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Housing Agency Marketplace - Housing Agency Marketplace
Customer Support: 866-526-9266

Thu. Nov 30, 2023
08:56 PM UTC

HUD Procurement Handbook 7460.8 REV 2
This handbook is originally from the U.S. Department of Housing and Urban Development (HUD)

                                                          Handbook No. 7460.8 REV 2

                     CHAPTER 1.  INTRODUCTION
This handbook sets forth both required and recommended procurement practices applicable 
to Public Housing Agencies (PHAs or agencies) for the operation, modernization, and 
development of public housing.  It incorporates changes in Federal laws, regulations, and 
other instructions, especially the increase in the Federal small purchase threshold, and aligns 
the Department’s guidance in support of asset management.
The instructions herein apply to all PHA procurement actions using Federal program grant 
funds, regardless of agency size, for the operation, modernization, and development of 
public housing. However, smaller PHAs will be governed mostly by the more streamlined 
small purchase procedures discussed in Chapter 5. Indeed, even among the largest PHAs, a 
majority of procurement actions may be conducted using small purchase procedures.

This handbook does not apply to:

•   Tribally Designated Housing Entities (TDHEs) or to Indian Housing Authorities 
•   The operation of the Section 8 Housing Choice Voucher Program, which is 
    exempted from 24 CFR 85.36 (see March 11, 1988, Federal Register, page 8050).
    Procurement activities within the voucher program, therefore, are governed by
    applicable state and local law (see Chapter 13 of this handbook). To the extent that 
    the PHA utilizes procurement practices for its voucher program    that are different 
    from those required under 24 CFR 85.36, the PHA should incorporate those 
    differences in its procurement policy; or 
•   Income generated by the Central Office Cost Center through reasonable fee-for-
    service arrangements under 24 part 990, e.g., management fees, bookkeeping fees, 
    asset management fees, etc. Such fee income is not considered Federal program 
    income and subject to 24 CFR part 85. Fee income is governed only by State and 
    local requirements, as applicable.
While this handbook is intended as the primary reference document for all PHA
procurement matters, no document can be all-inclusive. Where situations arise that have not 
been addressed in this handbook, the PHA is urged to contact the local HUD field office. 
On a more limited basis, additional procurement-related technical assistance is available 
within HUD’s Office of the Chief Procurement Officer (OCPO)and its three field-based 
Field Contracting Operations (Atlanta, Denver, and Philadelphia). Where necessary, the 
local HUD field office representatives can facilitate access to these latter resources.
To distinguish between instructions in this handbook that are mandatory versus those that 
are advisory, the following terms have the following meanings:

•   “Shall” and “must,” mean that an action or item is mandatory and is required by 
    statute or regulation.  Regulatory and statutory citations are provided throughout 
    this handbook.


                                                          Handbook No. 7460.8 REV 2
•   “Should” and “may,” mean that the action or item serves to provide guidance 
    and/or best practices but is not mandatory.

1.3 Source Requirements
For administrative program purposes, PHAs are considered “local government(s)” and 
public housing assistance in the form of Operating Fund or Capital Fund assistance (or other 
grant assistance covered by 24 CFR Part 85) are considered a “Federal program grant 
funds.” As such, PHAs are governed by Part 85 of Title 24 of the Code of Federal 
Regulations (24 CFR Part 85), Administrative Requirements for Grants and Cooperative 
Agreements to State, Local, and Federally Recognized Indian Tribal Governments. 24 CFR 
Part 85 is also known as the “Common Rule” in that it applies to all state and local 
government recipients of Federal housing assistance grants. Section 85.36 of this “Common 
Rule” is the controlling regulation governing procurement activity. Among other items, 24 
CFR 85.36 provides for full and open competition in all PHA procurement matters. The 
standards provided in this handbook are basic principles that each grantee must adhere to 
when it contracts for needed items using Federal program grant funds. 

PHAs are also required to follow applicable State or local laws on procurement, depending 
on their location.  In some cases, the Federal standards are stricter than State or local law. In 
such cases, the PHA must comply with the applicable Federal law and the rules in 24 CFR 
85.36. If State or local law is stricter than Federal standards, then State or local law will 
apply.  Additional guidance on dealing with State and local regulations governing 
procurement is covered in Chapter 13 of this handbook.  Other regulations that affect 
specific aspects of a PHA’s procurement program include: 

•   24 CFR Part 135 – Economic Opportunities for Low- and Very Low-Income 
    Persons, which implements Section 3 of the Housing and Urban Development Act 
    of 1968

•   24 CFR 941, Subpart F – Public/Private Partnerships for the Mixed Finance
    Development of Public Housing Units

•   24 CFR Part 943 – PHA Consortia and Joint Ventures 

•   24 CFR Part 963 – Public Housing — Contracting with Resident Owned 

•   24 CFR Part 964 – Tenant Participation and Tenant Opportunities in Public

•   24 CFR Part 965 – PHA-Owned or Leased Projects – General Provisions (see
    Subpart A on pre-emption of state prevailing wage requirements)

•   24 CFR Part 968 – Public Housing Modernization (see 968.110 on wage provisions 
    and 968.135 on contracting requirements)

•   24 CFR Part 990 – The Public Housing Operating Fund Program (see Section
    990.170 on utilities)



                                                          Handbook No. 7460.8 REV 2
1-4 Consistency with Good Business Practices
The fundamental goal of a PHA’s procurement system should be to satisfy end users in 
terms of cost, quality, and timeliness of the delivered product or service while complying 
with applicable laws, rules (e.g., HUD regulations and notices), and the PHA’s own 
policies. Further, those involved in the procurement function should exercise personal 
initiative and sound business judgment in providing the best value product or service in 
meeting the agency’s needs. Consistent with that goal, Contracting Officers may assume 
that, if a specific strategy, practice, policy or product is in the best interests of the PHA and 
is not addressed in this handbook, nor prohibited by law, executive order, regulation, or 
other directive including the PHA’s own policy, the strategy, practice, policy or procedure 
may be a permissible exercise of authority.  Contracting Officers are advised to seek advice 
whenever they have doubts about an intended strategy, practice, policy or procedure. 

1-5 State and Local Law.
Each PHA operates under a different set of State and/or local laws. In some cases, the 
Federal standards may be more stringent than the State or local law/regulation. In general, 
the PHA must comply with whichever is more stringent. It would be impossible for the 
Department to provide guidance on each and every State/local requirement affecting 
procurement. A more complete discussion of the relationships between Federal, State, and 
local laws is found in Chapter 13. 

1-6 Public Access to Procurement Information
Certain information about PHA procurements is normally considered public (e.g., name of 
the winning contractor and total contract price) and should be released to the public in 
accordance with the PHA’s procurement policy and applicable State laws and regulations 
governing freedom of information.  Other information related to procurement is often 
protected from disclosure (e.g., proprietary business information such as technical methods 
or processes, detailed pricing information, personal information, or the PHA’s pre-decided 
information such as internal proposal evaluations).  PHAs must exercise caution to ensure 
that protected information is not made public.  Contracting personnel should consult the 
PHA’s legal counsel whenever there is any question regarding the release of information.

In addition to laws requiring the publication of procurement opportunities, many State 
governments have enacted Freedom of Information or similar laws designed to further the 
goal of open government by providing public access to procurement information. These 
laws are not uniform as each State has a different set of rules defining what type of 
information is considered public as well as how and when it may be released. The State law 
on public records may or may not apply to the PHA’s procurement actions. Each PHA must 
incorporate applicable State laws into its procurement policy and ensure that procurement 
actions are conducted in accordance with such laws.

1.7 Availability of HUD Forms and Documents
All required forms listed in this document, as well as relevant HUD notices, handbooks, and 
regulations, can be found online through one or more of the following:



                                                          Handbook No. 7460.8 REV 2
•   Information related to the public housing programs and their requirements is 
    available at HUD’s Office of Public and Indian Housing web site:
•   Valuable procurement-related information and contacts to HUD personnel who can
    provide procurement-related technical assistance are available at HUD’s OCPO’s 
    web site:
•   HUD forms may be found through:
Please note that any mandatory forms or clauses discussed in this handbook must not be 
modified without written HUD approval. HUD field offices may approve changes to forms 
necessary to conform to State and local laws, subject to concurrence by HUD field office 
counsel. Other changes to these forms shall only be made with the written authorization of 
the Assistant Secretary for Public and Indian Housing. 
1.8 Paperwork Reduction Information
The information collection requirements contained in this handbook has been approved by 
the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) and assigned OMB control number(s) 2535-0117; 2577-0157; 2577-
0039; 2577-0025; 2577-0155; and 2577-0015. In accordance with the Paperwork Reduction 
Act, HUD may not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a currently valid OMB control 

Any new information collection and reporting requirements not covered under previous 
approvals will require a new package to be prepared and submitted to OMB for review.

1.9 Glossary
The following is a list of key procurement and contracting terms and definitions used 
throughout this handbook.  

Acceptance – The act of an authorized representative of the PHA acknowledging that the 
supplies or services delivered to or received by the PHA conform to contract requirements.

Annual Contributions Contract (ACC) – Entered into between HUD and the PHA, 
setting forth terms and conditions for the operation, modernization, and development of 
public housing. The current version of the ACC (form HUD-53012-A, 7/95) does not 
actually contain any specific language governing PHA procurement activity, but 
incorporates by reference regulations promulgated by HUD at Title 24 of the Code of
Federal Regulations, as well as all applicable laws and executive orders, and 

Amendment – Written revision or clarification made to a solicitation.



                                                          Handbook No. 7460.8 REV 2

Anti-competitive Practices – Actions by potential contractors that improperly reduce or 
eliminate competition or restrain trade.  Examples are:  an agreement or understanding 
among competitors to restrain trade, such as submitting collusive bids or proposals, rotating 
low bids, follow-the-leader pricing, or sharing of the business. Competition may also be 
wrongfully discouraged by illicit business actions that have the effect of restraining trade, 
such as controlling the resale price of products or an improper collective refusal to bid (24 
CFR 85.36(c)(1)).

Architect/Engineer (A/E) – Person (or company) usually responsible for developing the 
plans and specifications of a building or development and, in some cases, supervising the 
construction effort.

Bid – The price submitted by a bidder in the sealed bidding method of procurement.

Bidder’s List – General list of persons or firms who may be interested in contracting 
opportunities with the PHA, and in submitting bids in response to an Invitation for Bid.

Change Order – A unilateral modification made to the contract by the Contracting Officer 
under the authority of the contract’s Changes clause.  Only the specific changes permitted 
by the particular Changes clause may be made under a change order (e.g., modify the 
drawings, design, specifications, method of shipping or packaging, place of inspection, 
delivery, acceptance, or other such contractual requirement; see form HUD-5370).  All 
change orders must be within the scope of the contract.

Changed Conditions – Construction site or repair conditions that differ significantly from 
those indicated in the contract or from those ordinarily encountered in the performance of 
the specific type of work required by the contract.

Competitive Proposals – Also called contracting by negotiation, a method of procurement 
using the solicitation, evaluation, and negotiation of proposals instead of sealed bids (see 
Chapter 7 for guidance on their use).  The competitive proposal method is used for 
requirements exceeding the PHA’s small purchase threshold when conditions are not 
appropriate for sealed bidding.  (Note: Under the Qualifications-Based Selection method 
only, a Request for Qualifications (RFQ) is used in place of the RFP.)

Competitive Range – Those proposals submitted in response to a RFP that, after technical 
evaluation by the PHA’s selection panel and considering the proposed costs/prices, have a 
reasonable chance of being awarded the contract (see Chapter 7, paragraph 7.2.N for 
detailed guidance).

Consortia – These are a special kind of PHA consortium where two or more agencies join 
together to perform planning, reporting and other administrative functions, including, 
importantly, the joint preparation of a PHA Plan. Consortia are addressed separately in 
paragraph 14.7.


                                                          Handbook No. 7460.8 REV 2
Contract – A mutually binding legal relationship obligating the seller to furnish 
the supplies or services (including construction) and the PHA to pay for them.  It includes all 
types of commitments that obligate an agency to an expenditure of funds and that, except as 
otherwise authorized, are in writing.  In addition to bilateral instruments, contracts include: 
contract awards and notices of awards; job orders or task letters issued under basic ordering 
agreements, requirement contracts, or definite- or indefinite-quantity contracts; letter 
contracts; orders, such as purchase orders, under which the contract becomes effective by 
written acceptance or performance; bilateral (two-party) contract modifications; and various 
cooperative and interagency agreements (as described elsewhere in this Handbook).
Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et 

Contracting Officer – The Executive Director or an official authorized by the Executive 
Director to enter into and/or administer contracts and make related determinations and 
findings.  For the purpose of this handbook, the term includes any PHA employee 
designated and authorized to perform the duties of a Contracting Officer.

Contract Administration – All the actions taken with regard to a contract after its award.  
Administration includes monitoring the contractor’s performance to ensure compliance with 
the contract requirements, and terms and conditions.

Contract Modification – Any written alteration to a contract executed by an authorized 
contracting officer (see Chapter 11, paragraph 11.4.A).  

Contractor – An Offeror who is awarded a contract.

Contract Pricing Arrangements – The arrangement, as reflected in the contract, for how 
the vendor will be paid for services. While there are two basic contract pricing 
arrangements – firm fixed-price and cost-reimbursement – there are multiple variations on 
these models, from indefinite quantity contracts (where the exact number of deliverable 
items is not known at the time of contract award but where minimum and maximum 
quantities are stated) to cost-plus fixed-fee (where costs are reimbursed, up to an estimated 
amount, plus a specified fee). (See Chapter 11 for more detail.)  

Cost-Reimbursement Contract – The contractor is reimbursed for his/her allowable costs 
of performance up to a total estimated amount specified in the contract (see Chapter 10, 
section 10.1, for detailed guidance on cost-reimbursement contracts).  The contract may 
provide for the payment of a fee (i.e., a type of profit) in addition to costs.

Cure Notice – A document originated by the Contracting Officer and sent to notify the 
contractor that the contract may be terminated for default unless performance is corrected 
within a specified number of days.

Excusable Delay – A failure to perform within the contract period that is beyond the 
control and without fault or negligence of the contractor, as determined by the Contracting 

Federal Small Purchase Threshold – The maximum dollar amount for individual small 
purchases (see Chapter 5). The threshold is currently set at $100,000 (41 U.S.C. 403(11)). 
PHAs may establish lower thresholds.  


                                                          Handbook No. 7460.8 REV 2      

Firm Fixed Price Contract – The contractor is paid a firm fixed-price for all required work 
regardless of the contractor’s actual costs of performance (see Chapter 10, section 10.1, for 
detailed guidance on fixed-price contracts).

Independent Cost Estimate (ICE) – An estimate prepared by the PHA prior to obtaining 
offers. The degree of analysis will depend on the size and complexity of the purchase.

Inspection – The examination and/or testing of supplies and services to determine 
conformance with the contract requirements.

Instrumentality- Shall mean a subsidiary branch of the PHA through which functions or 
policies are implemented.

Intergovernmental or Interagency Agreement – An agreement between a PHA and a 
Federal, State, or local government agency (including other PHAs) for the provision of 
supplies or services.  In recent years, the terms Cooperative Agreement, Intergovernmental 
Agreement, Consortium Agreement, or Memorandum of Agreement have been used 
interchangeably and are treated the same for the purposes of this handbook.

Internal Controls – Safeguards that ensure contracting actions will be conducted in 
conformity with applicable Federal and State regulations and PHA policy.

Invitation for Bids (IFB) – Solicitation type used under the sealed bidding method of 
procurement.  This document explains the intended purchase and invites bids from potential 

Joint Venture Partner – This is a participant, other than a PHA, in a joint venture, 
partnership, or other business arrangement or contract for services with a PHA.

Level-of-Effort Contract – Contract (usually cost-reimbursement) that specifies the 
number and type of person-hours that the contractor will use in performance of the contract 

Major Change – Modification to an existing contract that is beyond the general scope of 
the contract or a change to a substantive element of the contract that is so extensive that a 
new procurement should be used. 

Micro Purchases – Small purchases under $2,000 (or lower threshold established by the 
PHA; see paragraph 5.2.B).

Negotiation – Discussions with offerors in the competitive range regarding technical and/or 
price proposals when awarding a contract using the competitive proposals method of 
procurement or when issuing modifications to existing contracts or other required 
discussion with offerors for the other methods of procurement.

Noncompetitive Proposals – Procurement through solicitation of a proposal from only one 
source, or after solicitation of a number of sources, competition is determined inadequate. 


                                                          Handbook No. 7460.8 REV 2  

Offer – A response to a solicitation (IFB or RFP) that, if accepted, would bind the offeror to 
perform the resultant contract.  Responses to invitations for bids (sealed bidding) are offers 
called “bids” or “sealed bids”, responses to requests for proposals (negotiation) are offers 
called “proposals”; however, responses to requests for quotations (small purchases) are 
“quotations,” not offers.  Small purchases become binding contracts once the vendor 
accepts the order (e.g., by signature or substantial performance of the order).  Offers 
submitted under the Qualifications-Based Selection (QBS) method are called 
“qualifications” (see paragraph 7.3.A).

Offeror - The general term for the entity that submits a response to a solicitation. For the 
purposes of this handbook, offeror may be used interchangeably with bidder, proposer, or 

Procurement – The acquiring by contract of supplies and services (including construction) 
with the PHA’s Federal program grant funds through purchase, lease, or other means. 
Procurement begins at the point when agency needs are established and includes the 
description of requirements to satisfy agency needs, solicitation and selection of sources, 
award of contracts, contract financing, contract performance, contract administration, and 
those technical and management functions directly related to the process of fulfilling agency 
needs by contract.

Proposal – The offer submitted by a potential contractor in the competitive or 
noncompetitive proposals method of procurement.

Qualification Based Selection (QBS) – A form of procurement of architect-engineering 
(A/E) or development services by competitive proposals in which price is not requested in 
the Request for Qualifications (RFQ) or used as an evaluation factor. Instead, technical 
qualifications only are reviewed negotiations are conducted with the best-qualified firm. 
Only A/E services and development partners may be procured by this method.

Quotation – The price or cost submitted by a vendor in the small purchase procedures 

Request for Proposals (RFP) – Solicitation method used under both the competitive or 
non-competitive methods of procurement.  Proposal evaluation and contractor selection are 
based on the evaluation criteria and factors for award as stated in the RFP.  Contract award 
is based on the best proposal responsive to the requirements of the statement of work 
resulting in the greatest benefit and best value to the PHA, which may not necessarily be 
primarily determined based on price.

Responsible Bidder  – A bidder who 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; 
has the necessary production, construction, and technical equipment and facilities, or the ability 
to obtain them; and is otherwise qualified and eligible to receive an award under applicable 
laws and regulations, including the fact that the bidder is not suspended, debarred or under a 
HUD-imposed Limited Denial of Participation.

Responsive Bid – A bid that conforms exactly to the requirements in the Invitation for Bids 




                                                          Handbook No. 7460.8 REV 2
Sanctions – Measures that may be invoked by HUD to exclude or disqualify contractors, 
PHA staff or agents acting on behalf of a PHA from participation in HUD programs (such 
as limited denial of participation or debarment), or measures the PHA may take regarding 
employees, officers, agents, or others who violate the ethical standards of the policies of the 
PHA (such as dismissal, reassignment, removal from position, etc.). In the case of 
violations, HUD would exercise any available remedy under the ACC, federal regulations 
and statutes, and grant agreements, including the U.S. Housing Act of 1937 as amended, 24 
CFR Parts 84 and 85, and sections 17 and 19 of the ACC. 

Sealed Bidding – A method of procurement inviting sealed bids.  This method requires: 
specifications that are clear, accurate, and complete; a public bid opening; and evaluation of 
bids and award of the contract based on the lowest price submitted by a responsive and 
responsible contractor.  Sealed bidding is the preferred method for construction (24 CFR 

Show Cause Letter – A document sent by the Contracting Officer notifying a defaulting 
contractor that the contract may be terminated for default unless the contractor can provide 
adequate justification for not terminating within a specified time period (usually 10 days).

Small Purchase Procedures – Small Purchase Procedure – A simplified method for 
acquiring supplies, materials, and services (including construction) that do not exceed the 
PHA’s small purchase threshold. (The Federal threshold is $100,000; PHAs are limited to 
this or a lower amount as specified in applicable State or local law or dictated by the PHA’s 
Procurement Policy or imposed by HUD due to PHA’s procurement performance.) (24 CFR 

Small Purchase Threshold – The per purchase dollar limit established by a PHA for small 
purchases. The threshold is set in the PHA’s procurement policy. The threshold may not 
exceed the Federal small purchase threshold (see Chapter 5, section 5.2). 

Solicitation – The general term for the agency’s request for offers from potential offerors.  
A solicitation package generally contains the proposed contract, including contract terms 
and conditions, instructions to potential offerors regarding the submission of an offer, and 
any other information needed to prepare an offer.

Solicitation Provisions – The instructions provided to bidders/offerors included in 
solicitations.  The provisions include such information as how to prepare an offer, bonding 
requirements, date and time for submission of offers, etc.  Provisions required by HUD, as 
applicable, are included on forms HUD-5369, Instructions for Bidders and HUD-5369-A, B 
and C, Representations, Certifications, etc., and HUD-5369-B for solicitations above the 
federal small purchase threshold.  

Specifications or Scope – Description of the technical requirements of a contract.

Statement of Work (SOW) – Written description of work to be performed that establishes 
the standards sought for the supplies or services furnished under the contract; typically used 
for service contracts.

Subsidiary – A type of operating entity created and operated by a PHA over which it has a 
controlling interest. It may be wholly owned or controlled by the PHA and may be a non-
profit organization.


                                                          Handbook No. 7460.8 REV 2   
Supplemental Agreement – A type of contract modification to which both parties agree.  

Termination for Cause – Termination of a contract on a unilateral basis when the 
contractor fails to perform, fails to make progress so as to endanger performance, or 
commits a default as specified in the contract.

Termination for Convenience – Termination of a contract by the PHA on a unilateral basis 
when the product or service is no longer needed or when it is in the best interest of the PHA.

Time Delay – An interruption during which supplies are not delivered or services or work 
are not completed in accordance with the performance schedule stated in the contract.

Vendor – The term often used for an offeror or contractor when talking about small 

Vendor List – List of persons or firms qualified to do business with the PHA.



                                                          Handbook No. 7460.8 REV 2
A/E – Architect/Engineer 

ABA – American Bar Association

ACC – Annual Contributions Contract

BAT – Bureau of Apprenticeship and Training

BTU – British Thermal Unit 

CEA – Comprehensive Energy Analysis 

CFR – Code of Federal Regulation

CSS – Community and Supportive Services 

DOE – U.S. Department of Energy

DOL – U.S. Department of Labor

EPC – Energy Performance Contracting

ESCO – Energy Service Company

FAR – Federal Acquisition Regulation

GAO – General Accounting Office

GSA – General Services Administration 

HOPE VI – Homeownership and Opportunity for People Everywhere

HUD – U.S. Department of Housing and Urban Development

ICE – Independent Cost Estimate

IFB – Invitation for Bids

IPP – Individual Procurement Plan

LDP – Limited Denial of Participation

LGB- Local Governing Body

LSP – Legal Service Personnel 

MBDC – Minority Business Development Center

MOC – Minority Owned Corporation 

NAICS – North American Industry Classification System

NOFA/Super NOFA – Notice of Funding Availability




                                                          Handbook No. 7460.8 REV 2
OCPO – Office of the Chief Procurement Officer

OMB – Office of Management and Budget 

PDF – Portable Document Format 

PHA – Public Housing Agency

PHAS – Public Housing Assessment System

Pub.L. – Public Law

QBS – Qualifications-Based Selection

QHWRA – Quality Housing and Work Responsibility Act

RFP – Request for Proposals

RFQ – Request for Qualifications

RMC – Resident Management Corporation 

SBDC – Small Business Development Center

SOW – Statement/Scope of Work

T-List – U.S. Treasury Circular 570

U.S.C. – United States Code

WBC – Women’s Business Centers

WBE – Women’s Business Enterprise



                                                          Handbook No. 7460.8 REV 2      



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