Fair Housing Litigation and Appraisal Consulting Services

Revised Description 4/11/22 8a or Total Small Business Due Date 4/27/22 3:00pm This is a SOURCES SOUGHT NOTICE to determine the availability and capability of qualified small businesses (including certified 8(a), Small Disadvantaged, HUBZone firms; Veteran and Service-disabled Veteran-owned Small Businesses, Women-owned Small Businesses and Economically Disadvantaged Women-owned Small Business (EDWOSB), to acquire contractor support for fair housing litigation and appraisal. The U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity (FHEO) is seeking support to provide fair housing litigation and appraisal consulting services involving the review and analysis of housing appraisal for the Office of Systemic Investigations enforcement actions. The contractor shall review appraisal data, assess if unlawful bias may exist, provide expert witness services, and give recommendations for best practices to ensure nondiscriminatory appraisals in the housing market on a national and/or local basis. The Department of Housing and Urban Development investigates possible discrimination under the Fair Housing Act and other authorities. The Office of Systemic Investigations ("the Office”) investigates complaints alleging discrimination that is pervasive, institutional in nature, or affects a substantial number of people. In addition, the Office identifies targets for Secretary-initiated investigations, based on analysis of public information. The Office’s investigations often involve mortgage lending issues such as denial and pricing disparities The Department of Housing and Urban Development seeks a contractor to support HUD’s review and analysis of housing appraisal data for investigations on a national and/or local basis as they relate to compliance with the Fair Housing Act. The contractor shall review appraisal data and assess if unlawful bias may exist. Additionally, the contractor will provide expert witness services on appraisal investigations and give recommendations for best practices to ensure nondiscriminatory appraisals in the housing market on a national and/or local basis. Place of Performance The Contractor shall performance at the contractor facility and/or performance may require travel to and work at the residential and other properties at issue and may require travel to and work at the Government’s facility for some tasks. Government facilities may be located at HUD’s Headquarters or in its 10 Regions. HUD’s regions are geographically divided as follows: Region I: Connecticut, Vermont, Massachusetts, Maine, New Hampshire, Rhode Island Region II: New York, New Jersey Region III: Pennsylvania, Virginia, West Virginia, Maryland, Delaware, Washington, D.C. Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, U.S. Virgin Islands Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas Region VII: Kansas, Iowa, Missouri, Nebraska Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming Region IX: California, Arizona, Hawaii, Nevada Region X: Washington, Alaska, Idaho, Oregon Special Qualifications The contractor shall possess the following qualifications: Possess an extensive knowledge of fair housing and fair lending laws and their application to discriminatory appraisal practices on a national basis. Must be a Certified Residential Real Property Appraiser or Certified General Real Property Appraiser. The appraiser must possess appraisal certifications or reciprocal appraisal certifications in all 50 states and territories in the United States and/or be able to attain Temporary Practice Appraisal Licenses in those states and territories in which the appraiser does not hold an active appraisal certification or active reciprocity appraisal certification. Extensive knowledge of the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). Knowledge of automated valuation models (AVMs). Demonstrated experience in forensic appraisals, review, and retro appraisals. Residential appraisal testimony experience. Possess the ability to obtain a Personal Identity Verification (PIV) credential in order to access and analyze data from HUD databases. Specific Tasks Fair Housing Litigation Support The contractor shall perform the following for a maximum of 15 investigations per year: Provide guidance on issues of appraisal requirements, present evidence and provide expert testimony. Prepare analyses of appraisal practices as they relate to compliance with the Fair Housing Act, using statistical data when necessary. Write expert reports of their findings and opinions prior to testifying at trial. Formulate, present, and justify sound, authoritative expert opinions on behalf of HUD in legal, administrative, and other formal proceedings involving the analysis of positions, including conflicting positions, from other national experts in the appraisal and lending industries. Pre-Trial Report The contractor shall perform the following for a maximum of 15 investigations per year: Be responsible for meeting with trial attorneys prior to trial to prepare testimony and presentation of evidence of their findings/analysis. Create, in collaboration with trial attorneys, any necessary trial exhibits pertaining to their analysis. Prepare pre-trial/pre-engagement reports of their findings and opinions prior to being permitted to testify at trial. Prepare expert reports for use at hearings. Testify in depositions as an expert witness. Provide Expert Testimony at Trial The contractor shall perform the following for a maximum of 15 investigations per year: Attend trial and provide expert testimony on appraisal investigations when requested. Formulate, present, and justify sound, authoritative expert opinions on behalf of HUD in legal, administrative, and other formal proceedings involving the analysis of positions, including conflicting positions, from other national experts in the appraisal and lending industries Appraisal Consulting Services The contractor shall perform the following: Provide expert appraisal consulting services to HUD headquarters and its regional offices in investigations alleging violations of the Fair Housing Act to determine whether properties under purchase or refinance agreements are appraised in a non-discriminatory manner consistent with compliance under the Fair Housing Act. Conduct appraisal reviews, on a national and/or local basis, to determine and document compliance and noncompliance with federal fair lending requirements. Review, assess, and maintain quality control of individual appraisals for conformity with standard business practices within the relevant market areas. Provide recommendations in developing suggested industry-wide best practices for conducting appraisals to minimize the potential for discriminatory human bias in violation of the Fair Housing Act. Assist in developing suggested alternative industry-wide protocols for AVMs, USPAP standards, and changes to appraisal forms, as needed, to minimize the potential for unlawful bias. Conduct Appraisal Review The contractor shall perform the following for a maximum of 10 investigations per month: Provide expert appraisal consulting services to HUD headquarters and its regional offices in investigations alleging violations of the Fair Housing Act to determine whether properties under purchase or refinance agreements are appraised in a non-discriminatory manner consistent with compliance under the Fair Housing Act. Conduct appraisal reviews, on a national and/or local basis, to determine and document compliance and noncompliance with federal fair lending requirements. Survey, document, analyze, and report on element-by-element compliance with fair lending requirements. Produce Appraisal Protocols Assessment and Recommendation Reports summarizing key findings and recommendations from Appraisal Reviews. Conduct Appraisal Review of Inventory Investigations The contractor shall perform the following for a maximum of 100 inventory investigations within 90 days from the submission of HUD’s request to clear the inventory investigations: Provide expert appraisal consulting services to HUD headquarters and its regional offices in investigations alleging violations of the Fair Housing Act to determine whether properties under purchase or refinance agreements are appraised in a non-discriminatory manner consistent with compliance under the Fair Housing Act. Conduct on a national and/or local basis to determine and document compliance and noncompliance with federal fair lending requirements. Survey, document, analyze, and report on element-by-element compliance with fair lending requirements. Produce Appraisal Protocols Assessment and Recommendation Reports summarizing key findings and recommendations from Appraisal Reviews. Performance Reporting The contractor shall perform the following: Provide monthly performance report for each month of the contract period. The monthly reports shall include all the information that is currently reported monthly related to the fair housing litigation support and appraisal consulting services, however, the contractor shall also make recommendations on other information or data that shall be helpful in demonstrating the success of the project. Information to be included at a minimum shall be detailed reports on all the major aspects of the project. Provide a cumulative final report of reviews/surveys and technical guidance activities, based on data in the monthly reports. This final report is due within 30 days of the end of the period of performance However, be advised that generic capability statements are not sufficient for effective evaluation of respondents’ Response must directly demonstrate the company’s capability, experience, and/or ability to marshal resources to effectively and efficiently perform each of the tasks described above in sufficient level of detail to allow that the contractor can satisfy the minimum requirements listed above in compliance with FAR 52.219-14 (“Limitations of Subcontracting”). Failure to definitively address the requirement will result in a finding that respondent lacks the capability of performing the work. Responses to this notice shall be limited to ten pages, and must include: Company name, mailing address, e-mail address, telephone and FAX numbers, website address (if available), and the name, telephone number, and e-mail address of a point of contact having the authority and knowledge to clarify responses with Government representatives. Name, title, telephone number, and e-mail addresses of individuals who can verify the demonstrated capabilities identified in the responses. Business size for NAICS XXXX (size standard $ or number of employees) and status, if qualified as an 8(a) firm (must be certified by SBA), Small Disadvantaged Business (must be certified by SBA), Woman-Owned Small Business, HUBZone firm (must be certified by SBA), and/or Service-Disabled Veteran-Owned Small Business (must be listed in the VetBiz Vendor Information Pages). DUNS number, CAGE Code, Tax Identification Number, and company structure (Corporation, LLC, partnership, joint venture, etc.). Companies also must be registered in the System for Award Management (SAM) at https://www.sam.gov/portal/SAM/#1 to be considered as potential sources. Identification of the firm's GSA Schedule contract(s) by Schedule number and contract number and SINs that are applicable to this potential requirement are also requested. If the company has a Government approved accounting system, please identify the agency that approved the system. Please submit copies of any documentation such as letters or certificates to indicate the firm’s status (see item #2, above) Teaming arrangements are acceptable, and the information required above on the company responding to this announcement, should also be provided for each entity expected to be teammates of the respondent for performance of this work. To the maximum extent possible, please submit non-proprietary information. Any proprietary information submitted should be identified as such and will be properly protected from disclosure. Teaming arrangements are acceptable, and the information required above on the company responding to this announcement, should also be provided for each entity expected to be teammates of the respondent for performance of this work. To the maximum extent possible, please submit non-proprietary information. Any proprietary information submitted should be identified as such and will be properly protected from disclosure. This notice is for planning purposes only, and does not constitute an Invitation for Bids, a Request for Proposals, a Solicitation, and a Request for Quotes, or an indication the Government will contract for the items contained in this announcement. This request is not to be construed as a commitment on the part of the Government to award a contract, nor does the Government intend to pay for any information submitted as a result of this request. The Government will not reimburse respondents for any cost associated with submission of the information being requested or reimburse expenses incurred to interested parties for responses to this announcement. Responses to this announcement will not be returned, nor there any ensuing discussions or debriefings of any responses. However, information obtained as a result of this announcement may be reflected in the subsequent solicitation, and HUD, OCPO may contact one or more respondents for clarifications and to enhance the Government’s understanding. This announcement is Government market research and may result in revisions in both it’s requirements and it’s acquisition strategy based on industry responses. RESPONDENTS MUST SUBMIT CAPABILITY STATEMENT VIA E-MAIL to [email protected] and [email protected] no later than April 27, 2022, 3:00 PM Eastern Time for consideration.