1、421 Asst. Secry., for Public and Indian Housing, HUD 963.5 beginning with PHA fiscal years that commence on or after January 1, 2001. PART 963PUBLIC HOUSING CONTRACTING WITH RESIDENT- OWNED BUSINESSES Subpart AGeneral Sec. 963.1 Purpose. 963.3 Applicability. 963.5 Definitions. Subpart BContracting w
2、ith Resident- Owned Businesses 963.10 Eligible resident-owned businesses. 963.12 Alternative procurement process. AUTHORITY: 42 U.S.C. 1437 and 3535(d). SOURCE: 57 FR 20189, May 11, 1992, unless otherwise noted. Subpart AGeneral 963.1 Purpose. The purpose of this part is to en-hance the economic opp
3、ortunities of public housing residents by providing public housing agencies with a method of soliciting and contracting with eligi-ble and qualifed resident-owned busi-nesses (as defined in this part) for pub-lic housing services, supplies, or con-struction. The contract award method provided by thi
4、s part is based on the established procurement procedures set forth in 24 CFR 85.36, with solicitation as provided by these procedures limited to resident-owned businesses. The con-tract award method provided by this part is not a requirement. It is an al-ternative procurement method avail-able to p
5、ublic housing agencies, subject to the conditions set forth in this part, and subject to permissibility under State and local laws. 963.3 Applicability. The policies and procedures con-tained in this part apply to public housing developments that are owned by public housing agencies (PHAs) and that
6、are covered by Annual Contribu-tions Contracts (ACC) with the Depart-ment. Public housing contracts eligible to be awarded under the alternative procurement process provided by this part are limited to individual contracts that do not exceed $1,000,000. Resident- owned businesses eligible to partici
7、-pate in the alternative procurement process are limited to those that meet the eligibility requirements of 963.10. The policies and procedures contained in this part are consistent with the ob-jectives of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and similar Fede
8、ral re-quirements imposed on public housing programs. (See 24 CFR 941.208(a) and 24 CFR 968.110(a). 57 FR 20189, May 11, 1992, as amended at 59 FR 33895, June 30, 1994 963.5 Definitions. The terms HUD and Public housing agency (PHA) are defined in 24 CFR part 5. Act. The U.S. Housing Act of 1937 (42
9、 U.S.C. 1437). Alternative procurement process. The alternative method of public housing contract award available to public housing agencies and eligible resident- owned businesses under the conditions set forth in this part. Annual Contributions Contract (ACC). See definition in 24 CFR 968.105. Cer
10、tification. A written assertion based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector Gen-eral, and the public, which assertion shall be deemed to be accurate for pur-poses of this part, unless the Secretary determines otherwise after inspecting t
11、he evidence and providing due notice and opportunity for comment. Contract or public housing contract. Any contract awarded by a PHA for services, supplies, or construction nec-essary for the development, operation, modernization, or maintenance of pub-lic housing. Management officials. The individu
12、als who possess the power to make the day-to-day, as well as major, decisions on matters of management, policy, and operations of the resident-owned busi-ness. Principal. An owner, partner, direc-tor, or management official of the resi-dent-owned business with the power and authority to represent th
13、e business and to execute contract, leases, agree-ments, and other documents on behalf of the business. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networkin
14、g permitted without license from IHS-,-,-422 24 CFR Ch. IX (4111 Edition) 963.10 Public housing or public housing devel-opment. Any public housing develop-ment which is owned by a Public Hous-ing Agency (PHA) and is receiving funds under an Annual Contribution Contract (ACC). Public housing resident
15、. Any indi-vidual who resides in public housing as a signatory on a public housing lease, or as a member of the family of the in-dividual(s) who is the signatory on the public housing lease. Resident-owned business. Any business concern which is owned and controlled by public housing residents. (The
16、 term resident-owned business includes sole proprietorships.) For purposes of this part, owned and controlled means a business: (1) Which is at least 51 percent owned by one or more public housing resi-dents; and (2) Whose management and daily business operations are controlled by one or more such i
17、ndividuals. All securities which constitute owner-ship or control of a corporation for pur-poses of establishing the business as a resident-owned business shall be held directly by the public housing resi-dents. No securities held in trust, or by any guardian for a minor, shall be con-sidered as hel
18、d by the public housing resident in determining the ownership or control of a corporation. 57 FR 20189, May 11, 1992, as amended at 61 FR 5215, Feb. 9, 1996 Subpart BContracting With Resident-Owned Businesses 963.10 Eligible resident-owned busi-nesses. To be eligible for the alternative pro-curement
19、 process provided by this part, a business must meet the following re-quirements, and must submit evidence to the PHA, in the form described below, or as the PHA may require, that shows how each requirement has been met. (a) Legally formed business. The busi-ness shall submit certified copies of any
20、 State, county, or municipal li-censes that may be required of the business to engage in the type of busi-ness activity for which it was formed. Where applicable (as for example, in the case of corporations), the business also shall submit a certified copy of its corporate charter or other organiza-
21、tional document that verifies that the business was properly formed in ac-cordance with State law. (b) Resident-owned business. The busi-ness shall submit a certification that it is a resident-owned business as defined by this part. The business shall dis-close to the PHA all owners of the busi-ness
22、, and each owners percentage of ownership interest in the business. The business also shall disclose all individ-uals who possess the power to make the day-to-day, as well as major, deci-sions on matters of management, pol-icy, and operations (management offi-cials). The business shall identify all
23、owners and management officials who are not public housing residents, and shall disclose any relationship that these owners and officials may have to a business (resident- or non-resident- owned) engaged in the type of business activity with which the resident-owned business is engaged. For purposes
24、 of this part, relationship means em-ployment by, or having an ownership interest in, a business. The business also shall submit such evidence as the PHA may require to verify that the owner or owners identified as public housing residents reside within public housing of the PHA. (c) Responsibility
25、to complete contract. The business shall submit evidence suf-ficient to demonstrate to the satisfac-tion of the PHA that the business has the ability to perform successfully under the terms and conditions of the proposed contract. Consideration will be given to various factors, including but not lim
26、ited to those identified in 24 CFR 85.36(b)(8) and also to such mat-ters as proof of completion of courses in business administration or financial management, and proof of job training or apprenticeship in the particular trade, business, profession, or occupa-tion. (d) Limitation on alternative proc
27、ure-ment contract awards. The business shall submit a certification as to the number of contracts awarded, and the dollar amount of each contract award received, under the alternative pro-curement process provided by this part. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00432 Fmt 801
28、0 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-423 Asst. Secry., for Public and Indian Housing, HUD Pt. 964 A resident-owned business is not eligi-ble to participate in the alternati
29、ve procurement process provided by this part if the resident-owned business has received under this process one or more contracts with a total combined dollar value of $1,000,000. 57 FR 20189, May 11, 1992, as amended at 59 FR 33895, June 30, 1994 963.12 Alternative procurement proc-ess. (a) Method
30、of procurement. In con-tracting with resident-owned busi-nesses, the PHA shall follow the appli-cable method of procurement as set forth in 24 CFR 85.36(d), with solicita-tion limited to resident-owned busi-nesses. Additionally, the PHA shall en-sure that the method of procurement conforms to the pr
31、ocurement standards set forth in 24 CFR 85.36(b). (b) Contract awards. Contracts award-ed under this part shall be made only to resident-owned businesses that meet the requirements of 963.10, and that comply with such other requirements as may be required of a contractor under the particular procure
32、ment and the Departments regulations. An award shall not be made to the resi-dent-owned business if the contract award exceeds the independent cost es-timate required by 24 CFR 85.36(f), and the price normally paid for comparable supplies, services, or construction in the project area. (c) Contract
33、requirements. Any con-tract entered into between a PHA and a resident-owned business under this part shall comply with: the contract provisions of 24 CFR 85.36(i); the provi-sions of 24 CFR 85.36(h), 24 CFR 968.240(d) or 24 CFR 968.335(c)(1) gov-erning bonding requirements, where applicable; and suc
34、h other contract terms that may be applicable to the particular procurement under the De-partments regulations. In addition to the recordkeeping requirements im-posed by 24 CFR 85.36(i), the PHA also shall maintain records sufficient to de-tail the significant history of the pro-curement made under
35、this part. These records will include, but are not nec-essarily limited to the following: The independent cost estimate and com-parable price analysis as required by paragraph (b) of this section; the basis for contractor selection, including doc-umentation concerning the eligibility of the selected
36、 resident-owned business under 963.10; and the basis for deter-mining the reasonableness of the pro-posed contract price. PART 964TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC HOUSING Subpart AGeneral Provisions Sec. 964.1 Purpose. 964.3 Applicability and scope. 964.7 Definitions. 964.11 H
37、UD policy on tenant participation. 964.12 HUD policy on the Tenant Opportuni-ties Program (TOP). 964.14 HUD policy on partnerships. 964.15 HUD policy on resident management. 964.16 HUD role in activities under this part. 964.18 HA role in activities under subparts B & C. 964.24 HUD policy on FIC Pro
38、gram. 964.30 Other Program requirements. Subpart BTenant Participation 964.100 Role of resident council. 964.105 Role of the jurisdiction-wide resi-dent council. 964.115 Resident council requirements. 964.117 Resident council partnerships. 964.120 Resident management corporation requirements. 964.12
39、5 Eligibility for resident council mem-bership. 964.130 Election procedures and standards. 964.135 Resident involvement in HA man-agement operations. 964.140 Resident training. 964.145 Conflict of interest. 964.150 Funding tenant participation. Subpart CTenant Opportunities Program 964.200 General.
40、964.205 Eligibility. 964.210 Notice of funding availability. 964.215 Grant agreement. 964.220 Technical assistance. 964.225 Resident management requirements. 964.230 Audit and administrative require-ments. Subpart DFamily Investment Centers (FIC) Program 964.300 General. 964.305 Eligibility. 964.308
41、 Supportive services requirements. 964.310 Audit/compliance requirements. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
