PHA PROCUREMENT POLICY
This amended Pembroke Housing Authority (PHA) procurement policy is certified to be in compliance with 24 CFR 85.36 and with the Annual Contributions Contract between the US Department of Housing and Urban Development (HUD) and the PHA. The effective date of this policy is August 1, 2014, the date set during adoption by the PHA Board of Commissioners. Future amendments to the policy will be made as needed through action by the PHA Board of Commissioners.
The purpose of the PHA procurement policy is to ensure that all procurement transactions are conducted in a manner ensuring full and open competition consistent with State laws and regulations, Federal laws and regulations including procurement requirements of 24 CFR 85.36, and with quality workmanship; to provide for the fair and equitable treatment of all films or persons involved in PHA purchasing; to assure that supplies, services, and construction are procured efficiently, effectively, and at the most favorable prices to the PHA; and to ensure adequate safeguards for maintaining a procurement system of quality and integrity.
The PHA shall not unduly restrict competition through unreasonable requirements, such as unnecessary experience, or qualifications and/or excessive bonding; noncompetitive pricing practices between firms or affiliated companies; noncompetitive awards to consultants on retainer; organizational conflicts of interest; unnecessary and uneconomical use of only a ''brand name"; local geographic preferences, except where mandated or encouraged; any other arbitrary action that unnecessarily restricts competition.
The procurement policy applies to all State and Federal PHA purchases and contracts to procure supplies, services, and construction, including contract modifications and change orders as well as purchase, lease, or rental of supplies and equipment.
IV. STANDARDS OF CONDUCT
No employee, officer, or agent of the PHA shall participate directly or indirectly in the selection or in the award or administration of any contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when a financial or other interest in a film selected for award is held by:
PHA officers, employees, or agents shall not solicit or accept gratuities, favors, or anything of monetary value except unsolicited gifts of nominal value (under $25.00) from contractors, potential contractors, or parties to subcontracts, and shall not knowingly use confidential information for actual or anticipated personal gain.
Contractors shall not retain a person to solicit or secure a PHA contract for a commission, percentage, brokerage, or contingent fee.
Disciplinary action for violations of the above standards will be as outlined in the PHA's Code of Ethics, incorporated herein by reference, and consistent with State, Federal, and local law.
All information regarding PHA procurement policy, procedures, and records shall be available to the public to the extent provided in the North Carolina Public Records Law under Chapter 132 of the North Carolina General Statutes.
IX. 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, such as the following:
Value engineering clauses may be used in construction contracts of sufficient size where the use of value engineering (a systematic and creative analysis of each contract item/task to ensure that its essential function is provided at an overall lower cost) will yield cost reductions.
It is the policy of the PHA to resolve all contractual issues informally without litigation, if possible. Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of this policy. Any protest of a solicitation must be received by the Contracting Officer before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten (10) 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 to the Contract Administrator (on any contract administered through the services of an independent contractor) who shall issue a written decision on the matter. The Contracting Officer may, at his or her discretion, or with Board approval in contracts in excess of $50,000.00, suspend the procurement pending resolution of the protest, if warranted by the facts presented.
All claims by a contractor relating to performance of a contract shall be submitted in writing to the Contracting Officer/Administrator for a written decision within a reasonable period of time. The contractor may request a conference on the claim. The Contracting Officer/ Administrator's decision shall inform the contractor of the right to appeal his/her decision to the Executive Director.
PETTY CASH FUNDS
Administrative Services Department
Responsible Position: Director of Housing Services
Resident Services Department
Responsible Position: Director of Resident Services
It shall be the sole responsibility of the Executive Director to designate in writing to the responsible position the custody of the Petty Cash fund. Upon written request, the responsible position may request designate an employee within the respective department to serve as the custodian and administrator of the Petty Cash Fund. Final approval of this designation shall be the responsibility of the Executive Director.
CONTRACTING AUTHORITY AND ADMINISTRATION
As the officially designated Contracting Officer, I hereby designate the following positions the authority to obligate the Pembroke Housing Authority under binding Purchase Order in an amount less than $1,500.00, per the Procurement Policy:
As the officially designated Contracting Officer, I hereby designate the following positions the authority to obligate the Pembroke Housing Authority under binding Purchase Order in an amount less than $500.00, per the Procurement Policy:
As the officially designated Contracting Officer, I hereby designate the following positions the authority to obligate the Pembroke Housing Authority under binding Purchase Order in an amount less than $250.00, per the Procurement Policy:
These designations shall remain in effect until revised in writing by the Contracting Officer.
Mr. Lemark Harris, Executive Director
Pembroke Housing Authority