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§ 24-1.405 Ratification of unauthorized $24-1.451-2 Housing. contract awards.
The Assistant Secretary for HousExcept as provided for under 41 ing–Federal Housing Commissioner CFR 1-1.405, no liability shall be in has overall responsibility for the folcurred by the Government as a result lowing procuring activities: of the actions of Departmental em. (a) Property disposition program. ployees (other than Contracting Offi. Through the Property Disposition cers) which lead to unauthorized ar program, the Assistant Secretary for rangements for the reimbursement of Housing-Federal Housing Commisa contractor's pre-contract costs. Con
sioner is responsible for entering into tracting Officers shall not ratify con
and administering all procurement tractual commitments made by other contracts with respect to all procurepersonnel of HUD without the prior ments of goods and services for the approval of the Head of the Procuring management, repair, improvement, alActivity.
teration, demolition, maintenance, op
eration, rental, and sale or other dis8 24-1.450 Contracting officer's repre position of all real and related propersentatives.
ty conveyed to or otherwise in the cusContracting Officers may designate
tody of the Secretary, including propother Government employees to act as
erties held by HUD as mortgagee-intheir authorized representatives for
possession, and the publication of nocertain specific purposes of contract
tices and adverisements in newspapers, administration. Such designation shall
magazines, and periodicals. This probe in writing and shall contain specific
curement operation is decentralized to instructions as to the extent to which
specific positions at the Area and In
suring Office level. In addition, the the representative has been given au
Office of Property Disposition perthority to take action for the Con
forms contracting functions through tracting Officer. A designation to act
its Central Office Staff on all requireas a Contracting Officer may contain
ments having national applicability cuthority to sign contractual docu
such as the acquisition of lock boxes ments and approve invoices or vouch
and “for sale” signs. ers. It may not include functions relat
(b) Emergency preparedness-disased to the procurement which are of a
ter relief program. Through the Disastechnical nature including review and
ter Relief Program and mission assignapproval of work or research plans,
ment through the Administrator, Fedtechniques, and reports and which
eral Disaster Assistance Administrawould normally be performed by the
tion, the Assistant Secretary for HousGovernment Technical Representa
ing-Federal Housing Commissioner is tive. Designations shall be effective
responsible for entering into and adonly on a contract-by-contract basis.
ministering contracts within disaster Designations which may be construed
areas relating to disaster temporary to apply to more than one contract
housing including the sale of emergenmust be approved by the Head of The
cy housing acquired pursuant thereto Procuring Activity.
(c) Emergency preparedness-strate$ 24-1.451 HUD procuring activities.
gic storage centers. The procurement HUD procures supplies and services
of supplies and services in support of (including construction) through the the requirements to store, maintain, organizational elements specified in repair and transport disaster tempo$ $ 24-1.451-1-24-1.451-4.
rary housing (mobile homes and travel
trailers) is conducted through the $ 24-1.451-1 Office of procurement and
Strategic Storage Centers. contracts.
(d) Consolidated supply program. The Office of Procurement and Con- Through its consolidated supply protracts, Assistant Secretary for Admin- gram, the Assistant Secretary for istration, is responsible for all Depart- Housing-Federal Housing Commismental procurement except as speci. sioner is responsible for entering into fied below.
and administering contracts for volun
tary use by public housing agencies in
Subpart 24-1.6-Debarred, Ineligible their purchase of certain supplies and
and Suspended Bidders equipment necessary in the operation and maintenance of low-income hous- 824-1.600 Scope of subpart. ing.
Contractors and Grantees who have § 24-1.451-3 General services divisions.
been debarred, suspended or made in
eligible pursuant to 24 CFR Part 24 Procurement of supplies and services
shall not be eligible for HUD contracts not exceeding $10,000 for HUD Re
and will not receive solicitations theregional requirements including support
for, subject to the requirements of 41 of the Federal Disaster Assistance Ad
CFR 1-1.605-5. ministrator, Regional Office, is accomplished at each Regional Office in the
Subpart 24-1.7-Small Business and Administrative Services Division, As
Minority Business Concerns sistant Regional Administrator for Administration. In addition, the Regional
$ 24-1.700 General, Administrator may delegate authority to the Administrative Officers of the
This subpart implements and supArea and Insuring Offices to execute
plements general policies and proceFEDSTRIP and Imprest Fund trans
dures set forth in 41 CFR Subpart 1
§ 24-1.702 Small business policies. $ 24-1.451-4 Disaster field offices.
In addition to the policies prescribed Each Disaster Field Office is respon
in 41 CFR 1-1.702, HUD procuring acsible for the procurement of supplies
tivities shall cooperate with the Small and services to assist disaster areas
Business Administration through the through mission assignments by the
Department's small business advisor in Administrator, Federal Disaster Assist
the implementing the policies and proance Administration.
cedures in 41 CFR Subpart 1-1.7 and
in this subpart. $ 24-1.452 Unauthorized actions in the administration of contracts.
8 24-1.705 Small business advisor. Only Contracting Officers or duly The Director, Office of Procurement authorized Contracting Officers repre and Contracts is hereby designated as sentives acting within the scope of the Department's Small Business Adtheir authority may impose on a con visor for all procurement matters. The tractor any requirement which will
Small Business Advisor is responsible affect price, period of performance or
for the establishment, implementaany other provisions of the contract.
tion, and execution of the Small BusiAll contract changes must be directed
ness program. He is the central point in writing by a Contracting Officer or
of contact for inquiries concerning the such Contracting Officer's representa
Small Business program from indus
try, the Small Business Administrative.
tion (SBA), the Congress, the Office of 8 24-1.453 Contracting officers responsi
the Secretary, and others. His duties bilities to examine validity of procure
shall include developing a plan of op
eration to increase the share of conment request.
tracts awarded to small business by Contracting Officers are charged
the Department. with the responsibility of ascertaining that procurement actions do not vio $ 24-1.706 Small business specialist. late any statutes, regulations or De The Director, Office of Procurement partment policies.
and Contracts, Director, Office of Property Disposition, Director, Office of Assisted Housing Management, Director, Strategic Storage Centers and each Assistant Regional Administrator
(j) Make available to SBA copies of solicitations, when so requested; and
(k) Act as liaison between the contracting officer and the appropriate SBA office in connection with setasides, certificates of competency, size classification, and any other matter in which the small business program may be involved.
for Administration for regional General Services Procurement shall each designate by name and in writing a Su pervisory Small Business Specialist who shall either perform and/or supervise, and coordinate the duties of the Small Business Specialist(s) and act as the focal point for contact with the Small Business Advisor within their appropriate areas of assignment. Each head of a procuring activity shall designate by name or title and in writing a Small Business Specialist or Specialists for each procuring activity over which he exercises control to perform the duties set forth in this section. The Small Business Specialist appointed pursuant to HUDPR 24-1.706 shall perform such of the following duties as are appropriate for his procuring activity:
(a) Maintain a program designed to locate capable small business sources for current and future procurements;
(b) Coordinate inquiries and requests for advice from small business concerns on procurement matters;
(c) Review proposed solicitations for supplies and services, assure that small business concerns will be afforded an equitable opportunity to compete, and, as appropriate, initiate recommendations for small business set-asides;
(d) Take action to assure the availability of adequate specifications and drawings, when necessary, to obtain small business participation in a procurement;
(e) Review proposed procurements for possible breakout of items suitable for procurement from small business concerns;
(f) Advise small business concerns with respect to the financial assistance available under existing laws and regu. lations and assist such concerns in applying for financial assistance;
(g) Participate in determinations concerning the responsibility of a prospective small business contractor;
(h) Participate in the evaluation of a prime contractor's small business subcontracting programs;
(i) Assure that adequate records are maintained, and accurate reports prepared, concerning small business participation in the procurement program;
$ 24-1.707 Procedures for initiating set
asides by the small business specialist(s). All proposed procurements estimated to exceed $2,500 shall be reviewed by a Small Business Specialist for purposes of identifying those procurements which should be set aside in part or in total to small business, unless the Head of the Procuring Activity determines in accordance with 41 CFR 1-1.705-3(a) that such review would unduly delay the procurement process. The small business specialist shall initiate recommendations to the contracting officer for small business set-asides with respect to identifying individual procurements or classes of procurements or portions thereof. $ 24-1.708 Review of set-aside recommen
dations initiated by small business
specialist(s). The Small Business Specialist may recommended that all, or a portion, of an individual procurement or class of procurements be set aside for small business, the Contracting Officer shall promptly either (a) concur in the recommendation, or (b) disapprove the recommendation, stating in writing his reasons for disapproval. If the Contracting Officer disapproves the recommendation of a Small Business Spe. cialist, the Small Business Specialist may appeal to the Head of the Procuring Activity whose decision shall be final.
§ 24-1.709 Withdrawal or modification of
set-asides. A withdrawal or modification of an individual or class set-aside which was originally established upon the recommendation of the Small Business Specialist may be proposed by the Contracting Officer by giving notice, containing the reason for the proposed withdrawal or modification, to the Small Business Specialist. If the Small Business Specialist does not agree to a withdrawal or modification, he may appeal to the Head of the Procuring Activity whose decision shall be final.
8 24–1.709-50 Small business class set
aside for construction, including repair and reconditioning. A class set-aside is hereby made for each proposed procurement for construction, including repair and reconditioning, in an amount ranging from estimates of $2,000 to $1,000,000. Accordingly, Contracting Officers shall set aside for small business each proposed procurement in this range. If a Contracting Officer determines that any particular procurement falling within the class set-aside requirements of this section is unsuitable for such a set-aside in whole or in part, the setaside may be withdrawn or modified in accordance with HUDPR 24-1.709. Proposed procurements for construction which exceed an estimate of $1,000,000 shall be considered for setaside on a case-by-case basis. (43 FR 8139, Feb. 28, 1978)
824-1.714 HUD responsibilities and func
tions pursuant to section 8(a) of the Small Business Act. The HUD responsibilities and functions pursuant to section 8(a) of the Small Business Act are as follows:
(a) 8(a) program responsibility. The HUD Assistant Secretary for Fair Housing and Equal Opportunity is responsible for development and review of goals to be achieved under the 8(a) program and shall coordinate with each Primary Organization Head in establishing the level of HUD's participation in the 8(a) program and coordination with the Small Business Advisor to definitize HUD's plan for implementation of the 8(a) established goal(s). In conjunction with this responsibility for establishing 8(a) goals, the Assistant Secretary for Equal Opportunity shall make available to the Small Business Advisor 8(a) program guides for use by the Small Business Specialist and Contracting Officers in making determinations on individual procurements that should be processed as an 8(a) contract to be awarded to SBA.
(b) 8(a) procurement responsibility. The procurement and contracting aspects of this program shall be the responsibility of the Small Business Advisor who shall assure that 8(a) procurement requirements are implemented through the Supervisory Small Business Specialist in each of their appropriate area of assignment.
(c) 8(a) functions of the small business specialist. The Small Business Specialist and/or Supervisory Small Business Specialists, acting on behalf of the Small Business Advisor, shall screen proposed solicitations to determine the feasibility of placement under the 8(a) program as part of the performance of those duties set forth under HUDPR 24-1.706. The Small Business Specialist, after consideration of the goals and guidance established pursuant to paragraph (a) of this section, shall make recommendations for 8(a) procurement to the Contracting Officer who may, in his discretion, contract with the Small Business Administration in accordance with 41 CFR 1-1.705-7 and 1-1.713.
(d) 8(a) reporting requirements. The Small Business Advisor shall report to
$ 24-1.709-51 Review of class set-aside
program for construction, including repair and reconditioning. The head of each procuring activity shall forward a semi-annual report on class set-aside withdrawals to the Director, Office of Procurement and Contracts (OPC) as a part of the required Standard Form 37, Report on Procurement by Civilian Executive Agencies. The Director, OPC, acting as the Small Business Advisor, through the Supervisory Small Business Specialist, shall direct actions to be taken to improve small business participation under the class set-aside in § 241.709-50.
824-1.713 HUD contracts with the Small
Business Administration. It is the policy of the Department to increase small business participation in its procurement program by awarding procurement contracts, whenever feasible, to the Small Business Administration (SBA) as authorized by section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
the Assistant Secretary for Fair Hous- tior and furnishing of data and reing and Equal Opportunity on a semi- ports as required. annual basis covering the activities of the 8(a) program which shall include
$ 24-1.715-3 Policy. the following:
It is the policy of HUD to foster and (1) A narrative statement regarding promote the participation of minority the operation of the program during business firms in the Department's the 6-month period; and
procurement program and to offer (2) The number and dollar amount guidance to such firms to the maxiof awards made to small business
mum extent practicable in order to enunder the 8(a) program.
hance their ability to compete for the In addition to the semiannual report
placement of HUD procurement conto the Assistant Secretary for Fair
tracts. Housing and Equal Opportunity, the
$ 24-1.715-4 Certification of status as a Small Business Advisor shall also
minority business enterprise. report annually to the General Services Administration on the current
All procuring activities shall request Standard Form 37 (SF-37), the
all interested contractors, bidders or number and dollar amount of awards
offerors and sources utilized through made to small business under the 8(a)
small purchase procedures to complete program. The SF-37 may be obtained
on a voluntary basis a certification as from the Government Printing Office,
to whether they are a minority busiWashington, D.C. or local Government
ness enterprise as defined under
HUDPR 24-1.715-1. Completion supply outlets.
this certification is not a condition of § 24-1.715 HUD contracts with minority eligibility for contract award. business firms.
Purchase Order/Contract No-$ 24-1.715-1 Applicability and scope.
U.S. Department of Housing and Urban This section sets forth the policy Development additional certification of and procedures for contracting with Status as a Minority Business Enterprise. minority business enterprises. A "mi
Offerors, bidders or suppliers are requestnority business enterprise" is defined
ed to complete, sign and attach this page, in
single copy, to any bid, proposal or quote under 41 CFR 1-1.1310-2(b) as “a busi
submitted under the Solicitation identified ness, at least 50 percent of which is
above. Completion of this certification is owned by minority group members or, not a condition of eligibility for contract in case of publicly owned businesses, award. at least 51 percent of the stock of The Bidder/Offeror/Supplier certifies which is owned by minority group
that he (is) is not a minority business entermembers. For the purposes of this
prise which is defined as a business, at least
50 percent of which is owned by minority definition, minority group members
group members or, in the case of publicly are Negroes, Spanish-speaking Ameri
owned business, at least 51 percent of the can persons, American-Orientals,
stock of which is owned by minority group American-Indians, American Eskimos, members. For the purpose of this definition, and American Aleuts.”
minority group members are Negroes, Span
ish-speaking American persons, American$ 24-1.715-2 Authority.
Orientals, American-Indians, American Es
kimos, and American Aleuts. Executive Order 11625 dated October 13, 1971, clarifies the authority of
(Name and title of person signing.)
Signature the Secretary of Commerce with re
Date -spect to the development and coordination of a national program for minority business enterprise. In addition,
Subpart 24-1.50—Criteria for the Use the Executive Order requires each
of Grants or Contracts for Research Federal department or agency to cooperate with the Secretary of Commerce 824-1.5000 Scope of subpart. in achieving the goals of the minority This subpart establishes policies re. business program including the collec- lating to the basic difference for using