[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: 24CFR963.12]



[Page 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.  963.12  Alternative procurement process.



    (a) Method of procurement. In contracting with resident-owned 

businesses, the PHA shall follow the applicable method of procurement as 

set forth in 24 CFR 85.36(d), with solicitation limited to resident-

owned businesses. Additionally, the PHA shall ensure that the method of 

procurement conforms to the procurement standards set forth in 24 CFR 

85.36(b).

    (b) Contract awards. Contracts awarded under this part shall be made 

only to resident-owned businesses that meet the requirements of Sec.  

963.10, and that comply with such other requirements as may be required 

of a contractor under the particular procurement and the Department's 

regulations. An award shall not be made to the resident-owned business 

if the contract award exceeds the independent cost estimate required by 

24 CFR 85.36(f), and the price normally paid for comparable supplies, 

services, or construction in the project area.

    (c) Contract requirements. Any contract entered into between a PHA 

and a resident-owned business under this part shall comply with: the 

contract provisions of 24 CFR 85.36(i); the provisions of 24 CFR 

85.36(h), 24 CFR 968.240(d) or 24 CFR 968.335(c)(1) governing bonding 

requirements, where applicable; and such other contract terms that may 

be applicable to the particular procurement under the Department's 

regulations. In addition to the recordkeeping requirements imposed by 24 

CFR 85.36(i), the PHA also shall maintain records sufficient to detail 

the significant history of the procurement made under this part. These 

records will include, but are not necessarily limited to the following: 

The independent cost estimate and comparable price analysis as required 

by paragraph (b) of this section; the basis for contractor selection, 

including documentation concerning the eligibility of the selected 

resident-owned business under Sec.  963.10; and the basis for 

determining the reasonableness of the proposed contract price.