oversight

The Fairmont Housing Authority Did Not Fully Comply With Procurement Requirements and Spent Funds for Ineligible Expenses

Published by the Department of Housing and Urban Development, Office of Inspector General on 2015-09-01.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

            Fairmont Housing Authority,
                  Fairmont, NE
                            Public Housing Program




Office of Audit, Region 7                Audit Report Number: 2015-KC-1008
Kansas City, KS                                           September 1, 2015
To:            Denise Gipson, Director, Office of Public Housing, 7DPH
               //signed//
From:          Ronald J. Hosking, Regional Inspector General for Audit, 7AGA
Subject:       The Fairmont Housing Authority Did Not Fully Comply With Procurement
               Requirements and Spent Funds for Ineligible Expenses


Attached is the U.S. Department of Housing and Urban Development (HUD), Office of Inspector
General’s (OIG) final results of our review of the Fairmont Housing Authority.
HUD Handbook 2000.06, REV-4, sets specific timeframes for management decisions on
recommended corrective actions. For each recommendation without a management decision,
please respond and provide status reports in accordance with the HUD Handbook. Please furnish
us copies of any correspondence or directives issued because of the audit.
The Inspector General Act, Title 5 United States Code, section 8M, requires that OIG post its
publicly available reports on the OIG Web site. Accordingly, this report will be posted at
http://www.hudoig.gov.
If you have any questions or comments about this report, please do not hesitate to call me at
913-551-5870.
                    Audit Report Number: 2015-KC-1008
                    Date: September 1, 2015

                    The Fairmont Housing Authority Did Not Fully Comply With Procurement
                    Requirements and Spent Funds for Ineligible Expenses




Highlights

What We Audited and Why
We audited the Fairmont, NE, Housing Authority’s procurement and expenditures for its U.S.
Department of Housing and Urban Development (HUD) public housing program. We selected
the Authority for review based on data analysis showing that the Authority’s executive director
was listed as the executive director of two additional housing authorities and as the fee
accountant for all three authorities. Our audit objective was to determine whether the Authority
followed HUD rules and regulations and its own policies and procedures for procurement and
expenditures.

What We Found
The Authority did not properly procure the company that provided both executive director and
fee accounting services or the cost to prepare the agency plans paid to the fee accountant.
Additionally, it did not require contractors to comply with contract provisions. This condition
occurred because the Authority lacked detailed operating procedures that included steps for
implementation, such as checklists. As a result, HUD could not be assured that the Authority
received the best value for the $47,417 spent for the purchase of goods and services.
Additionally, HUD and the Authority lacked assurance that the contractors would comply with
all program requirements, including prevailing wage requirements.
Additionally, the Authority spent $1,485 of its capital funds for ineligible expenses. This
condition occurred because the Authority lacked detailed operating policies and procedures for
the review and approval of expenditures. As a result, it did not have $1,485 available to spend
on other Public Housing Capital Fund projects.

What We Recommend
We recommend that HUD require the Authority to (1) reprocure its executive director and fee
accounting services using the appropriate policies and procedures to justify the amount spent on
these services during our audit period, (2) justify the unsupported expenses, (3) collect ineligible
expenses and repay its Capital Fund program, and (4) develop and implement policies and
procedures to address the deficiencies noted.
Table of Contents
Background and Objective......................................................................................3

Results of Audit ........................................................................................................4
         Finding 1: The Authority Did Not Fully Comply With Federal and Local
         Procurement Requirements ............................................................................................. 4

         Finding 2: The Authority Spent Capital Funds for Ineligible Expenses .................... 8

Scope and Methodology ...........................................................................................9

Internal Controls ....................................................................................................11

Appendixes ..............................................................................................................12
         A. Schedule of Questioned Costs .................................................................................. 12

         B. Auditee Comments and OIG’s Evaluation ............................................................. 13

         C. Criteria ....................................................................................................................... 21




                                                                     2
Background and Objective
The Village of Fairmont, NE, created the Fairmont Housing Authority in 1965. The Authority’s
mission is to provide quality housing to eligible persons in a professional, fiscally prudent
manner and be a positive force in the community by working with others to assist families with
appropriate supportive services. A five-member board of commissioners governs the Authority,
and a company providing executive director services manages its daily operations. The Village
board appoints the Authority board members to serve a 5-year staggered term. The Authority’s
central office is located at 255 E Street, Fairmont, NE.

The Authority maintains 20 low-rent units for which the U.S. Department of Housing and Urban
Development (HUD) provides an annual subsidy through its Public Housing Operating Fund
program to assist with operation and maintenance costs. The Authority received $35,152 and
$38,246 in operating subsidy payments in 2013 and 2014 respectively.

Additionally, the Authority receives an annual Public Housing Capital Fund grant from HUD.
The Capital Fund provides funds to housing authorities to modernize public housing
developments. The Authority received $14,270 and $15,116 in capital funds in 2013 and 2014
respectively.

Our objective was to determine whether the Authority followed HUD rules and regulations and
its own policies and procedures for procurement and expenditures.




                                               3
Results of Audit

Finding 1: The Authority Did Not Fully Comply With Federal and
Local Procurement Requirements
The Authority did not properly procure goods and services or require contractors to comply with
contract provisions. This condition occurred because the Authority lacked detailed operating
procedures that included steps for implementation, such as checklists. As a result, HUD could
not be assured that the Authority received the best value for the $47,417 spent for the purchase of
goods and services. Additionally, HUD and the Authority lacked assurance that the contractors
would comply with all program requirements, including prevailing wage requirements.

The Authority Did Not Properly Procure Goods and Services
The Authority did not properly procure executive director services, fee accounting services, or
the completion of its agency plan. In addition, it did not complete a required cost analysis when
it received only one bid from each of the contractors for three different projects.

       The Authority Did Not Properly Procure Executive Director or Fee Accounting Services
       The Authority did not properly procure its executive director or fee accounting services
       and did not maintain sufficient documentation as required by HUD Handbook 7460.8,
       REV-2, section 3.3, and its own procurement policy. HUD Handbook 7460.8, REV-2,
       section 3.3, states that the Authority must maintain records sufficient to detail the
       significant history of each procurement action, including the rationale for the method of
       procurement, solicitation, and information regarding contractor selection or rejection.

       The Authority should have maintained written supporting documentation in its
       procurement file. However, the contracts between the executive director services and fee
       accounting services provider and the Authority were the only procurement documents
       that the Authority maintained to detail the procurement of the two services. The
       Authority signed contracts for executive director and fee accounting services with the
       same provider. The Authority signed its first contract for executive director services in
       January 2015, but the company had been acting as the executive director services
       provider since September 2004. The Authority signed a 2-year contract for fee
       accounting services in November 2010 and signed an addendum to the contract in June
       2014, extending services for 2 more years. The Authority did not document the
       solicitation process or information regarding the contractor selection or rejection.

       The Authority signed contracts with a company to provide executive director and fee
       accounting services without attempting to procure the services from another source. The
       Authority’s procurement policy required publicly solicited sealed bids by formal
       advertisement for procurement actions above $10,000. For procurement actions between
       $100 and $10,000, the Authority should have received written bids from at least three
       sources. The Authority paid $24,600 and $3,991 from its operating funds for executive


                                                 4
director and fee accounting services, respectively, from August 2011 through December
2014. The combined amounts required the Authority to publicly solicit sealed bids for
the executive director services and receive written bids from three sources for the fee
accounting services. The Authority did not attempt to obtain a bid from any source other
than the executive director and fee accounting service company that it signed contracts
with. The following tables detail the monthly and combined fees paid to the executive
director and fee accounting services company during our audit period.


          Executive director services              Monthly fee      Combined

     August 1, 2011, through December 31,                   $600       $24,600
                      2014

                      Total                                            $24,600



            Fee accounting services                Monthly fee      Combined

     August 1, 2011, through July 31, 2012                   $94         $1,128

     August 1, 2012, through July 31, 2014                     97         2,328

  August 1, 2014, through December 31, 2014                  107            535

                      Total                                              $3,991


The Authority Did Not Properly Procure the Completion of Its Agency Plan
The Authority paid $1,200 to its fee accounting services company for the completion of
its 2014 5-year and annual agency plan. The Authority’s procurement policy required
written bids from at least three sources for purchases between $100 and $10,000. The
Authority’s fee accountant stated that the Authority’s board members approved the
completion of the agency plan after she had completed it and submitted an invoice for the
service to the Authority’s board. The invoice the Authority received did not include
details on how the $1,200 fee was calculated. While the Authority received a benefit by
having the mandatory 5-year and annual agency plan completed, the service expense was
not supported by a proper procurement or detailed invoice.

The Authority Did Not Complete a Required Cost Analysis
The Authority did not complete a cost analysis when it received only one bid from each
of the contractors for three different projects, including painting Authority buildings,
replacing Authority living unit doors, and replacing sidewalks on Authority property.
Criteria at 24 CFR (Code of Federal Regulations) 85.36(d)(4)(ii) require the Authority to
conduct a cost analysis verifying the proposed cost data, the projections of the data, and
the evaluation of the specific elements of costs and profits when soliciting a proposal



                                         5
       from only one source or determining competition is inadequate. However, the Authority
       did not complete those requirements for any of the three projects.

       Further, although the Authority accepted an initial bid of $2,615 for the repair and
       replacement of Authority sidewalks, while completing the project, the executive director
       agreed to expand the scope of work to repair and replace additional sidewalks on
       Authority property. The additional work cost the Authority an extra $1,540 totaling
       $4,155. The Authority did not conduct the required cost analysis to support the
       expenditure or obtain support for the price of the additional work.

       The following table details the amount paid to each of the three contractors.


                                   Project                     Amount paid

                          Paint Authority buildings                     $7,640

                          Replace living unit doors                       5,831

                             Replace sidewalks                            4,155

                                    Total                              $17,626


The Authority Did Not Require Contractors To Comply With Contract Provisions
The Authority did not include in its executive director and fee accounting services contracts
provisions required by HUD Handbook 7460.8, REV-2, section 5.10 or table 5.1. The executive
director services contract did not include the required termination clause, a 3-year record
retention clause, or ownership and proprietary interest language. The fee accounting services
contract did not include the required 3-year record retention clause or ownership and proprietary
interest language.

Additionally, the Authority did not execute contracts for three Capital Fund projects reviewed.
The projects were to replace Authority living unit doors, paint Authority buildings, and replace
sidewalks on Authority property. HUD Handbook 7460.8, REV-2, section 5.10, states that the
Authority must incorporate the clauses contained in form HUD-5370-EZ, General Conditions for
Small Construction/Development Contracts, into its construction contracts greater than $2,000
but not more than $100,000. Without a contract in place, the Authority did not require
contractors to comply with these provisions. Authority staff told us that the Authority did not
always execute contracts with contractors. The Authority based the decision on the type of work
and the Authority’s familiarity with the contractor.

The Authority Lacked Detailed Procedures
The Authority lacked detailed operating procedures that included steps for implementation, such
as checklists. The Authority’s procedures did not ensure that it followed its procurement policy,
along with HUD Handbook 7460.8, REV-2.



                                                 6
HUD Lacked Assurance
HUD could not be assured that the Authority received the best value and greatest overall benefit
for $47,417 spent for the purchase of goods and services, including $24,600 for executive
director services, $3,991 for fee accounting services, $1,200 for agency plan completion, $7,640
for painting services, $5,831 for living unit doors, or $4,155 for sidewalk replacement.
Additionally, HUD and the Authority lacked assurance that the contractors would comply with
all program requirements, and the Authority put itself at risk by not always executing contracts
that included all required contract provisions, including prevailing wage requirements.

Recommendations
We recommend that the Director of HUD’s Omaha, NE, Office of Public Housing require the
Authority to

       1A.    Reprocure its executive director services using the appropriate policies and
              procedures to ensure properly procured services going forward and use the quotes
              from that procurement to justify the $24,600 spent for executive director services
              from August 2011 through December 2014. For any amount the Authority cannot
              support, HUD should reduce future annual operating funds.

       1B.    Reprocure its fee accounting services using the appropriate policies and
              procedures to ensure properly procured services going forward and use the quotes
              from that procurement to justify the $3,991 spent for fee accounting services from
              August 2011 through December 2014. For any amount the Authority cannot
              support, HUD should reduce future annual operating funds.

       1C.    Justify the $1,200 spent for the 2014 5-year and annual agency plan. For any
              amount the Authority cannot support, HUD should reduce future annual operating
              funds.

       1D.    Justify the three awards given to contractors when only one bid was received
              totaling $17,626. For any amount the Authority cannot support, HUD should
              reduce future annual capital funds.

       1E.    Develop and implement detailed operating procedures, including checklists,
              which fully implement its procurement policy and HUD requirements.

       1F.    Submit all contracting actions to HUD, including solicitation and contracts, for
              review and approval before executing contracts until the Authority demonstrates
              compliance and HUD determines, based on the information available, that this
              review is no longer necessary.




                                                7
Finding 2: The Authority Spent Capital Funds for Ineligible
Expenses
The Authority spent $1,485 of its capital funds for ineligible expenses. This condition occurred
because the Authority lacked detailed operating policies and procedures for the review and
approval of expenditures. As a result, it did not have $1,485 available to spend on other Capital
Fund projects.
The Authority Spent Capital Funds for Ineligible Expenses
The Authority spent $1,485 of its capital funds for services covered in the executive director
services contract. According to 2 CFR Part 225, appendix A, part C, for a cost to be allowable
under a Federal award, it must be reasonable and necessary for proper and efficient performance
and administration of the project. The Authority paid the executive director services provider
$1,485 from its 2012 annual Capital Fund grant to administer the 2012 grant. However, the
executive director services contract provided for the administration of the annual Capital Fund
grant. It was not necessary to pay the executive director service provider an additional $1,485
for services paid for under the executive director services contract.
The Authority Lacked Detailed Operating Policies and Procedures
The Authority lacked detailed policies and procedures for the review and approval of
expenditures. It did not have policies and procedures in place to determine expense eligibility
based on requirements at 2 CFR Part 225 before board approval and payment.

The Money Was Not Available for Other Capital Fund Projects
As a result of the deficiency noted above, the Authority did not have $1,485 available to spend
on other Capital Fund projects.
Recommendations
We recommend that the Director of HUD’s Omaha, NE, Office of Public Housing require the
Authority to

       2A.     Collect from its executive director services provider and repay its Capital Fund
               program the $1,485 that it improperly paid the provider from its capital funds.

       2B.     Develop and implement policies and procedures for the review and approval of
               expenditures to ensure that it fully implements HUD requirements.




                                                 8
Scope and Methodology
Our review generally covered the period July 1, 2011, through December 31, 2014. We
conducted our fieldwork from February through April 2015 at the Authority located at 255 E
Street, Fairmont, NE. We also conducted fieldwork at the York Housing Authority because the
executive director at Fairmont also conducts business in York. The York Housing Authority is
located at 215 North Lincoln Avenue, York, NE.
To accomplish our objective, we

      Interviewed the Authority’s executive director and board chair;
      Interviewed HUD’s Office of Public Housing staff in Omaha, NE;
      Reviewed the Authority’s policies and procedures, procurement files, contracts, and
       financial records; and
      Reviewed Federal regulations and HUD requirements.

Using the Authority’s general ledger for fiscal years 2012-2014, we selected a procurement
sample as well as a separate expenditure sample. We reviewed the general ledgers for
expenditures exceeding the $100 micro purchase threshold, including recurring payments to the
same vendor that exceeded this amount, potential ineligible payments, and payments to the
Authority’s executive director and fee accounting services company. We organized the amounts
in an Excel spreadsheet according to the general ledger expenditure description and used the
Excel spreadsheet to select our sample.
During our audit period, the Authority paid the executive director and fee accounting services
provider a total of $42,163, which included the monthly $600 fee for executive director services
and monthly fees for fee accounting services of $94 (August 1, 2011, through July 31, 2012),
$97 (August 1, 2012, through July 31, 2014), and $107 (August 1, 2014 through December 31,
2014). The Authority spent another $63,617 during the audit period on items and contractors
other than the executive director and fee accounting services provider. Of the total $63,617 in
other expenditures, the Authority paid for $29,930 using capital funds and the remaining $33,687
using operating funds. During our audit period, the Authority spent a total of $105,780 ($42,163
+ $63,617) for services, supplies, repairs, and contracts.
For the procurement sample, we reviewed the procurement of the three contractors that received
the largest capital fund expenditures during our audit period. We also reviewed the procurement
of both executive director and fee accounting services.
For the expenditure sample, we reviewed two of the three largest capital fund expenditures,
which represented 23.42 percent of the total capital fund expenditures during our audit period.
We selected the largest capital fund expenditure. We also selected the third largest expenditure
because it was sole-source procured. We also reviewed two of the three largest payments to the
executive director and fee accounting services provider during 2014. The two largest payments
to the executive director and fee accounting services company during our audit period were for


                                                9
the 2011 and 2012 Capital Fund administration expenses. We selected the 2012 expenditure
because it was more recent. We then selected the next largest payment made to the executive
director and fee accounting services company during our audit period.
Our results apply to the items reviewed and cannot be projected to the portion of the population
that we did not test.
We conducted the audit in accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain sufficient, appropriate
evidence to provide a reasonable basis for our findings and conclusions based on our audit
objective(s). We believe that the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objective.




                                                10
Internal Controls
Internal control is a process adopted by those charged with governance and management,
designed to provide reasonable assurance about the achievement of the organization’s mission,
goals, and objectives with regard to

   Effectiveness and efficiency of operations,
   Reliability of financial reporting, and
   Compliance with applicable laws and regulations.
Internal controls comprise the plans, policies, methods, and procedures used to meet the
organization’s mission, goals, and objectives. Internal controls include the processes and
procedures for planning, organizing, directing, and controlling program operations as well as the
systems for measuring, reporting, and monitoring program performance.
Relevant Internal Controls
We determined that the following internal controls were relevant to our audit objective:
   Controls over the Authority’s procurement.
   Controls over the Authority’s expenditures.

We assessed the relevant controls identified above.

A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, the
reasonable opportunity to prevent, detect, or correct (1) impairments to effectiveness or
efficiency of operations, (2) misstatements in financial or performance information, or (3)
violations of laws and regulations on a timely basis.
Significant Deficiency
Based on our review, we believe that the following item is a significant deficiency:

   The Authority lacked detailed processes and procedures for implementing HUD procurement
    (finding 1) and expenditure (finding 2) regulations.




                                                  11
Appendixes

Appendix A


                          Schedule of Questioned Costs
                  Recommendation
                                   Ineligible 1/ Unsupported 2/
                      number
                          1A                                      $24,600
                          1B                                        3,991
                          1C                                        1,200
                          1D                                       17,626
                          2A                   $1,485

                        Totals                 $1,485             $47,417



1/   Ineligible costs are costs charged to a HUD-financed or HUD-insured program or activity
     that the auditor believes are not allowable by law; contract; or Federal, State, or local
     policies or regulations.
2/   Unsupported costs are those costs charged to a HUD-financed or HUD-insured program
     or activity when we cannot determine eligibility at the time of the audit. Unsupported
     costs require a decision by HUD program officials. This decision, in addition to
     obtaining supporting documentation, might involve a legal interpretation or clarification
     of departmental policies and procedures.




                                              12
Appendix B
             Auditee Comments and OIG’s Evaluation



Ref to OIG    Auditee Comments
Evaluation




                               13
             Auditee Comments
Ref to OIG
Evaluation




Comment 1



Comment 2




Comment 3




                            14
             Auditee Comments
Ref to OIG
Evaluation


Comment 1

Comment 4




                            15
             Auditee Comments
Ref to OIG
Evaluation




Comment 5




Comment 6




                            16
             Auditee Comments
Ref to OIG
Evaluation




Comment 7




Comment 8


Comment 9




                            17
                         OIG Evaluation of Auditee Comments


General     The Authority took considerable effort in its response to minimize the efforts of
            the auditors and the audit results identified in the report. HUD and the
            Authority’s Board should take the findings seriously. During our review, we
            found the Authority did not maintain adequate documentation to support
            procurements, nor did it keep a listing of its procurements or contracts. We
            reviewed a small sample of procurements and expenditures using the Authority’s
            general ledger. We reviewed $9,695 of a total universe of $105,780 expenditures
            during our 3.5-year audit period – not 4 years as stated in the auditee’s comments.
            Our universe did not come close to the $400,149 of expenditures suggested by the
            auditee, nor can our results be projected to such a population. We did not expand
            the scope of our review because we determined that it was likely that we would
            uncover similar issues as those reported, and it would have placed a burden on the
            Authority to cost justify additional items.

Comment 1   The reprocurement of executive director and fee accounting services that the
            Authority plans to use to justify the cost of previous executive director and fee
            accounting services took place after OIG had completed its review. OIG did not
            review any bids for the reprocurement of the services. At the time of the report
            issuance, OIG could not comment on the Authority’s ability to support previous
            executive director and fee accounting service expenses.

Comment 2   The Authority contracted for both executive director and fee accounting services.
            The executive director contract only requires the executive director to be onsite, at
            most, five days per month. However, the Authority’s comments indicate that
            direct tenant services are a high priority. If the Authority is concerned with
            limited staffing capacity, it should consider requiring the executive director
            services provider to be onsite more frequently, allowing tenants to have access to
            the provider more often.

            The Authority failed to comply with HUD requirements. HUD requirements
            include required contract provisions to protect HUD funds, program participants,
            and to ensure compliance with federal rules and regulations, including prevailing
            wage requirements.

Comment 3   During our review, we asked the Authority to provide us with all the supporting
            documentation for the procurement of painting services, living unit doors, and
            Authority sidewalk repair and replacement. The Authority provided us with the
            files that contained support for the procurement actions. The procurement file for
            painting services contained letters to four different contractors asking them to bid
            on the services. However, the file only contained a response by the contractor
            that was awarded the job. The Authority was unable to provide a bid from
            another contractor. The procurement file for the living unit doors did not contain



                                              18
            any documents sent to or received from any contractors other than the contractor
            that was awarded the job. The procurement file for the concrete for the
            replacement and repair of sidewalks did not contain any documentation indicating
            that all other local concrete contractors were unavailable.

Comment 4   In our review of the Authority’s procurement, we identified significant
            deficiencies in the Authority’s procurement. According to HUD Handbook
            7460.8, REV-2, section 12.2(L), solicitation and contracts by any PHA (public
            housing authority) whose procurement procedures or operations fail to comply
            with the procurement standards in 24 CFR 85.36 shall have prior HUD approval.
            We found the Authority did not comply with 24 CFR 85.36 when it failed to
            maintain documentation on the procurement for its executive director and fee
            accounting services or require contractors to comply with the required contract
            provisions. Our recommendation that all contracting actions go through the
            Omaha field office still stands.

Comment 5   Our review only included a small sample of the Authority’s expenditures and
            procurements over a 3.5-year audit period – not 4 years as stated in the auditee’s
            comments (see the Scope and Methodology section on pages 9-10). We did not
            review 100% of the funds expended during the audit period. Our limited review
            cannot be projected to the entire population of expenditures. Therefore, it cannot
            be said that the items we did not review were spent in accordance with HUD’s
            rules and regulations.

Comment 6   The Authority did not have a contract in place with the executive director or fee
            accounting services provider that allowed it to pay either provider the ten percent
            capital fund administration draw. If the Authority needed additional assistance
            with the capital fund administration outside of what was already included in the
            executive director contract, it should have properly procured those services.

Comment 7   The calculation of two part-time employees does not include the executive
            director and fee accounting services company that the Authority contracted with
            to carry out the Authority’s day to day operations. If the Authority feels that
            staffing is the cause of the procurement and expenditure issues identified in this
            report, it should require the executive director services provider to be onsite more
            frequently or explore procuring a different provider.

            Policies and procedures are the only way to ensure that the Authority complies
            with HUD rules and regulations and expends funds effectively and efficiently.
            The Authority failed to comply with HUD rules and regulations for its
            procurement and expenditures, as noted in the audit report.

Comment 8   The Authority did not have the $1,485 available to spend on other operating
            expenditures, and the funds could have been spent on other eligible activities or




                                              19
            moved into the Authority’s reserves for future shortages. Also, our audit period
            was 3.5 years – not 4 years as stated in the auditee’s comments.

Comment 9   Audits conducted by the OIG have very different scopes and objectives than those
            conducted by HUD. Therefore, it is not uncommon for the OIG to identify issues
            not previously identified by HUD.




                                             20
Appendix C
                                             Criteria

2 CFR 85.36 – Procurement
d. Methods of Procurement to be Followed
4. Procurement by noncompetitive proposals is procurement through solicitation of a proposal
from only one source, or after solicitation of a number of sources, competition is determined
inadequate.
   ii. Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the
       evaluation of the specific elements of costs and profits, is required.
2 CFR Part 225 – Cost Principles for State, Local, and Indian Tribal Governments
Appendix A
C. Basic Guidelines
   1. Factors affecting allowability of costs. To be allowable under Federal awards, costs
      must meet the following general criteria:
      a. Be necessary and reasonable for proper and efficient performance and administration
          of Federal awards.
      j. Be adequately documented.
   2. Reasonable costs. A cost is reasonable if, in its nature and amount, it does not exceed
      that which would be incurred by a prudent person under the circumstances prevailing at
      the time the decision was made to incur the cost. The question of reasonableness is
      particularly important when governmental units or components are predominately
      federally-funded.

HUD Handbook 7460.8, REV-2 – Procurement Handbook for Public Housing Agencies
Chapter 3
3.3. Documentation
   A. General 24 (CFR 85.36(b)(9)). The PHA [public housing agency] must maintain
      records sufficient to detail the significant history of each procurement action. Such
      documentation is particularly important in the event a protest is lodged against the PHA.
      It will also facilitate future purchases of similar supplies or services since it will not be
      necessary to recreate solicitation documents. Supporting documentation shall be in
      writing and placed in the procurement file. These records shall include, but shall not
      necessarily be limited to, the following:
       1. Rationale for the method of procurement selected. For example, the contract file
          would not need to state why the Contracting Officer chose small purchase procedures




                                                  21
            to order a desk but would want to note why noncompetitive proposals was used for a
            roofing contract.
      2.    The solicitation.
      3.    Selection of contract pricing arrangement, but only if not apparent. For example, the
            contract file would not need to document why a firm fixed-price was used to obtain
            building materials.
      4.    Information regarding contractor selection or rejection, including, where applicable,
            the negotiation memo, the source selection panel, evaluation report, cost and price
            analysis, email correspondence (including offers, selections, pertinent pre- and post-
            award discussions and negotiations, etc.)
      5.    Basis for the contract price (as prescribed in this handbook), and
      6.    Contract administration issues/actions.
            The level of documentation should be commensurate with the value of the
            procurement. A sample contract file checklist is included in Appendix 2.
   B. Record Retention (24 CFR 85.42(a) & (b). PHAs shall retain all significant and
      material documentation and records concerning all procurements they conduct. These
      records must be retained for a period of three years after final payment and all matters
      pertaining to the contract are closed. If any claims or litigation are involved, the records
      shall be retained until all issues are satisfactorily resolved.
Chapter 5
5.10. Standardized Forms/Mandatory Contract Clauses
   A. General. Except in the case of bid specifications and contracts for construction or
      maintenance work in excess of $2,000 (see paragraphs B and C, below), small purchases,
      including purchase orders, are subject only to the mandatory clauses contained in Table
      5.1.

      PHAs may be further bound by certain State or local requirements (See Chapter 13).
      Other than these Federal, State or locally-mandated provisions, PHAs should include
      language with any small purchase that is necessary and appropriate, consistent with good
      business practice.

      In addition to Table 5.1, HUD has developed forms which contain the contract clauses
      required for small purchases related to construction and maintenance work. The use of
      the Table and these forms are described in the paragraphs below.

   B. Mandatory Requirements for Construction Contracts greater than $2,000 but not
      more than $100,000. PHAs must incorporate the clauses contained in form HUD-5370-
      EZ, General Conditions for Small Construction/Development Contracts, and the
      applicable Davis-Bacon wage decision. Form HUD-5370-EZ has been designed for
      small construction jobs. PHAs may use form HUD-5370 in lieu of the HUD-5370-EZ if
      the former is more appropriate given the nature of the work.




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  C. Mandatory Requirements for Maintenance Contracts (including nonroutine
     maintenance work) greater than $2,000 but not more than $100,000. PHAs must
     incorporate the clauses contained in Table 5.1; Section II of form HUD-5370-C, General
     Conditions for Non-Construction Contracts, and the applicable HUD wage decision.
TABLE 5.1. MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES
OTHER THAN CONSTRUCTION
  The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and
  Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
  and Recovery Act. HUD is permitted to require changes, remedies, changed conditions,
  access and records retention, suspension of work, and other clauses approved by the Office of
  Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws
  including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and
  regulations.
  Examination and Retention of Contractor’s Records. The PHA, HUD, or Comptroller
  General of the United States, or any of their duly authorized representatives shall, until three
  years after final payment under this contract, have access to and the right to examine any of
  the Contractor’s directly pertinent books, documents, papers, or other records involving
  transactions related to this contract for the purpose of making audit, examination, excerpts,
  and transcriptions.
  Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA shall
  have exclusive ownership of, all proprietary interest in, and the right to full and exclusive
  possession of all information, materials, and documents discovered or produced by
  Contractor pursuant to the terms of this Contract, including, but not limited to, reports,
  memoranda or letters concerning the research and reporting tasks of the Contract.
  Energy Efficiency. The Contractor shall comply with all mandatory standards and policies
  relating to energy efficiency which are contained in the energy conservation plan issued in
  compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in
  which the work under this contract is performed.
  Procurement of Recovered Materials
  (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the
  Resource Conservation and Recovery Act, the Contractor shall procure items designated in
  guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain
  the highest percentage of recovered materials practicable, consistent with maintaining a
  satisfactory level of competition. The Contractor shall procure items designated in the EPA
  guidelines that contain the highest percentage of recovered materials practicable unless the
  Contractor determines that such items: (1) are not reasonably available in a reasonable
  period of time; (2) fail to meet reasonable performance standards, which shall be determined
  on the basis of the guidelines of the National Institute of Standards and Technology, if
  applicable to the item; or (3) are only available at an unreasonable price.




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   (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1)
   the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during
   the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for
   use under a contract that was funded with Federal appropriations and was with a Federal
   agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a
   total of in excess of $10,000 of the item both under and outside that contract.
   Termination for Cause and for Convenience (contracts of $10,000 or more).
   (a) The PHA may terminate this contract in whole, or from time to time in part, for the
   PHA’s convenience or the failure of the Contractor to fulfill the contract obligations
   (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of
   Termination specifying the nature, extent, and effective date of the termination. Upon receipt
   of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless
   the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and
   other materials accumulated or generated in performing the contract, whether completed or in
   process.
   (b) If the termination is for the convenience of the PHA, the PHA shall be liable only for
   payment for services rendered before the effective date of the termination.
   (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the
   contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the
   manner and to the extent directed by the PHA, any work described in the Notice of
   Termination; (2) take over the work and prosecute the same to completion by contract of
   otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and
   (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as
   the case may be, of amounts owned by the PHA by the Contractor. In the event of
   termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs
   incurred by the Contractor before the effective date of the termination. Any dispute shall be
   decided by the Contracting Officer.
Fairmont Housing Authority Procurement Policy
    Small Purchase Procedures
    For purchases and contracts from $100 to $10,000 in the aggregate, the Executive Director
    (or other authorized individuals) shall obtain price quotations in writing from an adequate
    (at least three) number of suppliers using small purchase procedures except that for
    purchases up to $250 price quotations may be obtained orally or by telephone.

    For purchases and contracts in excess of $10,000 in the aggregate, the Executive Director
    (or other authorized individuals) shall publically solicit sealed bids by formal advertisement
    in at least one newspaper of general circulation and by mailing solicitations to bid to a
    sufficient number (at least three) of known suppliers using a complete purchase description
    including specifications, if any, and providing sufficient time as required by State law prior
    to the date set for opening the bids.



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