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         CHAPTER 12.  HUD REVIEW REQUIREMENTS

HUD review of a PHA’s procurement activity is limited to those actions funded with 
Federal program grant funds.

Except as exempted under paragraph 12.5, the following contracting actions shall 
have prior HUD approval:

	A.	Noncompetitive procurements expected to exceed the Federal small 
		purchase threshold;  

	B.	Brand name-only procurements expected to exceed the Federal small 
		purchase threshold;

	C.	Awards over the Federal small purchase threshold to other than the 
		apparent low bidder under a sealed bid;

	D.	Proposed contract modifications that change the scope of the 
		contract (as per the “Changes” clause in forms HUD-5370, HUD-5370-C 
		or HUD-5370-EZ) or increasing the contract amount by more than the 
		Federal small purchase threshold;

	E.	Use of the QBS method of procurement for other than A/E services, 
		joint venture partners or developers, or energy service contracts;

	F.	For PHAs operating under the “old” ACC 53010 and 53011, any 
		agreement or contract for professional, management, fee accountants, 
		legal, or other professional services with any person or firm if the 
		total period or term of the contract, including renewal option 
		provisions, exceeds two years;

	G.	Procurements for legal or other non-personal services in connection 
		with litigation, per HUD’s Litigation Handbook, that exceed 
		$100,000;  

	H.	Procurements that exceed the amount included in (1) the HUD-approved 
		Development Cost Budget or (2) where HUD has required prior approval
		on a Notice of Deficiency or corrective action order under the 
		Capital Fund Program; 

	I.	Contracts that exceed five years, including options. To approve 
		terms in excess of five years, Field Offices must determine there 
		is no practical alternative; 

	J.	PHAs operating under the “old” ACC who enter into a transaction 
		with any joint venture, subsidiary, affiliate, or other 
		identity-of-interest entity. Section 515 of the old ACC specifies 
		that such transactions must comply with the conflict of interest 
		provisions that apply to the PHA. PHAs and their instrumentalities 
		operating under the “new” ACC must comply with the conflict of 
		interest provisions under section 19 of the new ACC;

	K.	Solicitations, and any resulting contracts, related to energy 
		performance contracting and utility add-ons, as per Chapter 17 of 
		this handbook; and 


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                                                          Handbook No. 7460.8 REV 2
                                                          
	L.	Solicitation and contracts by any PHA whose procurement procedures 
		or operations fail to comply with the procurement standards in 24 
		CFR 85.36.
                                                          
 

     
 
 The PHA shall submit all paperwork necessary for HUD to review the contracting 
 actions identified in 12.2. The HUD Field Office shall review this information, 
 and shall indicate what additional information may be necessary, as appropriate, 
 to ensure compliance with 24 CFR 85.36 and the applicable sections of this Chapter. 
 For non-competitive proposals, specifically, the PHA should comply with the 
 instructions in Chapter 8. Any changes to HUD forms or waivers to this handbook must 
 be sent to HUD Headquarters Office of Public Housing for review and approval.   
 
 

 
 The PHA shall submit to the HUD Field Office for prior approval A/E contracts, fee 
 appraiser contracts, development manager contracts, construction solicitations, 
 construction contracts, and contract modifications.
 
 

 
 
	A.	A PHA shall be exempt from the pre-award review required in 
		paragraph 12-2.A through 12.2.F  if:

		1.	The PHA requests, and HUD subsequently certifies, that its 
			procurement system be reviewed by the Field Office to 
			determine if its systems meet the standards under 24 CFR 
			85.36 and the essential requirements of this Handbook and 
			HUD Handbook 7485.1; or

		2.	The PHA self-certifies that its procurement system meets 
			the standards under 24 CFR 85.36 and the essential 
			requirements of this Handbook and HUD Handbook 7485.1.

	B.	Exemptions are granted for a one-year period and may be 
		automatically renewed each year unless the PHA is found not to 
		be in compliance with 24 CFR 85.36 or the PHA requests that the 
		exemption be rescinded.

                                                
                                                          
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