LEGAL NOTICE INVITATION FOR BID - Web viewYour procedure for repairing/replacing ... (percentage of...

REQUEST FOR PROPOSALS

LAUNDRY EQUIPMENT, SERVICES, & MAINTENANCE AT VARIOUS LOCATIONS

August 6, 2014

Bid Due Date: August 28, 2014 2:00PM at 121 Riverside Ave., Medford, MA 02155

Documents Issued by: Medford Housing Authority 121 Riverside AvenueMedford, MA 02155 Contact: Bernie Kirstein (781) 396-7200 Ext. 140

Request for ProposalLaundry Equipment, Service and Page 2 of

LAUNDRY EQUIPMENT, SERVICES, & MAINTENANCE AT VARIOUS LOCATIONS

TABLE OF CONTENTS

A. Advertisement………………………………………………………………………

3

B. Introduction and Background ………………………………………………………………

4C. Terms and Conditions………………………………………………………....................

5D. Scope of Work……………………………………………………………………………………

7E. Information to be provided in your proposal………………………………………….

12F. Service Provider Evaluation Criteria………………………………………………………

13G. Selection Process………………………………………………………………………………

14H. Administrative Information…………………………………………………………………..

17I. Insurance………………………………………………………………………………

17J Criminal Background Investigation…………………………………………………………

19

AttachmentsAttachment 1: Equipment and Community ListBID FORM ITEMS: (7 Items + Bid Bond)

Item 1: Equipment Specifications

Item 2: Organizational PlanItem 3: Previous Experience and Ability to Perform WorkItem 4: Non-Collusive AffidavitItem 5: Tax CertificationItem 6: CommissionItem 7a & b: Certification of Intent to Comply with Section 3 (2

forms) Attachment 2: MHA Contract (2)

Section 3 (12)


LEGAL NOTICE INVITATION FOR BID

LAUNDRY MAINTENANCE SERVICE MEDFORD HOUSING AUTHORITY

The Medford Housing Authority invites sealed bids for a LAUNDRY MAINTENANCE SERVICE CONTRACT. BIDS FOR Laundry Equipment, Services, and Maintenance will be received until 2:00 PM August 28, 2014 at the Medford Housing Authority at 121 Riverside Avenue in Medford, MA 02155 at which time they will be received but not publically opened, per MGL Chapter 30B. Bids will be evaluated within 60 days, and the results of the evaluation made public.This three-year contract, (with renewable annual options for an additional two years) is for Laundry Equipment, Services, and Maintenance at 6 developments for a total of 55 machines, (28 washers and 27 dryers). Gross Income from laundry is approximately $60,000/year.

Specifications will be available Wednesday, August 6, 2014 after 10 AM by email to Bernie Kirstein at [email protected], or in hard copy from the Medford Housing Authority at 121 Riverside Ave., Medford, MA, 02155. There is no charge for bid documents. There are no filed-sub-bids.

A walk-thru will be held Wednesday, 10 AM, August 20, 2014. Attendees meet at 121 Riverside Avenue, Medford, MA.

All bidding procedures included in M.G.L. c.30.B, Section 39M, c. 149, 24 CFR 85.36 and the provisions of Instructions to Bidders shall be strictly adhered to.

The bid proposal will be due Thursday, 2:00pm, August 28, 2014 at 121 Riverside Avenue, Medford, MA 02155. The bid proposal must be in two envelopes, an outer mailing envelope, and an i nner sealed envelope, contai ning the bid, clearl y marked, “Bid for Laundry Equipment, Services, and M ai ntenance”.

The bid proposal must be accompanied by a bid surety in an amount no less than 5% of the total bid, (the total estimated net payment to the MHA in the first year of the contract). Bid surety must be in the form of a certified check or bank draft, or a bid bond made out to the Medford Housing Authority. Personal checks will not be acceptable. Bid Surety of all but the 3 lowest bidders will be returned within one week of the bid opening. Bid surety of the three low bidders will be returned upon final approved execution of the contract.

Please direct questions to Bernie Kirstein by email at [email protected] or telephone: 781-396-7200 Ext.140.

The Medford Housing Authority reserves the right to reject any and all bids or parts therein if it is in the public interest to do so.

By submitting a bid, the bidder warrants that he or she has examined the site and bid documents; that the bid documents are adequate; and the required result can be produced as written,

including certification of intent to comply with Section 3 requirements . No increase in the contract sum nor claim for damages due to delay will be permitted as a result of the contractor's

failure to accomplish any or all of these requirements.


AA/EOE

MEDFORD HOUSING AUTHORITY REQUEST FOR

PROPOSALS

LAUNDRY EQUIPMENT, SERVICES & MAINTENANCE AT VARIOUS LOCATIONS

B. INTRODUCTIONThe Medford Housing Authority of Medford, Massachusetts (hereinafter, “MHA”) is a public entity that was formed in 1948 to provide federal and state subsidized housing and housing assistance to low-income families, within the City of Medford, Massachusetts. The MHA is headed by an Executive Director (ED) and is governed by a five-person Board of Commissioners and is subject to the requirements of MGL C 30B, 24 CFR 85.36 and the MHA’s procurement policy.

Currently, the MHA owns and/or manages: (a) 2 federal family developments totaling 292 units(in family units tenants provide their own laundry machines); (b) 5 federal elderly/disabled developments, totaling 407 units; (c) 1 state elderly/disabled development, totaling 144 units throughout the City of Medford for a total of 843 units (699 Federal/144 State).

In keeping with its mandate to provide safe and sanitary housing, the MHA is now soliciting bids from qualified, licensed and insured entities to provide the services of “Laundry Equipment, Services, and Maintenance at Various Locations” to the MHA. All bids submitted in response to this solicitation must conform to all of the requirements and specifications outlined within this document and any designated attachments in its entirety.

B. BACKGROUNDThe Medford Housing Authority currently has 28 washers, 27 dryers in the 6 of its Elderly/Disabled buildings listed in Attachment 1-Equipment and Community List. All these machines are coin-operated. The existing equipment is owned by Mac-Gray. Currently the vending prices are $1.25 per washer load and $1.25 per dryer load. The gross amount collected from laundry machines from data for the past three years is as follows:

12 Month Period Gross ReceiptsJuly 2013 – June 2014 $62,817.38July 2012 – June 2013 $63,119.45July 2011 – June 2012 $60,922.50Totals 36 Months $186,859.33

The selected Service Provider shall service and maintain the current number of machines at the locations described on Attachment 1 and install card


operated vending machines where prices for all locations listed on Attachment 1 shall be $1.25 per wash and $1.25 per dry (45 minutes for gas and 60 minutes for electric, with incremental additional time charged at $.25 for 15 minutes). Machine counts and locations may be changed


by agreement of the MHA, by a written change Order at future times under the Contract that will result from this RFP.

C. TERMS AND CONDITIONS

a) Proposal Requirements . Proposers must provide Qualification Proposals and Cost Proposals. Please provide one copy of the Qualification Proposals and one copy of the Cost Proposal in the format outlined in this RFP. The Bid Items (7) must be provid ed in a separate, sealed envelope marked “ Bid Proposal ”. The Cost Proposal , (Bid Item #6) should be within another sealed envelope inside the Bid Proposal , envelope marked “ Cost Proposal ” , (so that Cost can be evaluated separately from the Qualification proposals). Sealed proposals must be received no later than 2:00PM on Thursday, August 28, 2014 at Medford Housing Authority, 121 Riverside Avenue, 1st floor, Medford, MA 02155 Attn. Bernie Kirstein. At that time all RFP’S will be recorded and taken under advisement. Faxed or e-mailed submittals will not be accepted. All proposals should be clearly marked when delivered or mailed to avoid any confusion about recording arrival dates and times. Upon receipt of each proposal, MHA will date stamp it to show the exact time and date of receipt. All proposals received will become the property of the Medford Housing Authority and will not be returned to the proposer. Any modification or withdrawal of proposals shall be made in writing and received by the MHA prior to the time and date that the proposal is due.The MHA resrves the right to waive minor procedural inconsistancies and to reject all bids.

b) Bidders Checklist: To be provided for total bid – 7 Items + 5% Bid Bond (Forms as provided at the end of this bid package)

c) t i o

5% Bid Bond (5% of Net Annual Proposed Commission)

Item 1: Equipment Schedule

Item 2: Organizational Plan

Item 3: Previous Experience and Ability to Perform Work

Item 4: Non-Collusive Affidavit

Item 5: Tax Certification

Item 6: Commission

Items 7a and 7b :Certification of Intent to Comply with Section 3


Questions or requests for further information must be submitted in writing to the attention of Bernie Kirstein, Associate Executive Director, at [email protected] or by fax (781) 393-9497 no later than 4:00pm on August 22, 2014. No inquiry received after the stated deadline will be considered.


d) Addendum . In the event there are any changes or clarifications to this RFP, MHA will issue an addendum. Addenda will be e-mailed to everyone on record as having received an RFP. The addenda shall be deemed as part of the RFP. It is the responsibility of proposers to confirm if there were any addenda issued prior to submission of their proposal.

d) Proposal Acceptance Period . The Medford Housing Authority shall have a period of 60 calendar days following the proposal opening date to make the award. No proposals may be withdrawn during this acceptance period, without the permission of the Medford Housing Authority. Contract is scheduled to begin November 1, 2014.

e) Attendance at Proposal Opening . According to MGL chapter 30B, the proposal opening is not a public opening and the submitted proposals will not be made public documents until all proposals have been evaluated or when the proposal acceptance period stated above has elapsed (whichever occurs first).

f) Rights Reserved by MHA . The Medford Housing Authority reserves the right to reject any and all RFP’S and to waive any informalities if it is in the public interest to do so. The Medford Housing Authority also reserves the right to reject proposals if less than three proposals are received.

g) No Warranty . The Service Provider is required to examine the Request for Proposal, instructions and risks to be covered. Failure to do so will be at the Service Provider’s own risk. It is assumed that the Service Provider has made such investigations as to be fully informed as to the extent and character of the hazards of the requirements of the RFP. No warranty is made or implied as to the information contained herein.

h) Debarred, Suspended and Ineligible Service Providers . The Service Provider certifies by submission of a proposal that it is not a debarred, suspended or ineligible Service Provider by any agency of the federal or state government. No proposal received from a debarred, suspended or ineligible Service Provider will qualify for award.

i) Non-Collusive Affidavit, Tax Compliance Certificate and Insurance Binder. The attached Non-Collusive Affidavit must be executed and submitted with this proposal. A certificate of Tax Compliance in accordance with MGL Ch. 62C, subsection 49A, will be required before the executive of the contract. An insurance binder in the amount described in the RFP will be required of the awarded Service Provider.

j) Diversity. MHA strongly encourages minority-owned and women-owned businesses, socially and economically disadvantaged businesses, HUD Section 3 businesses, and small businesses to submit proposals or to participate in a subcontracting capacity on MHA contracts.

k) Method of Award. The contract will be awarded to the responsive and responsible Service Provider who meets the minimum criteria


requirements and whose proposal is determined to be the most favorable to the Medford Housing Authority. The Medford Housing Authority may reject any and all proposals if such action is in the public’s best interest and waive minor informalties and minor irregularities in proposals received. RFP’S will be subject to approval and


award by the Medford Housing Authority Board of Commissioners.

l) Term of Contract . The term of this contract will be for a period of three years, with two, one year options to renew.

D. SCOPE OF WORKThe selected Service Provider shall perform, but not necessarily be limited to, the tasks for each of the categories below:

1. Equipment

a) Supply and install the corresponding number of washers and dryers specified at each of the locations outlined in Attachment1. The Service Provider is responsible for all physical requirements such as hoses, (provide “Floodcheck or equal quality washer hoses), venting and venting connections. Venting interfacing to the building exterior is also the responsibility of the Service Provider. The MHA reserves the right to add or remove washer and dryers from this contract as it needs change. Additions and deletions will be at the proposal price and all costs associated with machine removal, replacement, and additions will be the responsibility of the Service Provider.

b) All washers and dryers shall be new, unused, heavy duty, "commercial" type, card operated machines, “Energy Star” rated, and in the quantity specified on Attachment 1.

c) The washing machines shall be new top loading or ADA compliant front-loading (horizontal axis), with variable settings, high efficiency, per Attachment 1-Equipment and Community List. The machines will be Energy-star rated, with a minimum Energy Star CEE Tier II or Tier III, commercial or equivalent machines, with a minimum of 24 lb. capacity. The drying machines shall also be be top loading or ADA compliant front-loading (horizontal axis), with variable settings, high efficiency, per Attachment 1-Equipment and Community List. The machines will be Energy-star rated, with a minimum Energy Star CEE Tier II or Tier III, commercial or equivalent machines, with a minimum of 24 lb. capacity, with 2 settings. All equipment shall meet washing and drying recommendations of current clothing manufacturers regarding wash and wear, permanent press and regular articles of clothing.

d) Install the quantity of ADA accessible washers and dryers in each laundry room as identified in Attachment 1. This


equipment shall be positioned to provide the maximum allowable floor space in front of the machine. The machine buttons must be operable with a closed fist, without the need to pinch, twist, or grasp.


e) Equip each machine with an electronic, non-resettable digital counter that provides verification of information, including but not limited to, cycle counts.

f) Install card payment mechanisms that are of heavy duty, tamper-proof construction. Each machine shall be convertible to debit-card or coinless card activation. All buildings' machines shall be card operated. Provide 1 card charging mechanism at one location at each of the 6 developments.

g) Install and vent each machine in accordance with the manufacturer's recommendations. Dryer vents to be cleaned initially , then twice a year, minimum, unless more cleanings are needed to provide adequate drying within the time specified.

h) Machines should be numbered to make it accurate for residents and Site Managers to identify out-of-order machines.

i) Affix a permanent label, decal or sign to each machine clearly outlining the machine's operating instructions. Braille and other language translations shall be available upon MHA's request.

j) The card operated machine vending prices, for the initial 3 years, for all locations listed on Attachment 1 shall be $1.25 per wash and$1.25 per dry (45 minutes for gas and 60 minutes for electric, with incremental additional time charged at $.25 for 15 minutes).Options to renew have two separate pricing options. See these options for specific pricing.

k) All equipment shall be connected to existing electric, gas, water and sewer lines serving the community laundries in which the equipment is to be placed, except as otherwise specified herein.

l) Should any washer or dryer provided under this contract be serviced 7 times, it will be replaced by another new machine of the same commercial quality as the original machine at no additional cost to the MHA.

m) Additional equipment –any braces or ramps needed at the machines for ADA compliance shall be provided by the contractor.

n) At the conclusion of this contract, it will be the responsibility of the contractor under this contract to remove all equipment, debris , and supplies from this


contract within 48 hours of the MHA’s request for removal at no cost to the MHA.


2. Alternates:

Alternate 1. The Service Provider shall provide MHA with pricing and options to install one (1) wall mounted soap vending machine at one location at each development, (6 total) identified in Attachment1. This machine will allow residents to purchase soap, bleach and fabric softener. The Service Provider will be responsible for re-filling and maintaining this machine. The Service Provider will pay MHA a commission, a sum equivalent to the negotiated percent of the Service Provider's gross income generated from this vending machine. The price for this Alternate should be included in Bid Item #6 - Commission.

3. Maintenance of the Equipment and Laundry Rooms

a) Service, maintain and ensure that all machines operate in accordance with the manufacturer's recommended performance standards. Hours of work are 8:00Am to 4:30 PM M-F, excluding State and Federal holidays.

b) Maintain the equipment and be responsible for cleaning the vent lines and lint filters in accordance with the manufacturer's recommendations.

c) Clean all lint filters at least once a month to prevent accumulation of lint and other foreign matter.

d) Clean all dryer vents from the dryers to the termination of the vents outside the building. The vent lines shall be inspected annually. All vent lines shall be cleaned, initially, then twice a year at minimum, or as often as needed to allow the equipment to operate within the manufacturer's recommended performance standards at the Service Provider's expense. Vents shall be maintained to be free of lint and debris that could reduce air flow.

e) All inspection and cleaning of lint catchers and vent ductwork shall be documented in an activity log (denoting person performing inspection, inspection results, corrective action taken, date and time, photo documentation) that shall be submitted to Owner annually, upon 48 hours request.


f) Keep the areas behind the machines and the machines themselves clear and free from accumulations of dust, lint, or other foreign matter.

g) Dryer venting and areas behind the machines shall be cleaned after the removal of the old equipment and left free of lint and other foreign matter prior to the installation of the new equipment.

h) The Service Provider shall be responsible for connecting dryers to the dryer vents in compliance with State and Llocal Building Code to assure proper duct assembly and connection to the dryers, and thus greatly reduce lint build-up within the duct work.

i) Provide service for the equipment within 24 hours of notification by MHA's Project Manager or by a tenant. If equipment is in need of replacement, the Service Provider shall first notify MHA's Project Manager, and then replace the faulty equipment within 24 hours.

j) Make a refund to any tenant losing money in a malfunctioning machine within 10 business days of the tenant's initial request for it, including reimbursement of damaged clothes.

k) Promptly attach to any malfunctioning machine an "Out of Order" sign that blocks the coin slots.

l) Maintain in prominent view in each laundry room a permanent sign clearly stating the name and address of the Service Provider, direct phone numbers and/or persons to contact for service and for refunds.

m) Modifications of the laundry rooms are not permitted without MHA's written approval. Any modifications required to accommodate the Service Provider's equipment will be made at the Service Provider's expense, and after receipt of authorization from the MHA.

4. Maintenance Exclusionsa) MHA is responsible for the dryer and washer electrical outlets,

and for replacing dryer vent lines, water supply lines and wastewater drain lines in the walls.

b) The selected Service Provider is responsible for damage to the laundry room or to other parts of the building resulting from malfunction or improper maintenance of the equipment and/or vent lines.

5. UtilitiesMHA will provide, pay for and maintain the necessary utility services,


including hot and cold water, electricity, heat and gas; provided, however, that the temporary failure of any of the above utilities from any cause whatsoever shall not be a breach of the Contract to result from this RFP, nor shall it render MHA liable to the Service Provider for loss of revenue or consequential damage to its machinery.


6. Revenue Payments

a) Pay MHA a commission, a sum equivalent to the negotiated percent of the Service Provider's gross income from business operations conducted. Such payments shall be based on monthly statements of gross income prepared by the Service Provider and submitted on a monthly basis with the payments. The Service Provider is responsible for verifying the accuracy of the collections and statements.

b) The revenue checks and statements must be submitted to MHA's Project Manager on a monthly basis by the 25th of the following month (i.e., January report and revenue check must be received by February 25. February report must be received by March 25, etc.). Commission payments to MHA shall be based upon the counter readings for each location and the monetary value associated with each location. The counter readings must be included on the monthly payments and shall include both the beginning and ending readings for the payment period for each location.

c) The Service Provider shall maintain an accurate and complete account of all receipts and supply any records associated with this account within five(5) business days of MHA's written request.

7. Schedules

1. Replacement Schedule:

a) Coordinate with Mac-Gray, the owner of the existing equipment, and MHA's Project Manager for the removal of the existing equipment from the locations listed on Attachment 1 and with the installation of the selected Service Provider's new equipment. The Service Provider shall provide a schedule for equipment replacement for all of the locations to MHA's Project Manager two (2) days after the execution of the Contract. MHA must approve the moving and installation schedule before any equipment may be moved or installed.

b) Installation of the new equipment at all of the sites listed on Attachment 1 must be completed within 7 days of the start of the contract.

c) Coordination of the equipment changes for any one building shall allow no more than two (2) days between the removal of the old equipment and the installation of the new equipment.

2. All work to be performed under the Contract to result from this RFP shall be performed at the following times:


a) During normal business hours (8:00 AM to 4:30PM, Monday through Friday).

b) No work shall be performed on weekends or holidays unless


previously approved by MHA.

3. No equipment shall be removed from a building without prior notice to MHA.

4. At the end of the final term of the Contract to result from this RFP, the Service Provider shall comply with the negotiated schedule to remove its machines. This schedule shall be negotiated among itself, MHA's Project Manager, and the newly selected Service Provider.

E. INFORMATION TO BE PROVIDED IN YOUR PROPOSALThe submission of both a technical proposal and a price proposal will be required for evaluation and contract award. Each proposal must be organized into two separately sealed and packaged parts. Proposals should address and be organized in the order of the outline given below and include the following information:

Cover Letter Address each of the evaluation criteria below:

Relating to Criterion 1: Equipment Specifications: Using the form attached to this document labeled Bid Item 1-

Equipment Specifications, describe the machines your company proposes to install if it is selected as the successful proposer under this RFP.

Relating to Criterion 2: Organizational Plan: Using the form attached to this document labeled Bid Item 2-

0rganizational Plan, please address each of the items and in the order requested.

Relating to Criterion 3: Previous Experience and Ability To Perform the Work: Using the form attached to this document labeled Bid Item 3-

Previous Experience/Ability to Perform the Work, please address each of the items on the form and in the order requested.

Relating to Criterion 4: Commission Percentage: In a separate sealed package, include the Bid Bond, Bid Items 1-5,

and 7 andusing the form attached to this document labeled Bid Item 6- Commission ("Percentage of Gross Amount Collected to Be Paid to the Medford Housing Authority") please include the amount the Service Provider will charge by a percentage (%) or commission rate stated in percentage (%) of the vending rate per cycle. The MHA is price conscious due to the high inflation rate of utilities and reduced operating revenue. Therefore a strong consideration will be based on price alone. The Service Provider shall not state any fee, price, or commission information anywhere in the Service Provider's response except in the price proposal.

a) Provide resumes for the key personnel named in your response.


b) Include a list of at least three references for whom the firm or team members have performed similar work in the last five years (including agency or business name of client, contact person, address, telephone number and e-mail address if available.)


F. SERVICE PROVIDER EVALUATION CRITERIAService Providers' submittals will be evaluated based on the criteria listed in this section and further described in Section D above. In preparing the submittal to MHA, it is important for proposers to clearly demonstrate their expertise in the areas described in this document. Because multiple areas of expertise are required for successfully performing this project, the Service Provider, either through in-house staff or sub-consultants, must demonstrate expertise and have available adequate numbers of experienced personnel in all of the areas described.Service Providers are encouraged to identify and clearly label in their submittal how each criterion is being fully addressed. Evaluation of responses to this RFP will be based only on the information provided in the submittal package, and if applicable, interviews, and reference responses. MHA reserves the right to request additional information or documentation from the firm regarding its submittal documents, personnel, financial viability, or other items in order to complete the selection process. If a responding firm chooses to provide additional materials in their proposal beyond those requested, those materials should be identified as such and included in a separate section of the proposal. In submitting a proposal, the Service Provider and any sub-consultants agree that any costs, prices, hourly rates proposed shall be valid for a minimum of 60 days from the proposal due date.

I. Minimum Evaluation Criteria

The MHA will conduct a review of each proposal to determine whether it meets the minimum criteria listed below. Any proposal not meeting the following criteria will be deemed not responsible and the proposal will be rejected.

1. Service Providers must be able to comply with section D. Scope of Work in its entirety and comply with all aspects of this solicitation.

2. Service Providers must have been in business for at least five (5) years.

3. Service Providers must have 5 years experience in providing these or similar services.

4. Service Providers must have sufficient staff to perform the services under this contract.

II. Comparative Evaluation CriteriaFor each of the comparative criteria you will be evaluated and assigned a categorical rating of Highly Advantageous (HA), Advantageous (A), Not Advantageous (NA), or Unacceptable (U) that has a corresponding point score. The points from each comparative criteria will be added together to produce a total composite score. Your proposal will receive an overall categorical ranking as listed below based on the total composite score.


The following criteria with a point system of relative importance with an aggregate total of one hundred points will be utilized to evaluate the qualifications of each proposer:

Highly Advantageous 80-100 points Advantageous 50-79 points


Not Advantageous 20-49 pointsUnacceptable 0-19 points

1. Bid Item 1 - Equipment Specification - (See Section D above and Attachment 2 at the end of this RFP for a complete description of this Criterion.)

Highly Advantageous (25 points): The proposal has a complete and comprehensive plan of laundry services to provide based on the scope of services.

Advantageous (15 points): The proposal has a good plan of laundry services based on the scope of services.

Not Advantageous (7.5 points): The proposal lacks elements of the scope of services in its plan.

Unacceptable (0 points): The proposal does not meet the specifications in any way as described by the scope of services.

2. Bid Item 2 - Organizational Plan - (See Section D above and Attachment 3 at the end of this RFP for a complete description of this Criterion.)

Highly Advantageous (10 points): The Service Provider can respond to maintenance or service requests within twenty four (24) hours from time of original call for maintenance or service.

Advantageous (7.5 points): The Service Provider can respond to maintenance or service requests within seventy two (72) hours from time of original call for service.

Not Advantageous (5 points): The Service Provider can respond to maintenance or service requests within five (5) business days from time of original call for service.

Unacceptable (0 points): The Service Provider can respond to maintenance or service requests within six (6) or more business days from time of original call for service.

3. Bid Item 3 - Previous Experience and Ability to Perform Work - (See Section D above and Attachment 4 at the end of this RFP for a complete description of this Criterion.)

Highly Advantageous (10 points): The Service Provider has fifteen (15) or more years of experience in providing laundry services.

Advantageous (7.5 points): The Service Provider has ten (10) to fourteen (14) years of experience providing laundry services.

Not Advantageous (5 points): The Service Provider has five (5) to nine (9) years of experience providing laundry services.


Unacceptable (0 points): The Service Provider has less than five (5) years of experience providing laundry services.


4. Bid Item 6 – Commission - The following criterion with a point system of relative importance will be evaluated by using a Ratio of Cost process whereby the Proposer with the highest commission percentage receives all the possible points, and all other proposers receive a smaller number of points based on the ratio of their commission to the highest commission proposal. Points for Commission Percentage will then be added to the Points Assigned for Qualifications by each evaluator.

Commission (See Section D above and Attachment 5 for a complete description of this Criterion (50 points)

Submission of Forms (5 points)

1. Technical Proposal (1 original) which includes the following attachments:

Bid Item 1: Equipment Specifications Bid Item 2:

Organizational PlanBid Item 3: Previous Experience and Ability to Perform Work Bid Item 4: Non-Collusive AffidavitBid Item 5: Tax Compliance Certification Bid Item 6: CommissionBid Items 7(a & b): Certification of Intent to Comply with Section 3


G. SELECTION PROCESSAn evaluation panel will rate all responses to this RFP that are received on or before the stated deadline, according to the criteria listed above. Based on its initial evaluation, the panel may:

1. Make a recommendation to MHA's Executive Director and request authority to negotiate a Contract with one or more proposers; or

2. Request additional information from the proposer whose responses appear to have the greatest likelihood of success; and/or

3. Invite one or more proposers whose responses appear to have the greatest likelihood of success to attend an interview/presentation to discuss their proposal; and then make a recommendation for award to the Medford Housing Authority Board of Commissioners.

MHA reserves the right to conduct reference checks, at either or at both of the following two points of the evaluation process:

1. After proposals are evaluated, for the proposer with the highest-scoring proposal;

2. In the event that interviews are held, for the proposer with the highest-scoring proposal and interview.

In the event that information obtained from the reference checks reveals concerns about the proposer's past performance and their ability to successfully perform the contract to be executed based on this RFP, MHA may, at its sole discretion, determine that the Proposer is not a responsible proposer and may select the next highest-ranked Proposer whose reference checks validate the ability of the Proposer to successfully perform the contract to be executed based on this RFP. In conducting reference checks, MHA may include itself as a reference if the Proposer has performed work for MHA, even if the Proposer did not identify MHA as a reference.

By submitting its proposal in response to this RFP, the Proposer accepts the procurement method used and acknowledges and accepts that the evaluation process will require subjective judgments by MHA and the evaluation panel.

Any protest of the selection process shall be resolved in accordance with MHA's Procurement Policies, which may be reviewed at the following web site address:

http:/www.Medford-housing.org


H. ADMINISTRATIVE INFORMATIONa) Minority-owned and Women-owned Business Enterprises: MHA

strongly encourages minority-owned and women-owned businesses, socially and economically disadvantaged business enterprises, HUD Section 3 businesses, and small businesses to submit proposals, to participate as partners, or to participate in other business activity in response to this RFP.

b) Section 3 Requirements : Section 3 of the Housing and Urban Development Act of 1968 (hereinafter "Section 3") requires MHA to the greatest extent feasible to provide employment opportunities to Section 3 residents. Section 3 residents include residents of MHA communities and other low-income residents of Medford.

c) Payment Requirements : Proposers should be aware that MHA will only make payments on the contract issued under this RFP after the work being billed has been completed, and within 30 calendar days of receipt of a properly prepared and MHA approved invoice from the Service Provider. Supporting documentation is required for payment of reimbursable expenses

d) Approval of Sub-Consultants : MHA retains the right of final approval of any sub- consultant of the selected Proposer who must inform all sub-consultants of this provision.

e) Documents Produced : All construction drawings, reports, specifications, and other documents produced under contract to MHA must be submitted to MHA in both hard copy and a digital format that meets MHA's requirements, using Microsoft Office or AutoCad products in an IBM-compatible format. All documents and products created by the Service Provider and their sub- consultants shall become the exclusive property of MHA.

f) Other Contracts : During the original term and all subsequent renewal terms of the contract resulting from this RFP, MHA expressly reserves the right, through any other sources available, to pursue and implement alternative means of soliciting and awarding similar or related services as described in this RFP.

g) Funding Availability : By responding to this RFP, the Proposer acknowledges that for any contract signed as a result of this RFP, the authority to proceed with the work is contingent upon the availability of funding, and approval by the regulating authority under applicable state and federal housing programs.

h) Contract Requirements : A sample of MHA's standard contract language is attached as Attachment 5 which will form the basis for any contract executed based on this solicitation.

I. INSURANCE


Insurance Requirements. The Contractor, at its sole cost and expense, commencing upon the Commencement Date and continuing until execution of the Contractor's Certificate and Release or continuing as otherwise indicated and required, shall


comply with the following requirements:

a) Comprehensive General Liability . The Contractor shall carry and maintain Comprehensive General Liability Insurance with limits not less than$1,000,000.00 per occurrence for bodily injury, death, and property damage and $2,000,000.00 general aggregate, and Automobile Liability Insurance with a coverage limit of not less than $1,000,000.00 covering all work performed under this Contract. The Contractor's Comprehensive General Liability Insurance policy shall include the following coverages: (a) independent contractors; (b) severability of interests/cross liability; (c) employees and volunteers as additional insureds; (d) contractual liability; (e) extended bodily injury (assault and battery); (f) defense outside of the limit;(g) care, custody, and control; (h) mobile equipment; and (i) additional insureds as required by contract. The MHA shall be named as an additional insured on all general liability policies.

b) Worker's Compensation . The Contractor shall carry and maintain Worker's Compensation Insurance including Employer's Liability Insurance as provided by Massachusetts General Laws, chapter 152, as amended, covering all work performed by it under this Contract.

c) Other Insurance . The Contractor shall carry and maintain such other insurance in such form and in such amounts as the MHA may from time to time reasonably require against other insurable hazards and casualties that are commonly insured against in the performance of similar services as are provided for in the Scope of Services.

d) Personal Property Insurance . The Contractor may, at its own expense, carry and maintain insurance to cover its own personal property, furniture, fixtures, machinery, and supplies used in the performance of the Scope of Services.

e) Miscellaneous Requirements . All policies of insurance required hereunder shall be issued in a form and type acceptable to the MHA and by companies having a minimum A.M. Best's rating of "A" ("Excellent") and Financial Size Category VII or larger, or as otherwise deemed satisfactory to the MHA. Original certificates of insurance and/or binders of insurance evidencing the above required insurance coverage shall be furnished to the MHA, and shall be attached by reference to this Contract and made a part hereof. They shall provide for not less than thirty (30) calendar days prior notice to the MHA of any cancellation of/or major change in the policies. Not less than thirty (30) calendar days prior to the expiration date of the policies of insurance required under this Contract, the Contractor shall deliver to the MHA renewal certificates of insurance in accordance with all insurance requirements in this Contract. All policies of general liability insurance required hereunder shall list the MHA as a named additional insured as follows: Medford Housing Authority, 121 Riverside Ave., Medford, MA. 02155. Failure to provide insurance coverage as required by this Paragraph shall be deemed to be a material


breach of this Contract.f) Assumption of Risk. The Contractor agrees to provide the Services at its

own risk and liability. The MHA shall have no responsibility or liability for any loss or damage to personal property or fixtures of the Contractor or the Contractor's subcontractors.


J. CRIMINAL BACKGROUND INVESTIGATIONThe selected Service Provider shall conduct a criminal investigation of all employees, volunteers, subcontractors and sub-consultants performing any work who may reasonably be expected to have direct or incidental contact with MHA residents, MHA staff members, or any minor person (s). In addition, a criminal investigation shall be performed for any person performing work under this Contract who needs special entry into MHA buildings, is given temporary use of any MHA building-access card or who collects payments of any kind. In the event a background check provides evidence of a felony conviction within the past seven years, the results of that investigation shall be disclosed to the MHA Project Manager. If any person performing work under this Contract is charged with a felony, the selected Service Provider agrees, if requested by MHA, to replace such person with an individual acceptable to MHA.

Attachment 1:EQUIPMENT AND DEVELOPMENT LIST

Development Address # of Units Type Washers Electric Dryers

Gas Dryers

Saltonstall Building

121 Riverside Avenue 200 Elderly

6+1ADAwasher

7 ADAdryers

Phillips Building 15 Canal Street 17 Elderly1 ADAwasher

1 ADAdryer

Doherty Building92-94 Fellsway

West 15 Elderly1 ADAwasher

1 ADAdryer

Tempone Apartments 22 Allston St. 100 Elderly

3+3 ADAwashers

6 ADAdryer

Weldon Gardens35 Bradlee

Road 75 Elderly2 + 2 ADA

washers3 ADAdryers

Walkling Court (Card and

Optional soap vending machine to be placed in

Community Building)

1-20 Walkling Court 144 Elderly/Disabled

9 ADAwashers

9 ADAdryers

TOTALS 551 28 22 5

Request for Proposal Attachment 1 –Equipment and Community ListLaundry Equipment, Service and Maintenance

Page 20 of 25

BID FORM: (1 of 7) Addendum Seen:

Bid Item 1: EQUIPMENT SPECIFICATIONS

Describe below the machines your company proposes to install if it is selected as the successful proposer under this Request for Proposals. Include the following:

Washer Electric Dryer

Gas Dryer

Manufacturer

Model Number

Load Capacity

Length of Cycles

RPM of High-Spin Cycle

Speed and Variable Settings

Energy and Water-Savings Rating

Estimated Gallons of Water Used Per Washer Load

Estimated Drying Time Per Average Load

Description of Coin Mechanisms and Vault

Please provide samples of brochures and specifications for Proposed Machines (attach to this sheet)

In what languages (include Braille) do you, or can you, have the equipment operation signs translated and available for installation?

Request for Proposal Attachment 2 – Equipment Specification Laundry Equipment, Service and Maintenance Page 21 of 25

Request for ProposalLaundry Equipment, Service and

Attachment 3 –Organizational Plan

BID FORM: (2 of7) Bid Item 2:

ORGANIZATIONAL PLAN

Please respond to each of the following items below in the order in which they are given:

1. Describe in detail how your company will maintain and repair machines.

2. The number of service technicians and trucks you have currently serving the Medford/Middlesex County area.

3. Location and size of shop facilities.

4. Your procedure for repairing/replacing machines when a malfunction is reported. Include turn around time in which MHA can expect the malfunction to be repaired.

5. Explain how you will handle the maintenance of the laundry rooms.

6. Explain how you handle refunds and how soon a resident may expect to receive the refund.

7. Explain your collection system. Indicate how you make collections. Are collection routes rotated? What safeguards do you have to insure accurate meter readings and card receipts? How often are collections made?

8. Explain your credit/debit/laundry-card system and how they would be implemented at card-operated washers and dryers at the various locations identified in Attachment 1.


Attachment 4 – Previous Experience

BID FORM: (3 of 7) Bid Item 3:

PREVIOUS EXPERIENCE AND ABILITY TO PERFORM THE WORK

Describe your company's previous experience and capability of providing the requested services described under Section D. Scope of Work above. Include the following:

1. Provide a detailed summary of the Service Provider's experience in providing laundry services to other housing authorities, college campuses, apartment complexes, or other related industries. Please include the number of years in experience and references from no less than three (3) individuals or organizations to whom the Service Provider has provided laundry services in the past. Indicate the names and the size (number of units) of multi-family developments that your company services, in what locations, for how long they’ve held the contract, as well as those your company has served over the past five (5) years.

2. Indicate the number of washers and dryers that your company operates and in what locations.

3. State the names and phone numbers of all federally assisted low-income housing agencies your company currently services, as well as those your company has serviced over the past five (5) years.

4. Has your company lost any accounts within the last five (5) years? If so, please provide reason and contact information.


Attachment 5 – Non-Collusive Affidavit


FORM OF NON-COLLUSIVE AFFIDAVIT:

State of)ss.

County of )

being first sworn, deposes and says:

That he is (a partner or officer of the firm of, etc.)

the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Medford Housing Authority or any person interested in the proposed contact; and that all statements in said proposal or bid are true.

Signature of:

Bidder, if the bidder is an individual

Partner, if the bidder is a partnership

Officer, if the bidder is a corporation

Subscribed and sworn to before me this

day of , 20


Attachment 5 – Non-Collusive Affidavit

Notary Public SEAL

My commission expires


Attachment 6 –Tax Compliance Certificate


FORM OF TAX COMPLIANCE CERTIFICATE

STATE OF MASSACHUSETTS

COUNTY OF

being first sworn, disposes and says:

That he is (A Partner of Officer of the firm of, etc.)

Pursuant to M.G.L. c 62C, § 49A, I certify under penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the commonwealth relating to taxes.

Signature of: - Bidder, if bidder is an individual

Partner, if the bidder is a partnership

Officer, if the bidder is a corporation

Subscribed and sworn to before me this

day of , 20

Notary Public SEAL

My commission expires

BID FORM: (6 of 7)

Bid Item 6: COMMISSION

PERCENTAGE OF GROSS AMOUNT COLLECTED TO BE PAID TO THE MEDFORD HOUSING AUTHORITY

Please state on the line provided below the percentage of commission (percentage of the gross revenue collected from the operation of coin or card operated clothes washing and drying machines) that you propose paying to MHA for October 1, 2014 through September 30, 2017, with an option for one extension from October 1, 2017 to September 30, 2018, and a second option to extend from October 1, 2018 to September 30, 2019.

BASEBID (Years 1-3) With the cost to the users of $1.25 per load for the washers and $1.25 per load for the dryers, the proposer offers and agrees, if this proposal is accepted, to pay MHA for the period of November 1, 2014 to October 31, 2017:

% (percent) of the gross income collected from each machine.

MHA OPTIONS: (4th and 5th years)4.A-1 With the cost to the users of $1.25 per load for the washers and $1.25 per load for

the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2017 to October 31, 2018:


4.B-1 With the cost to the users of $1.50 per load for the washers and $1.50 per load forthe dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2017 to October 31, 2018:


5. A-1 With the cost to the users of $1.25 per load for the washers and $1.25 per load for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2018 to October 31, 2019:


5. B-1 With the cost to the users of $1.50 per load for the washers and $1.50 per load for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2018 to October 31, 2019:


ALTERNATE: 1. Alternate No. 1: Soap Vending Machines

The proposer offers and agrees, if this Alternate is accepted, to pay theMHA: % (percent) of the gross income collected from each soap vending machine.

Request for Proposal Attachment 7 –CommissionLaundry Equipment, Service and Maintenance Page 26 of 25

BID FORM: 7a (of 7a&b)

Request for Proposal Attachment 7 –CommissionLaundry Equipment, Service and Maintenance Page 27 of 25

NUMBER OFFILLED BY EMPLOYEES*

BID FORM: 7b of (7 a & b)

HIRING OPPORTUNITl£S

COMPANYTYPE

SUBCONTRACTING OPPORTUNITIES CON

1)

payr<>H "" of m& i!l"•ll.m:i D considerswho h"• l:ttaert l"id oll lllnd is mlt•mirl!l O the to b4' ""MW him'lbr pot'j'.lmlm; ol Seciion 3

1i!Mvr.isn11..1ej)11111><iril ari EWrate Ml!ll'lllre of worido!Ci! and need!Ifor mis

nurr11>!lf 01 •ecll!ll'l 3 rll!l!idelllll aMb!lslfl- oono&ml ha!!he oomP1>ny proll'*l•

Alltllorized

Request for Proposal

Laundry Equipment Service and Maintenance

Attachment 7 -CommissionPage 28 o/ 25

Attachment 2:MHA CONTRACT FOR PROFESSIONAL SERVICES

BASEBID (Years 1-3)

With the cost to the users of $1.25 per load for the washers and $1.25 per load for the dryers, the proposer offers and agrees, if this proposal is accepted, to pay MHA for the period of November 1, 2014 to October 31, 2017:


MHA OPTIONS: (4th and 5th years)4.A-1 With the cost to the users of $1.25 per load for the washers and $1.25 per load

for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2017 to October 31, 2018:


4.B-1 With the cost to the users of $1.50 per load for the washers and $1.50 per load for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2017 to October 31, 2018:


5. A-1 With the cost to the users of $1.25 per load for the washers and $1.25 per load for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2018 to October 31, 2019:


Request for Proposal Attachment 8 – MHA ContractLaundry Equipment, Service and Maintenance Page 29 of 25

est for Proposal Attachment 8 – MHA Contract

y Equipment, Service and Maintenance Page 30 of 25

5. B-1 With the cost to the users of $1.50 per load for the washers and $1.50 per load for the dryers, the proposer offers and agrees, as an MHA option, if this proposal is accepted, to pay MHA for the period of November 1, 2018 to October 31, 2019:


ALTERNATE: 1. Alternate No. 1: Soap Vending Machines

The proposer offers and agrees, if this Alternate is accepted, to pay theMHA: % (percent) of the gross income collected from each soap vending machine.

Requ Laundr


Attachment 8 – MHA Contract


Attachment 8 – MHA Contract

Page 33 o/ Laundry Equipment Service and

1 or 1 a11:gory

I. Examples of Efforts to Offer Training and Employment Opportunities to Section

Establishing 1ra111lM orot11£11ms. which am conslsll!nlwilh the mquif1l1ms,nl:S De1ianmen1 of Labor, h01J!llr1g residents and other secticm 3 la!lidenl!! in the bwldlr•g

Sp11nsoi 11g i11ehedllll!l•Q, ai vertis•no. llm>i>nina or orcrvld no a informat!Onal ml!letir10 an HA or orn1t1et111 re,prerni11a!:iw or al a tooatton in !he hotJsi11g

de11elc1pmenlor where c1m>gotry 101oati;;gotry perrwns reside or in the nei:ght101l1oc1d orservice area of !he section 3 co•ered llfOJll'<lt

Arrarn:1ino asslslarloa in 0011ductinrg interviews and ap1licatiC1ns for residenlll of the hor1si11g d1avelop:me1nl or de•vek;pnner112! where 1 or al!Jsgo:ry persons reside and In Iha ne1ghl orlhor:ld or servioa arors in a section 3 localed.

Interviews at the 11011slf1g d•evetoJ)lme1:11 oror al alocation within or aarvl!le area of the S!l(ltion

Page 33 o/ Laundry Equipment Service and

RequestJ _ . - . -r - --·-

Reque:Laundry Equipment Service and Page 34 o/

lhe HA's

Advertisi1m !he mn>uo1n lhe local media, such as cornmunity television n"'lwnrk"newspapers of '"''''"al crre<wa11011, radio "°''""!i"i:no..

coordinator, or with a business concem that is licensed in !he field placeine11tlr1rel'er;1blv one of the section concerns idenlifiea in that will mdelt!!ke,on HA other or contractor, the efforts Ii:> maid'! section 3residents with !he that the HA or to fill,

Where!here am more qu<11ITl<l section 3 residents than !here am prn1i!frlns to beof 3 residents for future em,plovment po:1itic1ns.

maintl1inir1g a Ille

Unde1tak:ino such continued as may be necessary to ensure the continued em1ploi1ment oi' sec:tion 3 residen:ts pirevi•ously hired for emploirmen!OIPP01rtun1ties

A!mr selection of bidders but to execution of contracts, into the contract a nei;ioti,!ltE;d prc1vision fur a number of housing or other section msk!enls to be trained on m1)ioJred on the seciion covered ass1stimoe.

II. Examples of Efforts to Award Contracts to Section 3 Business Concerns(1) u111:1zir1a Pl'OCIJl'!!1me1nl p11oc1ildu:rn for section 3 business concerns similar o those in 24 CfR

Native Americans section Ill of this Appendix)

In deerm1inin1gas evienoect

pot0ential contractors, consider their record of section 3 cornpl1iam::e current for!he pending contract

Conlacti11g busill!!!lll assistance am3nc,ies. minority oonlraclors associations and cornmurn:rvor1anizatior1s IO mform them of and their assistance in

ide•ntilfyin:gsection 3 businesses which may solicit for work in connectionsection 3 covered assimrn: l!t

Request.Laundry Equipment Service and Page 35 o/

Pri:>11icling written notice to aH known section 3 bus•ll!!SS concerns of the cor1!racttrig 01ppo·rrur1me1snotice be In sufficienlllmelo allow the sae!ion 3 business ooncems to resper1d ln\lltafions or re<ruest IOI p1•0P<lSiills.

workshops on and speeifl!l m<mnmso that 3 business C011cems canlake ad11ar1tac1e with such informatioo made a11ail11ble in 1a11gu11ge;s

(101JA£1111sing sedlon 3 businen com::ems aslo where may saek ass1stam:e to overcome timil>ltionssuch as lo ob!>lin !Ines of aedll,lln mcling, or insurarn::e.

{1 !Arrana1ina solicitations,limes for!he preserllalion of bids. speoifi<ialkms, and deli11e1rv

'"''"'"'u'•"' in W!l)lli lo lhe of seotioo business concerns.

(12)Wl1ere ap11roeirialte. b1ceal:lng 01,11 oonlracl woik Items 111101 eormc1mic:ally leeslblei units to !al:iilita1tesection 3 busmass oorn:ema.

am:l Ell'ld lhnouc•l'Ior 1ien.era1 circulalioi:i, and

S1X>fll!;Olif1a prog111n1s ,;,"""'""<! to anisl rellidenls cl resident1ow1ned bll!llnessas.

or Indlan ho1J!lirl!l the

l!l)Su:prx1rn11g buslnenes Which llrc•vldle economic OPllOrlunniHla low lnooma oer·S<l11ssu1iport ssrvioes available !he Small Adminlslralion O..<R' IT11•nl

Commerce and al the Stale and levels.

Attachment 8 -MHA ContractRequest for Proposal

Laundry Equipment Service and

Atti!!chmcmt B

ensure

Request.

SECTION 3 CLAUSE OF THEHOUSING AND URBAN DEVELOPMENT ACT OF 1968

A The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunit ies generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing

B The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organizat ion or workers·representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and locat on of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract wrth any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The Contractor will certify that any vacant employment positions, including training positions,that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whpm the reg11!atjons ot 24 Cfl par:t 139 Fel:JiFe elTlployn 1ent oppu1tu11ilies to be dlrectea , were notfilled to circumvent the contractor's obligations under 24 CFR part 135.

F Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default , and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U S.C.450e} also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and lndian-0wned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b).

H. Included in this Clause are all instructions of and the full Medford Housing Authority Section 3 Provision - Construction/ProfessionalServices.

In the event of a determination by the Executive Dire<:tor or his/her designee that the Contractor is not in compliance with the Section 3 clause or any rule, regulation, or report submission requirements of the Medford Housing Authority,this contract may be canceled, terminated,or suspended in whole or in part, and the Contractor may be declared ineligible for further Medford Housing Authority contracts for a period of one to three years.

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