Thank you for your interest in doing business with The Housing Authority of the City of Hagerstown.
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Hagerstown Housing is involved in many community housing and redevelopment projects funded primarily through HUD grants. Typical purchases include building construction and repair services, building maintenance materials, office supplies and equipment, and administrative services.
Our central office is located at 35 West Baltimore Street in downtown Hagerstown.
Business hours are Monday – Friday from 8:00 a.m. to 4:30 p.m., except government holidays.
SALES CALLS ARE ARRANGED BY APPOINTMENT ONLY THROUGH THE FOLLOWING OFFICE:
Les Wolff, Procurement Department
Phone: (301) 733-6911, ext. 165 Fax: 301-745-4893
TERMS AND CONDITIONS
QUALITY: When manufacturing Specifications are referred to on the face of this order, such Specifications shall be deemed to be an integral part hereof as if fully set out herein.
All deliveries furnished on this purchase must be of the quality specified, or in the event no quality is specified, must be of the best, and will be subject to the inspection and approval of the Purchaser. If materials are rejected the Purchases shall be writing so notify the Seller, and the Purchaser, at its option and at the expense and risk of the Seller, may either return such rejected materials to the Seller or hold them for such disposal as the Seller shall indicate.
QUANTITY: The quantity of material, as indicated on the face hereof, must not be exceeded without authority in writing first being obtained.
DELIVERIES: Failure to deliver material of the quality and within the time or times specified shall, at the option of the Purchaser, relieve it of any obligation to accept and pay for such material, as well as any undelivered installments, if there by any; and upon failure to deliver as specified the Purchaser may but elsewhere and charge the Seller with any loss incurred thereon, unless deferred shipment be arranged for in writing. Any failure by the Purchaser to exercise this option with respect to any installment shall not be deemed to constitute a waiver with respect to subsequent installments.
PACKING AND CARTAGE: No charge will be allowed for packing, boxing or cartage, unless agreed upon at the time of purchase, but damage to any material not packed to insure proper protection to same will be charged to Seller.
INVOICES: Invoices must be rendered in duplicate. Unless written notice be given to the Purchaser, prior to shipment, by the person, firm or corporation to whom this order is addressed all invoices for materials shipped on this order shall be rendered by and be payable to such addressee.
PATENTS: By acceptance and in consideration hereof, the Seller warrants that the article or articles furnished on this order do not infringe any United States or Canadian patents; that he will defend any suite that may arise in respect thereto; and that he will save the Purchaser harmless from any loss which may be incurred by the assertion of any patent rights with respect to the articles furnished hereunder.
LIABILITY FOR DAMAGE MECHANIC’S LIENS: Whenever the Seller shall, by virtue hereof, have in its possession property of the Purchaser, the Seller shall be deemed an insurer thereof and shall be responsible for its safe return to the Purchaser.
If this order calls for work to be performed upon properly owned or controlled by the purchaser it is understood and agreed that:
The Seller will keep the premises and work free and clear of all mechanic’ s liens, and furnish the Purchaser certificate and waiver as provided by law.
PUBLIC LIABILITY AND PROPERTY DAMAGE: The work will remain at the Seller’s risk prior to written acceptance by the Purchaser and the Seller will replace at his own expense all work damaged or destroyed by fire, force or violence of the elements or any other cause whatsoever.
The Seller will indemnify, save harmless, and defend the Purchaser from all liability for loss, damage or injury to person or property in any manner arising out of or incident to the performance of this contract.
INJURY TO EMPLOYEES: The Seller will indemnify, save harmless, and defend the Purchaser from any and all claims, demands or suits made or brought against the Purchaser on account of any of the terms or provisions of the Workmen’s Compensation Law of the State in which said work is to be performed, effective on the date hereof, and any amendments thereto.
Handbook No. 7460.8 REV 2
TABLE 5.1 MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES OTHER THAN CONSTRUCTION
The following contract clauses are required in contracts pursuant to 24 CFR85.36 (i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal procurement Policy. The PHA and contractor are also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations.
Examination and Retention of Contractor’s Records. The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excepts, and transcriptions.
Right in Data and patent Rights (Ownership and proprietary Interest). The PHA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including, but not limited to, reports, memoranda or letters concerning the research and reporting tasks of the Contract.
Energy Efficiency. The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
Procurement of Recovered Materials
- In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to met reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
- Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Termination for Cause and for Convenience (contracts of 410,000 or more).
- The PHA may terminate this contract in whole, or from time to time in part, for the PHA’s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate be delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process.
- If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination.
- If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA ma (1) require the Contractor to deliver to it, in the manner and to the extend directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer.