[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: 24CFR84.43]



[Page 494]

 

                 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.