1.  A bid guarantee from each bidder equivalent to five percent of the bid price.  The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 
2. A performance bond on the part of the contractor for 100 percent of the contract price.  A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 
3. A payment bond on the part of the contractor for 100 percent of the contract price.  A payment bond is one executed in connection with a contract to assure payment as required by law of all  persons supplying labor and material in the execution of the work provided for in the contract. 

Guidance:
 
1. Federal Requirements  24 CFR 85.36(h) 
2. Bid Guarantee -  Sample Form 
3. Performance Bond - Sample Form 
4. Payment Bond - Sample Form 

Federal Labor Standards - Construction

Available on line at: http://www.wdol.gov/index.html

Upstate NY - Contact Gary Kinsel, Director of Labor Relations at (716) 551-5755 ext. 5003.

 Guidance:

1. Procurement Handbook requirements - paragraph  10.9 & 10.10.

Guidance:

1. The use of  form HUD-5369    is required for all contracts for construction work. 
2. Procurement Handbook requirements - paragraph  6.5
3. Required fields within the Instructions to Bidders need to be filled in by the contracting officer.  Minimum fields that require comments are paragraph #7b ( name and address of contracting officer)  and  paragraph #10 (assurance of completion).
4. Paragraph #12 may be crossed out since it does not apply to Public Housing Authorities. 

Guidance:

1. The use of  form HUD-5369-A   is required for all contracts for construction work. 
2. Procurement Handbook requirements - paragraph  6.5
3. The "Minimum Bid Acceptance Period", paragraph 6(c)  needs to be 
   filled in by the contracting officer. 

Guidance:

1. The use of  form HUD-5370    is required for all contracts for construction work. 
2. Procurement Handbook requirements - paragraph  6.5
3. Required fields within the general conditions need to be filled in by the contracting officer.  Minimum fields that require comments are paragraphs #25 (contract period), #27d (payments),  #33 ( liquidated damages ) and #36 (insurance).

Develop and insert a table of contents. Sample Table Of Contents

Develop and insert a Bid Form. Sample Bid Form

Insert Instructions to Bidders for Contract. Guidance

Bid Guarantee    Sample Form

Insert Representations, Certifications, and Other Statements of Bidders. 

Insert General Conditions. Guidance

Performance Bond     Sample Form

Payment Bond     Sample Form

Previous Participation Certification  form HUD-2530

Develop and insert the Contract Form of Agreement. Sample Agreement

Insert Wage Determination. Guidance 

 Insert sample partial payment forms.  The PHA must use these or equivalent forms, reference HUD Procurement Handbook, paragraph 11.2.E for additional guidance.

HUD Forms

1. form HUD-51000 - Schedule of Amounts 
2. form HUD-51001 -  Periodic Estimate for Partial Payment 
3. form HUD-51002 -  Schedule of Change Orders 
4. form HUD-51003 -  Schedule of Materials Stored 
5. form HUD-51004 -  Summary of Materials Stored 

Equivalent Forms - Available from American Institute of Architects

www.aia.org   (http://www.aia.org/docs_default)

Insert sample Form of Contractor's Certificate and Release. Sample Form

Insert technical specifications.  Guidance

1. 24 CFR85.36(c)1 requires that all procurement transactions will be conducted in a manner providing full and open competition.
2. 24 CFR85.36(d)2  requires that bids publicly advertised and  solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;"

Guidance:
 
1. Procurement Handbook requirements - paragraph  6.5.B&C
2. Invitation for Bid - Sample Form 
3. Advertisement Procedures 
   • Time Period - Initial - Amendments 
4. Bid Package Deposit - Requirements 
5. Bid Document Register - Sample Form 

1. Bids shall be received up until a defined date and time.
2. Each bid must be dated and time-stamped immediately upon receipt.
3. All bids will be opened pubically.
4. All bids should be recorded in a bid tabulation log to document the status of bids received. 

Guidance:
 
• Procurement Handbook requirements - paragraph 6-9
• Bid tabulation log -  Sample Log 

1. Responsive - The low bid must be examined to insure that all required documents are properly filled out, and that the contractor did not alter the terms and conditions of the contract.
2. Responsible - The contracting officer must determine that the low bidder is responsible, reference 24CFR85.36(b)8 and the procurement handbook paragraph 10.2A.
3. Check and document that the contractor's name is not listed on the "List of Parties Excluded from Federal Procurement and Non procurement Programs." listing     documentation 
4. Check and document that the contractor's name is not listed on HUD's "Limited Denial of Participation" (LDP)    listing, documentation.  
5. Verify that the required bid guarantee has been provided.

Guidance:
• Mistakes, Withdraw and Changes In Bid - Procurement Handbook requirements -  paragraph 6-10 
• Limited Denials of Participation and Debarments and Suspensions, reference  24CFR24.705 and the procurement handbook  paragraph  10.2 H.

Guidance:
 
1. Federal Requirements  24 CFR 85.36(f) 
2. Procurement Handbook requirements - paragraph 10.3B {Price Analysis}, 10.3D {Cost Analysis},  10.3E {Documentation}
3. If more than one bid is received than a cost or price analysis must be performed.    Sample Price Analysis 
4. If only one bid is received than a cost analysis must be performed. Sample Cost Analysis 

Records must be sufficient to detail the significant history of a procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

Guidance:
 

1. Federal Requirements   24 CFR 85.35 (b) 9 
2. Additional documentation such as a finding of fact or determination and finding is needed when the contract files are  NOT "apparently obvious" relating to required information.
3. Determination & Finding for Contract Award -  Sample 
4. Determination & Finding - Content 

1. Award Letter   Sample Letter 
2. Obtain Performance and Payment Bonds
3. Check bonds against U.S. Treasury Listing of Approved Sureties - Circular 570  listing; documentation
4. Notice to Proceed   Sample Letter 
5. Letter for non successful bids   Sample Letter 

1. Contract File Arrangement - Sample
2. Retention of Construction Documents - Contract and procurement files shall be maintained a minimum of three (3) years after final payments and all other pending matters are closed, reference  24CFR85.36(i)11

 Housing Authorities  will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (24CFR85.36(b)2)
1. Daily Inspection Logs 
   1. Sample Log 
   2. Procurement Handbook requirements - paragraph 11.2F1.
2. Progress Payments  - 
   1. forms 
   2. checklist 
   3. Procurement Handbook requirements - paragraph 11.2E. 
3. Contractor Payrolls - 
   1. form WH-347, 
   2. instructions for WH-347
4. Record of Employee Interview
   1. form HUD-11 
   2. instructions for HUD-11
5. Progress Schedules -  Optional
   1. Procurement Handbook requirements - paragraph 11.2E1.
   2. form HUD-5372

Definition: A change order is a change issued by the Contracting Officer, after the award of a contract, in any of the contract terms, including specifications, completion time, description of work, etc., 
within the scope of the contract. 

 Sample Forms:

1. How To Issue a Change Order   Flow Chart 
2. Change Order Form  Sample Form 
3. Cost Analysis  Sample Form 
4. Determination & Finding -   Sample Form 
5. Change Order Register -  WORD, EXCEL 
6. Change Order Checklist - Checklist 
    
  Guidance:
1. Procurement Handbook requirements - paragraph  11.4
2. Additional documentation such as a finding of fact or determination and finding is needed when the contract files are  NOT "apparently obvious" relating to the change order.
3. Determination & Finding for Contract Award -  Sample 
4. Determination & Finding - Content 

 
1. Final Inspection - recommended procedure.
2. Documentation  - Following final inspection the HA shall notify the contractor to submit the following documentation to the HA:

1. Procurement Handbook requirements - paragraph  11.2G&H

The PHA is responsible for performing required warranty inspections, including the 11-month inspection, during the warranty period and promptly notifying the contractor in writing to remedy any defects relating to manufacturer or contractor warranties on equipment and systems and contractor warranties on materials and workmanship.

Warranty Inspection Form   Sample Form

Guidance:

1. Procurement Handbook requirements - paragraph  11.2I