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Procurement Guidelines

Tifton Housing Authority
Procurement Policy and Procedures
Effective: January 1, 2023

Created and Edited By:

National Facility Consultants, Inc.
1225 Johnson Ferry Road, Suite 460
Marietta, Georgia 30068
770.977.4134

Tifton Housing Authority

Procurement Policy and Procedures

This Procurement Policy complies with the Annual Contributions Contract (ACC) between the Tifton Housing Authority (FCHA) and the United States Department of Housing and Urban Development, Federal Regulations at 2 CFR 200, and applicable State and Local laws.

General Provisions

General

The Authority shall: provide for a procurement system of quality and integrity; provide for the fair and equitable treatment of all persons or firms involved in purchasing by the Authority; ensure that supplies and services (including construction) are procured efficiently, effectively, and at the most favorable prices available to the Authority; promote competition in contracting; and assure that Authority purchasing actions are in full compliance with applicable federal standards, HUD regulations, and state and local laws.

Application

This Procurement Policy applies to all procurement actions of the Authority, regardless of the source of funds, except as noted under "exclusions," below. However, nothing in this Policy shall prevent the Authority from complying with the terms and conditions of any grant, contract, gift or bequest that is otherwise consistent with the law. When both HUD and non-Federal grant funds are used for a project, the work to be accomplished with the funds should be separately identified prior to procurement so that appropriate requirements can be applied, if necessary. If it is not possible to separate the funds, HUD procurement regulations shall be applied to the total project. If funds and work can be separated and work can be completed by a new contract, then regulations applicable to the source of funding may be followed.

Definition

The term "procurement," as used in this Policy, includes the procuring, purchasing, leasing, or renting of:

Goods, supplies, equipment, and materials,
Construction and maintenance; consultant services,
Architectural and Engineering (A/E) services,
Social Services, and
Other services.

Exclusions

This policy does not govern non-program income, e.g., fee-for-service revenue under 24 CFR Part 990. This excluded area is subject to applicable State and local requirements.

Changes in Laws and Regulations

In the event an applicable law or regulation is modified or eliminated, or a new law or regulation is adopted, the revised law or regulation shall, to the extent inconsistent with these Policies, automatically supersede these Policies.

Public Access to Procurement Information

Most procurement information that is not proprietary is a matter of public record and shall be available to the public to the extent provided in Section 50-18 of the Georgia Public Records Law.

Ethics in Public Contracting

General

The Authority hereby establishes this code of conduct regarding procurement issues and actions and shall implement a system of sanctions for violations. This code of conduct, etc., is consistent with applicable Federal, State, or local law.

Conflicts of Interest

No employee, officer, Board member, or agent of the Authority shall participate directly or indirectly in the selection, award, or administration of any contract if a conflict of interest, either real or apparent, would be involved. This type of conflict would be when one of the persons listed below has a financial or any other type of interest in a firm competing for the award:

An employee, officer, Board member, or agent involved in making the award;
His/her relative (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);
His/her partner; or
An organization which employs or is negotiating to employ, or has an arrangement concerning prospective employment of any of the above in an executive role.

Gratuities, Kickbacks, and Use of Confidential Information

No officer, employee, Board member, or agent shall ask for or accept gratuities, favors, or items of more than $25 in value from any contractor, potential contractor, or party to any subcontract, and shall not knowingly use confidential information for actual or anticipated personal gain. Reasonable meals or other related items that are incidental to a business event or gathering and generally available to all participants are not prohibited.

Prohibition Against Contingent Fees

Contractors wanting to do business with the Authority must not hire a person to solicit or secure a contract for a commission, percentage, brokerage, or contingent fee, except for bona fide established commercial selling agencies.

Procurement Planning

Planning is essential to managing the procurement function properly. Hence, the Authority will periodically review its record of prior purchases, as well as future needs, to: find patterns of procurement actions that could be performed more efficiently or economically; maximize competition and competitive pricing among contracts and decrease the Authority's procurement costs; reduce Authority administrative costs; ensure that supplies and services are obtained without any need for re-procurement, e.g., resolving bid protests; and minimize errors that occur when there is inadequate lead time. Consideration should be given to storage, security, and handling requirements when planning the most appropriate purchasing actions.

Purchasing Methods

The method of purchasing is determined by the anticipated total amount or cost of the goods and/or services obtained. Although limitations apply to the individual contract or service covered, the Authority shall not divide purchases simply to prevent the aggregate amount from triggering a more stringent procurement method. This shall not be construed as limiting the Authority from contracting with the same entity for goods and services on multiple occasions.

Micro-Purchase Procedures

For any amounts not exceeding $10,000, the Authority may solicit a single quotation for goods or services and, if it deems that quote to be reasonable and, in the Authority's, best interests, can contract for goods and services without further competition. The Authority may determine a quote to be reasonable if it is consistent with the Authority's estimate for those goods and services, is consistent with previous pricing obtained for similar goods and services, is consistent with readily available market pricing for similar goods and services, or, in the case of goods or services that have limited availability, are essential to the Authority's operations.

Small Purchase Procedures

For any amounts above the micro purchase limit, but not exceeding $250,000, the Authority may use small purchase procedures for all goods and services not obtained under competitive proposals or noncompetitive proposals as defined herein. Under small purchase procedures, the Authority shall obtain a reasonable number of quotes (preferably three). To the greatest extent feasible, and to promote competition, small purchases should be distributed among qualified sources. Quotes may be obtained orally (either in person or by phone), by fax, in writing, or through e-procurement systems (including the use of available online pricing. Award shall be made to the qualified vendor that provides the best value to the Authority. If the award is to be made for reasons other than the lowest price, documentation shall be provided in the contract file documenting the reason and rationale for the award. The Authority shall not break down requirements aggregating more than the small purchase threshold into several purchases that are less than the applicable threshold merely to: (1) permit use of the small purchase procedures or (2) avoid any requirements that applies to purchases that exceed the micro purchase threshold.

Sealed Bids

Sealed bidding shall be used for all contracts that exceed the small purchase threshold and that are not competitive proposals or non-competitive proposals, as these terms are defined in this document. Under sealed bids, the PHA publicly solicits bids and awards a firm fixed-price contract (lump sum or unit price) to the responsible bidder whose bid, conforming with all the material terms and conditions of the Invitation for Bids (IFB), is the lowest in price. Sealed bidding is the preferred method for procuring construction, supply, and non-complex service contracts that are expected to exceed $250,000.

Conditions for Using Sealed Bids. The Authority shall use the sealed bid method if the following conditions are present: a complete, adequate, and realistic statement of work, specification, or purchase description is available; two or more responsible bidders are willing and able to compete effectively for the work; the contract can be awarded based on a firm fixed price; and the selection of the successful bidder can be made principally on the lowest price.
Solicitation and Receipt of Bids. An IFB is issued which includes the specifications and all contractual terms and conditions applicable to the procurement, and a statement that award will be made to the lowest responsible and responsive bidder whose bid meets the requirements of the solicitation. The IFB must state the time and place for both receiving the bids and the public bid opening. All bids received will be date and time-stamped and stored unopened in a secure place until the public bid opening. A bidder may withdraw the bid at any time prior to the bid opening.
Bid Opening and Award. Bids shall be opened publicly. All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection. If equal low bids are received from responsible bidders, selection shall be made by drawing lots or other similar random method. The method for doing this shall be stated in the IFB. If only one responsive bid is received from a responsible bidder, award shall not be made unless the price can be determined to be reasonable, based on a cost or price analysis.
Mistakes in Bids. Correction or withdrawal of bids may be permitted, where appropriate, before bid opening by written or telegraphic notice received in the office designated in the IFB prior to the time set for bid opening. After bid opening, corrections in bids may 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 but the intended bid is unclear, or the bidder submits convincing evidence that a mistake was made. All decisions to allow correction or withdrawal of a bid shall be supported by a written determination signed by the Contracting Officer. After the bid opening, changes in bid prices or other provisions of bids prejudicial to the interest of the Authority or fair competition shall not be permitted.

At times, market conditions and other external factors may affect competition and the Authority may be unable to solicit sealed bids and receive three responses. The Authority may consider the award of a contract when three bids are not received if the following conditions are met:

The Authority has made a good-faith effort to advertise the project and has taken reasonable steps to encourage participation by contractors serving the area, including soliciting bids from contractors who have previously worked with the Authority.
The bid amount is consistent with the Authority's Independent Cost Estimate as defined herein, consistent with previous similar work performed by the Authority, and the work is critical to the Authority's Asset Management Plan.
The Authority determines that resoliciting bids would not result in more competition or substantially different results.

Under sealed bids, the Authority will award the contract to the lowest responsive and responsible bid. In the event, any bid is rejected or determined to be non-responsive, the file shall include the basis for the rejection along with any supporting documentation.

Competitive Proposals

Unlike sealed bidding, the competitive proposal method permits consideration of technical factors other than price; discussion with offerors concerning offers submitted; negotiation of contract price or estimated cost and other contract terms and conditions; revision of proposals before the final contractor selection; and the withdrawal of an offer at any time up until the point of award. Award is normally made on the basis of the proposal that represents the best overall value to the PHA, considering price and other factors, e.g., technical expertise, past experience, quality of proposed staffing, etc., set forth in the solicitation and not solely the lowest price.

Conditions for Use. Where conditions are not appropriate for the use of sealed bidding, competitive proposals may be used. Competitive proposals are the preferred method for procuring professional services that will exceed the small purchase threshold.
Form of Solicitation. Other than A/E services, competitive proposals shall be solicited through the issuance of a Request for Proposals (RFP). The RFP shall clearly identify the importance and relative value of each of the evaluation factors as well as any sub-factors and price (either hourly rates, flat fees or similar pricing). Price must be included in the evaluation criteria. A mechanism for fairly and thoroughly evaluating the technical and price proposals shall be established before the solicitation is issued. Proposals shall be handled so as to prevent disclosure of the number of offerors, identity of the offerors, and the contents of their proposals until after the award. The Authority may assign price a specific weight in the evaluation criteria or the Authority may consider price in conjunction with technical factors; in either case, the method for evaluating price shall be included and established in the RFP.
Evaluation. The proposals shall be evaluated only on the criteria stated in the RFP. Where not apparent from the evaluation criteria, the Authority shall establish an Evaluation Plan for each RFP. Evaluation may be conducted by an individual or committee based on the needs of the Authority and the results of the evaluation shall be included with the documentation.
Negotiations. Negotiations may be conducted with all offerors who submit a proposal determined to have a reasonable chance of being selected for the award, unless it is determined that negotiations are not needed with any of the offerors. This determination is based on the relative score of the proposals as they are evaluated and rated in accordance with the technical and price factors specified in the RFP. These offerors shall be treated fairly and equally with respect to any opportunity for negotiation and revision of their proposals. No offeror shall be given any 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. A common deadline shall be established for receipt of proposal revisions based on negotiations. Negotiations are exchanges (in either competitive or sole source environment) between the PHA and offerors that are undertaken with the intent of allowing the offeror to revise its proposal. These negotiations may include bargaining. Bargaining includes persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, type of contract or other terms of a proposed contract. When negotiations are conducted in a competitive acquisition, they take place after establishment of the competitive range and are called discussions. Discussions are tailored to each offeror's proposal, and shall be conducted by the contracting officer with each offeror within the competitive range. The primary object of discussions is to maximize the Authority's ability to obtain best value, based on the requirements and the evaluation factors set forth in the solicitation. The contracting officer shall indicate to, or discuss with, each offeror still being considered for award, significant weaknesses, deficiencies, and other aspects of its proposal (such as cost, price, technical approach, past performance, and terms and conditions) that could, in the opinion of the contracting officer, be altered or explained to enhance materially the proposer's potential for award. The scope and extent of discussions are a matter of the contracting officer's judgment. The contracting officer may inform an offeror that its price is considered by the PHA to be too high, or too low, and reveal the results of the analysis supporting that conclusion. It is also permissible to indicate to all offerors the cost or price that the Authority's price analysis, market research, and other reviews have identified as reasonable. "Auctioning" (revealing one offeror's price in an attempt to get another offeror to lower their price) is prohibited.
Award. After evaluation of the revised proposals, if any, the contract shall be awarded to the responsible firm whose technical approach to the project, qualifications, price and/or any other factors considered, are most advantageous to the Authority provided that the price is within the maximum total project budgeted amount established for the specific property or activity.
A/E Services. The Authority must contract for A/E services using Qualifications Based Selection (QBS) procedures, utilizing a Request for Qualifications (RFQ). Sealed bidding shall not be used for A/E solicitations. Under QBS procedures, competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. Price is not used as a selection factor under this method. QBS procedures shall not be used to purchase other types of services, though architectural/engineering firms are potential sources.

Noncompetitive Proposals

Conditions for Use. Procurement by noncompetitive proposals (sole source) may be used only when the award of a contract is not feasible using small purchase procedures, sealed bids, cooperative purchasing, or competitive proposals, and if one of the following applies:
1. The item is available only from a single source, based on a good faith review of available sources;
2. An emergency exists that seriously threatens the public health, welfare, or safety, or endangers property, or would otherwise cause serious injury to the Authority's property or residents, as may arise by reason of a flood, earthquake, epidemic, riot, equipment failure, or similar event. In such cases, there must be an immediate and serious need for supplies, services, or construction such that the need cannot be met through any of the other procurement methods, and the emergency procurement shall be limited to those supplies, services, or construction necessary simply to meet the emergency; © National Facility Consultants, Inc. Page 11 of 27
3. HUD authorizes the use of noncompetitive proposals; or
4. After solicitation of a number of sources, competition is determined inadequate.
Justification. Each procurement based on noncompetitive proposals shall be supported by a written justification for the selection of this method. The justification shall be approved in writing by the responsible Contracting Officer. Poor planning or lack of planning is not justification for emergency or sole-source procurements. The justification, to be included in the procurement file, should include the following information:
1. Description of the requirement;
2. History of prior purchases and their nature (competitive vs. noncompetitive);
3. Statement as to the unique circumstances that require award by noncompetitive proposals;
4. Description of the efforts made to find competitive sources (advertisement in trade journals or local publications, phone calls to local suppliers, issuance of a written solicitation, etc.);
5. Statement as to efforts that will be taken in the future to promote competition for the requirement;
6. Signature by the Contracting Officer's supervisor (or someone above the level of the Contracting Officer); and
7. Price Reasonableness. The reasonableness of the price for all procurements based on noncompetitive proposals shall be determined by performing an analysis, as described in this Policy.

Cooperative Purchasing/Intergovernmental Agreements

The Authority may enter into State and/or local cooperative or intergovernmental agreements to purchase or use common supplies, equipment, or services. The decision to use an interagency agreement instead of conducting a direct procurement shall be based on economy and efficiency. If used, the interagency 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 Authority may use Federal or State excess and surplus property instead of purchasing new equipment and property if feasible and if it will result in a reduction of project costs. The goods and services obtained under a cooperative purchasing agreement must have been procured in accordance with 2 CFR 200.

Independent Cost Estimate (ICE)

For all purchases above the Micro Purchase threshold, the Authority shall prepare an ICE prior to solicitation. The level of detail shall be commensurate with the cost and complexity of the item to be purchased.

Cost and Price Analysis

The Authority shall require assurance that, before entering into a contract, the price is reasonable, in accordance with the following instructions.

Micro Purchases

No formal cost or price analysis is required. Rather, the execution of a contract by the Contracting Officer (through a Purchase Order or other means) shall serve as the Contracting Officer's determination that the price obtained is reasonable, which may be based on the Contracting Officer's prior experience or other factors. Documentation for determination of cost reasonableness shall be included in the procurement file.

Small Purchases

A comparison with other offers shall generally be sufficient determination of the reasonableness of price and no further analysis is required. If a reasonable number of quotes is not obtained to establish reasonableness through price competition, the Contracting Officer shall document price reasonableness through other means, as detailed above.

Sealed Bids

The presence of adequate competition should generally be sufficient to establish price reasonableness; although all bids may substantially exceed the Independent Cost Estimate or project budget and may result in no award. Where sufficient bids are not received, price reasonableness shall be determined based upon the Independent Cost Estimate prepared for the project or other estimate of project value.

Competitive Proposals

The presence of adequate competition should generally be sufficient to establish price reasonableness. Where sufficient bids are not received, the Authority must determine price reasonableness based upon the Authority's estimate for the services, prior contracts of similar nature and scope, or readily available market pricing.

Contract Modifications

A cost analysis, consistent with federal guidelines, shall be conducted for all contract modifications for projects that were procured through Sealed Bids, Competitive Proposals, or Non-Competitive Proposals, or for projects originally procured through Small Purchase procedures and the amount of the contract modification will result in a total contract price in excess of $250,000. Although contract modifications are at the discretion of the Contracting Officer, as a general rule, total contract modifications shall not exceed the amount of the original agreement unless the option for those modifications or additions is specifically outlined in the request document and part of the agreement.

Solicitation and Advertising

Method of Solicitation

Micro Purchases. The Authority may contact only one source if the price is considered reasonable.
Small Purchases. Quotes may be solicited orally, through fax, or by any other reasonable method.
Sealed Bids and Competitive Proposals. Solicitation must be done publicly. The Authority must use one or more following solicitation methods, provided that the method employed provides for meaningful competition.
1. Advertising in newspapers or other print mediums of local or general circulations.
2. Advertising in various trade journals or publications (for construction), including online listing services.
3. E-Procurement. The Authority may conduct its public procurements through the Internet using e-procurement systems; however, all e-procurements must otherwise be in compliance with 2 CFR 200, State and local requirements, and the Authority's procurement policy.

Time Frame

For purchases of more than $250,000, the public notice should run not less than once each week for two consecutive weeks. For online advertisement platforms, the solicitation must be listed for at least 14 days prior to the due date for responses.

Form

Notices/advertisements should state, at a minimum, the place, date, and time that the bids or proposals are due, the solicitation number, a contact who can provide a copy of, and information about, the solicitation, and a brief description of the needed items(s).

Time Period for Submission of Bids

Generally, a minimum of 30 days shall generally be provided for preparation and submission of sealed bids and 15 days for competitive proposals; however, the Executive Director may allow for a shorter period under extraordinary circumstances.

Cancellation of Solicitations

An IFB, RFP, or other solicitation may be cancelled before bids/offers are due if:
1. The supplies, services or construction is no longer required;
2. The funds are no longer available;
3. Proposed amendments to the solicitation are of such magnitude that a new solicitation would be in the best interests of the Authority;
4. There is limited participation in the project and the Authority determines that competition is not sufficient; or
5. Any similar reason where cancellation is in the best interest of the Authority.
A solicitation may be cancelled and all bids or proposals that have already been received may be rejected if:
1. The supplies or services (including construction) are no longer required;
2. Ambiguous or otherwise inadequate specifications were part of the solicitation;
3. All factors of significance to the Authority were not considered;
4. Prices exceed available funds, and it would not be appropriate to adjust quantities to come within available funds;
5. There is reason to believe that bids or proposals may not have been independently determined in open competition, may have been collusive, or may have been submitted in bad faith; or
6. For good cause of a similar nature when it is in the best interest of the Authority.
The reasons for cancellation shall be documented in the procurement file.
A notice of cancellation shall be sent to all bidders/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.

Credit (or Purchasing) Cards

Credit card usage should follow the rules for all other small purchases. When using credit cards, the Authority should adopt reasonable safeguards to assure that they are used only for intended purposes (for instance, limiting the types of purchases or the amount of purchases that are permitted with credit cards).

Bonding Requirements

The standards under this section apply to construction contracts that exceed $250,000. There are no bonding requirements for small purchases or for competitive proposals. The Authority may require bonds in these latter circumstances when deemed appropriate; however, non-construction contracts should generally not require bid bonds.

Bid Bonds. For construction contracts exceeding $250,000, offerors shall be required to submit a bid guarantee from each bidder equivalent to 5% of the bid price.
Payment Bonds. For construction contracts exceeding $250,000, the successful bidder shall furnish an assurance of completion. This assurance may be any one of the following four:
1. A performance and payment bond in a penal sum of 100% of the contract price; or
2. Separate performance and payment bonds, each for 50% or more of the contract price; or
3. A 20% cash escrow; or
4. A 50% irrevocable letter of credit.
These bonds must be obtained from guarantee or surety companies acceptable to the U. S. Government, are included in the U. S. Department of Treasury List of Certified Companies, and authorized to do work in the State of Georgia.

Contractor Qualifications and Duties

Contractor Responsibility

PHAs shall not award any contract until the prospective contractor, i.e., low responsive bidder, or successful offeror, has been determined to be responsible. A responsible bidder/offeror must:

Have adequate financial resources to perform the contract, or the ability to obtain them;
Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all the bidder's/offeror's existing commercial and governmental business commitments;
Have a satisfactory performance record;
Have a satisfactory record of integrity and business ethics;
Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;
Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and,
Be otherwise qualified and eligible to receive an award under applicable laws and regulations, including not be suspended, debarred or under a HUD-imposed Limited Denial of Participation.

If a prospective contractor is found to be non-responsible, a written determination of non-responsibility shall be prepared and included in the official contract file, and the prospective contractor shall be advised of the reasons for the determination.

Suspension and Debarment

Contracts shall not be awarded to debarred, suspended, or ineligible contractors. Contractors may be suspended, debarred, or determined to be ineligible by HUD in accordance with HUD regulations (24 CFR Part 24) or by other Federal agencies, e.g., Department of Labor for violation of labor regulations, when necessary to protect housing authorities in their business dealings.

Vendor Lists

All interested businesses shall be given the opportunity to be included on vendor mailing lists. Any lists of persons, firms, or products which are used in the purchase of supplies and services (including construction) shall be kept current and include enough sources to ensure competition.

Contract Pricing Arrangements

Contract Types

Any type of contract which is appropriate to the procurement and which will promote the best interests of the Authority may be used, provided the cost-plus-a-percentage-of-cost and percentage-of-construction-cost methods are not used. All solicitations and contracts shall include the clauses and provisions necessary to define the rights and responsibilities of both the contractor and Authority.

For all cost reimbursement contracts, Authority must include a written determination as to why no other contract type is suitable. Further, the contract must include a ceiling price that the contractor exceeds at its own risk.

Options

Options for additional quantities or performance periods may be included in contracts, provided that:

The option is contained in the solicitation;
The option is a unilateral right of the Authority;
The contract states a limit on the additional quantities and the overall term of the contract;
The options are evaluated as part of the initial competition;
The contract states the period within which the options may be exercised;
The options may be exercised only at the price specified in or reasonably determinable from the contract; and
The options may be exercised only if determined to be more advantageous to the Authority than conducting a new procurement.

Contract Clauses

All contracts should identify the contract pricing arrangement as well as other pertinent terms and conditions, as determined by the Authority.

Additionally, the forms HUD-5369, 5369-A, 5369-B, 5369, 5370, 5370-C, and/or 51915-A, which contain all HUD-required clauses and certifications for contracts of more than $250,000, as well as any forms/clauses as required by HUD for small purchases, shall be used in all corresponding solicitations and contracts issued by this Authority.

Contract Administration

The Authority shall maintain a system of contract administration designed to ensure that contractors perform in accordance with their contracts. These systems shall provide for inspection of supplies, services, or construction, as well as monitoring contractor performance, status reporting on major projects including construction contracts, and similar matters. For cost-reimbursement contracts, costs are allowable only to the extent that they are consistent with the cost principles outlined in applicable regulations.

Change Orders

General

Change orders are part of the normal course of the administration of contracts solicited and executed under this Policy. Change orders should be executed only when necessary, reasonable, and in the Authority's best interests. Under no circumstances shall change orders be utilized to circumvent procurement methods (i.e. if a contract is procured under the small purchase method, the total amount of the contract and all change orders may not exceed the threshold for sealed bidding). Change orders may be executed under the following circumstances:

To add substantially similar services under a professional service contract or to increase the limit on an Indefinite Quantities Contract;
To increase the quantities of substantially similar goods or services under a contract subject to a determination of cost reasonableness;
To address unforeseen circumstances that must be addressed during the course of construction contracts subject to a determination of cost reasonableness;
To add substantially similar work to a construction contract when bidding the work separately is not in the Authority's best interests, would substantially increase costs, or would significantly delay the completion of the overall project, subject to a determination of cost reasonableness;
To extend the term of the contract as determined to be in the Authority's best interests subject to applicable regulatory limits for contract terms;
To delete items from the contract that are no longer desired or required by the Authority.

Limitations

The following limitations shall govern the use of change orders:

The total amount of change orders to a construction contract shall not exceed the amount of the original contract unless options are specifically outlined in the solicitation and contract documents;
The total amount of the original contract plus all change orders shall not exceed the limitation of the procurement method used in the original solicitation (for example, the total amount of the original contract plus all change orders for a contract procured under the small purchase method shall not exceed the threshold for required sealed bidding);
The total term of the contract shall not exceed the maximum contract term outlined in applicable regulations;
All change orders must include a determination of cost reasonableness and consistency with the provisions of the original contract as supported by a cost analysis, independent cost estimate, or similar justification.

Specifications

General

All specifications shall be drafted to promote overall economy for the purpose intended and to encourage competition in satisfying Authority needs. Specifications shall be reviewed prior to issuing any solicitation to ensure that they are not unduly restrictive or represent unnecessary or duplicative items. Functional or performance specifications are preferred. Specifications must include provisions for contractors to use equivalent products, except in the case where the Authority has standardized components or systems. 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.

Limitation

The following types of specifications shall be avoided:

Geographic restrictions not mandated or encouraged by applicable Federal law (except for A/E contracts, which may include geographic location as a selection factor if adequate competition is available);
Brand name specifications unless the specifications list the minimum essential characteristics and standards to which the item must conform to satisfy its intended use or the Authority has standardized a part or material to facilitate maintenance and repair.

Nothing in this procurement policy shall preempt any State licensing laws. Specifications shall be reviewed to ensure that organizational conflicts of interest do not occur.

Appeals and Remedies

General

It is Authority policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences.

Informal Appeals Procedure

The Authority shall adopt an informal bid protest/appeal procedure for contracts of $250,000 or less. Under these procedures, the bidder/contractor may request to meet with the Authority's Contracting Officer.

Formal Appeals Procedure

A formal appeals procedure shall be established for solicitations/contracts of more than $250,000.

A. Bid Protest. 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 the receipt of bids or proposals, and any protest against the award of a contract must be received within ten (10) calendar days of the Notice of Award, or the protest will not be considered. All bid protests shall be in writing, submitted to the Contracting Officer or designee, who shall issue a written decision on the matter. The Contracting Officer may, at his/her discretion, suspend the procurement pending resolution of the protest if the facts presented so warrant.

B. Contractor Claims. All claims by a contractor relating to the performance of a contract shall be submitted in writing to the Contracting Officer for a written decision. The contractor may request a conference on the claim. The Contracting Officer's decision shall inform the contractor of its appeal rights to the next higher level of authority in Authority. Contractor claims shall be governed by the Changes clause in the form HUD-5370.

Assistance to Small and Other Businesses

Required Efforts

Consistent with Presidential Executive Orders 11625, 12138, and 12432, and Section 3 of the Housing Act of 1968, all feasible efforts shall be made to ensure that small and minority-owned businesses, women's business enterprises, and other individuals or firms located in or owned in substantial part by persons residing in the area of the Authority project are used when possible. Such efforts shall include, but shall not be limited to:

Including such firms, when qualified, on solicitation mailing lists;
Encouraging their participation through direct solicitation of bids or proposals whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by such firms;
Establishing delivery schedules, where the requirement permits, which encourage participation by such firms;
Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce;
Including in contracts, to the greatest extent feasible, a clause requiring contractors, 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 provide opportunities to low-income residents, as described in 24 CFR Part 135 (so-called Section 3 businesses); and
Requiring prime contractors, when subcontracting is anticipated, to take the positive steps listed above.

Goals shall be established periodically for participation by small businesses, minority-owned businesses, women-owned business enterprises, labor surplus area businesses, and Section 3 business concerns in Authority prime contracts and subcontracting opportunities.

Definitions

A Small Business Enterprise (SBE) 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. The size standards in 13 CFR Part 121 should be used to determine business size.
A Minority Business Enterprise (MBE) 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, Asian Indian Americans, and Hasidic Jewish Americans.
A Women's Business Enterprise (WBE) is defined as a business that is at least 51% owned by a woman or women who are U.S. citizens and who control and operate the business.
A "Section 3 Business Concern" is as defined under 24 CFR Part 135.
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, as defined by the DOL in 20 CFR Part 654, Subpart A, and in the list of labor surplus areas published by the Employment and Training Administration.

Board Approval of Procurement Actions

Although approval by the Board of Commissioners is not required for any procurement action under HUD regulations, the Authority adopts the following approval process for actions carried out under this policy:

In cases where the purchase is goods or services outlined in an approved routine operating, capital, or other budget, approval by the Board of Commissioners is not required for any contract below $100,000.
In all other cases, any contract in excess of $25,000 shall be approved by the Board of Commissioners.

It is the responsibility of the Executive Director to make sure that all procurement actions are conducted in accordance with the policies contained herein.

Delegation of Contracting Authority

While the Executive Director is responsible for ensuring that the Authority's procurements comply with this Policy, the Executive Director may delegate all procurement authority as is necessary and appropriate to conduct the business of the Agency.

Further, and in accordance with this delegation of authority, the Executive Director shall, where necessary, establish operational procedures (such as a procurement manual or standard operating procedures) to implement this Policy. The Executive Director shall also establish a system of sanctions for violations of the ethical standards described in Section III below, consistent with Federal, State, or local law.

Documentation

The Authority must maintain records sufficient to detail the significant history of each procurement action. These records shall include, but shall not necessarily be limited to, the following:

Rationale for the method of procurement (if not self-evident);
Rationale of contract pricing arrangement (also if not self-evident);
Reason for accepting or rejecting the bids or offers;
Basis for the contract price (as prescribed in this handbook);
A copy of the contract documents awarded or issued and signed by the Contracting Officer;
Basis for contract modifications or change orders; and
Related contract administration actions.

The level of documentation should be commensurate with the value of the procurement.

Records are to be retained for a period of three years after final payment and all matters pertaining to the contract are closed.

Funding Availability

Before initiating any contract, the Authority shall ensure that there are sufficient funds available to cover the anticipated cost of the contract or modification.

Self-Certification

The Authority self-certifies that this Procurement Policy, and the Authority's procurement system, complies with all applicable Federal regulations and, as such, the Authority is exempt from prior HUD review and approval of individual procurement action.