DEPARTMENT OF HOUSING
Government of Puerto Rico
REQUEST FOR PROPOSAL FOR PROFESSIONAL PROGRAM
MANAGEMENT SERVICES
SHELTERING AND TEMPORARY ESSENTIAL POWER (STEP)
PILOT PROGRAM

DOH-RFP-17-18-02

November, 2017

 Table of Contents
I.

BACKGROUND AND PURPOSE OF REQUEST FOR PROPOSALS
(RFP)..........................................................................................................................3-4

II.

DEFINITIONS……………………....................................................................................5

III.

SCOPE OF SERVICES…...............................................................................................6

IV.

EVALUATION CRITERIA ………....................................................................................8

V.

PROCUREMENT AND AWARD PROCESS………………………………………...……...11

VI.

INSTRUCTIONS TO RESPONDENT FOR PROPOSAL PREPARATION ………...………..18

VII.

GENERAL REQUIREMENTS …………………………………………………………………21

VIII.

TYPE OF CONTRACT, COMPENSATION AND ADDITIONAL SERVICES……………..25

IX.

INSURANCE REQUIREMENTS………………………………………………………………26

X.

SPECIAL PROVISIONS………………………………………………………………………28

ATTACHMENT SECTION:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Attachment L
Attachment M
Attachment N
Attachment O
Exhibit I

Schedule of Addenda
Non-Collusive Affidavits
Conflict of Interest Certification
Limited Denial of Participation (LDP)/Suspension or Debarment
Status Certification
Certification of Respondent’s Prior Performance
Authorization for Background and/or Financial Information
Listing of Services Performed
Listing of Personnel and subcontractors
Sworn Statement under Law No. 458 of December 29, 2000, as
amended
Proposal Fee
Certification Statement
FEMA Guidance
Right of Entry
Punch List
Cost Form
DV-OSPA-78-5

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 I.

BACKGROUND AND PURPOSE OF REQUEST FOR PROPOSAL (RFP)

On September 20, 2017, Hurricane María slammed Puerto Rico causing catastrophic islandwide damages, knocking out power and telecommunications for the entire island and its
municipalities. Hurricane María’s 150 mph winds leveled tens of thousands of homes, caused
major landslides and downed the vast majority of electrical distribution lines. Most roads
were at least temporarily blocked off by fallen trees and power poles, while
telecommunication towers were toppled or destroyed. This massive storm, the strongest in
the modern history of Puerto Rico, has triggered a potential humanitarian crisis for 3.5 million
US citizens in Puerto Rico.
Although the exact scope of the long-term housing needs following this disaster is not yet
known, it is clear Hurricane Irma and María caused severe impacts on housing stock in
Puerto Rico.
In response to this major disaster, the Governor of Puerto Rico issued Executive Order Number
OE-2017-047, declaring a state of emergency in Puerto Rico.
Additionally, on September 21, 2017, President Trump issued a Major Disaster Declaration for
Puerto Rico, ordering federal assistance to supplement the Government of Puerto Rico’s
(GPR’s) recovery efforts and authorizing federal funding for emergency works in all 78
municipalities of our island, in order to begin to recover from the effects of this catastrophic
disaster.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. § 5121 et seq., was enacted for the purposes of providing an orderly
and continuing means of assistance by the Federal Government to DOH and local
governments in carrying out their responsibilities to alleviate the suffering and damage which
result from disasters.
The GPR, through the Department of Housing (DOH), desires to offer people displaced from
their properties an option to return to their homes so they can shelter at their own home.
FEMA is authorizing Public Assistance funding under Section 403 of Stafford Act for a
Sheltering and Temporary Essential Power (STEP) Pilot Program to enable the Commonwealth
to perform minor emergency repairs in single-family owner-occupied residences. DOH is
requiring qualified contractors to repair single-family owner occupied properties so they can
become habitable as Shelters. Because of the number of displaced individuals, and the
ensuing temporary housing crisis, as well as the large number of people remaining in their
homes without adequate utility service, work under this procurement must be able to start
immediately.
DOH will contract directly with several construction firms capable of delivering minor, critical
services on a large scale and that possess or can obtain the resources required to deliver in
an expedited manner.

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 Simultaneously, the DOH will contract with a firm to provide Program Management support
to the DOH to help manage and control this effort. If a respondent is selected for the
Program Management contract under this RFP, the respondent, or a related entity, will not
be considered for a repair services contract. The DOH may designate an Oversight
Manager to manage and coordinate all activities related to the grants allocated to the
DOH for the FEMA-4336-DR-PR and FEMA-4339-DR-PR.
DOH anticipates receiving applications with approximately 75,000 homes eligible for repair,
but there is no guarantee of the total number of units to be served, as ability to estimate at
this point in time is extremely limited. Work under these contracts will be generally consistent
with conducting emergency disaster operations pursuant to the Stafford Act, as amended.
Because of the number of displaced individuals, and the ensuing temporary crisis, as well as
the large number of people remaining in their homes without adequate utility service, work
under this procurement must be able to start immediately.
STEP focuses only on single-family owner occupied residential properties including duplexes
and townhouses which can be quickly made habitable allowing individuals to return to their
dwellings to shelter in place. STEP is not a comprehensive repair program and will not result
in the complete restoration of the dwelling. The measures taken through STEP are designed
to halt the progression of deterioration of the dwelling as the result of the effects of
Hurricanes Irma and Maria and provide minimal steps necessary to render the dwelling safe
and sanitary to the extent possible. If a home cannot be made safe and habitable for shelter
purposes for less than $20,000, that property is not eligible for STEP assistance. This program
reduces the demand for costlier shelter options and allows individuals to return to their
homes to commence restoration works on them.
The Contractor retained through this RFP will be responsible for determining the eligibility of
applicants pursuant to the GPR’s STEP program guidelines, as may be amended and
providing overall project management of the STEP measures performed by the STEP
Contractors.

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 II.

DEFINITIONS

Addendum - shall mean the written documents issued by the DOH to revise, amend or otherwise
modify this RFP.
Evaluation Committee - shall mean the qualified technical review committee appointed by the
DOH to evaluate the Proposals submitted by Respondents.
Respondent - shall mean the individual or legal entity that responds to this RFP. Vendor is being
used interchangeably with Respondent.
Responsible Respondent – shall be able to comply with required or proposed delivery or
performance schedule; has a satisfactory performance record; has a satisfactory record of
integrity and business ethics, has the necessary organization, experience, accounting and
operational controls, and technical skills, or the ability to obtain them in order to start
immediately; has the necessary equipment and facilities, or the ability to obtain them in order to
start immediately; and is otherwise qualified and eligible to receive an award under applicable
laws and regulations, including the fact that the Respondent is not suspended or under a FEMAimposed Limited Denial of Participation.
Responsive Respondent - shall mean a respondent whose proposal conforms exactly to the
requirements in the RFP.

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 III.

SCOPE OF SERVICES

The Contractor will:


Coordinate with FEMA, GPR’s agencies, local governments and other stakeholders for
appropriate venues and opportunities to conduct outreach and accept applications for
assistance and to provide mobile application intake services at such locations and
events;



Provide web-based application outreach and intake services; the GPR may provide an
established website or portal for this purpose; Contractor will be responsible for
integration with any previously established intake system and its data;



For any information system, URLs, documentation, and technical assets established in the
performance of this contract, all rights and licenses to the systems, and all data
contained within the systems, shall belong to the GPR and be transferred to the GPR
upon contract completion;



Provide local and bilingual (Spanish/English) call center services for impacted citizens to
communicate regarding the STEP program; the contractor may establish the call center
number(s); if the Contractor establishes the call center numbers, all rights for use of said
numbers shall belong to the GPR; if the Contractor establishes a Post Office Box, all rights
for use of the P.O. Box shall belong to the GPR;



Process applications and verify applicants’ eligibility in compliance with the GPR’s STEP
program guidelines and the Sheltering and Temporary Essential Power (STEP) Pilot
Program Guidance for FEMA 4336 Irma and FEMA 4339 María- (Attachment L), as may
be amended and as limited by the GPR’s program guidelines and contract scope of
work;



Collect and store all information in compliance with the GPR Information Security Policy



Perform inspections of damaged property to verify and document damages, eligibility
of property and scope of STEP measures to be performed on the dwelling and
applicant’s selection of small appliance(s) in compliance with the GPR’s STEP program
guidelines and the Sheltering and Temporary Essential Power (STEP) Pilot Program
Guidance for FEMA 4336 and 4339( Attachment L), as may be amended; The checklist
that will be used for purposes of this inspection is attached as Attachment N, subject to
amendment.



Have the homeowner sign a Right of Entry form prior to execution of any inspection or
repair work in the home.



Identify any duplicate financial assistance, if any, prohibited by the Stafford Act;

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 

Ensure appropriate environmental review and release has been performed by the entity
performing those services;



Execute STEP agreement, right of access and indemnification form, information
disclosure authorization, subrogation agreement and associated documents;



Create and utilize a comprehensive information management system; the GPR may
require use of systems already owned by or available to the GPR; in the event that the
Contractor establishes the system, the license for such system shall be assignable to the
GPR at its option;



Assign projects to STEP contractors in a way that maximizes efficiency of delivery of
services;



Track progress of work on individual home repair projects, in accordance with the
Sheltering and Temporary Essential Power (STEP) Pilot Program Guidance for FEMA;
ensuring projects remain on schedule, in compliance, and within budget and scope;



Ensure contractors handle debris in compliance with FEMA policy;



Ensure all work completed by STEP repair contractors in furtherance of this project is
performed in compliance with prevailing wage rates.



Conduct a final inspection within three (3) days of notification by contractors that work is
complete on individual home repair projects and certify that repairs are in compliance
with program guidelines and that the dwelling is safe for sheltering;



Process contractor payment requests in compliance with the GPR’s STEP program
guidelines;



Track overall performance of contractors’ conducting repairs for quality, timeliness,
completeness, and constituent complaints;



Manage and resolve constituent complaints and contractor disputes;



Provide program reporting services as may be required by the GPR regarding status of
program activities;



Provide customer service and communication services so that applicants can inquire
about the status of their individual files; All publicly accessible systems shall maintain a
99.9% uptime over a contiguous 30-day window; Contractor shall provide the GPR with
call center, application, and system performance metrics weekly and upon request; and



Create written policy and process documents for the STEP program and the above
described tasks, as well as for quality control, anti-fraud waste and abuse, and
duplication of benefits.



Create, manage and implement an outreach campaign, taking over the campaign
designed by the DOH.

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 IV. EVALUATION CRITERIA

The Evaluation Committee will evaluate each proposal based on the criteria listed below.
Points
Available

Criteria
Experience and Capacity of the Respondent

20

Key Staff’s and Full Time Personnel Qualifications

15

Project Approach

20

Past Performance of Key staff and Respondent

20

Cost
TOTAL
Bonus
TOTAL PLUS BONUS

4.1 EXPERIENCE OF THE FIRM:

25
100
10
110

MAXIMUM: 20 POINTS

Experience and capability of the firm in providing Services in the housing industry similar to those
described in this RFP; experience of completed projects with similar size and approximate dollar
value as the one identified in this RFP; how long the firm has been in operation; references
provided by previous clients; and their familiarity with FEMA programs and regulatory
requirements including personnel that may be experienced with aspects of similar rehabilitation
projects.
The Program Management Firm shall demonstrate capability to provide the staffing with the
qualifications required in this Request for Proposals throughout the term of the contract resulting
from this solicitation; capability to interact with equipment and software requirements of the
DOH; capability of the central office to provide support with knowledge and resources to the
on-site personnel.
4.2 KEY STAFF’S AND FULL TIME PERSONNEL QUALIFICATIONS :

MAXIMUM: 15 POINTS

Experience of Key Staff as requested and their capability of satisfying aspects indicated. The
Respondent shall submit all information, including an organizational chart identifying team
members and flow of authority, along with all résumés of major participants. The résumés
submitted by the Program Management Firm shall emphasize the experience of Key Staff,
consultants, new hires or other members of the Program Management Firm with the project
management and project inspection housing rehabilitation, residential development or federal
housing projects; experience of staff in construction scheduling and cost control; experience of
staff in estimating construction costs; experience and capability of staff with all regulatory
compliance, accessibility regulations, requirements for shelter projects, displaced person
relocation and quality control systems. The firm shall be a GSA Certified.
i.

A description of all of the Program Management Firm’s staff (including names,

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 titles, résumés and job descriptions) that will be assigned to the project.
ii.

A description of all Program Management Firm subcontractors (including names,
titles, résumés and job descriptions) that will be assigned to the project.

iii. An organizational chart describing the relationships between all of the Program
Management staff and subcontractors.
4.3 Project Approach

Maximum: 20 POINTS

The Program Management Firm must provide a detailed Project Approach describing the work
required to implement each aspect of the scope required under this RFP. At a minimum, the
Project Approach must include:
a)

Contract Administration Plan

The Program Management Firm must prepare a Contract Administration Plan that clearly
describes how the Program Management Firm will administer each of the contracts under their
control to ensure timely performance and compliance with all aspects of each contract. (Refer
to Scope of Work) Section III.
b)

Work Phases

The Program Management Firm must provide 7 Phases to complete their work:
Phase 1: Deployment
Phase 2: Outreach
Phase 3: Participant Registration and Eligibility
Phase 4: Construction Task Order Assignment
Phase 5: Site Visit
Phase 6: Task Order Project Management
Phase 7: Close Out
4.4 PAST PERFORMANCE OF KEY STAFF AND RESPONDENT:

MAXIMUM: 20 POINTS

The Program Management Firm shall demonstrate successful past performance (such as timely
completion of work, minimal change orders and good references) in providing services similar to
those being requested herein.
4.5

COST:

MAXIMUM: 25 POINTS

Cost proposals for all respondents will be evaluated and an absolute score calculated. Points will
be assigned for cost using a calculation-based evaluation process based on the total costs from
the pricing submitted by each respondent.
Hourly Fee Basis for Labor
The Respondent shall use Attachment O, Cost Form, to provide the hourly rate by labor
classification to provide the services described within Exhibit A: Scope of Services. The
Respondent should anticipate that personnel will work a maximum of 40 hours per week onsite
to complete the assigned tasks. Any hours above 40 per week will paid at the same agreedupon hourly rate listed in Attachment O, Cost Form.

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 Unit-Based Services
The Respondent shall provide the proposed rates for each unit price task listed on Attachment
O, Cost Form. The proposed rates shall be inclusive of all fees required to provide the service.
Cost responses for all respondents will be evaluated and an absolute score calculated. Points
will be assigned for cost using a calculation-based evaluation process based on the total costs
from the pricing submitted by each respondent.
The lowest response will receive 100% of the available points for the cost component.
Remaining responses will receive points based on application of the following formula:
Points per Component = (Cost of Lowest Cost Response for the cost component / Cost of
Response Being Evaluated for the cost component) * maximum points available for the cost
component
Scores for the two components will be added together to determine the total Cost Response
Score.
4.6

BONUS:

10 POINTS

Due to the aggressive timeline, the geographical challenges and the local construction
practices, the DOH shall give a 10 points bonus to local Respondents or to Foreign
Respondents (Out of state Respondents) with a Joint Venture with a local Respondent.

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 V. PROCUREMENT AND AWARD PROCESS

Below is the summary chart of the RFP Schedule:
Event

Completion Date

Advertise / Formally Issue RFP

Tuesday, November 7, 2017 10:00 a.m.
thru Monday, November 13, 2017

Respondent Proposals Due

Friday, November 17, 2017 4:00 p.m.

The DOH reserves the right to modify this schedule at the DOH discretion via Addendum. Proper
notification of changes in the response due date will be made to all interested Respondents by
e-mail.
The time periods described in any of the instructions in this solicitation shall be considered
consecutive calendar days.
5.1 Amendments to the RFP Package
Addenda and/or amendments, if necessary, shall be sent by certified mail, return receipt
request, and/or by fax, to all respondents that have purchased the RFP solicitation materials. It is
the responsibility of the respondent to ensure that it has received copies of any addenda prior to
proposal submission.
5.2 Confidentiality of Proposals
The DOH shall have no obligation to treat any information submitted in connection with a
Proposal as proprietary or confidential unless (i) the Respondent so identifies such information in
its Proposal as proprietary or confidential, and (ii) the DOH determines that the information is
proprietary or a trade secret and legitimately requires such treatment or that it must otherwise
be protected from publication according to law. The DOH obligations with respect to
protection and disclosure of such information shall at all times be subject to applicable law. If
the Respondent desires to identify any information in its Proposal as proprietary or confidential, it
shall limit such designation to only those particular portions of the Proposal that actually
constitute proprietary information, trade secrets, or other confidential matters or data.
Identification of the entire Proposal or entire sections of the Proposal or other overly broad
designations as confidential or proprietary are strongly discouraged.
The DOH shall have the right to use all portions of the Proposal, other than those portions
identified and marked as confidential or proprietary, as it considers necessary or desirable in
connection with this RFP; and, by the submission of the Proposal, the Respondent thereby grants
to the DOH an unrestricted license to use such unrestricted portions of the Proposal.
5.3

Deadline for Submission of Proposals

The Proposal(s) will be accepted no later than the time and date set forth below, as the same
may be amended from time to time via Addendum.

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 Date:

November 17, 2017

Time:

Until 4:00 p.m. (Local Time)

Place: Procurement Office
6th floor of the Department of Housing,
Avenida Barbosa 606,
Edificio Juan C. Cordero
San Juan, Puerto Rico
Attention: Ms. Abigail Romero
Purchase Officer
Proposals must be hand-delivered at the above-mentioned date, time and address. Proposals
sent via fax shall be automatically rejected. Proponents are cautioned to use whatever delivery
system is necessary to deliver the proposals to the DOH Procurement Office. The DOH will not be
responsible for any document that may be delivered to in any other place than that indicated
herein. Any amendments to proposal must be received before the specified due date and time
established for the delivery of the original proposal. Any proposal received after this date and
time will not be considered and will be returned unopened to the respondent.
By submitting a proposal, the respondent agrees, if the proposal is accepted, to enter into a
contract with the DOH, for the agreed contract price, and within the contract time indicated in
the RFP solicitation materials.
The respondent also accepts all terms and conditions of this RFP and any amendment thereof.
The respondent’s accepted proposal and any additional information submitted by the
respondent, together with this RFP and any addenda thereto will form part of the contract
awarded.
5.4 Receipt of Proposals
Proposals will be dated and time stamped immediately upon receipt at the DOH Procurement
Office as evidence of timely delivery. Proposals will not be opened publicly, for they may
contain privileged or confidential information. Only Proposals received before the established
deadline will be considered and evaluated.
DOH Procurement Office will open the Proposals received and shall perform an initial review to
determine that:
(i) each Proposal has been submitted in accordance with the requirements of this RFP;
(ii) each Proposal is complete, and
(iii) all required documentation was included with the Proposal.
5.5 Correction of minor Deficiencies; Waiver of Minor Informalities
The DOH reserves the right to disqualify the Respondent from further consideration if there are
substantial information defects in the Proposal. It also reserves the right to allow the Respondent
to correct minor deficiencies during any discussions/negotiations processes that may allow the
initial evaluation of the offers submitted.

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 The DOH may waive minor informalities or allow the Respondent to correct them. These minor
informalities can be waived or corrected without prejudice to the other Respondents and have
no effect on price, quantity, quality, delivery or contractual conditions.
If the participants did not submit the minimum required documents with the proposals (except
for the proposal-bond), they must submit it within one (1) working day of receiving the
notification. Failure to submit the documents by said date may render the participant nonresponsive.
Once the Procurement Office has completed its review, all Proposals, except those disqualified
for significant informational defects, will be referred to the Evaluation Committee.
5.6

Evaluation of Proposals

An Evaluation Committee will evaluate and rank all Proposals (and/or BAFOs) received from the
Procurement Office, based on a technical standpoint, according to the Evaluation Criteria set
forth in Section 4, above. The Evaluation Committee will assign each Proposal a numerical score
corresponding to the result of the evaluation of the Proposal based on the Evaluation Criteria.
Factors not specified in the RFP shall not be considered.
If the Evaluation Committee determines that a Proposal is significantly deficient as to the
documentation required hereunder, it will not review said Proposal, but will refer it to the
Procurement Office for possible disqualification, therefore allowing the Evaluation Committee to
consider only substantially complete Proposals.
At the same time the Evaluation Committee is evaluating the technical proposal, the
Procurement Staff will be evaluating the price proposal.
a) Competitive Range
Once the Evaluation Committee has completed the technical scoring, they shall determine
which proponents will be considered in the Competitive Range and will have a reasonable
chance of award, price and other factors considered.
The Evaluation Committee shall then prepare a written evaluation report to document the
ranking of the Proposals by technical merit. The Evaluation Committee Report will be submitted
to the Bids Board Secretary.
At DOH discretion, DOH may negotiate with Respondents determined to be within the
competitive range and/or may request best and final offers (“BAFOs”) from such Respondents.
5.7 Award Process
Award will be made to the responsible and responsive Respondent whose Proposal represents
the best value to the DOH, taking all elements (including price and technical score) into
consideration. Award will be made at fair and reasonable prices only.
A responsible Respondent is able to comply with the required or proposed delivery or
performance schedule; has a satisfactory performance record; has a satisfactory record of
integrity and business ethics; has the necessary organization, experience, accounting and
operational controls, and technical skills, or the ability to obtain them in order to start
immediately.

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 5.7.1 Minimum Requirements: The following requirements define a responsible Respondent, and
must be satisfied for a Respondent to be eligible for award:
a) Respondent shall demonstrate that it has adequate financial resources to perform the
services under the Agreement, and provide an unencumbered line of credit of a
minimum of $35,000,000.00 with an FDIC insured financial institution. The Respondent shall
provide financial (including audited financial statements and balance sheets), and
information concerning existing lines of credit and account balances, sufficient to
demonstrate the Respondent’s financial capacity to undertake the services under the
Agreement.
Failure to demonstrate compliance with any of the abovementioned requirements shall result in
rejection of the Proposal without further consideration.
5.7.2

General Requirements:

b) Ability to obtain required insurance with coverage values that meet minimum
requirements evidenced by a letter from an underwriter confirming that the Respondent
can be insured for the required amount.
c) Evidence that the human and physical resources proposed are sufficient to perform the
contract as specified and assure the level of service required.
d) Evidence that the Respondent possesses the qualifications and experience necessary to
perform adequately and meet contract requirements. Evidence should be based on
past performance and references.
Failure to demonstrate compliance with any of the abovementioned requirements may result in
rejection of the Proposal without further consideration.
If the Procurement Office is satisfied with the Price offer of the top-ranked Proponent, it will
recommend to the Bids Board Secretary that a contract be awarded to that Proponent.
Both the award of the contract and the challenge of the same will be ruled by the Department
of Housing’s Bid Board.
5.8 Award without Negotiation
If, after the initial evaluation of Proposals, there is a clear winner, and there is no need to
negotiate or obtain further clarification or information from that Respondent (e.g., the price is
reasonable), the Bids Officer may proceed directly to award.
5.9 Award with Negotiations
If the Procurement Office is not satisfied with the Price offer of the Respondents in the
Competitive Range, it will recommend further discussions/negotiations. Negotiations are
exchanges (in either competitive or sole source environment) between the DOH and
Respondents that are under taken with the intent of allowing the Respondent to revise its
Proposal. The primary object of discussions is to maximize the DOH’s ability to obtain best value,
based on the requirements and the evaluation factors set forth in the RFP. Procurement Office
requests and receives best and final offer.

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 The Procurement Office will then prepare a report (Best Value) incorporating the Evaluation
Committee report and the price analysis. This report will be presented to the Bid Board Secretary.
The Bid Board Secretary will review the recommendations to ensure compliance with this RFP
and regulatory requirements and forward them to the Department of Housing Bid Board.
5.10 Notice for Selection
DOH will issue a written notice of selection to the successful Respondent(s) of record through
certified mail to the address provided as part of the Proposal (the “Notice of Selection”). The
Notice of Selection will establish the selected Respondent(s) obligation to submit any applicable
post-award documentation. The respondent to which a contract is awarded shall execute the
Contract within one (1) calendar day after the day of the Letter of Intent. Award may then be
made to the second choice respondent or the proposed services, may be re-advertised or
performed, as the DOH may decide.
5.11 Execution of Agreements
The DOH will seek to execute a Service Agreement with the selected Respondent(s). If
agreement cannot be reached, the DOH may terminate negotiations with the selected
Respondent(s) and proceed to the next highest rated Respondent until an agreement
determined to be fair and reasonable to both parties is reached.
No Proposal shall be binding upon the DOH until an Agreement has been executed. The DOH
reserves the right to issue press releases or public statements regarding the services under
contract. The DOH reserves the right to cancel the award of an Agreement at any time before
execution of the contract, without incurring any liability.
5.12

Request for Reconsideration; Judicial Review

Any protests or requests for reconsideration in relation to this RFP shall be ruled by the
Department of Housing’s Bid Review Board Regulations and Section 3.19 of Puerto Rico’s
Administrative Procedures Act, Law No. 38 of June 30, 2017, as amended. The motion for
reconsideration or judicial appeal, as the case may be, shall be notified to all Respondents of
record in compliance with the aforementioned regulatory requirements. An original and two
copies of the motion for reconsideration shall be filed to the Secretary of the Bids Review Board.
5.13

Rejection of Proposals

The DOH could reject a proposal if:
a) the Respondent failed to furnish any required security or to submit the data and
documents required in the RFP package, or if the Proposal is nonconforming, nonresponsive, incomplete, inadequate, conditional or irregular.
b) any Respondent that has an unsatisfactory performance record, as demonstrated by
past work performed for FEMA and the Department of Housing, specifically from the
standpoint of work quality and progress.
c) the respondent has uncompleted work which, in the judgment of the DOH, might hinder
or prevent the prompt completion of additional work, if awarded.

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 d) any of the Respondent’s previous agreements with FEMA, the DOH, and/or any other
public or private entity were declared in default.
e) there are unauthorized additions, conditional or alternate proposals or irregularities of
any kind which may tend to make the Proposal incomplete, indefinite, or ambiguous as
to its meaning.
f)

a Respondent submits more than one proposal under different names for the same
services. In the event that an individual, firm or corporation, under the same or different
names, submits more than one proposal for the same work, the respondent will be
disqualified and the proposals rejected.

g) the Proposal is submitted by an individual or legal entity that has not been registered
and who cannot demonstrate that they have acquired the RFP package. The Proposals
shall be submitted with the same individual or legal entity name under which the
package was obtained.
h) there is evidence of collusion among bidders. Respondents in such collusion will receive
no recognition as Respondents for any future work by the DOH until any such participant
has been reinstated as a qualified proponent.
DOH Options
Without limitation and in addition to other rights reserved by DOH in this RFP and when it is
determined to be in its best interest, the DOH reserves and holds, at its sole discretion, the
following rights and options:
a) To accept or reject any and all submittals, in whole or in part.
b) To enter into discussions with any Respondent and with more than one
Respondent at a time.
c) To waive or allow the Respondent to make changes during discussions of any
defects, informalities, irregularities, technicalities or inconsistencies in a Proposal.
d) To require additional information from one or more Respondents to supplement or
clarify the Proposals submitted.
e) To conduct further investigations with respect to the qualifications and
experience of each Respondent, either from the documents submitted in the RFP
or from other sources.
f)

To conduct further investigations regarding the technical and financial
qualifications of Respondents from any sources deemed necessary, which
sources might be other than those identified in the Proposal.

g) To visit and examine any of the projects referenced in the Proposals and other
owned, operated or built by the Respondent to observe and inspect such
facilities and their operations.
h) To cancel without prejudice, any selection of Respondents, before the execution
of the Agreements).

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 i)

To cancel this RFP in whole or in part, at any time, with or without substitution of
another RFP, if such cancellation is determined to be in the best interest of DOH.

To take any action affecting the RFP process, or the subject matter of this RFP, that would be in
the best interests of DOH.

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 VI. INSTRUCTION TO RESPONDENTS FOR PROPOSAL PREPARATION

By responding to this RFP, Respondents acknowledge and consent to the following conditions
relative to the procurement process. DOH is not bound to accept any proposals if Respondents
do not meet DOH’s requirements.
6.1 Proposal Response Format
1. Proposals shall be printed in English, two sides, double-spaced, 12-point Times New
Roman font and 1” standard margins in a 3-inch binder. The Respondent must submit
the original Proposal signed in blue ink and three (3) copies of the Technical Proposal.
Please do not submit documents in sheet protector.
2. The Proposal consists of two parts: Technical Proposal and Cost Proposal, and each
section must be submitted in a separate sealed envelope or container. Both sections
of the Proposal shall be identified with the Respondent’s name, address, telephone
and fax numbers, and the date and time for the official submittal of the Proposals.
i. The first part will include the Technical Proposal.
ii. The second part will include the Cost Proposal, the original and one copy. The
Proposal must include a statement that will detail the cost for the services. In this part
you must include the Financial Statements.
3. Proposals are to be prepared on standard 8-1/2” x 11” paper. Foldouts containing
charts, spreadsheets, and oversize exhibits are permissible. The pages should be
placed in a binder with tabs separating the sections of the Proposal. Manuals and
other reference documentation shall be bound in the same first part binder.
4. Figures and tables must be numbered and referenced in the text by that number. They
should be placed as close as possible to the referencing text.
6.2 General Instructions
1.

All Proposals must be presented on the form provided by the DOH and submitted in
accordance with this RFP.

2.

Only persons and entities who have purchased the RFP package as provided
hereunder may present Proposals for determination of qualification hereunder.

3.

All Proposals received after the Proposal Due Date shall be recorded as a “late
Proposal” and retained unopened in the DOH’s procurement file for this RFP.

4.

Respondent and the DOH understand that these Proposals will be kept confidential
until the selection process is completed. In order for the DOH to treat specific
documents, pricing or any other information (financial statements) pertaining to a
Respondent’s business as confidential, the Respondent is required to make the
appropriate designation of such documents at the top and bottom of each page

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 and they must be submitted in a separate sealed envelope identified as
“CONFIDENTIAL”.
5. Respondent should be aware that identifying a document as "confidential" or
"proprietary" in a final bid will not keep that document from being released after
notice of intent to award as part of the public record, unless a court with jurisdiction
has ordered the DOH not to release the document or the information had been
specifically designated as confidential by Law or regulation.
6. The Proposal Package shall include all attachments requested in this RFP.
7. The Proposal shall be properly executed by an authorized representative of the
Respondent. In order to constitute proper execution, the Proposal shall be in strict
compliance with the following:
a) Partnerships: Proposals submitted by a partnership shall be signed on the
partnership’s behalf by at least one general partner or by an authorized
representative of the partnership. If the Proposal is signed by an authorized
representative, a power of attorney, dated and executed by all partners of
the Respondent, shall be attached to the Proposal as evidence of the
representative’s authority to sign the Proposal and to bind the Respondent
thereto.
b) Corporations: Proposals submitted by corporations shall state the correct
name of the corporation and must be signed by an authorized officer, whose
authority to bind the corporation must be evidenced by the corresponding
corporate resolution. The title or position occupied by the corporate officer
executing the Proposal shall appear below the signature.
c) Joint Venture: Proposals submitted by a joint venture shall be signed by all
members of the joint venture. If the Proposal is signed by only one member of
the joint venture entity, the Proposal shall be accompanied with a copy of
the joint venture agreement evidencing that the Proposal is signed by a
member with authority to bind the joint venture. The joint venture agreement
shall be executed before the date and time specified for proposal submission.
8. Respondents shall consider all matters included in this RFP package and any
amendments thereof in the preparation of their Proposals. It is the Respondent’s
responsibility to ensure that the Proposal complies with all federal, state and local
requirements applicable to the RFP. The Proposal shall provide for the performance
of all services required under the RFP.
9. The DOH will not allow any modification, withdrawal or cancellation of a Proposal or
any part thereof, unless specifically requested in writing by DOH under the applicable
terms hereunder.
10. The Respondent shall initial erasures and other changes to the Proposal. When an
item in the offer contains a choice to be made by the Respondent, the Respondent
shall indicate its choice in accordance with the specifications for that particular item,
and thereafter no further choice shall be permitted.

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 11. It is the responsibility of each Respondent or individual before submitting a Proposal:
a) To examine the entire RFP document, including its attachments;
b) To seek clarifications in writing as necessary before submitting a Proposal
and otherwise in compliance with the deadlines set forth herein;
c) To comply with the conditions and requirements of the RFP and the
accompanying instructions in the preparation of the Proposal; and
d) Check the Proposal to ensure accuracy and completeness before submitting it.
12. The Respondent who declines to provide any information requested by the RFP or
declines to complete any form, should clearly state if such information is “Not
Applicable” or “Intentionally Omitted”, as the case may be, and should provide the
reason for such action.
13. Submittal of Proposals shall serve as evidence of a Respondent’s acceptance of the
terms, conditions and disclaimers of this RFP and the rights and options reserved
hereunder by the DOH.
14. All proposals shall remain valid for a period of one hundred and eighty (180) days
after the date specified for the receipt of proposals.
15. The Respondents shall be solely responsible for all expenses incurred in the
preparation of a response to this RFP and for all expenses associated with any
presentations or demonstrations, contract negotiation, and related expenses
associated with this request and/or any proposals made.

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 VII. GENERAL REQUIREMENTS

DOH Department Requirements
All Respondents, if incorporated, must show they are in good standing with the Puerto Rico
Department of State (DOS) (“Departamento de Estado”). All Respondents that are foreign
corporations (out-of-state) must file the necessary documents with the Division of Corporations of
the Department of State, requesting authorization to do business in Puerto Rico, which shall have
been requested prior to the date of submission of the Proposal hereunder. Failure to
demonstrate compliance with this requirement may result in rejection of the Proposal without
further consideration.
Debarment List: Law No. 458 and other requirements
If any of the Respondent’s principals, officers, directors or partners has been debarred,
suspended or otherwise lawfully precluded from participating in any public procurement
activity, the Respondent shall disclose that information in its offer. Failure to provide such
information or to complete the Limited Denial of Participation (LDP)/Suspension or Debarment
Status Certification (Attachment D), shall result in the rejection of the offer. DOH will corroborate
this information.
Each Respondent’s principals, officers, directors and partners must be in good standing with
DOH, and with any Federal or local agency that has or had a contractual relationship with the
Respondent or any of its principals, officers, directors and partners. Therefore, if a DOH, federal or
local agency has terminated any contract with a Respondent for default; the Respondent will
not be eligible to submit a Proposal in response to this RFP.
In addition, each Respondent shall certify that none of its principals, directors, officers or partners
have been convicted or are under any investigation by any state, federal forum, or in any other
country, of the crimes identified under Law No. 458 of December 29, 2000, as amended
(Attachment I).
Mandatory disclosures
In addition, the Respondent must disclose the following information in Attachment I:
al, apparent and potential conflicts

Mandatory Proposal Forms
The Respondent shall comply with all the provisions and requirements of this RFP in the
presentation of its Proposal. The Respondent shall complete, sign, initialize and/or notarize the
documents indicated in Attachments A-O.

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 Contracting Requirements
The Respondent shall comply with all public contracting requirements set forth in the Treasury
Department’s Circular Letter No. 1300-16-16, dated January 2016, in connection to payment of
income, and personal and real property taxes. The selected Respondent(s) shall submit all
certifications required under the cited circular letter as required by the notice of award.
Labor Laws and Regulations
Respondent shall comply with all applicable labor laws and regulations including, without
limitation, Fair Labor Laws, Equal Employment Opportunity Program requirements,
unemployment tax, temporarily disabled tax, worker’s compensation and social security taxes.
Agreement to be bound by this RFP and Agreement Terms
Respondent shall consider only the matters included in the RFP documents and any amendment
thereof in preparation of their Proposal. The Proposals will be evaluated by the Evaluation
Committee as described in this RFP.
By submitting a Proposal, each Respondent agrees, if the Proposal is accepted, to enter into a
contract with DOH, for the Term set forth in this RFP (as defined in the Agreement), including all
attachments hereto.
Each Respondent also accepts all terms and conditions of this RFP and any amendment thereof.
The Respondent’s Proposal and any additional information submitted by the Respondent or
negotiated between Respondent and DOH prior to selection, together with this RFP and any
addenda hereto, will serve as confirmations of Respondent’s acceptance of all terms and
conditions therein.
DOH could reject a proposal if:
a) The Respondent fails to submit the data and documents required in the RFP package, or if the
Proposal is nonconforming, non-compliant with the submittal requirements, incomplete,
inadequate, conditional or irregular.
b) Any of the Respondent’s previous agreements with HUD, the Department of Housing, or any
other public or private entity were declared in default.
c) There are unauthorized additions, conditional or alternate proposals or irregularities of any
kind which may tend to make the Proposal incomplete, indefinite, or ambiguous as to its
meaning.
d) A Respondent submits more than one proposal under different names for the same services.
In case an individual, firm or corporation under the same or different names submits more than
one proposal for the same work, the respondent will be disqualified and the proposals rejected.
e) The Respondent has not been registered and/or cannot demonstrate that it has acquired the
RFP package. The Proposals shall be submitted under the same individual or legal entity name
which obtained the package.
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 f) There is evidence of collusion among Respondents in which case such Respondents will not be
considered for any future work or services procured by DOH.
DOH Options
Without limitation and in addition to other rights reserved by DOH in this RFP and when it is
determined to be in its best interest, DOH reserves and holds, at its sole discretion, the following
rights and options:
a) Reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP
process at any time, if deemed by DOH to be in its best interests.
b) Not to award a contract pursuant to this RFP.
c) Retain all proposals submitted and not allow withdrawal for a period of ninety (90) days
subsequent to the deadline for receiving proposals without the written consent from DOH
d) Has no obligation to compensate any Respondent for any costs incurred in responding to this
RFP.
e) To reject, at any time during the RFP process, any proposal submitted that does not conform
to any of the requirements detailed herein. The respondent must submit the minimum required
documents with the proposal within three (3) working days after receiving the notification. If the
Respondent fails to submit the documents by said term, the Respondent will be considered as
not having fulfilled with the minimum submittal requirements.
f) Prior to award, revise, change, alter or amend any of the instructions, terms, conditions, and/or
specifications identified within the RFP documents issued, within any attachment, or within any
addenda issued. All addenda will be provided in writing by DOH. Such changes that are issued
before the proposal submission deadline shall be binding upon all prospective Respondents.
g) In the case of rejection of all or part of the proposals, DOH reserves the right to advertise for
new proposals or to proceed to do the work otherwise, if in the judgment of DOH, the best
interest of DOH will be promoted.
h) Without any liability, to cancel the award of any proposal(s) at any time before the execution
of the contract documents by all parties.
i) Reduce or increase estimated or actual quantities in whatever amount necessary without
prejudice or liability to DOH, if:
1. funding is not available,
2. legal restrictions are placed upon the expenditure of funds for this category of service
or supplies; or,
3. DOH’s requirements in good faith change after award of the contract.
j) To make an award to more than one Respondent based on ratings or to make an award
without negotiations or best and final offer (BAFO).
k) Require additional information from all Respondents to determine level of responsibility. Such
information shall be submitted in the form required by DOH within two (2) days of written request.

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 l) Contact any individuals, entities, or organizations that have had a business relationship with
the Respondent regardless of their inclusion in the reference section of the proposal submittal.
m) To conduct further investigations with respect to the qualifications and experience of each
Respondent, either from the documents submitted in the RFP or from other sources.
n) To conduct further investigations regarding the technical and financial qualifications of
Request for Proposals. Respondent from any sources deemed necessary, which sources might
be other than those identified in the Proposal.
o) To visit and examine any of the projects referenced in the Proposals and other owned,
operated or built by the Respondent to observe and inspect such facilities and their operations.

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 VIII. TYPE OF CONTRACT, COMPENSATION AND ADDITIONAL SERVICES

DOH reserves the right to award of Program Management Services with a Professional Services
Contract type as described in this solicitation.
8.1 Contract Term
The term of the Program Management Services contracts will be for a performance period of six
(6) months from the date of execution of the contract. This time period includes all administrative
tasks, the project start up, the services included in the proposal, and the final payment. The
contract period will be for one (1) year.
8.2 Contract Extensions
DOH may, at its sole discretion, extend the Agreement terms for the necessary term. Any type of
Agreement extension must be executed in writing and signed by both parties.
8.3 Reimbursable Expenses
Reimbursable expenses will not be allowed in this contract. All Program Management Firm
expenses, overhead and profit must be included. Any additional required services will be
negotiated as a contract modification.

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 IX. INSURANCE REQUIREMENTS

The insurance required for agreement resulting from this RFP shall be written for not less than the
limits of liability specified below and on DV-OSPA-78-5 or required by law, whichever coverage is
greater. Coverage, whether written on an occurrence or claims-made basis, shall be
maintained without interruption from date of the commencement of operations under the
agreement until the date of final payment and termination of any coverage required to be
maintained after final payment, or as otherwise provided herein.
The firms shall comply with the insurances required by DOH as indicated in the form DV-OSPA 785. (Exhibit I)
Upon the execution of the agreement resulting from this RFP, and at the Firm’s sole cost, the Firm
shall furnish DOH with copies of the above described insurance policies and any other evidence
DOH may request, as to the policies full force and effect.
Any deductible amount, under any of the policies, will be assumed in whole by the Firm for any
and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint and several of
whatever kind and nature arising from the Contract resulting from this RFP by and between
Firm’s and DOH. Neither the Department of Housing of Puerto Rico nor the DOH shall be held
responsible under any circumstances for payments of any nature regarding deductibles of all
Commercial Liability Programs for the aforementioned contract.
2) Endorsements
Each insurance policy maintained by the Firm’s must be endorsed as follows:
(a) DOH and its officers, agents and employees are named as additional insured (except
Worker’s Compensation) but only with respect to liability arising out of operations
performed for such insured by or on behalf of the named insured.
(b) To provide waiver of subrogation coverage for all insurance policies Provided or
herein in favor of DOH and its respective officers, agents and employees.
(c) The insurer shall be required to give DOH written notice at least ninety (90) days in
advance of any cancellation or material change in any such policies.
The Firm shall furnish to DOH, prior to commencement of the services, certificates of insurance
from insurers with a rating by the AM Best Co. of A and 5 or over on all policies, reflecting policies
in force, and shall also provide certificates evidencing all renewals of such policies. Insurers shall
retain an AM Best Co. rating of A and 5 or over on all policies throughout the term of this
Agreement and all policy periods required herein. The insurance company must be authorized
to do business in Puerto Rico and be in good standing.

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 3) Related Requirements
The Firm shall furnish DOH’s Procurement Office located at 606 Barbosa Ave., Hato Rey, Puerto
Rico, original Certificates of Insurance evidencing the required coverage to be in force on the
Effective Date of Agreement. THE REQUIRED DOCUMENTATION MUST BE RECEIVED PRIOR TO
FIRM’S COMMENCING WORK. NO FIRM OR ITS AUTHORIZED REPRESENTATIVES ARE TO BEGIN THEIR
RESPONSIBILITIES UNDER THE AGREEMENT PRIOR TO FULL COMPLIANCE WITH THIS REQUIREMENT
AND NOTIFICATION FROM DOH TO PROCEED.
Renewal Certificates of Insurance or such similar evidence are to be received by the
Procurement Department prior to expiration of insurance coverage. At DOH’s option, noncompliance will result in one or more of the following actions: (1) Firm will be immediately
removed from DOH property and contract revoked; (2) Firm will be assessed five percent (5%) of
the payments of the monthly Fee until the Contractor obtains the insurance; (3) The DOH will
purchase insurance on behalf of Firm’s and will charge back to Firm’s one-time penalty of ten
percent (10%) of the next payment to the Contractor Fee and the cost of the insurance paid.
The receipt of any certificate does not constitute agreement by DOH that the insurance
requirements in the Agreement have been fully met or that the insurance policies indicated on
the certificate are in compliance with the requirements of the Agreement. The insurance
policies shall provide for ninety (90) days written notice to be given to DOH in the event
coverage is substantially changed, cancelled or non-renewed.
The Firm shall require all subcontractors or consultants to carry the insurance required herein or
the Firm may provide the coverage for any or all of its subcontractors and if so, the evidence of
insurance submitted shall so stipulate and DOH here to the same requirements and conditions as
outlined in Section Required Coverage above.
The Firm expressly understands and agrees that whenever the Firm is covered by other primary,
excess or excess contingent insurance that, any insurance or self-insurance program maintained
by DOH shall apply in excess of and will not contribute with insurance provided by the Firm under
this Agreement.

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 X. SPECIAL PROVISIONS

Federal Contract Terms and Conditions
The applicable contractual terms and conditions required by 200 CFR 316-327 are hereby
incorporated by reference into this RFP as if set forth herein.
Regular Reports and Records
The selected firm will be required to submit reports. All records generated in connection with the
contract resulting from this RFP shall be kept for a minimum of three (3) years after the final
payment under the contract (s) awarded. This retention period shall be extended until
disposition of appeals under the clause titled Disputes, litigation or settlement of claims arising
from performance of the contract, or exceptions that DOH, or Comptroller General has taken on
costs and expenses of the contract.
Conflict of Interest
The selected firm shall comply with the ethics requirements set forth herein and warrant that to
the best of its knowledge and belief and except as otherwise disclosed, it does not have any
organizational conflict of interest which is defined as a situation in which the nature of the work
under a DOH contract and firm’s organizational, financial, contractual or other interest are such
that:
a) Award of the contract may result in an unfair competitive advantage; or
b) The Respondent’s objectivity in performing the contract work may be impaired.
The firm agrees that if after award he or she discovers an organizational conflict of interest with
respect to this contract, it shall make an immediate and full disclosure in writing to the
Contracting Officer, which shall include a description of the action, which the Firm has taken or
intends to take to eliminate or neutralize the conflict. The DOH may, however, terminate the
contract for the convenience of DOH if it would be in the best interest of DOH.
In the event the firm was aware of an organizational conflict of interest before the award of this
contract and did not disclose the conflict to the Contracting Officer, the DOH may terminate
the contract for default.
The provisions of this clause shall be included in all subcontracts and consulting agreements
wherein the work to be performed is similar to the service provided by the Firm. The firm shall
include in such subcontracts and consulting agreements any necessary provision to eliminate or
neutralize conflicts of interest.

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