Architectural Review and Expert Witness Services

Sources Sought Synopsis The Department of Housing and Urban Development (HUD) is issuing this sources sought synopsis as a means of conducting market research to identify parties having an interest in and the resources to support this requirement for Architectural Review and Expert Witness Services The result of this market research will contribute to determining the method of procurement. The applicable North American Industry Classification System (NAICS) code assigned to this procurement is 541310 Architectural Services 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 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. 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 notice/market research, 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 March 9, 2021 @ 10:00am EST. All responses under this Sources Sought Notice must be emailed to Gabriel Wright at 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 Background: HUD investigates Fair Housing Act complaints (filed by individuals and the agency), files charges of discrimination, litigates matters before administrative law judges, 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 HUDs investigators and attorneys during these investigations and in litigation. The expertise required includes at least 5 years of experience applying the Fair Housing Acts design and construction requirements, specified in the following: the Act, 42 U.S.C. 3604(f)(3)(C)-(f)(7); HUDs regulations, 24 C.F.R. 100.201, 100.201a, 100.205; HUDs Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472-9515 (Mar. 6, 1991) & the supplement thereto, 59 Fed. Reg. 33362-33368 (June 28, 1994); HUDs 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 HUDs "Deeming Notice at 79 FR 29671 (May 23, 2014). General Description of Work: Provide Expert Witness Testimony & Litigation Support Conduct Compliance Reviews Conduct Onsite Reviews Design and Construction Accessibility Compliance Review Services Performance Reporting Quality Assurance Measurement Standards: Document Surveys in Detail Prepare for, Attend and Testify at Depositions: The tasks require a set of skill categories based on the following approximate breakdown: The Department of Housing and Urban Development (HUD) is 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 Acts 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 HUDs "Deeming Notice, 79 Fed. Reg. 29671 (May 23, 2014). Contemplated performance metrics: Quality and timeliness Contemplated report requirements: Performance Requirement Summary (PRS) Statements Standards/AQLs Incentive/Remedy 5.1 Provide Expert Architect Services a) Attend trial and provide requested testimony within deadlines specified by the trial court 100% of the time. AQL: Zero Deviation. Statements Standards/AQLs Incentive/Remedy 5.2 Provide Expert Witness Testimony & Litigation Support a) Attend trial and provide requested testimony within deadlines specified by the trial court 100% of the time. AQL: Zero Deviation. 5.2.1 Pre-Trial Reports a) Submit the deliverable the COR, via email, within 30 days after request AQL: AQL: 5 days deviation from the standards. A $500 reduction per calendar day the deliverable is over-due. 5.2.2 Provide Expert Testimony at Trial a) Attend trial and provide requested testimony within deadlines specified by the trial court 100% of the time. AQL: Zero Deviation. A $2500 reduction for missed trial dates. Statements Standards/AQLs Incentive/Remedy 5.3 Conduct Compliance Reviews a) Submit the deliverable the COR, via email, within 30 days after request AQL: AQL: 5 days deviation from the standards. A $500 reduction per calendar day the deliverable is over-due. Statements Standards/AQLs Incentive/Remedy 5.4 Conduct Onsite Reviews a) Submit the deliverable the COR, via email, within 30 days after request AQL: AQL: 5 days deviation from the standards. A $500 reduction per calendar day the deliverable is over-due. Statements Standards/AQLs Incentive/Remedy 5.5 Design and Construction a) Submit the deliverable the COR, via email, within 30 days after request AQL: AQL: 5 days deviation from the standards. A $500 reduction per calendar day the deliverable is over-due. Statements Standards/AQLs Incentive/Remedy 5.6 Performance Reporting a) Submit a monthly performance report to the COR via email on the last business day of each month AQL: AQL: 5 days deviation from the standards. A $500 reduction per calendar day the deliverable is over-due. Contemplated place of performance: Contractor's site