Sources Sought – Real Estate Services Study 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 Real Estate Discrimination Testing 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 531210 Offices of Real Estate Agents and Brokers. 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 February 5, 2020 at 5:00pm EST. All responses under this Sources Sought Notice must be emailed to
[email protected]. Additional information on the required services is listed below. If you have any questions concerning this opportunity, please contact: Gabriel Wright at 202 402 4471. Note: Below find samples of information that may be useful when issuing a Sources Sought Synopsis. Background: The goal of the study is to compare the location and number of home sale listings provided, other services provided, and terms and conditions imposed by real estate agents and brokers to persons (testers) of different races and national origins. A three-year investigation by Newsday.com found that real estate agents and brokers limited the geographic location of testers based on race in a significant percentage of instances. [1] More pervasive differences were found in the number of listings provided and in other real estate services provided. This was consistent with HUD’s findings in its 2012 report on housing discrimination. The primary concern is whether real estate agents perpetuate historic patterns of geographic segregation. Additionally, there is concern whether real estate professionals pose other restrictions on black and Hispanic home-seekers by providing a lower level of service or imposing different conditions, such as higher income-to-value ratios and home prices. The upshot of the Newsday investigate was not just that black and Hispanic home-seekers received poorer services than white home-seekers. The concern under the Fair Housing Act is the real estate professionals’ reinforcement of historic patterns of segregation by race and national origin. Long Island has a reputation for such segregation, including recent past and current Fair Housing complaints concerning exclusionary zoning and public spending patterns that limit investments in affordable housing to areas where such housing is already concentrated. The Newsday investigation took place on Long Island (Nassau and Suffolk Counties), New York. The procurement would entail target selection, testing, analysis of results, and comparison with the Newsday findings – in comparable housing markets (e.g., similar price points, age of housing stock, overall homeownership rates, population demographics, and degree of segregation). It is possible that HUD will decide not to conduct its own investigation of residential real estate services on Long Island because of the effects of recent past testing – i.e., real estate agents and brokers may be on the look-out for testers since the Newsday investigation. This might include any statutory requirements that must be met through the contemplated acquisition. The Fair Housing Act includes prohibition against discrimination in the provision of real estate services – for example: Sec. 805. [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions (a) In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. (b) Definition.--As used in this section, the term "residential real estate-related transaction" means any of the following: (1) The making or purchasing of loans or providing other financial assistance-- (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. HUD is charged expressly by Congress with enforcing the Fair Housing Act. (Section 808) This acquisition is based on a new requirement. General Description of Work: The principal activity entails conducting fair housing tests of real estate agents and brokers in the home purchase market. The vendor will recommend testing targets (firms) based on familiarity with the market. Testing will take place in four geographic areas across the country. Those locations have not been finalized. Even so, it is anticipated that the locations will represent the Far West, Southwest, Midwest, and Northeast. Also, the selected areas will be characterized by historic patterns of residential segregation by race and national origin. The vendor will assemble and deliver electronic records of the tests and will provide some preliminary analysis of the data. HUD will review and approve all targets and methodologies prior to data collection. Also include the following: Tester requirements adhere to HUD’s regulations at 24 CFR 115.311. Testing requirements (including but not limited to procedures and deliverables) adhere to Handbook 8024.1, Chapter 7. Tests performed are paired, comparable tests except where expressly approved by HUD. Results of tests are recorded on standardized forms or formats approved in advance by HUD. In addition, the contractor will perform a specified number of tests for persons with evident disabilities. For each test, the contractor will obtain and provide to HUD, at a minimum, the following information: (1) date(s) of test, (2) time(s) of test, (3) name of site or target institution tested, (4) address of site or target institution tests, (5) name of agent(s) contacted and tested, (6) tester characteristics (e.g., protected class), (7) a description of what transpired during the test, and (8) information regarding whether the target is covered by the Fair Housing Act. For each test, the contractor will provide: (1) tester profiles, (2) test reports, (3) test coordinator logs, (5) test narratives, (6) any materials a tester received from the tested real estate professional(s), (7) testing methodology, and (8) other documents related to the tests. Below are the characteristics of prospective offerors (the requirements) sought in the market study: Demonstrable knowledge of the Fair Housing Act, in particular, collection of evidence in proving violations of the Fair Housing Act, in particular the performance of testing services as described above. Previous experience in the conduct of testing services as described above. Ability to analyze and report on data as described above. Demonstrable familiarity with the home purchase and ownership market of the selected communities, including familiarity with residential real estate and brokerage firms with a significant market share. Demonstrable performance in conducting testing and providing data and analytical reports in accordance with schedules. The tasks require a set of skill categories based on the following approximate breakdown: Relevant general skill disciplines: Human subject research, civil rights compliance and enforcement. Contemplated performance metrics: Timely, completed tests that meet standards described above; timely, complete, consistent electronic data files that meet substantive and technical standards, timely reports that meet content requirements. It is possible that the vendor will be required to provide data files that combine tester characteristics, results of testing, and socio-demographic characteristics of the location of listed (available) properties provided by real estate professionals to the testers. Contemplated report requirements: The selected vendor(s) would provide four types of reports for review and approval by HUD: a detailed workplan, periodic progress reports, an interim data report to demonstrate compliance with HUD testing standards, and a final analytical report. The reports would demonstrate the vendor(s) compliance with the standards identified above. Contemplated dollar value of the project: HUD contemplates that the entire project may const $1 million – covering testing vendor contracts, a contract with a subject matter expert, and related travel costs for Departmental employees. The particular real estate services contract(s) are contemplated to cost approximately $750,000. Contemplated place of performance: Due the nature of services, HUD cannot share the exact locations where the services will be provided. HUD anticipates performing testing in within the following HUD regions: Region II: New York, and New Jersey; Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin; Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas; and possibly Region IX: California, Arizona, Hawaii, Nevada