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organizational elements specified in 88 24-1.451-1-24-1.451-4.
tively. Revocation of the delegation shall be published in the FEDERAL REGISTER.
(c) Succession of authority. Persons wno succeed to a position designated as a Contracting Officer shall assume responsibility for the administration of all contracts entered into by their predecessors.
$ 24-1.451-1 Office of procurement and
contracts. The Office of Procurement and Contracts, Assistant Secretary for Administration, is responsible for all Departmental procurement except as specified below.
$ 24-1.405 Ratification of unauthorized
contract awards. Except as provided for under 41 CFR 1-1.405, no liability shall be incurred by the Government as a result of the actions of Departmental employees (other than Contracting Officers) which lead to unauthorized arrangements for the reimbursement of a contractor's pre-contract costs. Contracting Officers shall not ratify contractual commitments made by other personnel of HUD without the prior approval of the Head of the Procuring Activity.
§ 24-1.450 Contracting officer's represen
tatives. Contracting Officers may designate other Government employees to act as their authorized representatives for certain specific purposes of contract administration. Such designation shall be in writing and shall contain specific instructions as to the extent to which the representative has been given authority to take action for the Contracting Officer. A designation to act as a Contracting Officer may contain authority to sign contractual documents and approve invoices or vouchers. It may not include functions related to the procurement which are of a technical nature including review and approval of work or research plans, techniques, and reports and which would normally be performed by the Government Technical Representative. Designations shall be effective only on a contract-by-contract basis. Designations which may be construed to apply to more than one contract must be approved by the Head of The Procuring Activity.
§ 24-1.451-2 Housing.
The Assistant Secretary for Housing-Federal Housing Commissioner has overall responsibility for the following procuring activities:
(a) Property disposition program. Through the Property Disposition program, the Assistant Secretary for Housing-Federal Housing Commissioner is responsible for entering into and administering all procurement contracts with respect to all procurements of goods and services for the management, repair, improvement, alteration, demolition, maintenance, operation, rental, and sale or other dispos ion of all real and related proper: ty conveyed to or otherwise in the custody of the Secretary, including properties held by HUD as mortgagee-inpossession, and the publication of notices and adverisements in newspapers, magazines, and periodicals. This procurement operation is decentralized to specific positions at the Area and Insuring Office level. In addition, the Office of Property Disposition performs contracting functions through its Central Office Staff on all requirements having national applicability such as the acquisition of lock boxes and "for sale” signs.
(b) Emergency preparedness-disaster relief program. Through the Disaster Relief Program and mission assignment through the Administrator, Federal Disaster Assistance Administration, the Assistant Secretary for Housing-Federal Housing Commissioner is responsible for entering into and administering contracts within disaster areas relating to disaster temporary housing including the sale of emergency housing acquired pursuant thereto to occupants.
(c) Emergency preparedness-strategic storage centers. The procurement
§ 24-1.151 HUD procuring activities.
HUD procures supplies and services (including construction) through the
$ 24-1.451-4 Disaster field offices.
Each Disaster Field Office is responsible for the procurement of supplies and services to assist disaster areas through mission assignments by the Administrator, Federal Disaster Assistance Administration.
§ 24-1.702 Small business policies.
In addition to the policies prescribed in 41 CFR 1-1.702, HUD procuring activities shall cooperate with the Small Business Administration through the Department's small business advisor in the implementing the policies and procedures in 41 CFR Subpart 1-1.7 and in this subpart.
$ 24-1.452 Unauthorized actions in the ad
ministration of contracts. Only Contracting Officers or duly authorized Contracting Officers representives acting within the scope of their authority may impose on a contractor any requirement which will affect price, period of performance or any other provisions of the contract. All contract changes must be directed in writing by a Contracting Officer or such Contracting Officer's representative.
$ 24-1.705 Small business advisor.
The Director, Office of Procurement and Contracts is hereby designated as the Department's Small Business Advisor for all procurement matters. The Small Business Advisor is responsible for the establishment, implementation, and execution of the Small Business program. He is the central point of contact for inquiries concerning the Small Business program from industry, the Small Business Administration (SBA), the Congress, the Office of the Secretary, and others. His duties shall include developing a plan of operation to increase the share of contracts awarded to small business by the Department.
(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;
(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.
§ 24-1.706 Small business specialist.
The Director, Office of Procurement and Contracts, Director, Office of Property Disposition, Director, Office of Assisted Housing Management, Director, Strategic Storage Centers and each Assistant Regional Administrator for Administration for regional General Services Procurement shall each designate by name and in writing a Supervisory 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 regulations and assist such concerns in applying for financial assistance;
§ 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 Specialist, the Small Business Specialist may appeal to the Head of The Procuring Activity whose decision shall be final.
tion under the class set-aside in § 241.709-50.
$ 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.
$ 24-1.713 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)).
§ 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 constructior which exceed an estimate of $1,000,000 shall be considered for set. aside on a case-by-case basis. (43 FR 8139, Feb. 28, 1978)
§ 24-1.714 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 deter
$ 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 participa
mine the feasibility of placement American-Indians, American Eskimos, under the 8(a) program as part of the and American Aleuts.” performance of those duties set forth under HUDPR 24-1.706. The Small
8 24-1.715-2 Authority. Business Specialist, after considera- Executive Order 11625 dated Octotion of the goals and guidance estab- ber 13, 1971, clarifies the authority of lished pursuant to paragraph (a) of the Secretary of Commerce with rethis section, shall make recommenda- spect to the development and coorditions for 8(a) procurement to the Con- nation of a national program for mitracting Officer who may, in his dis- nority business enterprise. In addition, cretion, contract with the Small Busi
the Executive Order requires each ness Administration in accordance Federal department or agency to coopwith 41 CFR 1-1.705-7 and 1-1.713. erate with the Secretary of Commerce
(d) 8(a) reporting requirements. The in achieving the goals of the minority Small Business Advisor shall report to business program including the collecthe Assistant Secretary for Fair Hous- tion 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 8 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 maxi. of 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 Small Business Advisor shall also
$ 24-1.715-4 Certification of status as a report annually to the General Ser- minority business enterprise. vices 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 defined under supply outlets.
HUDPR 24-1.715-1. Completion of
this certification is not a condition of $ 24-1.715 HUD contracts with minority eligibility for contract award. business firms.
RFQ/IFB/RFP No § 24-1.715-1 Applicability and scope.
Purchase Order/Contract No This section sets forth the policy
U.S. Department of Housing and Urban
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 under 41 CFR 1-1.1310-2(b) as “a busi
single copy, to any bid, proposal or quote ness, at least 50 percent of which is submitted under the Solicitation identified owned by minority group members or, above. Completion of this certification is in case of publicly owned businesses,
not a condition of eligibility for contract at least 51 percent of the stock of
The which is owned by minority group
Bidder/Offeror/Supplier certifies members. For the purposes of this
that he (is) is not a minority business enter
prise which is defined as a business, at least definition, minority group members
50 percent of which is owned by minority are Negroes, Spanish-speaking Ameri
group members or, in the case of publicly can persons, American-Orientals, owned business, at least 51 percent of the