[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR135.11]



[Page 727-728]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 135_ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS

--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  135.11  Other laws governing training, employment, and contracting.



    Other laws and requirements that are applicable or may be applicable 

to the economic opportunities generated from the expenditure of section 

3 covered assistance include, but are not necessarily limited to those 

listed in this section.

    (a) Procurement standards for States and local governments (24 CFR 

85.36)--(1) General. Nothing in this part 135 prescribes specific 

methods of procurement. However, neither section 3 nor the requirements 

of this part 135 supersede the general requirement of 24 CFR 85.36(c) 

that all procurement transactions be conducted in a competitive manner. 

Consistent with 24 CFR 85.36(c)(2), section 3 is a Federal statute that 

expressly encourages, to the maximum extent feasible, a geographic 

preference in the evaluation of bids or proposals.

    (2) Flexible Subsidy Program. Multifamily project mortgagors in the 

Flexible Subsidy Program are not required to utilize the methods of 

procurement in 24 CFR 85.36(d), and are not permitted to utilize methods 

of procurement that would result in their award of a contract to a 

business concern that submits a bid higher than the lowest responsive 

bid. A multifamily project mortgagor, however, must ensure that, to the 

greatest extent feasible, the procurement practices it selects provide 

preference to section 3 business concerns.

    (b) Procurement standards for other recipients (OMB Circular No. A-

110). Nothing in this part prescribes specific methods of procurement 

for grants and other agreements with institutions of higher education, 

hospitals, and other nonprofit organizations. Consistent with the 

requirements set forth in OMB Circular No. A-110, section 3 is a



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Federal statute that expressly encourages a geographic preference in the 

evaluation of bids or proposals.

    (c) Federal labor standards provisions. Certain construction 

contracts are subject to compliance with the requirement to pay 

prevailing wages determined under Davis-Bacon Act (40 U.S.C. 276a--276a-

7) and implementing U.S. Department of Labor regulations in 29 CFR part 

5. Additionally, certain HUD-assisted rehabilitation and maintenance 

activities on public and Indian housing developments are subject to 

compliance with the requirement to pay prevailing wage rates, as 

determined or adopted by HUD, to laborers and mechanics employed in this 

work. Apprentices and trainees may be utilized on this work only to the 

extent permitted under either Department of Labor regulations at 29 CFR 

part 5 or for work subject to HUD-determined prevailing wage rates, HUD 

policies and guidelines. These requirements include adherence to the 

wage rates and ratios of apprentices or trainees to journeymen set out 

in ``approved apprenticeship and training programs,'' as described in 

paragraph (d) of this section.

    (d) Approved apprenticeship and trainee programs. Certain 

apprenticeship and trainee programs have been approved by various 

Federal agencies. Approved apprenticeship and trainee programs include: 

an apprenticeship program approved by the Bureau of Apprenticeship and 

Training of the Department of Labor, or a State Apprenticeship Agency, 

or an on-the-job training program approved by the Bureau of 

Apprenticeship and Training, in accordance with the regulations at 29 

CFR part 5; or a training program approved by HUD in accordance with HUD 

policies and guidelines, as applicable. Participation in an approved 

apprenticeship program does not, in and of itself, demonstrate 

compliance with the regulations of this part.

    (e) Compliance with Executive Order 11246. Certain contractors 

covered by this part are subject to compliance with Executive Order 

11246, as amended by Executive Order 12086, and the Department of Labor 

regulations issued pursuant thereto (41 CFR chapter 60) which provide 

that no person shall be discriminated against on the basis of race, 

color, religion, sex, or national origin in all phases of employment 

during the performance of Federal or Federally assisted construction 

contracts.