Inactive

Sources Sought Synopsis The Department of Housing and Urban Development (HUD) is contemplating establishing a contract under NAICS Code(s) 541310, Architectural Services, and the Small Business Standa... Sources Sought Synopsis The Department of Housing and Urban Development (HUD) is contemplating establishing a contract under NAICS Code(s) 541310, Architectural Services, and the Small Business Standard is $7.5 Million, PSC Code R424, Expert Witness Services, for architectural reviews, surveys and reports as to whether covered multifamily dwellings meet the Fair Housing Act's design and construction requirements at 42 U.S.C. § 3604(f)(3)(C), and/or whether facilities meet the physical accessibility requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (Section 504), and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), their implementing regulations, 24 C.F.R. Part 8; 28 C.F.R. Parts 35 and 36, and applicable architectural standards, including the Uniform Federal Accessibility Standards (UFAS), the 1991 ADA Standards, and the 2010 ADA Standards for Accessible Design, as well as HUD's "Deeming Notice," 79 Fed. Reg. 29671 (May 23, 2014). There is no solicitation at this time. This request for capability information does not constitute a request for proposals; submission of any information in response to this market survey is purely voluntary; the government assumes no financial responsibility for any costs incurred. If you or your organization has the potential capacity to perform these contract services, please provide the following information: 1) organization name, address, email address, website address, telephone number, and size and type of ownership for the organization; and 2) tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability. If significant subcontracting or teaming is anticipated in order to deliver technical capability, organizations should address the administrative and management structure of such arrangements. Qualified individuals or firms should be an architect, engineer or similar design and construction specialist with extensive knowledge and experience in the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and the ADA as they apply to housing and HUD-assisted facilities. This includes experience surveying covered multifamily dwellings and other facilities for compliance with the design and construction and physical accessibility requirements of the Fair Housing Act, Section 504, and/or the ADA; providing plan review, construction review services or due diligence surveys; documenting compliance and noncompliance with these requirements; preparing expert or consultant reports; formulating methods for remediation of noncompliant facilities; estimating the costs associated with such actions; and/or providing expert testimony regarding such compliance in litigation. Depending on the scope of the investigation or litigation, qualified persons may be required to have knowledge of the Fair Housing Act's design and construction requirements, Section 504, the ADA, some, or all of the above. All qualified persons are encouraged to respond, describing their experience in the above-described areas. Teaming arrangements and joint ventures will be considered for any subsequent procurement based on the Government's market research, provided that all activities and materials are supervised by the prime contractor, the prime contractor remains wholly responsible for all activities and materials of the secondary contractor(s), and HUD is provided the opportunity to approve or disapprove the secondary contractor(s). The government will evaluate market information to ascertain potential market capacity to 1) provide services consistent in scope and scale with those described in this notice and otherwise anticipated; 2) secure and apply the full range of corporate financial, human capital, and technical resources required to successfully perform similar requirements; 3) implement a successful project management plan that includes: compliance with program schedules; cost containment; meeting and tracking performance; hiring and retention of personnel and risk mitigation; and 4) provide services under a performance based service acquisition contract. Based on the responses to this Sources Sought, this requirement may be set-aside for small businesses or procured through full and open competition, and multiple awards may be made. Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions. Submission Instructions: Interested parties who consider themselves qualified to perform the above-listed services are invited to submit a response to this Sources Sought Notice by July 16, 2019 10:00AM EST. All responses under this Sources Sought Notice must be emailed to Gabriel.G.Wright@hud.gov. Additional information on the required services is listed below. If you have any questions concerning this opportunity, please contact: Gabriel Wright at Gabriel.G.Wright@hud.gov or by phone 202.402.4471 So, what exactly is HUD contemplating acquiring? HUD seeks to retain the services of persons with at least five years of experience applying the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and the ADA as they apply to housing and HUD-assisted facilities to assist in its investigations and litigation. As described more fully below, qualified persons will review design plans and related documents, take photographic documentation of on-site surveys of covered multifamily dwellings and/or other HUD-assisted facilities, provide written reports documenting their reviews and surveys, provide expert advice to HUD investigators and attorneys, and provide expert testimony in litigation, including depositions, affidavits, declarations, and trial. Qualified persons must have substantial knowledge of the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and the ADA as they apply to housing and HUD-assisted facilities. Experience applying Section 504 must include substantial knowledge of HUD's Section 504 regulation as it applies to housing and non-housing facilities, such as the minimum 5% requirements for accessible mobility and 2% sensory units for multifamily housing projects, alterations and substantial alterations, accessible unit dispersal requirements, and accessibility requirements applicable to other facilities utilized in the programs and activities of HUD recipients, such as homeless shelters, community facilities, and single-family housing. Qualified persons will have a deep knowledge of methodologies for remediating noncompliant properties, the estimated costs associated with such actions, and the impact of inaccessibility on persons with disabilities. BACKGROUND HUD investigates Fair Housing Act complaints (filed by individuals and the agency), files charges of discrimination, and refers cases to the Department of Justice, alleging that developers, architects, engineers, and others involved in designing and/or constructing covered multifamily dwellings may have violated the Fair Housing Act. HUD also investigates complaints, conducts compliance reviews, and files enforcement actions or refers matters to the Department of Justice alleging that recipients of federal financial assistance and public entities involved in the design, construction, and alteration of housing and other facilities may have violated Section 504 and/or the ADA. It seeks experts to assist HUD's investigators and attorneys during these investigations and in litigation. The expertise required includes at least 5 years of experience applying the Fair Housing Act's design and construction requirements, specified in the following: the Act, 42 U.S.C. § 3604(f)(3)(C)-(f)(7); HUD's regulations, 24 C.F.R. §§ 100.201, 100.201a, 100.205; HUD's Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472-9515 (Mar. 6, 1991) & the supplement thereto, 59 Fed. Reg. 33362-33368 (June 28, 1994); HUD's Fair Housing Act Design Manual, https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf; and the safe harbors specified at 24 C.F.R. § 100.205(e)(1). In addition, or alternatively, the expertise required includes at least 5 years of experience applying the physical accessibility requirements set forth in Section 504, 29 U.S.C. § 794, and the ADA, 42 U.S.C. § 12101 et seq., their implementing regulations, 24 C.F.R. Part 8; 28 C.F.R. Parts 35 and 36, and applicable architectural standards, including the Uniform Federal Accessibility Standards (UFAS), the 1991 ADA Standards, and the 2010 ADA Standards, as well as HUD's "Deeming Notice" at 79 FR 29671 (May 23, 2014). DEFINITIONS "Fair Housing Act's Design and Construction Requirements" means that in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, (i) the public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities; (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with disabilities using wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. See 42 U.S.C. § 3604(f)(3)(C). "Covered Multifamily Dwelling," for purposes of the Fair Housing Act, means buildings consisting of 4 or more units if such buildings have one or more elevators; and ground floor units in other buildings consisting of 4 or more units. See 42 U.S.C. § 3604(f)(7). "Multifamily Housing Project," for purposes of Section 504, means a project containing five or more dwelling units. See 24 C.F.R. § 8.3. "Facility," for purposes of Section 504 and the ADA, means "all or any portion of buildings, structures, sites, complexes, equipment, roads, walks, passageways, parking lots, rolling stock or other conveyances, or other real or personal property or interest in the property, including the site where the building, property, structure, or equipment is located." See 24 C.F.R. § 8.3; 28 C.F.R. § 35.104. "Uniform Federal Accessibility Standards" or "UFAS" means the accessibility standards required under HUD's Section 504 regulation and which is located at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas, as modified and/or scoped by HUD's Section 504 regulation at 24 C.F.R. Part 8. "2010 ADA Standards for Accessible Design" or the "2010 ADA Standards" means, as applicable to entities covered by Title II of the ADA, the accessibility standards located at 28 C.F.R. § 35.151 and the 2004 ADAAG at 36 C.F.R. Part 1191, Appendices B and D, and which are compiled at https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf. "1991 ADA Standards for Accessible Design" or "1991 ADA Standards" means, as applicable to entities covered by Title II of the ADA, the accessibility standards located at 28 C.F.R. Part 36, Appendix D (2019), and which are compiled at https://www.ada.gov/1991standards/1991standards-archive.html. "HUD's Deeming Notice" means the Notice entitled "Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities" that provides instructions for the use of an alternative accessibility standard, and which is published at 79 FR 29671 (May 23, 2014). Collectively, "physical accessibility requirements" means UFAS, the 1991 ADA Standards, the 2010 ADA Standards, and HUD's Deeming Notice. GENERAL DESCRIPTION OF WORK The expert will, to the extent directed by HUD: · Review design plans, as-built plans, and related documents for covered multifamily dwellings and other facilities to assess compliance with the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and/or the ADA, as applicable. · Travel to and survey covered multifamily dwellings and other facilities to assess compliance with the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and/or the ADA, as applicable. · Document surveys in detail by recording measurements of compliant and noncompliant features and by photographic means. · Prepare expert reports in accordance with deadlines established by HUD, as described below. · Provide advice to HUD investigators and lawyers on review of design plans, as-built plans, field conditions, estimated costs, potential retrofits, surveys, and expert reports. This may include interviews and other communication as part of the investigation and litigation. · Prepare for, attend, and testify at depositions, including meeting with HUD attorneys concerning expert report. · Prepare for and testify at trial, including meeting with HUD attorneys, reviewing expert reports, reviewing deposition transcripts, providing affidavits and declarations, and testifying at trial. Below are the characteristics of the qualified architect, engineer or other similar design and construction specialist: • Either: o Demonstrable knowledge of the Fair Housing Act's design and construction requirements, as described above and including: the Act, 42 U.S.C. § 3604(f)(3)(C)-(f)(7); HUD's regulations, 24 C.F.R. §§ 100.201, 100.201a, 100.205; HUD's Fair Housing Accessibility Guidelines, 56 Fed. Reg.9472-9515 (Mar. 6, 1991) & the supplement thereto, 59 Fed. Reg. 33362-33368 (June 28, 1994); HUD's Fair Housing Act Design Manual, https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf; and the safe harbors specified at 24 C.F.R. § 100.205(e)(1). o Demonstrable knowledge of the physical accessibility requirements of Section 504 and the ADA, as described above and including: Section 504, 29 U.S.C. § 794, and the ADA, 42 U.S.C. § 12101 et seq., their implementing regulations, 24 C.F.R. Part 8; 28 C.F.R. Parts 35 and 36, and applicable architectural standards, including the Uniform Federal Accessibility Standards (UFAS), the 1991 ADA Standards, and the 2010 ADA Standards, as well as HUD's "Deeming Notice" at 79 FR 29671 (May 23, 2014). • Either: o Experience providing consulting or expert services concerning the Fair Housing Act's design and construction requirements; surveying covered multifamily dwellings for compliance with the Fair Housing Act's design and construction requirements; providing plan review, construction review services or due diligence surveys for covered multifamily dwellings concerning their compliance with the Fair Housing Act's design and construction requirements; preparing expert or consultant reports about covered multifamily dwellings' compliance with the Fair Housing Act's design and construction requirements; providing expert testimony on covered multifamily dwellings' compliance with the Fair Housing Act's design and construction requirements in litigation; formulating methods for remediation of noncompliant facilities; and/or estimating the costs associated with such actions. o Experience providing consulting or expert services concerning the physical accessibility requirements of Section 504, HUD's Section 504 regulation, UFAS, the ADA, the 2010 ADA Standards, and the 1991 ADA Standards; surveying multifamily housing projects and facilities for compliance with the physical accessibility requirements of Section 504 and the ADA; providing plan review, construction review services or due diligence surveys for multifamily housing projects and facilities concerning their compliance with the physical accessibility requirements of Section 504 and the ADA; preparing expert or consultant reports about multifamily housing projects and facilities concerning their compliance with the physical accessibility requirements of Section 504 and the ADA; and/or providing expert testimony on multifamily housing projects and facilities concerning their compliance with the physical accessibility requirements of Section 504 and the ADA in litigation. Qualified persons will require a deep understanding of: ? The requirements for ensuring program accessibility in existing facilities, making alterations and substantial alterations in compliance with accessibility standards, and designing and constructing newly constructed facilities to comply with physical accessibility requirements; ? The requirements of HUD's Section 504 regulation as it applies to housing and non-housing facilities, such as the minimum 5% requirements for accessible mobility and 2% sensory units for multifamily housing projects, accessible unit dispersal requirements, and accessibility requirements for other facilities utilized in the programs and activities of HUD recipients, such as homeless shelters, community facilities, and single-family housing; ? The difference between the different applicable architectural standards and how to comply with multiple standards; ? The difference between the obligation to make reasonable accommodations, reasonable modifications, and other adjustments, and program accessibility requirements applicable to all existing facilities; and ? The methodologies for remediating noncompliant facilities, the estimated costs associated with such actions, and the impact of inaccessibility on persons with disabilities. • At least five years of documented experience conducting on-site surveys of housing or other facilities to determine and document compliance and noncompliance with the above-specified federal accessibility requirements. • At least five years of experience as an architect, engineer or other similar design and construction specialist. • Demonstrated skills in oral and written communication. • Demonstrated ability to work within short time frames, as necessitated by investigation and litigation deadlines. CONTEMPLATED PERFORMANCE METRICS Performance will be assessed based on the ability to comply with deadlines, the level of detail and accuracy provided in survey documentation and survey reports, the extent to which written reports clearly communicate findings of noncompliance, and the extent to which the person's findings are consistent with applicable legal requirements. Findings should be 100% consistent with the applicable federal accessibility requirements. One hundred percent of deadlines for work product specified by HUD contacts shall be met unless the HUD contact grants an extension of the deadline. Written reports should be 99% free of grammatical and spelling errors. CONTEMPLATED REPORT REQUIREMENTS The qualified architect, engineer or other similar design and construction specialist shall prepare an expert report describing his/her review of design plans and survey of property(ies) and detailing observations and opinions regarding compliance with the Fair Housing Act's design and construction requirements and/or the physical accessibility requirements of Section 504 and/or the ADA. As needed and as directed, the report may also contain a feasibility analysis of potential retrofits and cost estimates for such retrofits. The report will be substantiated by notations and photographs taken to document the on-site surveys conducted. CONTEMPLATED MAGNITUDE OF THE PROJECT The magnitude of the project will depend on the number of hours that must be worked to complete assigned tasks which will, in turn, depend on the size and extent of the plans to be reviewed and the multifamily housing and other facilities to be surveyed. CONTEMPLATED PLACE OF PERFORMANCE Work may be required throughout the United States. RESPONSE REQUESTED Small Businesses are encouraged to respond. This synopsis is a market research tool being used to determine the availability and capability of potential sources prior to determining the method of acquisition and whether the government will proceed with this acquisition. The Government will not pay for any information solicited. If a contract is ultimately pursued, responses to this synopsis will be used to aid in determining whether the acquisition is set-aside for small business or in establishing small business subcontracting goals. All qualified firms are encouraged to respond. The capability statement shall address, at a minimum, the following for the past five years: If your organization has the potential capacity to perform these contract services, please provide the following information: 1) organization name, address, email address, website address, telephone number, and size and type of ownership for the organization and if any, GSA Schedule number; and 2) tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability. If significant subcontracting or teaming is anticipated in order to deliver technical capability, organizations should address the administrative and management structure of such arrangements. The government will evaluate market information to ascertain potential market capacity to 1) provide services consistent in scope and scale with those described in this notice and otherwise anticipated; 2) secure and apply the full range of corporate financial, human capital, and technical resources required to successfully perform similar requirements; 3) implement a successful project management plan that includes: compliance with program schedules; cost containment; meeting and tracking performance; hiring and retention of personnel and risk mitigation; and 4) provide services under a performance based service acquisition contract. Past Performance. Your capability statement needs to include a list of three customers (Government/non-Government) within the past three (3) years highlighting similar work in nature, scope, complexity, and difficulty and a brief description of the scope of work. Your submission for relevant past performance must include for each customer: • Contract name; • Contracting Agency or Department, POC and contact information; • Yearly contract value (in $); • Whether your firm was the prime or a subcontractor; • Period of performance; • Description of work and how it relates to the requirements. Interested firms responding to this market survey must provide a capability statement demonstrating their experience, skills and capability to fulfill the Government's requirements for the above. The capability statement shall be in sufficient enough detail, but not exceed __ pages TOTAL, so that the Government can determine the experience and capability of your firm to provide the requirements above. Please specify one primary and one alternate Point of Contact (POC) within your firm, including telephone numbers and email addresses in case clarifications of your submission are needed. Only electronic copies of capability statements will be accepted and should be emailed to: Gabriel.G.Wright@hud.gov. The e-mail shall contain the following subject line: Response to Sources Sought Notice - Architect Expert Witness Services Requirement. The Government may use the responses received to determine whether to proceed with the acquisition as a set-aside, or in the absence of a least two small business responses to this notice, may determine to proceed with a full and open competition. This decision and whether to proceed with the acquisition is at the sole discretion of the Government. All interested contractors should submit their capability statements by TIME 10:00 AM; EST on DATE July 16, 2019, attention POC Gabriel Wright. Late responses will not be considered.