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Instructions to Offerors
Non-Construction
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
41. Preparation of Offers
(a) Offerors are expected to examine the statement of work, the
proposed contract terms and conditions, and all instructions. Failure
to do so will be at the offeror's risk.
{b) Each offoror shalt furnish the Information required by the solicita-
tion. The offeror shall sign the offer and print or type Its name on the
cover sheet and each continuation sheet on which It makes an entry.
Erasures or other changes must be initialed by the person signing the
offer, Offers signed by an agent shall be accompanied by evidence of
that agent's authority, unless that evidence has been previously
furnished to the HA,
(c) Offers for services other than those specified will not be consid-
ered.
2. Submission of Offers
(a) Offers and modifications thereof shall be submitted in sealed
envelopes or packages (1) addressed to the office spocifled In tho
solicitation, and (2) showing the time specifled for recelpt, the solicita-
tion number, and the name and address of the offeror.
(b) Telegraphic offers will not be considered unless authorized by the
solicitation; however, offers may be modified by written or telegraphic
hotice,
(c) Facsimile offers, modifications or withdrawals will not be consld-
ered unless authorized by the solicitation.
3. Amendments to Solicitations
(a) If this solicitation is amended, then all terms and conditions which
are not modified remain unchanged.
(b) Offerers shal! acknowledge receipt of any amendments to this
solicitation by
(1) signing and returning the amendment;
(2) identifying the amendment number and date in the space
provided for this purpose on the form for submitting an offer,
(3) letter or telegram, or
(4) facsimile, if facsimile offers are authorized In the solicitation.
The HA/HUD must receive the acknowledgment by the time
specified for racoipt of offers.
4. Explanation to Prospective Offerors
Any prospective offeror desiring an explanation or Interpretatlon of the
solicitation, statement of work, etc., must request it in writing soon
enough to allow a reply to reach all prospective offerers before the
submission of their offers. Oral explanations or Instructions given
before the award of the contract will not be binding. Any information
given to a prospective offeror concerning a solicitation will be furnished
promptly to all other prospective offerors as an amendment of the
solicitation, if that information is necessary in submitting offers or if the
lack of it would be prejudicial to any other prospective offerors.
5, Responsibility of Prospective Contractor
(a) The HA shall award a contract only to a responsible prospective
contractor who is able to perform successfuily under the terms and
conditions of the proposed contract. To be determined responsible,
a prospective contractor must -
{1) Have adequate financial resources to perform the contract, or
the ability to obtain them;
(2) Have a satisfactory performance record;
(3) Have a satisfactory record of integrity and business ethics;
(4) Have a satisfactory record of compliance with public policy
(e.g., Equal Employment Opportunity); and
(5) Nothave been suspended, debarred, or otherwise determined
to be ineligible for award of contracts by the Department of
Housing and Urban Development or any other agency of the
U.S. Government. Current lists of ineligible contractors are
available for inspection at the HA/HUD.
{b) Before an offer is considered for award, the offeror may be
requested by the HA to submit a statement or other documentation
regarding any of the foregoing requirements. Failure by the offeror to
provide such additional information may render the offeror Ineligible for
award,
6. Late Submissions, Modifications, and Withdrawal of Offers
(a) Any offer received at the place designated In the solicitation after
the exact time specified for receipt will not be considered unless it Is
tecaived before award fs made and it -
(1) Was sent by registered or certified mail not later than the fifth
calendar day before the date specified for receipt of offers
(e.g., an offer submitted in response to a solicitation requiring
recelpt of offers by the 20th of the month must have been
mailed by the 75th);
(2) Was sent by mail, or if authorized by the solicitation, was sent
by telegram or via facsimile, and it is determined by the HA/
HUD that the late receipt was due solely to mishandling by the
HAVHUD after receipt at the HA;
(3) Was sent by U.S. Postal Service Express Mail Next Day
Service - Post Office to Addressee, not later than 5:00 p.m. at
the place of mailing two working days prior to the date specified
for receipt of proposals. The term "Working days” excludes
weekends and U.S. Federal holidays; or
(4) Is the only offer received.
(b) Any modification of an offer, except a modification resulting from
the HA's request for "best and final” offer (if this solicitation Is a request
for proposals), is subject to the same conditions as in subparagraphs
(a){1), (2), and (3) of this provision.
(c) A modification resulting from the HA’s request for "best and final”
offer recelved after the time and date specified in the request will not
be considered unless received before award and the late receipt is due
solely to mishandling by the HA after receipt at the HA.
(d) The only acceptable evidence to establish the date of mailing of a
late offer, modification, or withdrawal sent either by registered or
certified mail Is the U.S. or Canadian Postal Service postmark both on
the envelope or wrapper and on the original receipt from the U.S. or
Canadian Postal Service. Both postmarks must show a legible date or
the offer, modification, or withdrawal shall be processed as If mailed
late. "Postmark" means a printed, stamped, or otherwiso placed
impression (exclusive of a postage meter machine impression) that is
readily identifiable without further action as having been supplied and
affixed by employees of the U.S. or Canadian Postal Service on the
date of mailing. Therefore, offerers should request the postal clerk to
place a hand cancellation bull's-eys postmark on both the receipt and
the envelope or wrapper.
(e) The only acceptable evidence to establish the time of receipt at the
HA is the time/date stamp of HA on the offer wrapper or other
documentary evidence of receipt maintained by the HA.
ref. Handbook 7460.8
Previous edition is obsolete page 1 of 2 form HUD-5369-8 (8/93)
Financial Operations, IC & RA Review
RFP# FOICRAR-08-26
Initial:
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