HomeMy WebLinkAboutMINUTES - 06272006 - HA.3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
� 3
FROM: Rudy Tamayo, Executive Director
DATE: June 27, 2006
SUBJECT: REVISED PROCUREMENT POLICY FOR THE HOUSING AUTHORITY OF
THE: COUNTY OF CONTRA COSTA
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE the revised Procurement Policy for the Housing Authority of the County of Contra
Costa to be consistent with the compliance requirements of the U. S. Department of Housing and Urban
Development (HUD).
II. FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Housing Authority's current Procurement Policy has been in effect since January 8, 2002. It is
necessary to clarify the current policy that incorporates the provisions of HUD.
The proposed changes clarify that contracts over$100,000 must have Board of Commissioners
approval and that the Executive Director and/or the appointed designee has the authority to enter into
contracts or small purchases less than $100,000. This authority is recommended by HUD Handbook
7460.9 "Procurement Handbook for Public Housing Agencies", the procurement standards of 24 CFR
85.36, and 41 U.S.C. S 403-11. In addition, the proposed policy modifies the dollar limit threshold to
reflect that contracts and services with trainers or consultants in excess of$50,000 require
Board approval. A copy of the policy is attached for review.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve the revised Procurement Policy for the
Housing Authority of the County of Contra Costa, the Housing Authority's ability to make timely and
efficient procurements would be diminished.
CONTINUED ON ATTACHMENT: YES SIGNATURE
Rudy T ayo,#Cutive Director
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON r [ 06 APPROVED AS RECOMMENDED O�AER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
_UNANIMOUS (ABSENT'� ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS dON THE DATE SHOWN.
ATTESTED
JOHN CULLEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY 4z ,DEPUTY
H:UudyHayes\MSOFFICE\WINWORD\BOARD\BO-Procurement Policy 6-2006.doc
HOUSING AUTHORITY of the
Program
COUNTY of CONTRA COSTA Operations
Policies and Procedures
Approved: 06/27/06
Procurement Policy Revised: 00/00/00
Reviewed: 00/00/00
Established for the Housing Authority of the County of Contra Costa (HACCC) by
Board action on June 27, 2006 as referenced in appendix A. This Procurement
Policy complies with Housing and Urban Development Annual Contributions
Contract (ACC), HUD Handbook 7460.8, "Procurement Handbook for Public
Housing Agencies," and the procurement standards of 24 CFR 85.36 (text
included in Operational Procedures).
I. GENERAL PROVISIONS & PROCEEDURES
A. PURPOSE
The purpose of this Procurement Policy is to provide for the fair and
equitable treatment of all persons or firms involved in purchasing by the
HACCC; assure that supplies, services, and construction are procured
efficiently, effectively, and at the most favorable prices available to the
HACCC; promote competition in contracting; provide safeguards for
maintaining a procurement system of quality and integrity; and assure that
HACCC purchasing actions are in full compliance with applicable Federal
standards, HUD regulations, and State and local laws.
B. APPLICATION
This Procurement Policy applies to all contracts for the procurement of
supplies, services, and construction entered into by the HACCC after the
effective date of this Policy. It shall apply to every expenditure of funds by
the HACCC for public purchasing, irrespective of the source of funds,
including contracts that do not involve an obligation of funds (such as
concession contracts). However, nothing in this Policy shall prevent the
HACCC from complying with the terms and conditions of any grant,
contract, gift or bequest that is otherwise consistent with law. The term
'°procurement", as used in this Policy, includes both contracts and
modifications (including change orders) for construction or services, as
well as purchase, lease, or rental of supplies and equipment.
C. PUBLIC ACCESS TO PROCUREMENT INFORMATION
Procurement information shall be a matter of public record to the extent
provided by law.
PROCUREMENT POLICY
II. PROCUREMENT AUTHORITY AND ADMINISTRATION
A. All procurement transactions shall be administered by the Contracting
Officer, who shall be the Executive Director or designee he or she has
authorized in writing. (pursuant to HUD CFR 85.36 and 41 U.S.C. §403-
11). The Executive Director shall issue operational procedures to
implement this Policy.
1. The Executive Director or his/her designee shall ensure that:
a) procurement requirements are subject to an annual planning
process to assure efficient and economical purchasing;
b) contracts and modifications are in writing, clearly specifying the
desired supplies, services, or construction, and are supported by
sufficient documentation regarding the history of the procurement,
including as a minimum the method of procurement chosen, the
selection of the contract type, the rationale for selecting or rejecting
offers, and the basis for the contract price;
c) for procurements other than small purchases, public notice is given
of each upcoming procurement at least 10 calendar days before a
solicitation is issued; responses to such notice are honored to the
maximum extent practical; a minimum of 15 calendar days is
provided for preparation and submission of bids or proposals; and
notice of contract award is made available to the public;
d) an independent cost estimate is prepared when practicable before
solicitation issuance and is appropriately safeguarded for each
procurement above the small purchase limitation, and a cost or
price analysis is conducted of the responses received for all
procurements;
e) contract award is made to the responsive and responsible bidder
offering the lowest price (for sealed bid contracts) or contract award
is made to the offeror whose proposal offers the greatest value to
the HACCC considering price, technical and other factors as
specified in the solicitation (for contracts awarded based on
competitive proposals); unsuccessful firms are notified within ten
days after contract award;
there are sufficient unencumbered funds available to cover the
anticipated cost of each procurement before contract award or
modification (including change orders), work is inspected before
payment, and payment is made promptly for contract work
performed and accepted; and
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I-IV
g) the HACCC complies with applicable HUD review requirements.
h) Contracting Officers appointed by the Executive Director shall only
be authorized to procure goods and services under$100,000.00.
Any contract at or in excess of$100,000 requires approval from the
Housing Authority Board of Commissioners.
Ill. PROCUREMENT METHODS
When the HACCC will directly purchase the required items, one of the
following procurement methods shall be chosen based on the nature and
anticipated dollar value of the total requirement.
A. SMALL PURCHASE PROCEDURES
1. General Any contract not exceeding $100,000 may be made in
accordance with the small purchase procedures authorized in this
section. Contract requirements shall not be artificially divided so as to
constitute a small purchase under this section (except as may be
reasonably necessary to comply with Section VIII of this Statement).
All contracts at or in excess of $100,000.00 must have the
approval of the Board of Commissioners.
2. For small Purchases over $10,000 and less than $100,000.00, no
less than three offerors shall be solicited to submit price quotations that
may be obtained orally, by telephone, or in writing. Verbally received :
quotations shall be properly documented. Award shall be made to the
offeror providing the lowest acceptable quotation unless justified in
writing based on price and other specified factors (such as for
architect-engineer contracts). If non-price factors are used, they shall
be disclosed to all those solicited. The names, addresses, and/or
telephone numbers of the offerors and persons contacted, and the
date and amount of each quotation shall be recorded and maintained '
as a public record.
3. Service Contracts that Apply only to Trainers and Consultants
may be authorized by the Executive Director and/or his appointee up to
t.
$50,000.00. For contracts that pertain to the latter and exceed
$50,000.00, the approval of the Board of Commissioners is required.
4. For small purchases below $10,000, only one quotation need be,
solicited if the price received is considered reasonable. Such
purchases must be distributed equitably among qualified sources. If
practicable, a quotation shall be solicited from other than the previous
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source before placing a repeat order. Housing Authority may maintain
a list of qualified bidders per section IV.0 'Qualified Bidder's Lists'
5. Petty Cash Purchases. Small purchases, under One—hundred
Dollars [$100.00] that can be satisfied by local sources, may be
processed through the use of a petty cash account.
B. SEALED BIDS (NOT APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS)
1. Conditions for Use Contracts shall be awarded based on competitive
sealed bidding if the following conditions are present: a complete,
adequate, and realistic specification or purchase description is
available; two or more responsible bidders are willing and able to
compete effectively for the procurement; the procurement lends itself
to a firm fixed price contract; and the selection of the successful bidder
can be made principally on the basis of price. Sealed bidding is the
preferred method for construction procurement. For procurements
under the Capitol Funds Program (CFP), sealed bidding shall be used
for all construction and equipment contracts exceeding the small
purchase limitation.
2. Solicitation and Receipt of Bids: An invitation for bids shall be
issued including specifications and all contractual terms and conditions
applicable to the procurement, including a statement that award will be
made to the lowest responsible and responsive bidder whose bid
meets the requirements of the invitation for bids. The invitation for bids
shall state the time and place for both the receipt of bids and the public
bid opening. All bids received shall be time-stamped but not opened
and shall be stored in a secure place until bid opening. A bidder may
withdraw its bid at any time prior to bid opening.
3. Bid Opening and Award: Bids shall be opened publicly and in the
presence of at least one witness. An abstract of bids shall be recorded
and the bids shall be available for public inspection. Award shall be ,
made by written notice to the successful bidder as provided in the
Invitation For Bids. If equal low bids are received from responsible
bidders, award shall be made by drawing lots or similar random
method, unless otherwise stated in the Invitation For Bids. If only one
responsive bid is received from a responsible bidder, award shall not
be made unless a cost or price analysis verifies the reasonableness of
the price.
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4. Mistakes in Bids:
a) Correction or withdrawal of inadvertently erroneous bids may be
permitted, where appropriate, before bid opening by written or
telegraphic notice received in the office designated in the invitation
for bids prior to the time set for bid opening. After bid opening,
corrections in bids shall be permitted only if the bidder can show by
clear and convincing evidence that a mistake of a nonjudgmental
character was made, the nature of the mistake, and the bid. price
actually intended. A low bidder, alleging a nonjudgmental mistake,
may be permitted to withdraw its bid if the mistake is clearly evident
on the face of the bid document, the intended bid is unclear, or the
bidder submits convincing evidence that a mistake was made. Any
contention of mistakes in the bid must be consistent with the State
of California public contracts codes.
b) All decisions to allow correction or withdrawal of bid mistakes shall
be supported by a written determination signed by the Contracting
Officer. After bid opening, no changes in bid prices or provisions
prejudicial to the interest of the HACCC or fair competition shall be
permitted.
5. Bonds In addition to the other requirements of this Procurement
Procedure, the following will apply:
a) For construction contracts exceeding $25,000, other than those
specified in 5 (b) below, contractors may be required, to submit the
following, unless otherwise required by State or local laws or
regulations:
1) a bid guarantee from each bidder equivalent to 5% of the bid
price; and
2) a performance bond for 100% of the contract price; and
3) a payment bond for 100% of the contract price.
b) In the case of construction of conventional development projects
funded pursuant to the U S. Housing Act of 1937, the contractor
may be required to submit the following unless otherwise required
by State or local laws or regulations:
1) bid guarantee from each bidder equivalent to 5% of the bid"
price; and
2) one of the following:
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i. a performance and payment bond for 100% of the contract
price; or
ii. a 20% cash escrow; or
iii. a 25% irrevocable letter of credit.
C. COMPETITIVE PROPOSALS
1. Conditions for Use: Competitive proposals (including turnkey
proposals for development) may be used if there is an adequate
method of evaluating technical proposals and where the HACCC
determines that conditions are not appropriate for the use of sealed
bids. An adequate number of qualified sources shall be solicited.
2. Solicitation: The request for proposals (RFP) shall clearly identify the
relative importance of price and other evaluation factors and sub
factors, including the weight given to each technical factor and sub
factor.
3. Negotiations: Unless there is no need for negotiations with any of the
offerors, negotiations shall be conducted with offerors who submit .
proposals determined to have a reasonable chance of being selected
for award, based on evaluation against the technical and price factors
as specified in the RFP. Such offerors shall be accorded fair and equal
treatment with respect to any opportunity for negotiation and revision of
proposals. The purpose of negotiations shall be to seek clarification
with regard to and advise offerors of the deficiencies in both the
technical and price aspects of their proposals so as to assure full
understanding of and conformance to the solicitation requirements. No
offeror shall be provided information about any other offeror's proposal,
and no offeror shall be assisted in bringing its proposal up to the level
of any other proposal. Offerors shall not be directed to reduce their
proposed prices to a specific amount in order to be considered for,
award. A common deadline shall be established for receipt of proposal,,
revisions based on negotiations.
4. Award: After evaluation of proposal revisions, if any, the contract shall;
be awarded to the responsible firm whose qualifications, price, and
other factors considered, are the most advantageous to the HACCC.
5. Architect/Engineer Services: Architect/engineer services in the
excess of the small purchase limitation may be obtained by either the
competitive proposal method or qualifications-based selection
procedures. Sealed bidding shall not be used . to obtain
architect/engineer services. Under qualifications-based selection
procedures, competitors' qualifications are evaluated and the most
qualified competitor is selected, subject to the negotiation of fair and
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reasonable compensation. Price is not used as a sole selection factor
Linder this method. Qualifications-based selection procedures shall not
be used to purchase other types of services even though
architect/engineer firms are potential sources.
D. NONCOMPETITIVE PROPOSALS
I. Conditions for use: Procurements shall be conducted competitively to
the maximum extent possible. Procurement by noncompetitive
proposals may be used only when the award of a contract is not
feasible using small purchase procedures, sealed bids, or competitive
proposals, and one of the following applies:
a) The item is available only from a single source, based on a good
faith review of available sources;
b) An emergency exists that seriously threatens the public health,
welfare, or safety; or endangers property; or would otherwise cause
harm or injury to the HACCC; or may arise by reason of a flood,
earthquake, epidemic, riot, equipment failure; or unforeseeable
event which may adversely effect the operations of the HACCC. In
such cases, there must be an immediate and serious need for
supplies, services, or construction such that the need cannot be
met through other procurement methods, and the emergency
procurement shall be limited to those supplies, services, or
construction necessary to meet the emergency;
c) HUD authorizes the use of noncompetitive proposals; or
d) After solicitation of a number of sources, competition is determined
inadequate.
2. Justification: Each procurement based on noncompetitive proposals
shall be supported by a written justification for using such procedures.
The justification shall be approved in writing by the Contracting Officer.
3. Price reasonableness: The reasonableness of the price for all
procurements based on noncompetitive proposals shall be determined
by performing a cost analysis, as described in paragraph III E.
E. COST AND PRICE ANALYSIS
1. General: A cost or price analysis should be performed for all
procurement actions, including contract modifications. The method of
analysis shall depend on the facts surrounding each procurement. The
degree of analysis shall be determined as follows.
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2. Submission of Cost or Pricing Information: If the procurement is
based on noncompetitive proposals, or when only one offer is
received, or for other procurements as deemed necessary by the
HACCC (e.g. when contracting for professional, consulting, or
architect/engineer services) the offeror may be required to submit one
of the following price justifications:
a) a cost breakdown showing projected costs and profit;
b) commercial pricing and sales information, sufficient to enable the
HACCC to verify the reasonableness of the proposed price as a
catalog or market price of a commercial product sold in substantial
quantities to the general public; or
c) documentation showing that law or regulation sets the offered price.
3. Cost Analysis: Cost analysis shall be performed if an
offeror/contractor is required to submit a cost breakdown as part of its
proposal. When a cost breakdown is submitted: cost analysis, shall
be performed of the individual cost elements; the HACCC shall have a
right to audit the contractor's books and records pertinent to such costs
and profit shall be analyzed separately. Costs shall be allowable only
to the extent that they are consistent with applicable Federal cost
principles (for commercial firms, Subpart 31.2 of the Federal
Acquisition Regulation, 48 CFR Chapter 1). In establishing profit, the
HACCC shall consider factors such as the complexity and risk of the
work involved, the contractor's investment and productivity, the amount
of subcontracting, the quality of past performance, and industry profit
rates in the area for similar work.
4. A comparison of prices shall be used in all cases other than described
in III E.
F. CANCELLATION OF SOLICITATIONS
GENERAL: An invitation for bids, request for proposals, or other
solicitation may be canceled before offers are due if: the HACCC no
longer requires the supplies, services or construction; the HACCC can no
longer reasonably expect to fund the procurement; proposed amendments
to the solicitation would be of such magnitude that a new solicitation would
be desirable; or similar reasons.
1. Solicitation may be canceled and all bids or proposals that have
already been received may be rejected if: The supplies, services, or
construction are no longer required; ambiguous or otherwise
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inadequate specifications were part of the solicitation; the solicitation
did not provide for consideration of all factors of significance to the
HACCC; prices exceed available funds and it would not be appropriate
to adjust quantities to come within available funds; there is reason to
believe that bids or proposals may not have been independently
arrived at in open competition, may have been collusive, or may have
been submitted in bad faith; or, for good cause of a similar nature
when it is in the best interest of the HACCC.
2. The reasons for cancellation shall be documented in the procurement
file and the reasons for cancellation and/or rejection shall be provided
upon request to any offeror solicited.
3. A notice of cancellation shall be sent to all offerors solicited and, if
appropriate, shall explain that they will be given an opportunity to
compete on any re-solicitation or future procurement of similar items.
4. If all otherwise acceptable bids received in response to an invitation for
bids are at unreasonable prices, or only one bid is received and the
price is unreasonable, the HACCC may cancel the solicitation and
either:
a) re-solicit using a request for proposals; or
b) complete the procurement by using the competitive proposals
method following paragraphs III (C) (3) and III (C) (4) above (when
more than one otherwise acceptable bid has been received); or by
using the non-competitive proposals method and following
paragraph III (D) (2) when only one bid is received at an
unreasonable price provided that the Contracting Officer
determines in writing that such action is appropriate.
G. COOPERATIVE PURCHASING
The HACCC may enter into Federal, State and local intergovernmental
agreements to purchase or use common goods and services. The
decision to use an intergovernmental agreement or conduct a direct
procurement shall be based on economy and efficiency. If used, the
intergovernmental agreement shall stipulate who is authorized to purchase
on behalf of the participating parties and shall specify inspection,
acceptance, termination, payment, and other relevant terms and
conditions. The HACCC is encouraged to use Federal or State excess
and surplus property instead of purchasing new equipment and property
whenever such use is feasible and reduces project costs.
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IV. CONTRACTOR QUALIFICATIONS AND DUTIES
A. CONTRACTOR RESPONSIBILITY
Procurements shall be conducted only with responsible contractors
that are those who have the technical, legal, and financial competence
to perform and who have a satisfactory record of integrity. Before
awarding a contract, the HACCC shall review the proposed
contractor's ability to perform the contract successfully considering
factors such as the contractor's integrity, compliance with public policy,
record of past performance, and financial and technical resources. If a
prospective contractor is found to be non-responsible, a written
determination of non-responsibility shall be prepared and included in
the contract file and the prospective contractor shall be advised of the
reasons for the determination.
B. SUSPENSION AND DEBARMENT
Contracts shall not be awarded to debarred, suspended, or ,ineligible
contractors. Contractors may be suspended, debarred, or determined
ineligible by HUD in accordance with HUD regulations (24 CFR Part
24) when necessary to protect the HACCC in its business dealings.
("List of Parties Excluded from Federal Procurement and
Nonprocurement Programs" is published by the U. S. General Services
Administration).
C. QUALIFIED BIDDER'S LISTS
Interested businesses shall be given an opportunity to be included on
qualified bidder's lists. Any pre-qualified lists of persons, firms, or,
products which are used in the procurement of supplies or services shall
be kept current and should include enough qualified sources to ensure
competition. Firms shall not be precluded from qualifying during the
solicitation period. Solicitation mailing lists of potential contractors shall
include, but not be limited to, such pre-qualified suppliers.
V. TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION
A. CONTRACT TYPES
Any type of contract which is appropriate to the procurement and which
will promote the best interests of the HACCC may be used provided
that the cost-plus-a-percentage-of-cost and percentage of construction,
cost methods are prohibited. All procurements shall include the
clauses and provisions necessary to define the rights and'�
responsibilities of the parties. A cost reimbursement contract shall not
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be used unless it is likely to be less costly or it is impracticable to
satisfy the HACCC's needs otherwise and the proposed contractor's
accounting system is adequate to allocate costs in accordance with
applicable cost principles. A time and material contracts may be used
only if a written determination is made that no other contract type is
suitable and the contract includes a ceiling price that the contractor
exceeds at its own risk.
B. OPTIONS
Options for additional quantities or performance periods may be included
in contracts, provided that:
1. the option is contained in the solicitation;
2. the option is a unilateral right of the HACCC;
3. the contract states a limit on the additional quantities and the overall
term of the contract;
4. the options are evaluated as part of the initial competition;
5. the contract states the period within which the options may be
exercised;
6. the options may be exercised only at the price specified in or
reasonably determinable from the contract; and
7. the options may be exercised only if determined to be more
advantageous to the HACCC than conducting a new procurement.
C. CONTRACT CLAUSES
In addition to containing a clause identifying the contract type, all contracts
shall include any clauses required by Federal statutes, executive orders,
and their implementing regulations, as provided in 24 CFR 85.36(1), which
may include, but not limited to, the following:
I. 'Termination for convenience
2. 'Termination for default
3. Equal Employment Opportunity
4. ,Anti-Kickback Act
5. Davis-Bacon Act
6. Contract Work Hours and Safety Standards Act reporting requirements
7. Patent rights
8. Rights in data
9. Examination of records by Comptroller General, retention of records for
three years after closeout
10. Clean air and water
11. Energy efficiency standards
12. Bid protests and contract claims
13. Value engineering, and
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14. Payment of funds to influence certain Federal transactions
The operational procedures of this policy shall contain the text of all
clauses and required certifications (such as required non-collusive
affidavits) used by the HACCC.
D. CONTRACT ADMINISTRATION
A contract administration system designed to insure that contractors
perform in accordance with their contracts shall be maintained. The
operational procedures shall contain guidelines for inspection of supplies,
services, or construction, as well as monitoring contractor performance,
status reporting on construction contracts, and similar matters. For Cost
reimbursement contracts with commercial firms, costs are allowable only
to the extent that they are consistent with the cost principles in FAR
Subpart 31.2.
VI. SPECIFICATIONS
A. GENERAL
All specifications shall be drafted so as to promote overall economy for the
purpose intended and to encourage competition in satisfying the HACCC's
needs. Specifications shall be reviewed prior to solicitation to ensure that
they are not unduly restrictive or represent unnecessary or duplicative
items. Functional or performance specifications are preferred. Detailed
product specifications shall be avoided whenever possible. Consideration
shall be given to consolidating or breaking out procurements to obtain a
more economical purchase. For equipment purchases, a lease versus
purchase analysis may be performed to determine the most economical
form of procurement.
B. LIMITATIONS
The following specification limitations shall be avoided: geographic
restrictions not mandated or encouraged by applicable Federal law
(except for architect-engineer contracts, which may include geographic
location as a selection factor if adequate competition is available);
unnecessary bonding or experience requirement; brand name
specifications (unless a written determination is made that only the
identified item will satisfy the HACCC's needs or in order to maintain
consistency with existing Housing Authority supplies and property); brand
name or equal specifications (unless they list the minimum essential,
characteristics and standards to which the item must conform to satisfy its
intended use). Nothing in this Procurement Policy shall preempt any State
licensing laws. Specifications shall be scrutinized to ensure that'
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organizational conflicts of interest do not occur (for example, having a
consultant perform a study of the HACCC's computer needs and then
allowing that consultant to compete for the subsequent contract for the
computers).
VII. APPEALS AND REMEDIES
A. GENERAL
It is the HACCC's policy to resolve all contractual issues informally at the
HACCC level, without litigation. Disputes shall not be referred to HUD
until all administrative remedies have been exhausted at the HACCC
level. When appropriate, the HACCC may consider the use of informal
discussions between the parties by individuals who did not participate
substantially in the matter in dispute, to help resolve the differences. HUD
will only review protests in cases of violations of Federal law or regulations
and failure of the HACCC to review a complaint or protest.
B. BID PROTESTS
Any actual or prospective contractor may protest the solicitation or award
of a contract for serious violations of the principles of this Policy. Any
protest against a solicitation must be received before the due date for
receipt of bids or proposals, and any protest against the award of a
contract must be received within ten (10) calendar days after contract
award or as stipulated in the solicitation, or the protest will not be
considered. All bid protests shall be in writing and submitted to the
Contracting Officer or designee, who shall issue a written decision on the
matter. The Contracting Officer may, at his or her discretion, suspend the
procurement pending resolution of the protest if warranted by the facts
presented.
C. CONTRACT CLAIMS
All claims by a contractor relating to performance of a contract shall be
submitted in writing to the, Contracting Officer or designee for a written
decision. The contractor may request a conference on the claim.
VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES
A. REQUIRED EFFORTS
Consistent with Presidential Executive Orders 11625, 12138, and 12432,
and Section 3 of the HUD Act of 1968, the HACCC shall make efforts to
ensure that small and minority-owned businesses, women's business
enterprises, labor surplus area businesses, and individuals or firms
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located in or owned in substantial part by persons residing in the area of a
HACCC project are used when possible. Such efforts may include, but
not be limited to:
1. Including such firms, when qualified, on solicitation mailing lists;
2. E=ncouraging their participation through direct solicitation of bids or
proposals whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by such films;
4. E=stablishing delivery schedules, where the requirement permits, which
encourage participation by such firms;
5. Including in contracts a clause requiring contractors, to the greatest
extent feasible, to provide opportunities for training and employment `
for lower income residents of the project area, and to award
subcontracts for work in connection with the project to business
concerns which are located in, or owned in substantial part, by persons
residing in the area of the project;
6. (Requiring prime contractors, when subcontracting is anticipated, to „
take the positive steps listed in Al through A5 above.
B. DEFINITIONS
1. A small business is.defined as a business that is independently owned,
not dominant in its'field of operation, and not an affiliate or subsidiary
of a business dominant in its field of operation.
2. A minority-owned business is defined as a business which is at least
51% owned by one or more minority group members; or, in the case of
a publicly-owned business, one in which at least 51% of its voting
stock is owned by one or more minority group members, and whose
management and daily business operations are controlled by one or
more such individuals. Minority group members include, but are not
limited to, Black Americans, Hispanic Americans, Native Americans,
,Asian Pacific Americans and Asian Indian Americans, and Hasidic
Jewish Americans.
3. .A women's business enterprise is defined as a business that is at least
51% owned by a woman or women who are U.S. citizens and who also
control or operate the business.
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5. A labor surplus area business is defined as a business which, together
with its immediate subcontractors, will incur more than 50% of the cost
,of performing the contract in an area of concentrated unemployment or
underemployment.
6. A business concern located in the area of the project, is defined as an
individual or firm located within the relevant Section 3 covered project
area, as determined pursuant to 24 CFR 135.15, listed on HUD's
registry of eligible business concerns, and meeting the definition of .
:small business above. A business concern owned in substantial part
by persons residing in the area of the project is defined as a business
concern which is 51% or more owned by persons residing within the „
Section 3 covered project, owned by persons considered by the U.S.
Small Business Administration to be socially or economically
disadvantaged and meeting the definition of small business above.
IX. ETHICS IN PUBLIC CONTRACTING
GENERAL
The HACCC shall adhere to the following code of conduct consistent with
applicable HACCC Policy, Federal, State and local law.
A. CONFLICT OF INTEREST
No employee, officer, or agent of this HACCC may participate directly or
indirectly in the selection, award, or administration of any contract if a
conflict, real or apparent, would be involved. Such conflict would arise
when a financial or other interest in a firm selected for award is held by:
1. An employee, officer or agent involved in making the award;
2. His/her relative by blood or marriage (including father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother- in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, or half sister);
3. His/her partner; or;
4. An organization which employs, is negotiating to employ, or has an
arrangement concerning prospective employment of any of the above.
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B. GRATUITIES, KICKBACKS, AND USE OF CONFIDENTIAL
INFORMATION
HACCC officers, employees or agents shall not solicit or accept gratuities,
favors, or anything of monetary value from venders, contractors, potential
venders or contractors, or parties to subcontracts, and shall not knowingly
use confidential information for actual or anticipated personal gain.
C. PROHIBITION AGAINST CONTINGENT FEES
Contractors shall not retain a person to solicit or secure a HACCC contract
for a commission, percentage, brokerage, or contingent fee, except for
bona fide employees or bona fide established commercial selling
agencies.
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