[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR84.43]

[Page 471]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 84-- UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents
 
                   Subpart C--Post-Award Requirements
 
Sec. 84.43  Competition.

    All procurement transactions shall be conducted in a manner to 
provide, to the maximum extent practical, open and free competition. The 
recipient shall be alert to organizational conflicts of interest as well 
as noncompetitive practices among contractors that may restrict or 
eliminate competition or otherwise restrain trade. In order to ensure 
objective contractor performance and eliminate unfair competitive 
advantage, contractors that develop or draft specifications, 
requirements, statements of work, invitations for bids and/or requests 
for proposals shall be excluded from competing for such procurements. 
Awards shall be made to the bidder or offeror whose bid or offer is 
responsive to the solicitation and is most advantageous to the 
recipient, price, quality and other factors considered. The other 
factors shall include the bidder's or offeror's compliance with Section 
3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), 
hereafter referred to as ``Section 3.'' Section 3 provides that, to the 
greatest extent feasible, and consistent with existing Federal, State, 
and local laws, and regulations, economic opportunities generated by 
certain HUD financial assistance shall be directed to low- and very low-
income persons. Solicitations shall clearly set forth all requirements 
that the bidder or offeror shall fulfill in order for the bid or offer 
to be evaluated by the recipient. Any and all bids or offers may be 
rejected when it is in the recipient's interest to do so.