[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

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

[CITE: 24CFR963.10]



[Page 448-449]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 963_PUBLIC HOUSING_CONTRACTING WITH RESIDENT-OWNED BUSINESSES--Table 

of Contents

 

          Subpart B_Contracting With Resident-Owned Businesses

 

Sec.  963.10  Eligible resident-owned businesses.





    To be eligible for the alternative procurement process provided by 

this part, a business must meet the following requirements, and must 

submit evidence to the PHA, in the form described below, or as the PHA 

may require, that shows how each requirement has been met.

    (a) Legally formed business. The business shall submit certified 

copies of any State, county, or municipal licenses that may be required 

of the business to engage in the type of business activity for which it 

was formed. Where applicable (as for example, in the case of 

corporations), the business also shall submit a certified copy of its 

corporate charter or other organizational document that verifies that 

the business was properly formed in accordance with State law.

    (b) Resident-owned business. The business shall submit a 

certification that it is a resident-owned business as defined by this 

part. The business shall disclose to the PHA all owners of the business, 

and each owner's percentage of ownership interest in the business. The 

business also shall disclose all individuals who possess the power to 

make



[[Page 449]]



the day-to-day, as well as major, decisions on matters of management, 

policy, and operations (management officials). The business shall 

identify all owners and management officials who are not public housing 

residents, and shall disclose any relationship that these owners and 

officials may have to a business (resident- or non-resident-owned) 

engaged in the type of business activity with which the resident-owned 

business is engaged. For purposes of this part, ``relationship'' means 

employment by, or having an ownership interest in, a business. The 

business also shall submit such evidence as the PHA may require to 

verify that the owner or owners identified as public housing residents 

reside within public housing of the PHA.

    (c) Responsibility to complete contract. The business shall submit 

evidence sufficient to demonstrate to the satisfaction of the PHA that 

the business has the ability to perform successfully under the terms and 

conditions of the proposed contract. Consideration will be given to 

various factors, including but not limited to those identified in 24 CFR 

85.36(b)(8) and also to such matters as proof of completion of courses 

in business administration or financial management, and proof of job 

training or apprenticeship in the particular trade, business, 

profession, or occupation.

    (d) Limitation on alternative procurement contract awards. The 

business shall submit a certification as to the number of contracts 

awarded, and the dollar amount of each contract award received, under 

the alternative procurement process provided by this part. A resident-

owned business is not eligible to participate in the alternative 

procurement process provided by this part if the resident-owned business 

has received under this process one or more contracts with a total 

combined dollar value of $1,000,000.



[57 FR 20189, May 11, 1992, as amended at 59 FR 33895, June 30, 1994]