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tively. Revocation of the delegation shall be published in the FEDERAL REGISTER.

(c) Succession of authority. Persons who succeed to a position designated as a Contracting Officer shall assume responsibility for the administration of all contracts entered into by their predecessors.

§ 24-1.405 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 HUD procuring activities.

HUD procures supplies and services (including construction) through the

organizational elements specified in

§§ 24-1.451-1-24-1.451-4.

§ 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.

§ 24-1.451-2 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 disposition of all real and related property 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

of supplies and services in support of the requirements to store, maintain, repair and transport disaster temporary housing (mobile homes and travel trailers) is conducted through the Strategic Storage Centers.

(d) Consolidated supply program. Through its consolidated supply program, the Assistant Secretary for Housing-Federal Housing Commissioner is responsible for entering into and administering contracts for voluntary use by public housing agencies in their purchase of certain supplies and equipment necessary in the operation and maintenance of low-income housing.

§ 24-1.451-3 General services divisions.

Procurement of supplies and services not exceeding $10,000 for HUD Regional requirements including support of the Federal Disaster Assistance Administrator, Regional Office, is accomplished at each Regional Office in the Administrative Services Division, Assistant Regional Administrator for Administration. In addition, the Regional Administrator may delegate authority to the Administrative Officers of the Area and Insuring Offices to execute FEDSTRIP and Imprest Fund transactions.

§ 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 Assist

ance Administration.

§ 24-1.452 Unauthorized actions in the administration 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.

§ 24-1.453 Contracting officers responsibilities to examine validity of procurement request.

Contracting Officers are charged with the responsibility of ascertaining that procurement actions do not violate any statutes, regulations or Department policies.

Subpart 24-1.6-Debarred, Ineligible and Suspended Bidders

§ 24-1.600 Scope of subpart.

Contractors and Grantees who have been debarred, suspended or made ineligible pursuant to 24 CFR Part 24 shall not be eligible for HUD contracts and will not receive solicitations therefor, subject to the requirements of 41 CFR 1-1.605-5.

Subpart 24-1.7-Small Business and Minority Business Concerns

§ 24-1.700 General.

This subpart implements and supplements general policies and procedures set forth in 41 CFR Subpart 11.7.

§ 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.

§ 24-1.705 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 con

tracts awarded to small business by the Department.

§ 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 quests for advice from small business concerns on procurement matters;

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(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;

(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.

§ 24-1.707 Procedures for initiating setasides 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 recommendations 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 Pro

curing 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.

§ 24-1.709-50 Small business class setaside 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]

$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

tion under the class set-aside in § 241.709-50.

§ 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)).

§ 24-1.714 HUD responsibilities and functions 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

mine 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 the Assistant Secretary for Fair Housing and Equal Opportunity on a semiannual basis covering the activities of the 8(a) program which shall include the following:

(1) A narrative statement regarding the operation of the program during the 6-month period; and

(2) The number and dollar amount of awards made to small business under the 8(a) program.

In addition to the semiannual report to the Assistant Secretary for Fair Housing and Equal Opportunity, the Small Business Advisor shall also report annually to the General Services Administration on the current Standard Form 37 (SF-37), the number and dollar amount of awards made to small business under the 8(a) program. The SF-37 may be obtained from the Government Printing Office, Washington, D.C. or local Government supply outlets.

§ 24-1.715 HUD contracts with minority business firms.

§ 24-1.715-1 Applicability and scope.

This section sets forth the policy and procedures for contracting with minority business enterprises. A "minority business enterprise" is defined under 41 CFR 1-1.1310-2(b) as “a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes, Spanish-speaking American persons, American-Orientals,

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