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HomeMy WebLinkAbout1993-02-24 - Minutes - ArchiveMINUTES OF THE REGULAR MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas met in Regular Session at 8:00 A. M. Wednesday February 24th, 1993, in the office of the Authority #1 North School, Fayetteville, Arkansas. Dan Hudspeth Chairperson, called the meeting to order. Upon roll call, the following members were present: Commissioners Present: Hudspeth, Richardson, Fries Commissioners Absent: Clinehens Others Present: Bromo Wilson, Fredia Sawin The Minutes of the January 20, 1993 Regular Meeting were approved by motion, seconded and carried unanimously. The January Financial Statement was approved by motion, seconded and carried unanimously. The Commissioners passes unanimously to table the Election of a Comm- issioner until a Special Meeting to be scheduled for either March 3, 1993 or March 5, 1993 at 8:00 A. M. • RESOLUTION AMENDING THE ADMINISTRATIVE PLAN OF THE FAYETTEVILLE HOUSING AUTHORITY GOVERNING THE SECTION 8 EXISTING HOUSING PROGRAM. Resolution No. 541, was approved by motion, seconded, and carried unanimously. • RESOLUTION ADOPTING REVISED STATEMENT OF PROCUREMENT POLICY. Resolution No. 542, was approved by motion, seconded, and carried unanimously. The Commissioners passed by motion, seconded, and carried unanimously to accept the low bid for Lead Based Paint Testing, which is a requirement of the Modernization Grant. Low bid was $55.00 per unit, forty two units must be tested, total bid being $2,310.00 It was presented to the Board of Commissioners that a Residents Meeting has been scheduled for March 29th, 1993. The Residents have also been given survey packets for their feedback. The Regular Monthly Meeting of the Board of Commissioners has been re- scheduled to March 31, 1993, due to Mr. Bromo Wilsons plan to be out of town on the third Wednesday of March. There being no further business, the meeting was adjourned. ATTEST: THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRPERSON 1 • • RESOLUTION NO. RESOLUTION ADOPTING REVISED STATEMENT OF PROCUREMENT POLICY NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FAYETTEVILLE HOUSING AUTHORITY, that the present Procument Policy be revised to the attached STATEMENT OF PROCUREMENT POLICY. PASSED AND APPROVED THIS :44/ DAY OF ATTEST: 1993 FAYETTEVILLE HOUSING AUTHORITY FAYETTEVILLE, ARKANSAS SECRETARY' .CHAIRPERSON STATEMENT OF PROCUREMENT POLICY TABLE OF CONTENTS I. GENERAL PROVISIONS II. PROCUREMENT AUTHORITY AND ADMINISTRATION III. PROCUREMENT METHODS IV.. CONTRACTOR QUALIFICATIONS AND DUTIES V. TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION VI. SPECIFICATIONS VII. APPEALS AND REMEDIES VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES IX. ETHICS IN PUBLIC CONTRACTING a • • STATEMENT OF PROCUREMENT POLICY Established for Public Housing Agency/Authority Fayetteville Housing Authority by Board action on February 24:1993 (date). This Statement of Procurement Policy complies with HUD's Annual Contributions Contract (ACC), HUD Handbook 7460.8, "Procurement Handbook for Public Housing Agencies," and the procurement standards of 24 CFR 85.36. I. GENERAL PROVISIONS A. PURPOSE The purpose of this Statement of Procurement Policy is to: provide for the fair and equitable treatment of all persons or firms involved in purchasing by the PHA; assure that supplies, services, and construction are procured efficiently, effectively, and at the most favorable prices available to the PHA; promote competition in contracting; provide safeguards for maintaining a procurement system of quality and integrity; and assure that PHA purchasing actions are in full compliance with applicable Federal standards, HUD regulations, and State and local laws. B. APPLICATION This Statement of Procurement Policy (Statement) applies to all contracts for the procurement of supplies, services, and construction entered into by the PHA after the effective date of this Statement. Itshall apply to every expenditure of funds by the PHA for public purchasing, irrespective of the source of funds, including contracts which do not involve an obligation of funds (such as concession contracts); however, nothing in this Statement shall prevent the PHA from complying with the terms and conditions of any grant,contract, gift or bequest that is otherwise consistent with law. The term "procurement," as used in this Statement, includes both contracts and modifications (including change orders) for construction or services, as well as purchase, lease, or rental of supplies and equipment. 2 a • C. PUBLIC ACCESS TO PROCUREMENT INFORMATION Procurement information shall be a matter of public record to the extent provided in [the Arkansas Freedom of Information Act or Act 93 of 1967] and shall be available to the public as provided in that statute. 3 a • II. PROCUREMENT AUTHORITY AND ADMINISTRATION All procurement transactions shall be administered by the Contracting Officer, who shall be the Executive Director or other individual he or she has authorized in writing. The Executive Director shall issue operational procedures to implement this Statement, which shall be based on HUD Handbook 7460.8. The Executive Director shall also establish a system of sanctions for violations of the ethical standards described in Section IX below, consistent with State law. B. The Executive Director or his/her designee shall ensure that: 1. procurement requirements are subject to an annual planning process to assure efficient and economical purchasing; 2. contracts and modifications are in writing, clearly specifying the desired supplies, services, or construction, and are supported by sufficient documentation regarding the history of the procurement, including as a minimum the method of procurement chosen, the selection of the contract type, the rationale for selecting or rejecting offers, and the basis for the contract price; 3. for procurements other than small purchases, public notice is given of each upcoming procurement at least 10 days [or other time period ifrequired by State or local law] before a solicitation is issued; responses to such notice are honored to the maximum extent practical; a minimum of 15 days [or other time period if required by State or local law] is provided for preparation and submission of bids or proposals; and notice of contract awards is made available to the public; 4 a 4. solicitation procedures are conducted in full compliance with Federal standards stated in 24 CFR 85.36, or State and local laws that are more stringent, provided they are consistent with 24 CFR 85.36; 5. an independent cost estimate is prepared before solicitation issuance and is appropriately safeguarded for each procurement above the small purchase limitation, and a cost or price analysis is conducted of the responses received for all procurements; 6. contract award is made to the responsive and responsible bidder offering the lowest price (for sealed bid contracts) or contract award is made to the offeror whose proposal offers the greatest value to the PHA, considering price, technical, and other factors as specified in the solicitation (for contracts awarded based on competitive proposals);. unsuccessful firms are notified within ten days [or other time period required by State or local law] after contract award; 7. there are sufficient unencumbered funds available to cover the anticipated cost of each procurement before contract award or modification (including change orders), work is inspected before payment, and payment is made promptly for contract work performed and accepted; and. 8 the PHA complies with applicable HUD review requirements, as provided in the operational procedures supplementing this Statement. C. This Statement and any later changes shall be submitted to the Board of Commissioners for approval. The Board appoints and delegates procurement authority to the Executive Director and is responsible for ensuring that any procurement policies adopted are appropriate for the PHA. III. PROCUREMENT METHODS A. SELECTION OF METHOD If it has been decided that the PHA will directly purchase the required items, one of the following procurement methods shall be chosen, based on the nature and anticipated dollar value of the total requirement. B. SMALL PURCHASE PROCEDURES 1. General. Any contract not exceeding $25,000.00 may be made in accordance with the small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to constitute a small purchase under this section (except as may be reasonably necessary to comply with Section VIII of this Statement). 2. Petty Cash Purchases. Small purchases under $ 50.00 which can be satisfied by local sources may be processed through the use of a petty cash account. The Contracting Officer shall ensure that: the account is established in an amount sufficient to cover small purchases made during a reasonable period (e.g., one week); security is maintained and only authorized individuals have access to the account; the account is periodically reconciled and replenished by submission of a voucher to the PHA finance officer; and, the account is periodically audited by the finance officer or designee to validate proper use and to verify that the account total equals cash on hand plus the total of accumulated vouchers. 3 Small purchases of $ 2,500.00 or less. For small purchases below $2,500.00 , only one quotation need be solicited if the price received is considered reasonable. Such purchases must be distributed equitably among qualified sources. If practicable, a quotation shall be solicited from other than the previous source before placing a repeat 6 a • order. 4 Small purchases over $ 22500.00 For small purchases in excess of $2,500.00 but not exceeding $25,000.00 no less than three offerors shall be solicited to submit price quotations, which may be obtained orally, by telephone, or in writing, as allowed by State or local laws. Award shall be made to the offeror providing the lowest acceptable quotation, unless justified in writing based on price and other specified factors, such as for architect -engineer contracts. If non -price factors are used, they shall be disclosed to all those solicited. The names, addresses, and/or telephone numbers of the offerors and persons contacted, and the date and amount of each quotation shall be recorded and maintained as a public record (unless otherwise provided in State or local law). C. SEALED BIDS 1. Conditions for Use. Contracts shall be awarded based on competitive sealed bidding if the following conditions are present: a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effectively for the work; the procurement lends itself to a firm fixed price contract; and the selection of the successful bidder can be made principally on the basis of price. Sealed bidding is the preferred method for construction procurement For procurements under the Comprehensive Improvement Assistance Program (CIAP), sealed bidding shall be used for all construction and equipment contracts exceeding the small purchase limitation. For professional services contracts, sealed bidding should not be used. 2. Solicitation and Receipt of Bids. An 7 • a • • • invitation for bids shall be issued including specifications and all contractual terms and conditions applicable to the procurement, including a statement that award will be made to the lowest responsible and responsive bidder whose bid meets the requirements of the invitation for bids. The invitation for bids shall state the time and place for both the receipt of bids and the public bid opening. All bids received shall be time -stamped but not opened and shall be stored in a secure place until bid opening. A bidder may withdraw its bid at any time prior to bid opening. 3. Bid Opening and Award. Bids shall be opened publicly and in the presence of at least one witness. An abstract of bids shall be recorded and the bids shall be available for public inspection. Award shall be made as provided in the invitation for bids by written notice to the successful bidder. If equal low bids are received from responsible bidders, award shall be made by drawing lots or similar random method, unless otherwise provided in State or local law and stated in the invitation for bids. If only one responsive bid is received from a responsible bidder, award shall not be made unless a cost or price analysis verifies the reasonableness of the price. 4. Mistakes in Bids. a. Correction or withdrawal of inadvertently erroneous bids may be permitted, where appropriate, before bid opening by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only if the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. A low bidder • 8 a • • • 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. b. All decisions to allow correction or withdrawal of bid mistakes shall be supported by a written determination signed by the Contracting Officer. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the PHA or fair competition shall be permitted. 5 Bonds. In addition to the other requirements of this Statement, the following requirements apply: a. For construction contracts exceeding $100,000, other than those specified in 5b and 5c below, contractors shall be required to submit the following: (1) a bid guarantee from each bidder equivalent to 5% of the bid price; and (2) a performance bond for 100% of the contract price; and (3) a payment bond for 100% of the contract price. b. In the case of construction of conventional development projects funded pursuant to the U.S. Housing Act of 1937, the contractor shall be required to submit the following: (1) a bid guarantee from each bidder equivalent to 5% of the bid price; and (2) a performance and payment bond for 100% of the contract price. 9 • In the case of construction under the Comprehensive Improvement and Assistance Program (CIAP) funded pursuant to the U.S. Housing Act of 1937, for any contract over $25,000, the contractor shall be required to submit the following: (1) a bid guarantee from each bidder equivalent to 5% of the bid price; and (2) a performance and payment bond for 100% of the contract price. D. COMPETITIVE PROPOSALS 1. Conditions for Use. Competitive proposals (including turnkey proposals for development) may be used if there is an adequate method of evaluating technical proposals and where the PHA determines that conditions are not appropriate for the use of sealed bids. An adequate number of qualified sources shall be solicited. 2. Solicitation. The request for proposals (RFP) shall clearly identify the relative importance of price and other evaluation factors and subfactors, including the weight given to each technical factor and subfactor. 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. The proposals shall be evaluated only on the criteria stated in the request for proposals. 3. Negotiations. Unless there is no need for negotiations with any of the offerors, negotiations shall be conducted with offerors who submit proposals determined to have a reasonable chance of being selected for award, based on evaluation against the technical and price factors as specified in 10 • the RFP. Such offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. The purpose cd negotiations shall be to seek clarification with regard to and advise offerors of the deficiencies in both the technical and price aspects of their proposals so as to assure full understanding of and conformance to the solicitation requirements. No offeror shall be provided information about any other offeror's proposal, and no offeror shall be assisted in bringing its proposal up to the level of any other proposal. Offerors shall not be directed to reduce their proposed prices to a specific amount in order to be considered for award. A common deadline shall be established for receipt of proposal revisions based on negotiations. 4. Award. After evaluation of proposal revisions, if any, the contract shall be awarded to the responsible firm whose qualifications, price and other factors considered, are the most advantageous to the PHA. 5. Architect/Enqineer Services. Architect/ engineer services in the excess of the small purchase limitation will be obtained by qualifications -based selection procedures, Sealed bidding, however, shall not be used to obtain architect/engineer services. Under qualifications -based selection procedures, competitors' qualifications are evaluated and the most qualified competitor is selected, subject to the negotiation of fair and reasonable compensation. Price is not used as a selection factor under this method. Qualifications -based selection procedures shall not be used to purchase other types of services even though architect -engineer firms are potential sources. E. NONCOMPETITIVE PROPOSALS 1. Conditions for use. Procurements shall be conducted competitively to the maximum extent possible. Procurement by noncompetitive proposals may be used only when the award of a contract is not feasible using small purchase procedures, sealed bids, or competitive proposals, and one of the following applies: a. The item is available only from a single source, based on a good faith review of available sources; b. An emergency exists that seriously threatens the public health, welfare, or safety, or endangers property, or would otherwise cause serious injury to the PHA, 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 other procurement methods, and the emergency procurement shall be limited to those supplies, services, or construction necessary to meet the emergency; c. HUD authorizes the use of noncompetitive proposals; or d. After solicitation of a number of sources, competition is determined inadequate. 2. Justification. Each procurement based on noncompetitive proposals shall be supported by a written justification for using such procedures. The justification shall be approved in writing by the Contracting Officer. 3. Price reasonableness. The reasonableness of the price for all procurements based on noncompetitive proposals shall be determined by performing a cost analysis, as described in paragraph IIIF below. 12 COST AND PRICE ANALYSIS 1. General. A cost or price analysis shall be performed for all procurement actions,. including contract modifications. The method of analysis shall be determined as follows. The degree of analysis shall depend on the facts surrounding each procurement. 2. Submission of Cost or Pricing Information. If the procurement is based on noncompetitive proposals, or when only one offer is received, or for other procurements as deemed necessary by the PHA (e.g, when contracting for professional, consulting, or architect/engineer services) the offeror shall be required to submit: a. a cost breakdown showing projected costs and profit; b. commercial pricing and sales information, sufficient to enable the PHA to verify the reasonableness of the proposed price as a catalog or market price of a commercial product sold in substantial quantities to the general public; or c. documentation showing that the offered price is set by law or regulation. 3. Cost Analysis. Cost analysis shall be performed if an offeror/contractor is required to submit a cost breakdown as part of its proposal. When a cost breakdown is submitted: a cost analysis shall be performed of the individual cost elements; the PHA shall have a right to audit the contractor's books and records pertinent to such costs; and profit shall be analyzed separately. Costs shall be allowable only to the extent that they are consistent with applicable Federal cost principles (for commercial firms, Subpart 31.2 of the 13 • • Federal Acquisition Regulation, 48 CFR Chapter 1). In establishing profit, the PHA shall consider factors such as the complexity and risk of the work involved, the contractor's investment and productivity, the amount of subcontracting, the quality of past performance, and industry profit rates in the area for similar work. 4. Price Analysis. A comparison of prices shall be used in all cases other than those described in IIIF3 above. G. CANCELLATION OF SOLICITATIONS 1. An invitation for bids, request for proposals, or other solicitation may be cancelled before offers are due if: the PHA no longer requires the supplies, services or construction; the PHA can no longer reasonably expect to fund the procurement; proposed amendments to the solicitation would be of such magnitude that a new solicitation would be desirable; or similar reasons. 2. A solicitation may be cancelled and all bids or proposals that have already been received may be rejected if: the supplies, services, or construction are no. longer required; ambiguous or otherwise inadequate specifications were part of the solicitation; the solicitation did not provide for consideration of all factors of significance to the PHA; prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds; there is reason to believe that bids or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith; or for good cause of a similar nature when it is in the best interest of the PHA. 14 • • • 3. The reasons for cancellation shall be documented in the procurement file and the reasons for cancellation and/or rejection shall be provided upon request to any offeror solicited. 4 A notice of cancellation shall be sent to all offerors solicited and, if appropriate, shall explain that they will be given an opportunity to compete on any resolicitation or future procurement of similar items. 5 If all otherwise acceptable bids received in response to an invitation for bids are at unreasonable prices, or only one bid is received and the price is unreasonable, the PHA shall cancel the solicitation and either: a. resolicit using a request for proposals; or b. complete the procurement by using the competitive proposals method, following paragraphs IIID3 and IIID4 above (when more than one otherwise acceptable bid has been received), or by using the noncompetitive proposals method and following paragraph IIIE2 above (when only one bid is received at an unreasonable price); provided, that the Contracting Officer determines in writing that. such action is appropriate, all bidders are informed of the PHA's intent to negotiate, and each responsible bidder is given a reasonable opportunity to negotiate. H. COOPERATIVE PURCHASING The PHA may enter into State and local intergovernmental agreements to purchase or use common goods and services. The decision to use an intergovernmental agreement or conduct a direct procurement shall be based on economy and efficiency.. If used, the intergovernmental agreement shall stipulate who is authorized to purchase on behalf of the participating parties 15 • • • and shall specify inspection, acceptance, termination, payment, and other relevant terms and conditions. PHAs are encouraged to use Federal or State excess and surplus property instead of purchasing new equipment and property whenever such use is feasible and reduces project costs. IV. CONTRACTOR QUALIFICATIONS AND DUTIES A. CONTRACTOR RESPONSIBILITY Procurements shall be conducted only with responsible contractors, i.e., those who have the technical and financial competence to perform and who have a satisfactory record of integrity. Before awarding a contract, the PHA shall review the proposed contractor's ability to perform the contract successfully, considering factors such as the contractor's integrity (including a review of the List of Parties Excluded from Federal Procurement and Nonprocurement Programs published by the U.S. General Services Administration), compliance with public policy, record of past performance (including contacting previous clients of the contractor, such as other PHA's), and financial and technical resources. If a prospective contractor is found to be nonresponsible, a written determination of nonresponsibility shall be prepared and included in the contract file, and the prospective contractor shall be advised of the reasons for the determination. B. SUSPENSION AND DEBARMENT Contracts shall not be awarded to debarred, suspended, or ineligible contractors. Contractors may be suspended, debarred, or determined ineligible by HUD in accordance with HUD regulations (24 CFR Part 24) when necessary to protect the PHA in its business dealings. C QUALIFIED BIDDER'S LISTS 16 Interested businesses shall be given an opportunity to be included on qualified bidder's lists. Any prequalified list's of persons, firms, or products which are used in the procurement of supplies and services shall be kept current and shall include enough qualified sources to ensure competition. Firms shall not be precluded froia qualifying during the solicitation period. Solicitation mailing lists of potential contractors shall include, but not be limited to, such prequalified suppliers. V TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION A. CONTRACT TYPES Any type of contract which is appropriate to the procurement and which will promote the best interests of the PHA may be used, provided that the cost -plus -a -percentage -of -cost and percentage of construction cost methods are prohibited. All procurements shall include the clauses and provisions necessary to define the rights and responsibilities of the parties. A cost reimbursement contract shall not be used unless it is likely to be less costly or it is impracticable to satisfy the PHA's needs otherwise, and the proposed contractor's accounting system is adequate to allocate costs in accordance with applicable cost principles (for commercial firms, Subpart 31.2 of the Federal Acquisition Regulation (FAR), found in 48 CFR Chapter 1). A time and material contracts may be used only if a written determination is made that no other contract type is suitable, and the contract includes a ceiling price that the contractor exceeds at its own risk. B. OPTIONS Options for additional quantities or performance periods may be included in contracts, provided that: (i) the option is contained in the solicitation; (ii) the option is a unilateral right of the PHA; (iii) the contract states a limit on the additional quantities and the overall term of the contract; (iv) the options 17 <1 • are evaluated as part of the initial competition; (v) the contract states the period within which the options may be exercised; (vi) the options may be exercised only at the price specified in or reasonably determinable from the contract; and (vii) the options may be exercised only if determined to be more advantageous to the PHA than conducting a new procurement. C. CONTRACT CLAUSES In addition to containing a clause identifying the contract type, all contracts shall include any clauses required by Federal statutes, executive orders, and their implementing regulations, as provided in 24 CFR 85.36(i), such as the following: 1. Termination for convenience, 2. Termination for default, 3. Equal Employment Opportunity, 4. Anti -Kickback Act, 5. Davis -Bacon Act, 6. Contract Work Hours and Safety Standards Act, reporting requirements, 7. Patent rights, 8. Rights in data, 9. Examination of records by Comptroller General, retention of records for three years after closeout, 10. Clean air and water, 11. Energy efficiency standards, 12. Bid protests and contract claims, 13. Value engineering, and 14. Payment of funds to influence certain Federal transactions. 18 • • The operational procedures required by section IIA of this statement shall contain the text of all clauses and required certifications (such as required non -collusive affidavits) used by the PHA. CONTRACT ADMINISTRATION A contract administration system designed to insure that contractors perform in accordance with their contracts shall be maintained. The operational procedures required by Section IIA above shall contain guidelines for inspection of supplies, services, or construction, as well as monitoring contractor performance, status reporting on construction contracts, and similar matters. For cost reimbursement contracts with commercial firms, costs are allowable only to the extent that they are consistent with the cost principles in FAR Subpart 31.2. 19 • • VI. SPECIFICATIONS A. GENERAL All specifications shall be drafted so as to promote overall economy for the purposes intended and to encourage competition in satisfying the PHA's needs. Specifications shall be reviewed prior to solicitation to ensure that they are not unduly restrictive or represent unnecessary or duplicative items. Functional or performance specifications are preferred. Detailed product specifications shall be avoided whenever possible. Consideration shall be given to consolidating or breaking out procurements to obtain a more economical purchase (but see VIII below). For equipment purchases, a lease versus purchase analysis should be performed to determine the most economical form of procurement. LIMITATIONS The following specification limitations shall be avoided: geographic restrictions not mandated or encouraged by applicable Federal law (except for architect -engineer contracts, which may include geographic location as a selection factor if adequate competition is available); unnecessary bonding or experience requirements; brand name specifications (unless a written determination is made that only the identified item will satisfy the PHA's needs); brand name or equal specifications (unless they list the minimum essential characteristics and standards to which the item must conform to satisfy its intended 20 • • • • use). Nothing in this procurement policy shall preempt any State licensing laws. Specifications shall be scrutinized to ensure that organizational conflicts of interest do not occur (for example, having a consultant perform a study of the PHA's computer needs and then allowing that consultant to compete for the subsequent contract for the computers). VII. APPEALS AND REMEDIES A. GENERAL It is the PHA's policy to resolve all contractual issues informally at the PHA level, without litigation. Disputes shall not be referred to HUD until all administrative remedies have been exhausted at the PHA level. When appropriate, the PHA may consider the use of informal discussions between the parties by individuals who did not participate substantially in the matter in dispute, to help resolve the differences. HUD will only review protests in cases of violations of Federal law or regulations and failure of the PHA to review a complaint or protest. B. BID PROTESTS Any actual or prospective contractor may protest the' solicitation or award of a contract for serious violations of the principles of this Statement. Any protest against a solicitation must be received before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten calendar days after contract 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 ContractingOfficer may, at his or her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented. 21 • • • C. CONTRACT CLAIMS All claims by a contractor relating to performance of a contract shall be submitted in writing to the Contracting Officer or designee for a written decision. The contractor may request a conference on the claim. The Contracting Officer's decision shall inform the contractor of its appeal rights to [a higher level in the PHA, such as the Executive Director or a designated Board member, or a Procurement Appeals Board]. VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES A. REQUIRED EFFORTS 1. Consistent with Presidential Executive Orders 11625, 12138, and 12432, and Section 3 of the HUD Act of 1968, the PHA shall make efforts to ensure that small and minority- owned businesses, women's business enterprises, labor surplus area businesses, and individuals or firms located in or owned in substantial part by persons residing in the area of a PHA project are used when possible. Such efforts shall include, buc shall not be limited to: a. Including such firms, when qualified, on solicitation mailing lists; b. Encouraging their participation through direct solicitation of bids or proposals whenever they are potential sources; c Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by such firms; d. Establishing delivery schedules, where the requirement permits, which encourage participation by such firms, e Using the services and assistance of the Small Business Administration, and the Minority Business Development 22 • Agency of the Department of Commerce; f Including in contracts a clause requiring contractors, to the greatest extent feasible, to provide opportunities for training and employment for lower income residents of the project area and to award subcontracts for work in connection with the project to business concerns which are located in, or owned in substantial part by persons residing in the area of the project, as described in 24 CFR 135; Requiring prime contractors, when subcontracting is anticipated, to take the positive steps listed in Ala through Alf above. g• 2 Goals may be established by the PHA periodically for participation by small businesses, minority-owned businesses, women's business enterprises, labor surplus area businesses, and business concerns which are located in, or owned in substantial part by persons residing in the area of the project, in the PHA's prime contracts and subcontracting opportunities. B. DEFINITIONS 1. A small business is defined as a business which 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 121 shall be used, unless the PHA determines that their use is inappropriate. 2 A minority-owned business is defined as a business which is at least 51% owned by one or more minority group members; or, in the case of a publicly -owned business, one in which at least 51% of its voting stock is owned by one or more minority group members, and whose management and daily business 23 • • operations are controlled by one or more such individuals. Minority group members include, but are not limited to Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans and Asian Indian Americans, and Hasidic Jewish Americans. 3. A women's business enterprise is defined as a business that is at least 51% owned by a woman or women who are U.S. citizens and who also control or operate the business. 4. 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 U.S. Department of Labor in 20 CFR 654, Subpart A, and in lists of labor surplus areas published by the Employment and Training Administration. 5. A business concern located in the area of the project, is defined as an individual or firm located within the relevant Section 3 covered project area, as determined pursuant to 24 CFR 135.15, listed on HUD's registry of eligible business concerns, and meeting the definition of small business above. P. business concern owned in substantial part by persons residing in the area of the project is defined as a business concern which is 51% or more owned by persons residing within the Section 3 covered project, owned by persons considered by the U.S. Small Business Administration to be socially or economically disadvantaged, listed on HUD's registry of eligible business concerns, and meeting the definition of small business above. 24 • • IX. ETHICS IN PUBLIC CONTRACTING A. GENERAL The PHA shall adhere to the following code of conduct, consistent with applicable State or local law. CONFLICT OF INTEREST No employee, officer or agent of this PHA shall participate directly or indirectly in the selection or in the award or administration of any contract if a conflict, real or apparent, would be involved. Such conflict would arise when a financial or other interest in a firm selected for award is held by: 1. An employee, officer or agent involved in making the award; 2. His/her relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister); 3. His/her partner; or, 4 An organization which employs, is negotiating to employ, or has an arrangement concerning prospective employment of any of the above. 25 • C. GRATUITIES, KICKBACKS, AND USE OF CONFIDENTIAL INFORMATION PHA officers, employees or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subcontracts, and shall not knowingly use confidential information for actual or anticipated personal gain. D. PROHIBITION AGAINST CONTINGENT FEES Contractors shall not retain a person to solicit or secure a PHA contract for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial selling agencies. 26 RESOLUTION NO. 52# RESOLUTION AMENDING THE ADMINISTRATIVE PLAN OF THE FAYETTEVILLE HOUSING AUTHORITY GOVERNING THE SECTION 8 EXISTING HOUSING PROGRAM WHEREAS, the Fayetteville Housing Authority Administrative Plan governing the Section 8 Housing Program needs to be amended & revised from time to time, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FAYETTEVILLE HOUSING AUTHORITY THAT THE FOLLOWING AMENDMENTS ON THE FOLLOWING ATTACHED PAGES BE APPROVED. PASSED AND APPROVED THIS DAY OF 1993 FAYETTEVILLE HOUSING AUTHORITY FAYETTEVILLE, ARKANSAS SECRETARY CHAIRPERSON a • • ,. Rev 2/93 • 8-2 The Fayetteville Housing Authority will make the appropriate changes in the records used to disburse HAP checks to Owners and any other records used as a cross-check' payments. 8.3 Misrepresentation at Annual Recertification If the recertification discloses that the Family at the time of admission or at any previous recertification make misrepresentations which resulted in his being classified as eligible when in fact he was ineligible, assistance on behalf of the Family may be terminated even though he may currently be eligible. Furthermore, if at the time of recertification it is found that the Family misrepresents or fails to provide facts which resulted in additional housing assistance being paid, he/ she will be required to pay the difference between the Total Tenant Payment he has paid and the amount he should have paid. In justifiable cases, The Fayetteville Housing Authority may take such other action as deemed advisable. If the Fayetteville Housing Authority is unable to complete the annual recertification by the established date of recertification due to the fault of the resident, there will be a period whereby the Family receives no assistance. If, by no fault of the Family, the Fayetteville Housing Authority is unable to complete the annual recertification by the date of recertification, the effective date of any increase in Total Tenant Payment will be the first day of the month following com- pletion of recertification; the effective date of any decrease in Total Tenant Payment will remain the date of recertification and the Family will be given the appropriate Total Tenant Payment credits for overpayment. 8.4 Interim Adjustments of Total Tenant Payment DuringItheperiod between annual recertification a Family need only report those unanticipated changes which involve loss or gain of a Family member, lessee, or source of income. However, after Total Tenant Payment has been adjusted downward, the Family must report all subsequent changes in Annual Income and Family's composition within ten (10) days of such changes. The Family's housing assistance will be adjusted accordingly. If the initial rental payment stated in the contract is based on unearned income the Rental payments will be adjusting during the contract term to reflect any change. For earnedlincome contracts will only be adjusted if the interim change makes over'a $50.00 difference. Adjustments will not be made for cost of living increases in Social Security or SSI benefits. These increase in income will be added at the time of Family's recertification. Increases in Total Tenant Payment will be made effective the first of the second month following the month in which the change occurred. Decreases in Total Tenant Payment will be made effective the first of the month following that in which the change is reported. Interim changes in Total Tenant Payment may be made by the Fayetteville Housing Authority if changes in the Schedule of Utility Allowances necessitate such changes. • • a • Rev 2/93 4-1 4.0 OCCUPANCY 4.1 Application/Interviewing Process 1 The Fayetteville Housing Authority has an office in the geographical area that is easily accessible to interested families. The office has sufficient space to afford families adequate privacy during interviews. Families may make application for the program according to times stated on cover sheet of application. Applications will also be accepted through the mail. All families will be required to make application on the form attached. See Schedule 1/3. The Fayetteville Housing Authority interviewer will explain the program and its pro- cedures clearly and patiently. The application will be dated and time stamped and signed by the adult member of the Family. The Fayetteville Housing Authority will do a quick assessment of the applicants potential eligibility based on the information on the application and convey this to the Family. 4.2 Eligibility/Ineligibility There are to be eligible for admission only those applicants: A. Who qualify as a Family as defined in Section 2.16 of ' this Plan. The definition of a Family does not exclude a person named on the Lease living alone during the temporary absence of a Family member who will later live regularly as a part of the Family. B. Whose income for eligibility does not exceed the very - low income limits for Admission established by the Department of HUD. If a Family is obviously ineligible at the time of applica- tion, the Family will be informed before leaving the office and the reasons explained. 4.3 Waiting List/Selection Preference A Waiting List of all income eligible families who have applied for participation in the Section 8 Program shall be maintained. The list shall be maintained in date and time order of application and may include the Family's name, preference for which it is eligible, household type, appropriate size of Certificate, date income was verified, and date Certificate was issued (or the number of the Certificate). The Waiting List is attached as Schedule 114. t • • ,i Date Applicant's Name Current Address City FAYETTEVILLE HOUSING AUTHORITY 11 NORD! SCHOOL AVE FAYETTEVILLE, ARKANSAS 72701-5928 Application for Rental Assistance • Mayen Name 'j I State Zlp Code Phone Number LIST All MEMBERS WHO WILL BE LIVING IN THE ASSISTED Ub Full Name Relation Birth Date - Birth Place Age Sex Social Security N :• 'I •i I 1 . Marital Status of Head of Household: _ Married _ Divorced _ Sing e _ Widowed Race of Head of Household: _ White _ Black _ American Indian _ Asian Does anyone live with you who is not listed above? If yes, please explain Do you plan to have anyone living with you In the future who Is not listed above? If yes, please explain. Is the head or spouse of this household handicapped or disabled? If yes, please explain the nature and the extent of the handicap. Ident0y any special housing needs required as a result of the handicap. Is head of household or spouse expecting? If so Indicate due date. CURRENT HOUSING STATUS Are you currently renting or living with someone? How Many people live In your unit now? How many bedrooms do you have? Do you wish to move? 0 yes, why? Are you being evicted? If yes, why? What is your current rent? What utilities do you pay? Have you ever lived In public housing? 0 yes, where? Have you ever panlcipated In the Section 8 existing program? If yes when? If you haven't panicipated have you ever applied for the Section 8 existing program? If yes, when? FOR OFFICE USE ONLY: Application Number Number of Bedrooms • • • INCOME INF9RMAT1ON . >! PLEASE ANSWER EACH OF THE FOLLOWING QUESTIONS. FOR EACH 'YES ANSWER YES NO • PROVIDE THE DETAILS IN THE CHART BELOW. • i • 1. Is any member of your household employed, full-time, Ipart-Lime, or seasonally? • 2. Does any member of your household expect' to wok fol ranyperiod during the next 12 3. Does any member of your household work for someone %Air, pays them in cash? 4. Is any member of your household on leave of absence from work due to layoff, medical, maternity, or military leave? 5. Does any member of your household now receive, or expect to receive unemployment benefits? . , . ; I 6. Does any member of your family now receive or expect to receive child support? 7. Is any member of your household entitled to child support that he/she Is not receiving? .I 6, Does any member of your household now receive or expect to receive alimony payments? ' 9. Is any member of your household entitled to alimony payments that he/she Is not • receiving? 10. Does any member of your household receive or expect to receive welfare assistance? 11. Does any member of your family receive or expect to receive Social Security benefits? 12. Does any member of your household receive or expect o receive income from a pension or annuity? 13. Doesany member of your household receive anycash contributions from individuals not living In the unit or from agencies? 14. Does any member of your household receive Income from assets Including interest on cheating or savings accounts, interest and dividends from certificates of deposit, stocks or bonds, Income from the rental of propenyl 15. Does any member of your household receive or expect to receive an eamed Income tax credit? 16. Does any member of your household receive financial aid from attending a college or • university? Family Member Source of Income/Type of Income Annual Income • • i> Family Member ' Bank Name Account Number Current Balance • /1 INFORMATION CONTINUED . UR value of all stocks, bonds, trusts, pension contributions, or other assets: Do you own a home or other real estate? If yes, what Is the present value? Have you sold or given away real property or other assets In the past two years? If yes, what Is the current market value of the asset? • IMPENSES Do you pay for child care which enables you or another family member w work or go to school? If yes, give name and address of child care provider, weekly cost, and name of family member enabled to work Do you attend a college or university? If yes what is die cost of your tuition, fees and books? • HANDICAPPED FAMILIES ONLY Do you pay for a care assistant or for any equipment for the handicapped member of the family necessary to permit that person or someone else In the family to work? If yes, describe expenses. ELDERLYFAMIUES ONLY i Dogyou have Medicare? If yes, what is your premium? Do you have any other kind of medical Irssurancef If yes, give policy number and agents name • Dayou oscine medical assistance through the welfare departmend Do you have any outstanding medical bills on which you are paying? Do you expect to have any medical expenses during the next 12 months? IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS, PLEASE FILL OUT THE CHART ON THE FOLLOWING PAGE • • • I' • . UR value of all stocks, bonds, trusts, pension contributions, or other assets: Do you own a home or other real estate? If yes, what Is the present value? Have you sold or given away real property or other assets In the past two years? If yes, what Is the current market value of the asset? • IMPENSES Do you pay for child care which enables you or another family member w work or go to school? If yes, give name and address of child care provider, weekly cost, and name of family member enabled to work Do you attend a college or university? If yes what is die cost of your tuition, fees and books? • HANDICAPPED FAMILIES ONLY Do you pay for a care assistant or for any equipment for the handicapped member of the family necessary to permit that person or someone else In the family to work? If yes, describe expenses. ELDERLYFAMIUES ONLY i Dogyou have Medicare? If yes, what is your premium? Do you have any other kind of medical Irssurancef If yes, give policy number and agents name • Dayou oscine medical assistance through the welfare departmend Do you have any outstanding medical bills on which you are paying? Do you expect to have any medical expenses during the next 12 months? IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS, PLEASE FILL OUT THE CHART ON THE FOLLOWING PAGE • • • "1' L • • •!I • COMMENTS / ADDITIONAL INFORMATION • APPLICANT CERTIFICATION VWe certify that the Information given to the Fayetteville Housing Authority on household composition, income, net family assets, and allowances and deductions Is accurate and complete to the best of my/our knowledge and belief. VWeunderstand that false statements orInformation arepunishablebyFederalLaw. VWe also understand that false statements or Information are grounds for termination of housing assistance and termination of tenancy. VWe do hereby authorize the Fayetteville Housing Authority and Its staff to contact any agencies, offices, groups, or organizations to obtain any information or materials which are deemed necessary to complete or verify my application.. SIGNATURE OF HEAD Date Date SIGNATURE OF SPOUSE Application taken by • • • • 1 r • Family Member Description of Expense Cost i , I -I :i •!I • COMMENTS / ADDITIONAL INFORMATION • APPLICANT CERTIFICATION VWe certify that the Information given to the Fayetteville Housing Authority on household composition, income, net family assets, and allowances and deductions Is accurate and complete to the best of my/our knowledge and belief. VWeunderstand that false statements orInformation arepunishablebyFederalLaw. VWe also understand that false statements or Information are grounds for termination of housing assistance and termination of tenancy. VWe do hereby authorize the Fayetteville Housing Authority and Its staff to contact any agencies, offices, groups, or organizations to obtain any information or materials which are deemed necessary to complete or verify my application.. SIGNATURE OF HEAD Date Date SIGNATURE OF SPOUSE Application taken by • • • • 1 r • • • PLEASE ANSWER EVERY QUESTION COMPLETELY, 1. Oct you own a vehicle? Tip No. and A ;BLatP Model/Ys , 2. Doss anyone outside your household Day ▪ for any of Your bills or give you money? Ye//N0 If yes, explain. . ., • al; • 4. Have you. or any other adult members aver used any name(s) or Social Security' number(s) other* than the one you are currently using? Tetra If yes, explaln. S. Hake you or anyone In your household ever been convicted of any crime other than traffic violations Ves/No If yes, explain. (Applies to Public Housing applicants only.) b. Hove you ever committed anylfraud in a Federally 'assisted housing program or been requested to repay. - money for knowingly misrsprsesnting SnformatSY=s ;or such housing programl7 Yes/No explain. 1. do hereby affirm and attest that all of the information above about me is true and correct. 1 also understantl that all changes In the Income of any member of the household as well as any change to family composition must be reported to the Housing Authority, In WRITING JMMFDIATELY. •I''1 Signature Hud of Household , Signature of Spouse Signature of Other Adult • Signature of Other Adult • WARNING! TITLE 18. RECTION 1001 OF THE UNITED STATES CODE, STATES THAT A PERSON 18 GUILTY, OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OR AGENCY OF THE UNITED STATES IMPORTANT:PLEASE READ You may be eligible for a FEDERAL PREFERENCE. You r111 not he Immediately offend housing, but 11 you ere found to be eligible you may receive assistance sooner. • You will In responsible for plodding verifiable documentation and other Information to the hosing Authority In order W establish your lewdly's eligibility for a FEDERAL PREFERENCE. Meese read the following 1St carefully and check any mean wlich you believe qualify you for a PREFERENCE. 1/ none apply to you, be sure to sign and date the form. Il! 1 t i;. • • • t• Ilrl1 r 1 1 FEDERAL PREFERENCE I I I am claiming the prelorence checked below, and'apres to provide the Information and documan on necenary to establish my claim.; INVOLUNTARY DISPLACEMENT 1 Fire, flood or other natural disaster (must be documented by lettere from ---7— government agency, newspaper account, etc-). Action by local, state or federal government (mut be documented by cerllllcalloo from the government whtctli caused your displacement). Action by your landlord which did not' result 1 om acts by you or your family, on from • rent Increase. Does not Include eviction for non- payment of rant. (Must be documented by • signed statement from your landlord which describes the reason for your displacement). Displacernlnt became of actual or threatened vlolenca agdmt you or another family member by • member o1 your, household (claim must be docu- mented by • government or private social service agency which hu Investigated your claim of family violence). i. j SUBSTANDARD HOUSING•- A UNIT 15 SUBSTANDARD IF. IT: • 1 Is dilapidated. I ' Does not have operable Indoor plumbing.: Does not have • usable flush toilet Imide the unit for the exclusive use of the family. • Don not have a usable bathtub or shower Inside the unit for the exclusive .. . _. use o/ the family..- — Does not have electricior hes inadequate or unsafe electrical service. Dom not have • •11• or adequate source of hest. Does not have • kitchen. Has been declared unlit for habitation by en sgency or unit o/ government. Must be verified by certification by • government agency that one or mon' of the above condition exists. HOMELESS limy family am/Is homeless or temporarily lives In a shelter (must be certified by • government scanty or • private•social service agency knowledgeable of your situation or providing temporary •helm to I you of your family. • (NOP CQISiDENED NQWLESs. IF LIVING NITR moan OR RELATIVES.) PAY MORE THAN 5O% FOR HOUSING Pay morn than SOS of gross family Income for rent and utility costs (must be documented by CURRENT rent receipts, cancelled checks, hese, CURRENT utility bill stubs, or other Information enabling the Housing Authority to determine the actual amount; and verification of your total family income Irom all sources). TO !R]BMIT INCORRECT, FALSE, MISLEADING OR INCOMPLETE INFORMATION MAY CAUSE YOUR FAMLY TO BE DENIED OR DELAYED IN RECEIVING RENTAL ASSISTANCE, AND 18 A VIOLATION OF THE LAW WHICH MAY RESULT IN PROSECUTION. WHEN YOU SON ANO RETURN THIS FORM, PLEASE BE SURE THAT THE INFORMATION WHICH YOU HAVE SUPPLIED IS TRUE AND CORRECT. • I CERTIFY THAT THE ABOVE INFORMATION 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Hoo of Household bate ALL INFORMATION MUST BE RE -VERIFIED AT TIME OF ACCEPTANCE • • a. 4-4 ADMINISTRATIVE PLAN AMENDMENT PORTABILITY - SECTION 8 CERTIFICATES/VOUCHERS The PHA will strive to provide families with the broadest geographical choice ofhousing opportunities through portability. Applicants will be notified at the time of their application, and assisted families will be informed at each annual re -certification that the assistance offered by the PHA is not limited to the PHA's jurisdiction, in that the option of portability is o ffered. An assisted family may move any number of times u sing portability, but the families utilizing the certificates and vouchers of this PHA are limited to not more than one move in any 12 month period. When this PHA is notified that a family is wanting to move their certificate or voucher from another PHA's jurisdiction to this jurisdiction, assistance will be provided to the family using a certificate or voucher from our own funding sources, if one is available at the'time of the notification. If a certificate or voucher is not available at the time ofthe notification, we will agree to administer the voucher or certificate from the initial PHA. PORTABILITY - REGULATORY Voucher assisted families will have the opportunity to move to another PHA's jurisdiction under the provisions for "portability". The PHA administering a Housing Voucher Program in the jurisdiction to which the family wishes to move (Called "Receiving PHA") is required to accept that 'family and provide services to the family as if the family were part of its own Voucher program. If the PHA that has jurisdiction in the location to which the family wants to move does not have a Housing Voucher Program, that PHA is not required to administer the Voucher assistance on behalf of the family. However, it is encouraged to do so, or to issue the family an available Section 8 Certificate, if applicable. A family is eligible for portability if it is a participant in a PHA's Voucher Program or lives in a PHA's jurisdiction and is a Voucher holder. A PHA may deny a family's request to move if the move would result in more than 15% of the PHA's leased units being used by families moving under regulatory portability. • • 1 4. PAGE 2 Portability, Administrative Plan Amendment 4-4 PORTABILITY - STATUTORY Any family assisted by the PHA under the certificate and housing voucher programs may receive such assistance to rent. an eligible dwelling unit if the dwelling unit to which the family moves is within the same state. This does not affect those regulatory provisions governing portability by housing voucher families to Jurisdictions outside the same state and outside the same area in which the Jurisdiction of the issuing PHA is located. Statutory portability applies to a family that is a certificate or housing voucher holder. Statutory portability applies if the dwelling unit to which the family is moving is located anywhere within the same state as the PHA. Housing Voucher holders or participants that do not qualify for assistance under the statutory portability provisions are permitted to make portable moves under the regulatory portability provisions. Except as modified below, the procedures for portability found in 24 CFR 887 Subpart L of the housing voucher regulations (Regulatory) should be followed for all statutory certificate and housing voucher moves within the same State, as follows: A. The PHA with either a certificate or housing voucher program into whose Jurisdiction the family moves ("Receiving PHA") with assistance under the portability statute must assume the responsibil- ities of the issuing PHA toward the family. B. If no PHA with either a certificate or housing voucher program has Jurisdiction under State law for the area where the dwelling unit is located to which the family moves under statutory portability, the issuing PHA must fulfill the PHA responsibilities under the housing voucher or certificate programs and must provide assistance to the family at the new dwelling unit. For this purpose, Federal law overrides State law limitations on PHA jurisdiction and permits the issuing PHA to administer outside its normal State law jurisdiction or out of state. The 15% limitation in Section 887.563 does not apply to moves under statutory portability. • f 4-4 PAGE 3 Portability Administrative Plan Amendment D. An applicant who holds a current (unexpired) certificate or housing voucher of•the issuing PHA is eligible for statutory portability within the same State even if (1) the issuing PHA has not executed an assistance contract on behalf of the family, or (2) the family does not live within the jurisdiction of the issuing PHA. EXCEPTIONS TO PORTABILITY A. Any Family issued a certificate or voucher that did not live in the jurisdiction of the issuing PHA at the time the Family applied for assistance, must lease a unit in the jurisdiction of the Housing Authority for at least 12 months.before the Family could make a portability move outside the PHA's jurisdiction. • a •1 •PAGE 4 . Portability Administrative Plan Amendment • • • 4-4 INITIAL PHA RESPONSIBILITIES The initial PHA is defined as the PHA administering a Section 8 Certificate or Housing Voucher program that has a participant who wishes to move, or has moved, to another PHA's jurisdiction. The responsibilities of the initial PHA include: • A. Administering its own Certificate or Voucher program to ensure financial ability to provide continued assistance in accordance with portability procedures. B . Determining whether the PHA in the area to which a family wants to move under portability administers a Voucher and/or Certificate program and would be willing to accept the family and administer the certificate/voucher from the initial PHA, or if the receiving PHA elects to provide assistance to the family utilizing funding of its own certificate or voucher program. C. Notifying the receiving PHA to expect the family and must verify to the receiving PHA that the family was income eligible when admitted, that the family was issued a certificate/voucher consistent with federal regulations on selection (See 24 CFR 887.155), and must state the date by which the family must submit a request for lease approval to the receiving PHA (governed by 24 CFR 887.165). D . Continuing to retain the funding for the Certificate/Voucher under its ACC after the family moves. E . Reimbursing the receiving PHA for the full amount of the housing assistance payments which the receiving PHA makes on behalf of the family. (This reimbursement provision does not apply if the receiving PHA elects to assist the family utilizing funding under the ACC for its own Voucher or Certificate Program). • F. Reimbursing the receiving PHA for 80% of the initial PHA's ongoing Administrative Fee for each unit month the family is assisted in the receiving PHA's jurisdiction using the initial PHA's certificate or voucher. If applicable, the initial PHA is entitled to the preliminary and hard to house fee. If the family leaves the program, or if the receiving PHA provides assistance to the family under its own Voucher or Certificate program, the initial PHA is again free to use the funding for other families. • • • • a 4-4 PAGE 5 Portability Administrative Plan Amendment RECEIVING PHA RESPONSIBILITIES The Receiving PHA is defined as the PHA administering a Voucher or Certificate Program that accepts a Voucher or Certificate holder who moves from another PHA's jurisdiction under portability. The responsibilities of the receiving PHA include: • A. Assisting the family moving from the voucher or certificate program of the initial PHA. The receiving PHA may not limit the number of families so assisted. When notified that a family wishes to move into its jurisdiction, the receiving PHA will issue a certificate or voucher out of its own ACC funding, if one is available or it may accept the certificate or voucher from the initial PHA and will administer it for the family. If the receiving PHA does not administer a Voucher Program, but does administer a certificate program, it may either (1) refer the initial PHA to another PHA (state-wide or multi -jurisdictional) which does administer the Voucher Program in their jurisdiction, or (2) administer the Voucher assistance on behalf of the family and bill the initial PHA, or (3) Issue one of its Certificates to the family. The option belongs to the receiving PHA, not to the family or the initial PHA. B. Billing the initial PHA for the Housing Assistance Payment and 80% of the initial PHA's administrative fee for any certificates and/or vouchers it administers for the initial PHA. If cost justified, the receiving PHA may also bill the initial PHA for the preliminary fee (which the initial PHA, in turn, bills to HUD). C. Recertifying the family's income eligibility initially and annually thereafter as long as the family is assisted by the receiving PHA. Receiving PHA may not deny assistance to the family on the grounds that the family's income exceeds the eligibility income limits in the receiving PHA's jurisdiction. D. Communicating with the initial PHA and reporting immediately to the initial PHA if the family fails to submit a request for lease approval by the date specified by the initial PHA. 'PAGE 6 Portability Administrative Plan Amendment 4=4 E. Determining Housing Assistance Payments in accordance with regulations 24 CFR 887.353. If the receiving PHA does not administer a voucher program, then it must adopt a Payment Standard based on the FMR in e ffect for its jurisdiction at the time it begins administering a voucher, and must follow all other applicable regulations and perform all other functions normally associated with providing voucher assistance. F. Notifying the initial PHA if the family ceases to be a current participant in the initial PHA's program, e ither by termination of assistance to the family or by the receiving PHA issuing one of its own vouchers o r certificates to the family. • •