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APPENDIX 1. PROCUREMENT POLICY
FELTON HOUSING AUTHORITY
This Procurement Policy complies with the Annual Contributions Contract (ACC) between
Felton Housing Authority (FHA) and the HUD, Federal Regulations at 24 CFR 85.36, the
procurement standards of the Procurement Handbook for PHAs, HUD Handbook 7460.8, Rev 2,
and applicable State and Local laws.
GENERAL PROVISIONS
General
The FHA shall: provide for a procurement system of quality and integrity; provide for the fair
and equitable treatment of all persons or firms involved in purchasing by the FHA; ensure that
supplies and services (including construction) are procured efficiently, effectively, and at the
most favorable prices available to the FHA; promote competition in contracting; and assure that
FHA purchasing actions are in full compliance with applicable Federal standards, HUD
regulations, State, and local laws.
Application
This Procurement Policy applies to all procurement actions of the Authority, regardless of the
source of funds, except as noted under “exclusions,” below. However, nothing in this Policy
shall prevent the FHA from complying with the terms and conditions of any grant, contract, gift
or bequest that is otherwise consistent with the law. When both HUD and non-Federal grant
funds are used for a project, the work to be accomplished with the funds should be separately
identified prior to procurement so that appropriate requirements can be applied, if necessary. If it
is not possible to separate the funds, HUD procurement regulations shall be applied to the total
project. If funds and work can be separated and work can be completed by a new contract, then
regulations applicable to the source of funding may be followed.
Definition
The term “procurement,” as used in this Policy, includes the procuring, purchasing, leasing, or
renting of: (1) goods, supplies, equipment, and materials, (2) construction and maintenance;
consultant services, (3) Architectural and Engineering (A/E) services, (4) Social Services, and (5)
other services.
Exclusions
This policy does not govern administrative fees earned under the Section 8 voucher program, the
award of vouchers under the Section 8 program, the execution of landlord Housing Assistance
Payments contracts under that program, or non-program income, e.g., fee-for-service revenue
under 24 CFR Part 990. These excluded areas are subject to applicable State and local
requirements.
Changes in Laws and Regulations
In the event an applicable law or regulation is modified or eliminated, or a new law or regulation
is adopted, the revised law or regulation shall, to the extent inconsistent with these Policies,
automatically supersede these Policies.
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Public Access to Procurement Information
Most procurement information that is not proprietary is a matter of public record and shall be
available to the public to the extent provided in the __________(State) Freedom of Information
Act.
ETHICS IN PUBLIC CONTRACTING
General
The FHA hereby establishes this code of conduct regarding procurement issues and actions and
shall implement a system of sanctions for violations. This code of conduct, etc., is consistent
with applicable Federal, State, or local law.
Conflicts of Interest
No employee, officer, Board member, or agent of the FHA shall participate directly or indirectly
in the selection, award, or administration of any contract if a conflict of interest, either real or
apparent, would be involved. This type of conflict would be when one of the persons listed below
has a financial or any other type of interest in a firm competing for the award:
A. An employee, officer, Board member, or agent involved in making the award;
B. His/her relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, or half sister);
C. His/her partner; or
D. An organization which employs or is negotiating to employ, or has an arrangement
concerning prospective employment of any of the above.
Gratuities, Kickbacks, and Use of Confidential Information
No officer, employee, Board member, or agent shall ask for or accept gratuities, favors, or items
of more than $25 in value from any contractor, potential contractor, or party to any subcontract,
and shall not knowingly use confidential information for actual or anticipated personal gain.
Prohibition Against Contingent Fees
Contractors wanting to do business with the FHA must not hire a person to solicit or secure a
contract for a commission, percentage, brokerage, or contingent fee, except for bona fide
established commercial selling agencies.
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PROCUREMENT PLANNING
Planning is essential to managing the procurement function properly. Hence, the FHA will
periodically review its record of prior purchases, as well as future needs, to: find patterns of
procurement actions that could be performed more efficiently or economically; maximize
competition and competitive pricing among contracts and decrease the FHA’s procurement costs;
reduce FHA administrative costs; ensure that supplies and services are obtained without any need
for re-procurement, e.g., resolving bid protests; and minimize errors that occur when there is
inadequate lead time. Consideration should be given to storage, security, and handling
requirements when planning the most appropriate purchasing actions.
PURCHASING METHODS
Petty Cash Purchases
Purchases under $50 may be handled through the use of a petty cash account. Petty Cash
Accounts may be established in an amount sufficient to cover small purchases made during a
reasonable period, e.g., one month. For all Petty Cash Accounts, the FHA shall ensure that
security is maintained and only authorized individuals have access to the account. These accounts
should be reconciled and replenished periodically.
Small Purchase Procedures
For any amounts above the Petty Cash ceiling, but not exceeding $100,000, the FHA may use
small purchase procedures. Under small purchase procedures, the FHA shall obtain a reasonable
number of quotes (preferably three); however, for purchases of less than $2,000, also known as
Micro Purchases, only one quote is required provided the quote is considered reasonable. To the
greatest extent feasible, and to promote competition, small purchases should be distributed
among qualified sources. Quotes may be obtained orally (either in person or by phone), by fax, in
writing, or through e-procurement. Award shall be made to the qualified vendor that provides the
best value to the FHA. If award is to be made for reasons other than lowest price, documentation
shall be provided in the contract file. The FHA shall not break down requirements aggregating
more than the small purchase threshold (or the Micro Purchase threshold) into several purchases
that are less than the applicable threshold merely to: (1) permit use ofthe small purchase
procedures or (2) avoid any requirements that applies to purchases that exceed the Micro
Purchase threshold.
Sealed Bids
Sealed bidding shall be used for all contracts that exceed the small purchase threshold and that
are not competitive proposals or non-competitive proposals, as these terms are defined in this
document. Under sealed bids, the PHA publicly solicits bids and awards a firm fixed-price
contract (lump sum or unit price) to the responsible bidder whose bid, conforming with all the
material terms and conditions of the IFB, is the lowest in price. Sealed bidding is the preferred
method for procuring construction, supply, and non-complex service contracts that are expected
to exceed $100,000.
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A. Conditions for Using Sealed Bids. FHA shall use the sealed bid method if the following
conditions are present: a complete, adequate, and realistic statement of work, specification,
or purchase description is available; two or more responsible bidders are willing and able to
compete effectively for the work; the contract can be awarded based on a firm fixed price;
and the selection of the successful bidder can be made principally on the lowest price.
B. Solicitation and Receipt of Bids. An IFB is issued which includes the specifications and all
contractual terms and conditions applicable to the procurement, and a statement that award
will be made to the lowest responsible and responsive bidder whose bid meets the
requirements of the solicitation. The IFB must state the time and place for both receiving the
bids and the public bid opening. All bids received will be date and time-stamped and stored
unopened in a secure place until the public bid opening. A bidder may withdraw the bid at
any time prior to the bid opening.
C. Bid Opening and Award. Bids shall be opened publicly. All bids received shall be recorded
on an abstract (tabulation) of bids, and then made available for public inspection. If equal low
bids are received from responsible bidders, selection shall be made by drawing lots or other
similar random method. The method for doing this shall be stated in the IFB. If only one
responsive bid is received from a responsible bidder, award shall not be made unless the
price can be determined to be reasonable, based on a cost or price analysis.
D. Mistakes in Bids. Correction or withdrawal of bids may be permitted, where appropriate,
before bid opening by written or telegraphic notice received in the office designated in the
IFB prior to the time set for bid opening. After bid opening, corrections in bids may be
permitted only if the bidder can show by clear and convincing evidence that a mistake of a
nonjudgmental character was made, the nature of the mistake, and the bid price actually
intended. A low bidder alleging a nonjudgmental mistake may be permitted to withdraw its
bid if the mistake is clearly evident on the face of the bid document but the intended bid is
unclear or the bidder submits convincing evidence that a mistake was made. All decisions to
allow correction or withdrawal of a bid shall be supported by a written determination signed
by the Contracting Officer. After bid opening, changes in bid prices or other provisions of
bids prejudicial to the interest of the FHA or fair competition shall not be
permitted.
Competitive Proposals
Unlike sealed bidding, the competitive proposal method permits: consideration of technical
factors other than price; discussion with offerors concerning offers submitted; negotiation of
contract price or estimated cost and other contract terms and conditions; revision of proposals
before the final contractor selection; and the withdrawal of an offer at any time up until the point
of award. Award is normally made on the basis of the proposal that represents the best overall
value to the PHA, considering price and other factors, e.g., technical expertise, past experience,
quality of proposed staffing, etc., set forth in the solicitation and not solely the lowest price.
A. Conditions for Use. Where conditions are not appropriate for the use of sealed bidding,
competitive proposals may be used. Competitive proposals are the preferred method for
procuring professional services that will exceed the small purchase threshold.
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B. Form of Solicitation. Other than A/E services, competitive proposals shall be solicited
through the issuance of a RFP. The RFP shall clearly identify the importance and relative
value of each of the evaluation factors as well as any subfactors and price. A mechanism for
fairly and thoroughly evaluating the technical and price proposals shall be established before
the solicitation is issued. Proposals shall be handled so as to prevent disclosure of the number
of offerors, identity of the offerors, and the contents of their proposals until after award. The
FHA may assign price a specific weight in the evaluation criteria or the FHA may consider
price in conjunction with technical factors; in either case, the method for evaluating price
shall be established in the RFP.
C. Evaluation. The proposals shall be evaluated only on the criteria stated in the RFP. Where
not apparent from the evaluation criteria, the FHA shall establish an Evaluation Plan for each
RFP. Generally, all RFPs shall be evaluated by an appropriately appointed Evaluation
Committee. The Evaluation Committee shall be required to disclose any potential conflicts of
interest and to sign a Non-Disclosure statement. An Evaluation Report, summarizing the
results of the evaluation, shall be prepared prior to award of a contract.
D. Negotiations. Negotiations shall be conducted with all offerors who submit a proposal
determined to have a reasonable chance of being selected for award, unless it is determined
that negotiations are not needed with any of the offerors. This determination is based on the
relative score of the proposals as they are evaluated and rated in accordance with the
technical and price factors specified in the RFP. These offerors shall be treated fairly and
equally with respect to any opportunity for negotiation and revision of their proposals. No
offeror shall be given any information about any other offeror’s proposal, and no offeror shall
be assisted in bringing its proposal up to the level of any other proposal. A common deadline
shall be established for receipt of proposal revisions based on negotiations. Negotiations are
exchanges (in either competitive or sole source environment) between the PHA and offerors
that are undertaken with the intent of allowing the offeror to revise its proposal. These
negotiations may include bargaining. Bargaining includes persuasion, alteration of
assumptions and positions, give-and-take, and may apply to price, schedule, technical
requirements, type of contract or other terms of a proposed contract. When negotiations are
conducted in a competitive acquisition, they take place after establishment of the competitive
range and are called discussions. Discussions are tailored to each offeror’s proposal, and shall
be conducted by the contracting officer with each offeror within the competitive range. The
primary object of discussions is to maximize the FHA’s ability to obtain best value, based on
the requirements and the evaluation factors set forth in the solicitation. The contracting
officer shall indicate to, or discuss with, each offeror still being considered for award,
significant weaknesses, deficiencies, and other aspects of its proposal (such as cost, price,
technical approach, past performance, and terms and conditions) that could, in the opinion of
the contracting officer, be altered or explained to enhance materially the proposer’s potential
for award. The scope and extent of discussions are a matter of the contracting officer’s
judgment. The contracting officer may inform an offeror that its price is considered by the
PHA to be too high, or too low, and reveal the results of the analysis supporting that
conclusion. It is also permissible to indicate to all offerors the cost or price that the
government’s price analysis, market research, and other reviews have identified as
reasonable. “Auctioning” (revealing one offeror’s price in an attempt to get another offeror to
lower their price) is prohibited.
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E. Award. After evaluation of the revised proposals, if any, the contract shall be awarded to the
responsible firm whose technical approach to the project, qualifications, price and/or any
other factors considered, are most advantageous to the FHA provided that the price is within
the maximum total project budgeted amount established for the specific property or activity.
F. A/E Services. The FHA must contract for A/E services using QBS procedures, utilizing a
RFQ. Sealed bidding shall not be used for A/E solicitations. Under QBS procedures,
competitors’ qualifications are evaluated and the most qualified competitor is selected,
subject to negotiation of fair and reasonable compensation. Price is not used as a selection
factor under this method. QBS procedures shall not be used to purchase other types of
services, though architectural/engineering firms are potential sources.
Noncompetitive Proposals
A. Conditions for Use. Procurement by noncompetitive proposals (sole-source) may be used
only when the award of a contract is not feasible using small purchase procedures, sealed
bids, cooperative purchasing, or competitive proposals, and if one of the following applies:
1. The item is available only from a single source, based on a good faith review of available
sources;
2. An emergency exists that seriously threatens the public health, welfare, or safety, or
endangers property, or would otherwise cause serious injury to the FHA, as may arise by
reason of a flood, earthquake, epidemic, riot, equipment failure, or similar event. In such
cases, there must be an immediate and serious need for supplies, services, or construction
such that the need cannot be met through any of the other procurement methods, and the
emergency procurement shall be limited to those supplies, services, or construction
necessary simply to meet the emergency;
3. HUD authorizes the use of noncompetitive proposals; or
4. After solicitation of a number of sources, competition is determined inadequate.
B. Justification. Each procurement based on noncompetitive proposals shall be supported by a
written justification for the selection of this method. The justification shall be approved in
writing by the responsible Contracting Officer. Poor planning or lack of planning is not
justification for emergency or sole-source procurements. The justification, to be included in
the procurement file, should include the following information:
1. Description of the requirement;
2. History of prior purchases and their nature (competitive vs. noncompetitive);
3. The specific exception in 24 CFR 85.36(d)(4)(i)(A) through (D) which applies;
4. Statement as to the unique circumstances that require award by noncompetitive proposals;
5. Description of the efforts made to find competitive sources (advertisement in trade
journals or local publications, phone calls to local suppliers, issuance of a written
solicitation, etc.);
6. Statement as to efforts that will be taken in the future to promote competition for the
requirement;
7. Signature by the Contracting Officer’s supervisor (or someone above the level of the
Contracting Officer); and
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8. Price Reasonableness. The reasonableness of the price for all procurements based on
noncompetitive proposals shall be determined by performing an analysis, as described in
this Policy.
Cooperative Purchasing/Intergovernmental Agreements
The FHA may enter into State and/or local cooperative or intergovernmental agreements to
purchase or use common supplies, equipment, or services. The decision to use an interagency
agreement instead of conducting a direct procurement shall be based on economy and efficiency.
If used, the interagency agreement shall stipulate who is authorized to purchase on behalf of the
participating parties and shall specify inspection, acceptance, termination, payment, and other
relevant terms and conditions. The FHA may use Federal or State excess and surplus property
instead of purchasing new equipment and property if feasible and if it will result in a reduction of
project costs. The goods and services obtained under a cooperative purchasing agreement must
have been procured in accordance with 24 CFR 85.36.
ICE
For all purchases above the Micro Purchase threshold, the FHA shall prepare an ICE prior to
solicitation. The level of detail shall be commensurate with the cost and complexity of the item
to be purchased.
COST AND PRICE ANALYSIS
The FHA shall require assurance that, before entering into a contract, the price is reasonable, in
accordance with the following instructions.
Petty Cash and Micro Purchases
No formal cost or price analysis is required. Rather, the execution of a contract by the
Contracting Officer (through a Purchase Order or other means) shall serve as the Contracting
Officer’s determination that the price obtained is reasonable, which may be based on the
Contracting Officer’s prior experience or other factors.
Small Purchases
A comparison with other offers shall generally be sufficient determination of the reasonableness
of price and no further analysis is required. If a reasonable number of quotes is not obtained to
establish reasonableness through price competition, the Contracting Officer shall document price
reasonableness through other means, such as prior purchases of this nature, catalog prices, the
Contracting Officer’s personal knowledge at the time of purchase, comparison to the ICE, or any
other reasonable basis.
Sealed Bids
The presence of adequate competition should generally be sufficient to establish price
reasonableness. Where sufficient bids are not received, and when the bid received is substantially
more than the ICE, and where the FHA cannot reasonably determine price reasonableness, the
FHA must conduct a cost analysis, consistent with federal guidelines, to ensure that the price
paid is reasonable.
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Competitive Proposals
The presence of adequate competition should generally be sufficient to establish price
reasonableness. Where sufficient bids are not received, the FHA must compare the price with the
ICE. For competitive proposals where prices cannot be easily compared among offerors, where
there is not adequate competition, or where the price is substantially greater than the ICE, the
FHA must conduct a cost analysis, consistent with Federal guidelines, to ensure that the price
paid is reasonable.
Contract Modifications
A cost analysis, consistent with federal guidelines, shall be conducted for all contract
modifications for projects that were procured through Sealed Bids, Competitive Proposals, or
Non-Competitive Proposals, or for projects originally procured through Small Purchase
procedures and the amount of the contract modification will result in a total contract price in
excess of $100,000.
SOLICITATION AND ADVERTISING
Method of Solicitation
A. Petty Cash and Micro Purchases. The FHA may contact only one source if the price is
considered reasonable.
B. Small Purchases. Quotes may be solicited orally, through fax, or by any other reasonable
method.
C. Sealed Bids and Competitive Proposals. Solicitation must be done publicly. The FHA must
use one or more following solicitation methods, provided that the method employed provides
for meaningful competition.
1. Advertising in newspapers or other print mediums of local or general circulations.
2. Advertising in various trade journals or publications (for construction).
3. E-Procurement. The FHA may conduct its public procurements through the Internet using
e-procurement systems. However, all e-procurements must otherwise be in compliance
with 24 CFR 85.36, State and local requirements, and the Authority’s procurement policy.
Time Frame
For purchases of more than $100,000, the public notice should run not less than once each week
for two consecutive weeks.
Form
Notices/advertisements should state, at a minimum, the place, date, and time that the bids or
proposals are due, the solicitation number, a contact who can provide a copy of, and information
about, the solicitation, and a brief description of the needed items(s).
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Time Period for Submission of Bids
A minimum of 30 days shall generally be provided for preparation and submission of sealed bids
and 15 days for competitive proposals. However, the Executive Director may allow for a shorter
period under extraordinary circumstances.
Cancellation of Solicitations
A. An IFB, RFP, or other solicitation may be cancelled before bids/offers are due if:
1. The supplies, services or construction is no longer required;
2. The funds are no longer available;
3. Proposed amendments to the solicitation are of such magnitude that a new solicitation
would be best; or
4. Other similar reasons.
B. A solicitation may be cancelled and all bids or proposals that have already been received may
be rejected if:
1. The supplies or services (including construction) are no longer required;
2. Ambiguous or otherwise inadequate specifications were part of the solicitation;
3. All factors of significance to the FHA were not considered;
4. Prices exceed available funds and it would not be appropriate to adjust quantities to come
within available funds;
5. There is reason to believe that bids or proposals may not have been independently
determined in open competition, may have been collusive, or may have been submitted in
bad faith; or
6. For good cause of a similar nature when it is in the best interest of the FHA.
C. The reasons for cancellation shall be documented in the procurement file and the reasons for
cancellation and/or rejection shall be provided upon request.
D. A notice of cancellation shall be sent to all bidders/offerors solicited and, if appropriate, shall
explain that they will be given an opportunity to compete on any resolicitation or future
procurement of similar items.
E. If all otherwise acceptable bids received in response to an IFB are at unreasonable prices an
analysis should be conducted to see if there is a problem in either the specifications or the
FHA’s cost estimate. If both are determined adequate and if only one bid is received and the
price is unreasonable, the Contracting Officer may cancel the solicitation and either
1. Re-solicit using an RFP; or
2. Complete the procurement by using the competitive proposal method. The Contracting
Officer must determine, in writing, that such action is appropriate, must inform all
bidders of the FHA’s intent to negotiate, and must give each bidder a reasonable
opportunity to negotiate.
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F. If problems are found with the specifications, FHA should cancel the solicitation, revise
the specifications and resolicit using an IFB.
Credit (or Purchasing) Cards
Credit card usage should follow the rules for all other small purchases. For example, the
Contracting Officer may use a credit card for Micro Purchases without obtaining additional
quotes provided the price is considered reasonable. However, for amounts above the Micro
Purchase level, the Contracting Officer would generally need to have obtained a reasonable
number of quotes before purchasing via a credit card.
When using credit cards, the FHA should adopt reasonable safeguards to assure that they are
used only for intended purposes (for instance, limiting the types of purchases or the amount of
purchases that are permitted with credit cards).
BONDING REQUIREMENTS
The standards under this section apply to construction contracts that exceed $100,000. There are
no bonding requirements for small purchases or for competitive proposals. The FHA may require
bonds in these latter circumstances when deemed appropriate; however, non-construction
contracts should generally not require bid bonds.
A. Bid Bonds. For construction contracts exceeding $100,000, offerors shall be required to
submit a bid guarantee from each bidder equivalent to 5% of the bid price.
B. Payment Bonds. For construction contracts exceeding $100,000, the successful bidder shall
furnish an assurance of completion. This assurance may be any one of the following four:
1. A performance and payment bond in a penal sum of 100% of the contract price; or
2. Separate performance and payment bonds, each for 50 % or more of the contract price; or
3. A 20 % cash escrow; or
4. A 25 % irrevocable letter of credit.
C. These bonds must be obtained from guarantee or surety companies acceptable to the U. S.
Government and authorized to do business in the State where the work is to be performed.
Individual sureties shall not be considered. U. S. Treasury Circular Number 570 lists
companies approved to act as sureties on bonds securing Government contracts, the
maximum underwriting limits on each contract bonded, and the States in which the company
is licensed to do business. Use of companies on this circular is mandatory.
CONTRACTOR QUALIFICATIONS AND DUTIES
Contractor Responsibility
PHAs shall not award any contract until the prospective contractor, i.e., low responsive bidder, or
successful offeror, has been determined to be responsible. A responsible bidder/offeror must:
A. Have adequate financial resources to perform the contract, or the ability to obtain them;
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B. Be able to comply with the required or proposed delivery or performance schedule, taking
into consideration all the bidder’s/offeror’s existing commercial and governmental business
commitments;
C. Have a satisfactory performance record;
D. Have a satisfactory record of integrity and business ethics;
E. Have the necessary organization, experience, accounting and operational controls, and
technical skills, or the ability to obtain them;
F. Have the necessary production, construction, and technical equipment and facilities, or the
ability to obtain them; and,
G. Be otherwise qualified and eligible to receive an award under applicable laws and
regulations, including not be suspended, debarred or under a HUD-imposed LDP.
If a prospective contractor is found to be non-responsible, a written determination of non-
responsibility shall be prepared and included in the official contract file, and the prospective
contractor shall be advised of the reasons for the determination.
Suspension and Debarment
Contracts shall not be awarded to debarred, suspended, or ineligible contractors. Contractors may be
suspended, debarred, or determined to be ineligible by HUD in accordance with HUD
regulations (24 CFR Part 24) or by other Federal agencies, e.g., Dept of Labor for violation of
labor regulations, when necessary to protect housing authorities in their business dealings.
Vendor Lists
All interested businesses shall be given the opportunity to be included on vendor mailing lists.
Any lists of persons, firms, or products which are used in the purchase of supplies and services
(including construction) shall be kept current and include enough sources to ensure competition.
CONTRACT PRICING ARRANGEMENTS
Contract Types
Any type of contract which is appropriate to the procurement and which will promote the best
interests of the FHA may be used, provided the cost -plus-a-percentage-of-cost and
percentage-of-construction-cost methods are not used. All solicitations and contracts shall
include the clauses and provisions necessary to define the rights and responsibilities of both the
contractor and FHA.
For all cost reimbursement contracts, FHA must include a written determination as to why no
other contract type is suitable. Further, the contract must include a ceiling price that the
contractor exceeds at its own risk.
Options
Options for additional quantities or performance periods may be included in contracts, provided
that:
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A. The option is contained in the solicitation;
B. The option is a unilateral right of the Authority;
C. The contract states a limit on the additional quantities and the overall term of the contract;
D. The options are evaluated as part of the initial competition;
E. The contract states the period within which the options may be exercised;
F. The options may be exercised only at the price specified in or reasonably determinable from
the contract; and
G. The options may be exercised only if determined to be more advantageous to FHA than
conducting a new procurement.
CONTRACT CLAUSES
All contracts should identify the contract pricing arrangement as well as other pertinent terms and
conditions, as determined by the FHA.
Additionally, the forms HUD-5369, 5369-A, 5369-B, 5369, 5370, 5370-C, and 51915-A , which
contain all HUD-required clauses and certifications for contracts of more than $100,000,
as well as any forms/clauses as required by HUD for small purchases, shall be used in all corresponding
solicitations and contracts issued by this Authority.
CONTRACT ADMINISTRATION
The FHA shall maintain a system of contract administration designed to ensure that contractors
perform in accordance with their contracts. These systems shall provide for inspection of
supplies, services, or construction, as well as monitoring contractor performance, status reporting
on major projects including construction contracts, and similar matters. For cost-reimbursement
contracts, costs are allowable only to the extent that they are consistent with the cost principles in
HUD Handbook 2210.18.
SPECIFICATIONS
General
All specifications shall be drafted so as to promote overall economy for the purpose intended and to
encourage competition in satisfying FHA needs. Specifications shall be reviewed prior to
issuing any solicitation to ensure that they are not unduly restrictive or represent unnecessary or
duplicative items. Function or performance specifications are preferred. Detailed product
specifications shall be avoided whenever possible. Consideration shall be given to consolidating
or breaking out procurements to obtain a more economical purchase. For equipment purchases, a
lease versus purchase analysis should be performed to determine the most economical form of
procurement.
Limitation
The following types of specifications shall be avoided:
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A. geographic restrictions not mandated or encouraged by applicable Federal law (except for
A/Econtracts, which may include geographic location as a selection factor if adequate
competition is available);
B. brand name specifications (unless the specifications list the minimum essential characteristics
and standards to which the item must conform to satisfy its intended use).
Nothing in this procurement policy shall preempt any State licensing laws. Specifications shall be
reviewed to ensure that organizational conflicts of interest do not occur.
APPEALS AND REMEDIES
General
It is FHA policy to resolve all contractual issues informally and without litigation. Disputes will
not be referred to HUD unless all administrative remedies have been exhausted. When
appropriate, a mediator may be used to help resolve differences.
Informal Appeals Procedure
The FHA shall adopt an informal bid protest/appeal procedure for contracts of $100,000 or less.
Under these procedures, the bidder/contractor may request to meet with the appropriate Contract
Officer.
Formal Appeals Procedure
A formal appeals procedure shall be established for solicitations/contracts of more than
$100,000.
A. Bid Protest. Any actual or prospective contractor may protest the solicitation or award of a
contract for serious violations of the principles of this Policy. Any protest against a
solicitation must be received before the due date for the receipt of bids or proposals, and any
protest against the award of a contract must be received within ten (10) calendar days after
the contract receives notice of the contract award, or the protest will not be considered. All
bid protests shall be in writing, submitted to the Contracting Officer or designee, who shall
issue a written decision on the matter. The Contracting Officer may, at his/her discretion,
suspend the procurement pending resolution of the protest if the facts presented so warrant.
B. Contractor Claims. All claims by a contractor relating to performance of a contract shall be
submitted in writing to the Contracting Officer for a written decision. The contractor may
request a conference on the claim. The Contracting Officer’s decision shall inform the
contractor of its appeal rights to the next higher level of authority in FHA. Contractor claims
shall be governed by the Changes clause in the form HUD-5370.
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ASSISTANCE TO SMALL AND OTHER BUSINESSES
Required Efforts
Consistent with Presidential Executive Orders 11625, 12138, and 12432, and Section 3 of the
HUD Act of 1968, all feasible efforts shall be made to ensure that small and minority-owned
businesses, women’s business enterprises, and other individuals or firms located in or owned in
substantial part by persons residing in the area of the FHA project are used when possible. Such
efforts shall include, but shall not be limited to:
A. Including such firms, when qualified, on solicitation mailing lists;
B. Encouraging their participation through direct solicitation of bids or proposals whenever they
are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by such firms;
D. Establishing delivery schedules, where the requirement permits, which encourage
participation by such firms;
E. Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce;
F. Including in contracts, to the greatest extent feasible, a clause requiring contractors, to
provide opportunities for training and employment for lower income residents of the project
area and to award subcontracts for work in connection with the project to business concerns
which provide opportunities to low-income residents, as described in 24 CFR Part 135 (so-
called Section 3 businesses); and
G. Requiring prime contractors, when subcontracting is anticipated, to take the positive steps
listed above.
Goals shall be established periodically for participation by small businesses, minority-owned
businesses, women-owned business enterprises, labor surplus area businesses, and Section 3
business concerns in FHA prime contracts and subcontracting opportunities.
Definitions
1. A small business is defined as a business that is: independently owned; not dominant in
its field of operation; and not an affiliate or subsidiary of a business dominant in its field
of operation. The size standards in 13 CFR Part 121 should be used to determine
business size.
2. A minority-owned business is defined as a business which is at least 51% owned by one or
more minority group members; or, in the case of a publicly-owned business, one in
which at least 51% of its voting stock is owned by one or more minority group members,
and whose management and daily business operations are controlled by one or more such
individuals. Minority group members include, but are not limited to Black Americans,
Hispanic Americans, Native Americans, Asian Pacific Americans, Asian Indian
Americans, and Hasidic Jewish Americans.
3. A women’s business enterprise is defined as a business that is at least 51% owned by a
woman or women who are U.S. citizens and who control and operate the business.
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4. A “Section 3 business concern” is as defined under 24 CFR Part 135.
5. A labor surplus area business is defined as a business which, together with its
immediate subcontractors, will incur more than 50% of the cost of performing the
contract in an area of concentrated unemployment or underemployment, as defined by the
DOL in 20 CFR Part 654, Subpart A, and in the list of labor surplus areas published by
the Employment and Training Administration.
BOARD APPROVAL OF PROCUREMENT ACTIONS
Other than approval of this Procurement Policy, approval by the Board of Commissioners is not
required for any procurement action, as permitted under State and local law. Rather, it is the
responsibility of the Executive Director to make sure that all procurement actions are conducted
in accordance with the policies contained herein.
DELEGATION OF CONTRACTING AUTHORITY
While the Executive Director is responsible for ensuring that the FHA’s procurements comply
with this Policy, the Executive Director may delegate all procurement authority as is necessary
and appropriate to conduct the business of the Agency.
Further, and in accordance with this delegation of authority, the Executive Director shall, where
necessary, establish operational procedures (such as a procurement manual or standard operating
procedures) to implement this Policy. The Executive Director shall also establish a system of
sanctions for violations of the ethical standards described in Section III below, consistent with
Federal, State, or local law.
DOCUMENTATION
The FHA must maintain records sufficient to detail the significant history of each procurement
action. These records shall include, but shall not necessarily be limited to, the following:
A. Rationale for the method of procurement (if not self-evident);
B. Rationale of contract pricing arrangement (also if not self-evident);
C. Reason for accepting or rejecting the bids or offers;
D. Basis for the contract price (as prescribed in this handbook);
E. A copy of the contract documents awarded or issued and signed by the Contracting
Officer;
F. Basis for contract modifications; and
G. Related contract administration actions.
The level of documentation should be commensurate with the value of the procurement.
Records are to be retained for a period of three years after final payment and all matters
pertaining to the contact are closed.
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DISPOSITION OF SURPLUS PROPERTY
Property no longer necessary for the FHA’s purposes (non-real property) shall be transferred,
sold, or disposed of in accordance with applicable Federal, state, and local laws and regulations.
FUNDING AVAILABILITY
Before initiating any contract, the FHA shall ensure that there are sufficient funds available to
cover the anticipated cost of the contract or modification.
SELF-CERTIFICATION
The FHA self-certifies that this Procurement Policy, and the FHA’s procurement system,
complies with all applicable Federal regulations and, as such, the FHA is exempt from prior
HUD review and approval of individual procurement action.
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