III.3. Resolution to Adopt the Revised Procurement Policy
CITY OF HOPKINS
HRA Report 2024-05
To: Honorable Chair and Board Members
Mike Mornson, City Manager
From: Muse Mohamed, Executive Director
Date: 06/04/2024
Subject: Resolution to Adopt the Revised Procurement Policy
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO: Adopt Resolution No. 554 to Adopt of Revised HRA Procurement Policy
authorizing HRA Chair and Executive Director to revise and implement the procurement
policy.
With approval of this motion, the HRA Board, Executive Director and Public Housing
Manager will begin utilizing the new policy with all future procurement activities.
OVERVIEW
The HRA was notified that, following an on-site HUD review and written guidance,
revisions to its procurement practices were required. This led to a staff review of the
existing HRA procurement policy, which was adopted in February 2010. Since then,
new federal and state procurement mandates have been implemented and enforced.
The key changes to the revised policy involve adjustments to the micro-purchase and
small purchase thresholds. The recommended revised policy proposes increasing the
micro-purchase threshold from $2,000 to $10,000. This change would allow staff to
solicit a single reasonable quote, thereby reducing the administrative burden of
obtaining multiple bids for purchases under $10,000. Furthermore, the revised policy
also raises the small purchase threshold from $100,000 to $175,000. The small
purchase threshold mandates obtaining a minimum of two bids for any construction
projects and services provided to the HRA above $10,000 and below $175,000.
The revised policy also streamlines the vendor appeal process to ensure alignment with
industry practices and HUD's minimum requirements. Additionally, it incorporates recent
HUD updates to the Section 3 program, which stipulate that, to the greatest extent
possible, training, employment, contracting, and other economic opportunities should be
provided to low- and very low-income individuals.
SUPPORTING INFORMATION
• Resolution 554
• Revised Procurement Policy
Housing and
Redevelopment Authority
HOPKINS HOUSING AND REDEVELOPMENT AUTHORITY
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 554
Adopt Revised Procurement Policy 2024
WHEREAS, the Hopkins Housing and Redevelopment Authority (HRA) endeavors to
provide for a procurement system of quality and integrity; and
WHEREAS, the HRA seeks to provide for the fair and equitable treatment of all persons
or firms involved in purchasing by the HRA; and
WHEREAS, the HRA intends to ensure that supplies and services are procured
efficiently, effectively, and at favorable and valuable prices to the HRA; and
WHEREAS, the HRA seeks to promote competition in contracting; and
WHEREAS, the HRA intends to ensure that the HRA purchasing actions are compliant
with applicable federal standards, HUD regulations and state and local laws; and
WHEREAS, the HRA endeavors to encourage new opportunities, resident employment,
resident owned businesses, and/or MBE/WBE firms, and create partnerships with other
nonprofits operating in the city that advance educational and other economic
opportunities for HRA families
NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Hopkins
HRA, that the HRA shall adopt the proposed updates to the attached HRA procurement
policy, thereby facilitating the HRA’s continued commitment to the highest standards of
compliance and ethics in its procurement practices.
By:___________________________
Patrick Hanlon, Board Chair
ATTEST:
_______________________________
Muse Mohamed, Executive Director
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Table of Contents
Section Description Page
1.0 Introduction 3
1.1 General 3
2.0 General Provisions 3
2.1 General 3
2.2 Application 3
2.3 Definition 4
2.4 Exclusions 4
2.5 Changes in Laws and Regulations 4
2.6 Public Access to Procurement Information 4
3.0 Ethics in Public Contracting 4
3.1 General 4
3.2 Conflict of Interest 4
3.3 Gratuities, Kickbacks, and Use of Confidential Information 5
3.4 Prohibition Against Contingent Fees 5
4.0 Procurement Planning 5
4.1 General 5
5.0 Procurement Methods 5
5.1 Petty Cash Purchases 5
5.2 Small Purchase Procedures 6
5.3 Sealed Bids 6
5.4 Competitive Proposals 7
5.5 Noncompetitive Proposals 9
5.6 Cooperative Purchasing/Intergovernmental Agreements 11
6.0 Independent Cost Estimate (ICE) 11
6.1 General 11
7.0 Cost and Price Analysis (CPA) 11
7.1 General 11
8.0 Solicitation and Advertising 12
8.1 Method of Solicitation 12
8.2 Time Frame 13
8.3 Form 13
8.4 Time Period for submission of Bids 13
8.5 Cancellation of Solicitations 13
8.6 Credit (or Purchasing) Cards 14
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Table of Contents (continued)
Section Description Page
9.0 Bonding Requirements 15
9.1 General 15
10.0 Contractor Qualifications and Duties 15
10.1 Contractor Responsibility 15
10.2 Suspension and Debarment 16
10.3 Vendor Lists 16
11.0 Contract Pricing Arrangements 16
11.1 Contract Types 16
11.2 Options 17
12.0 Contract Clauses 17
12.1 Contract Pricing Arrangements 17
12.2 Required Forms 17
13.0 Contract Administration 18
13.1 General 18
14.0 Specifications 18
14.1 General 18
14.2 Limitation 18
15.0 Appeals and Remedies 18
15.1 General 18
15.2 Informal Appeals Procedure 19
15.3 Formal Appeals Procedure 19
16.0 Assistance to Small and Other Businesses 19
16.1 Required Efforts 19
16.2 Goals 20
16.3 Definitions 20
17.0 Board Approval of Procurement Actions 21
17.1 Authority 21
18.0 Delegation of Contracting Authority 21
18.1 Delegation 21
18.2 Procedures 21
19.0 Documentation 21
19.1 Required Records 21
19.2 Level of Documentation 22
19.3 Record Retention 22
20.0 Disposition of Surplus Property 22
20.1 General 22
21.0 Funding Availability 22
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1.0 INTRODUCTION
1.1 General. Established for the Housing & Redevelopment Authority of Hopkins,
Minnesota (“the Agency”) by action of the Agency Board of Commissioners (“Board”)
on _____________, 2024, this Procurement Policy (“Policy”) complies with the Annual
Contributions Contract (“ACC”) between the Agency and the United States
Department of Housing and Urban Development (“HUD”), Federal Regulations at 2
CFR § 200.317 through 200.327, Procurement Standards, the procurement standards of the
Procurement Handbook for Public Housing Authorities (“PHAs”),and applicable State
and local laws.
1.2 Scope. This policy does not enlarge the Agency’s duty under any law, regulations,
or ordinances. If this Policy conflicts with applicable law, regulation or ordinances, the
applicable law, regulation or ordinance shall prevail.
2.0 GENERAL PROVISIONS
2.1 General. The Agency shall:
2.1.1 Provide for a procurement system of quality and integrity;
2.1.2 Provide for the fair and equitable treatment of all persons or firms involved
in purchasing by the Agency;
2.1.3 Ensure that supplies and services (including construction) are procured
efficiently, effectively, and at the most favorable and valuable prices
available to the Agency;
2.1.4 Promote competition in contracting; and
2.1.5 Assure that the Agency purchasing actions are in full compliance with
applicable Federal standards, HUD regulations, State and local laws.
2.1.6 Encourage new opportunities, other economic approaches for residents,
resident employment, resident owned businesses, and/or MBE/WBE Firms,
and create partnerships with other non-profits operating in the city that
advance educational and other economic opportunities for the agency’s
families.
2.2 Application. This Policy applies to all procurement actions of the Agency, regardless of
the source of funds, except as noted under “exclusions” below. However, nothing in this
Policy shall prevent the Agency from complying with the terms and conditions of any
21.1 General 22
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grant, contract, gift or bequest that is otherwise consistent with the law. When both HUD
and non-Federal grant funds are used for a project, the work to be accomplished with the
funds should be separately identified prior to procurement so that appropriate
requirements can be applied, if necessary. If it is not possible to separate the funds, HUD
procurement regulations shall be applied to the total project. If funds and work can be
separated and work can be completed by a new contract, then regulations applicable to the
source of funding may be followed.
2.3 Definition. The term “procurement,” as used in this Policy, includes the procuring,
purchasing, leasing, or renting of: (1) goods, supplies, equipment, and materials, (2)
construction and maintenance; consultant services, (3) Architectural and Engineering
(A/E) services, (4) Social Services, and (5) other services.
2.4 Exclusions. This policy does not govern administrative fees earned under the Section 8
voucher program, the award of vouchers under the Section 8 program, the execution of
landlord Housing Assistance Payments contracts under that program, or non-program
income, e.g., fee-for-service revenue under 24 CFR § 990. These excluded areas are
subject to applicable State and local requirements.
2.5 Changes in Laws and Regulations. In the event an applicable law or regulation is
modified or eliminated, or a new law or regulation is adopted, the revised law or
regulation shall, to the extent inconsistent with these Policies, automatically supersede
these Policies.
2.6 Public Access to Procurement Information. Most procurement information that is
not proprietary is a matter of public record and shall be available to the public to the
extent provided in the Minnesota Freedom of Information Act.
3.0 ETHICS IN PUBLIC CONTRACTING
3.1 General. The Agency hereby establishes this code of conduct regarding procurement
issues and actions. This code of conduct, etc., is consistent with applicable Federal,
State or local laws.
3.2 Conflicts of Interest. No employee, officer, Board member, or agent of the Agency
shall participate directly or indirectly in the selection, award, or administration of any
contract if a conflict of interest, either real or apparent, would be involved. This type of
conflict would be when one of the persons listed below has a financial or any other type
of interest in a firm competing for the award:
3.2.1 An employee, officer, Board member, or agent involved in making the award;
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3.2.2 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);
3.2.3 His/her partner; or
3.2.4 An organization which employs or is negotiating to employ or has an
arrangement concerning prospective employment of any of the above.
3.3 Gratuities, Kickbacks, and Use of Confidential Information. No officer, employee,
Board member, or agent of the Agency shall ask for or accept gratuities, favors, or items
of more than nominal value (i.e. inexpensive hat with logo) from any contractor,
potential contractor, or party to any subcontract, and shall not knowingly use
confidential information for actual or anticipated personal gain.
3.4 Prohibition against Contingent Fees. Contractors wanting to do business with the
Agency must not hire a person to solicit or secure a contract for a commission,
percentage, brokerage, or contingent fee, except for bona fide established commercial
selling agencies.
4.0 PROCUREMENT PLANNING
4.1 General. Planning is essential to managing the procurement function properly. Hence,
the Agency will periodically review its record of prior purchases, as well as future
needs, to:
4.1.1 Find patterns of procurement actions that could be performed more
efficiently or economically;
4.1.2 Maximize competition and competitive pricing among contracts and
decrease the Agency’s procurement costs;
4.1.3 Reduce Agency administrative costs;
4.1.4 Ensure that supplies and services are obtained without any need for re-
procurement (i.e., resolving bid protests); and
4.1.5 Minimize errors that occur when there is inadequate lead time.
Consideration shall be given to storage, security, and handling requirements when
planning the most appropriate purchasing actions.
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5.0 PROCUREMENT METHODS
5.1 Petty Cash Purchases. Purchases under $75 may be handled through the use of a petty
cash account. Petty Cash Accounts may be established in an amount sufficient to cover
small purchases made during a reasonable period, e.g., one month. For all Petty Cash
Accounts, the Agency shall ensure that security is maintained and only authorized
individuals have access to the account. These accounts shall be reconciled and
replenished periodically.
5.2 Micro and Small Purchase Procedures. For any amounts above the Petty Cash
ceiling, but not exceeding $175,000, the Agency may use small purchase procedures.
Under small purchase procedures, the Agency shall obtain a reasonable number of
quotes (at least two); however, for purchases of less than $10,000 also known as Micro
Purchases, only one quote is required provided the quote is considered reasonable. To
the greatest extent feasible, and to promote competition, small purchases should be
distributed among qualified sources. Quotations for Small Purchases (QSP), or quotes,
may be obtained orally (either in person or by phone), by fax, in writing, or through e-
procurement. Award shall be made to the responsive and responsible vendor that
submits the lowest cost to the Agency. If award is to be made for reasons other than
lowest price, documentation shall be provided in the contract file. The Agency shall not
break down requirements aggregating more than the small purchase threshold (or the
Micro Purchase threshold) into several purchases that are less than the applicable
threshold merely to: (1) permit use of the small purchase procedures or (2) avoid any
requirements that applies to purchases that exceed the Micro Purchase threshold.
5.3 Sealed Bids. Sealed bidding, also known as Invitation for Bids (IFB), shall be used for
all contracts that exceed the small purchase threshold and that are not competitive
proposals or non-competitive proposals, as these terms are defined in this Policy.
Under sealed bids, the Agency publicly solicits bids and awards a firm fixed-price
contract (lump sum or unit price) to the responsive and responsible bidder whose bid,
conforming with all the material terms and conditions of the IFB, is the lowest in price.
Sealed bidding is the preferred method for procuring construction, supply, and non-
complex service contracts that are expected to exceed $175,000.
5.3.1 Conditions for Using Sealed Bids. The Agency shall use the sealed bid
method if the following conditions are present: a complete, adequate, and
realistic statement of work, specification, or purchase description is
available; three or more responsible bidders are willing and able to compete
effectively for the work; the contract can be awarded based on a firm fixed
price; and the selection of the successful bidder can be made principally on
the lowest price.
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5.3.2 Solicitation and Receipt of Bids. An IFB is issued which includes the
specifications and all contractual terms and conditions applicable to the
procurement, and a statement that award will be made to the lowest
responsible and responsive bidder whose bid meets the requirements of the
solicitation. The IFB must state the time and place for both receiving the
bids and the public bid opening. All bids received will be date and time-
stamped and stored unopened in a secure place until the public bid opening.
A bidder may withdraw the bid at any time prior to the bid opening.
5.3.3 Bid Opening and Award. Bids shall be opened publicly. All bids received
shall be recorded on an abstract (tabulation) of bids, which shall then be
made available for public inspection. If equal low bids are received from
responsible bidders, selection shall be made by drawing lots or other similar
random method. The method for doing this shall be stated in the IFB. If only
one responsive bid is received from a responsible bidder, award shall not be
made unless the price can be determined to be reasonable, based on a cost or
price analysis.
5.3.4 Mistakes in Bids. Correction or withdrawal of bids may be permitted,
where appropriate, before bid opening by written or telegraphic notice
received in the office designated in the IFB prior to the time set for bid
opening. After bid opening, corrections in bids may 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 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. All decisions to allow
correction or withdrawal of a bid shall be supported by a written
determination signed by the Contracting Officer. After bid opening, changes
in bid prices or other provisions of bids prejudicial to the interest of the
Agency or fair competition shall not be permitted.
5.4 Competitive Proposals. Unlike sealed bidding, the competitive proposal method, also
known as Request for Proposals (RFP), permits: consideration of technical factors
other than price; discussion with offerors concerning offers submitted; negotiation of
contract price or estimated cost and other contract terms and conditions; revision of
proposals before the final contractor selection; and the withdrawal of an offer at any
time up until the point of award. Award is normally made on the basis of the proposal
that represents the best overall value to the Agency, considering price and other factors,
e.g., technical expertise, past experience, quality of proposed staffing, etc., set forth in
the solicitation and not solely the lowest price.
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5.4.1 Conditions for Use. Where conditions are not appropriate for the use of
sealed bidding, competitive proposals may be used. Competitive proposals
are the preferred method for procuring professional services that will exceed
the small purchase threshold. As detailed within Section 7.2.B of HUD
Procurement Handbook 7460.8 REV 2, “Only under limited circumstances
would construction services be procured by competitive proposals;”
accordingly, construction services will most typically be procured utilizing
the sealed bid (IFB) or small purchase procedures (QSP).
5.4.2 Form of Solicitation. Other than A/E services, developer-related services
and energy performance contracting, competitive proposals shall be
solicited through the issuance of an RFP. The RFP shall clearly identify the
importance and relative value of each of the evaluation factors as well as any
subfactors and price. 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 until
after award. The Agency may assign price a specific weight in the evaluation
factors or the Agency may consider price in conjunction with technical
factors; in either case, the method for evaluating price shall be established in
the RFP.
5.4.3 Evaluation. The proposals shall be evaluated only on the factors stated in
the RFP. Where not apparent from the evaluation factors, the Agency shall
establish an Evaluation Plan for each RFP. Generally, all RFPs shall be
evaluated by an appropriately appointed Evaluation Committee. The
Evaluation Committee shall be required to disclose any potential conflicts of
interest and to sign a Non-Disclosure statement. An Evaluation Report,
summarizing the results of the evaluation, shall be prepared prior to award
of a contract.
5.4.4 Discussions. Negotiations shall be conducted with all offerors who submit
a proposal determined to have a reasonable chance of being selected for
award, unless it is determined that negotiations are not needed with any of
the offerors. This determination is based on the relative score of the
proposals as they are evaluated and rated in accordance with the technical
and price factors specified in the RFP. These offerors shall be treated fairly
and equally with respect to any opportunity for negotiation and revision of
their proposals. No offeror shall be given any 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. A common deadline shall be established
for receipt of proposal revisions based on negotiations. Negotiations are
exchanges (in either competitive or sole source environment) between the
Agency and offerors that are undertaken with the intent of allowing the
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offeror to revise its proposal. These negotiations may include bargaining.
Bargaining includes persuasion, alteration of assumptions and positions,
give-and-take, and may apply to price, schedule, technical requirements,
type of contract or other terms of a proposed contract. When negotiations
are conducted in a competitive acquisition, they take place after
establishment of the competitive range and are called discussions.
Discussions are tailored to each offeror’s proposal, and shall be conducted
by the contracting officer with each offeror within the competitive range.
The primary object of discussions is to maximize the Agency’s ability to
obtain best value, based on the requirements and the evaluation factors set
forth in the solicitation. The contracting officer shall indicate to, or discuss
with, each offeror still being considered for award, significant weaknesses,
deficiencies, and other aspects of its proposal (such as technical approach,
past performance, and terms and conditions) that could, in the opinion of
the contracting officer, be altered or explained to enhance materially the
proposer’s potential for award. The scope and extent of discussions are a
matter of the contracting officer’s judgment. The contracting officer may
inform an offeror that its price is considered by the Agency to be too high, or
too low, and reveal the results of the analysis supporting that conclusion. It
is also permissible to indicate to all offerors the cost or price that the
Agency’s price analysis, market research, and other reviews have identified
as reasonable. “Auctioning” (revealing one offeror’s price in an attempt to
get another offeror to lower their price) is prohibited.
5.4.5 Award. After evaluation of the revised proposals, if any, the contract shall
be awarded to the responsible firm whose technical approach to the project,
qualifications, price and/or any other factors considered, are most
advantageous to the Agency provided that the price is within the maximum
total project budgeted amount established for the specific property or
activity.
5.4.6 A/E Services, Developer, Energy Performance, and related services. The
Agency shall contract for A/E services using Qualifications-based Selection
(QBS) procedures, utilizing a Request for Qualifications (RFQ). Sealed
bidding shall not be used for A/E solicitations. Under QBS procedures,
competitors’ qualifications are evaluated and the most qualified competitor
is selected, subject to negotiation of fair and reasonable compensation. Price
is not used as a selection factor under this method. QBS procedures shall not
be used to purchase other types of services, other than Energy Performance
Contracting and Developer services, though architectural/engineering firms
are potential sources.
5.4.7 Legal Services. See Chapter 7.4 in HUD Handbook and PIH Notice 2006-9.
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5.5 Noncompetitive Proposals.
5.5.1 Conditions for Use. Procurement by noncompetitive proposals (sole- or
single-source) may be used only when the award of a contract is not feasible
using small purchase procedures, sealed bids, cooperative purchasing, or
competitive proposals, and if one of the following applies:
5.5.1.1 The item is available only from a single source, based on a good
faith review of available sources;
5.5.1.2 An emergency exists that seriously threatens the public health,
welfare, or safety, or endangers property, or would otherwise
cause serious injury to the Agency, 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 of the other procurement methods,
and the emergency procurement shall be limited to those
supplies, services, or construction necessary simply to meet the
emergency;
5.5.1.3 HUD authorizes the use of noncompetitive proposals; or
5.5.1.4 After solicitation of a number of sources, competition is
determined inadequate.
5.5.2 Justification. Each procurement based on noncompetitive proposals shall
be supported by a written justification for the selection of this method. The
justification shall be approved in writing by the responsible Contracting
Officer. Poor planning or lack of planning is not justification for emergency
or sole-source procurements. The justification, to be included in the
procurement file, should include the following information:
5.5.2.1 Description of the requirement;
5.5.2.2 History of prior purchases and their nature (competitive vs.
noncompetitive);
5.5.2.3 The specific exception in 2 CFR §200.320(f)(1)-(4) which
applies;
5.5.2.4 Statement as to the unique circumstances that require award by
noncompetitive proposals;
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5.5.2.5 Description of the efforts made to find competitive sources
(advertisement in trade journals or local publications, phone
calls to local suppliers, issuance of a written solicitation, etc.);
5.5.2.6 Statement as to efforts that will be taken in the future to
promote competition for the requirement;
5.5.2.7 Signature by the Contracting Officer’s supervisor (or someone
above the level of the Contracting Officer); and
5.5.2.8 Price Reasonableness. The reasonableness of the price for all
procurements based on noncompetitive proposals shall be
determined by performing an analysis, as described in this Policy.
5.6 Cooperative Purchasing/Intergovernmental Agreements. The Agency may enter
into State and/or local cooperative or intergovernmental agreements to purchase or use
common supplies, equipment, or services. The decision to use an interagency agreement
instead of conducting a direct procurement shall be based on economy and efficiency. If
used, the interagency agreement shall stipulate who is authorized to purchase on behalf
of the participating parties and shall specify inspection, acceptance, termination,
payment, and other relevant terms and conditions. The Agency may use Federal or
State excess and surplus property instead of purchasing new equipment and property if
feasible and if it will result in a reduction of project costs. The goods and services
obtained under a cooperative purchasing agreement must have been procured in
accordance with 2 CFR §200.317 through §200.327.
6.0 INDEPENDENT COST ESTIMATE (ICE)
6.1 General. For all purchases above the Micro Purchase threshold, the Agency shall
prepare an ICE prior to solicitation. The level of detail shall be commensurate with the
cost and complexity of the item to be purchased.
7.0 COST AND PRICE ANALYSIS (CPA)
7.1 General. The Agency shall require assurance that, before entering into a contract, the
price is reasonable, in accordance with the following instructions.
7.1.1 Petty Cash and Micro Purchases. No formal cost or price analysis is
required. Rather, the execution of a contract by the Contracting Officer
(through a Purchase Order or other means) shall serve as the Contracting
Officer’s determination that the price obtained is reasonable, which may be
based on the Contracting Officer’s prior experience or other factors.
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7.1.2 Small Purchases. A comparison with other offers shall generally be
sufficient determination of the reasonableness of price and no further
analysis is required. If a reasonable number of quotes are not obtained to
establish reasonableness through price competition, the Contracting Officer
shall document price reasonableness through other means, such as prior
purchases of this nature, catalog prices, the Contracting Officer’s personal
knowledge at the time of purchase, comparison to the ICE, or any other
reasonable basis.
7.1.3 Sealed Bids. The presence of adequate competition should generally be
sufficient to establish price reasonableness. Where sufficient bids are not
received, and when the bid received is substantially more than the ICE, and
where the Agency cannot reasonably determine price reasonableness, the
Agency must conduct a cost analysis, consistent with federal guidelines, to
ensure that the price paid is reasonable.
7.1.4 Competitive Proposals. The presence of adequate competition should
generally be sufficient to establish price reasonableness. Where sufficient
proposals are not received, the Agency must compare the price with the
ICE. For competitive proposals where prices cannot be easily compared
among offerors, where there is not adequate competition, or where the price
is substantially greater than the ICE, the Agency must conduct a cost
analysis, consistent with Federal guidelines, to ensure that the price paid is
reasonable.
7.1.5 Contract Modifications. A cost analysis, consistent with federal
guidelines, shall be conducted for all contract modifications for projects that
were procured through Sealed Bids, Competitive Proposals, or Non-
Competitive Proposals, or for projects originally procured through Small
Purchase procedures and the amount of the contract modification will result
in a total contract price greater than the simplified acquisition threshold or
an amount amended by applicable law or regulation.
8.0 SOLICITATION AND ADVERTISING
8.1 Method of Solicitation.
8.1.1 Petty Cash and Micro Purchases. The Agency may contact only one source
if the price is considered reasonable.
8.1.2 Small Purchases. Quotes may be solicited orally, through fax, E-
Procurement, or by any other reasonable method.
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8.1.3 Sealed Bids and Competitive Proposals. Solicitation must be done
publicly. The Agency must use one or more following solicitation methods,
provided that the method employed provides for meaningful competition.
8.1.3.1 Advertising in newspapers or other print mediums of local or
general circulations.
8.1.3.2 Advertising in various trade journals or publications (for
construction).
8.1.3.3 E-Procurement. The Agency may conduct its public
procurements through the Internet using e-procurement
systems. However, all e-procurements must otherwise be in
compliance with 2 CFR § 200.317 through § 200.327, State and
local requirements, and the Agency’s procurement policy.
8.2 Time Frame. For purchases of more than $175,000, the public notice should run not less
than once each week for two consecutive weeks.
8.3 Form. Notices/advertisements should state, at a minimum, the place, date, and time that
the bids or proposals are due, the solicitation number, a contact that can provide a copy
of, and information about, the solicitation, and a brief description of the needed items(s).
8.4 Time Period for Submission of Bids. A minimum of 21 days shall generally be provided
for preparation and submission of sealed bids and 15 days for competitive proposals.
However, the Executive Director may allow for a shorter period under extraordinary
circumstances.
8.5 Cancellation of Solicitations.
8.5.1 An IFB, RFP, or other solicitation may be cancelled before bids/offers are
due if:
8.5.1.1 The supplies, services or construction is no longer required;
8.5.1.2 The funds are no longer available;
8.5.1.3 Proposed amendments to the solicitation are of such magnitude
that a new solicitation would be best; or
8.5.1.4 Other similar reasons.
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8.5.2 A solicitation may be cancelled and all bids or proposals that have already
been received may be rejected if:
8.5.2.1 The supplies or services (including construction) are no longer
required;
8.5.2.2 Ambiguous or otherwise inadequate specifications were part of
the solicitation;
8.5.2.3 All factors of significance to the Agency were not considered;
8.5.2.4 Prices exceed available funds and it would not be appropriate to
adjust quantities to come within available funds;
8.5.2.5 There is reason to believe that bids or proposals may not have
been independently determined in open competition, may have
been collusive, or may have been submitted in bad faith; or
8.5.2.6 For good cause of a similar nature when it is in the best interest
of the Agency.
8.5.3 The reasons for cancellation shall be documented in the procurement file
and the reasons for cancellation and/or rejection shall be provided upon
request.
8.5.4 A notice of cancellation shall be sent to all bidders/offerors solicited and, if
appropriate, shall explain that they will be given an opportunity to compete
on any re-solicitation or future procurement of similar items.
8.5.5 If all otherwise acceptable bids received in response to an IFB are at
unreasonable prices an analysis should be conducted to see if there is a
problem in either the specifications or the Agency’s cost estimate. If both are
determined adequate and if only one bid is received and the price is
unreasonable, the Contracting Officer may cancel the solicitation and either
8.5.5.1 Re-solicit using an RFP; or
8.5.5.2 Complete the procurement by using the competitive proposal
method. The Contracting Officer must determine, in writing,
that such action is appropriate, must inform all bidders of the
Agency’s intent to negotiate, and must give each bidder a
reasonable opportunity to negotiate.
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8.5.6 If problems are found with the specifications, the Agency should cancel the
solicitation, revise the specifications and re-solicit using an IFB.
8.6 Credit (or Purchasing) Cards. Credit card usage should follow the rules for all other
small purchases. For example, the Contracting Officer may use a credit card for Micro
Purchases without obtaining additional quotes provided the price is considered
reasonable. However, for amounts above the Micro Purchase level, the Contracting
Officer would generally need to have obtained a reasonable number of quotes before
purchasing via a credit card. When using credit cards, the Agency shall adopt
reasonable safeguards to assure that they are used only for intended purposes (for
instance, limiting the types of purchases or the amount of purchases that are permitted
with credit cards).
9.0 BONDING REQUIREMENTS
9.1 General. The standards under this section apply to construction contracts that exceed
$100,000. There are no bonding requirements for small purchases or for competitive
proposals. The Agency may require bonds in these latter circumstances when deemed
appropriate; however, non-construction contracts should generally not require bid
bonds.
9.1.1 Bid Bonds. For construction contracts exceeding $100,000, offerors shall be
required to submit a bid guarantee from each bidder equivalent to 5% of the
bid price. (See 2 CFR § 200.326)
9.1.2 Payment Bonds. For construction contracts exceeding $100,000, the
successful bidder shall furnish an assurance of completion. This assurance
may be any one of the following four:
9.1.2.1 A performance and payment bond in a penal sum of 100% of the
contract price; or
9.1.2.2 Separate performance and payment bonds, each for 50% or more
of the contract price; or
9.1.2.3 A 20 % cash escrow; or
9.1.2.4 A 25 % irrevocable letter of credit.
These bonds must be obtained from guarantee or surety companies
acceptable to the U. S. Government and authorized to do business in the
State of Minnesota. Individual sureties shall not be considered. U. S.
Treasury Circular Number 570 lists companies approved to act as sureties
on bonds securing Government contracts, the maximum underwriting
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limits on each contract bonded, and the States in which the company is
licensed to do business. Use of companies on this circular is mandatory.
10.0 CONTRACTOR QUALIFICATIONS AND DUTIES
10.1 Contractor Responsibility
10.1.1 The Agency shall not award any contract until the prospective contractor,
i.e., low responsive bidder, or successful offeror, has been determined to be
responsible. A responsible bidder/offeror must:
10.1.1.1 Have adequate financial resources to perform the contract, or the
ability to obtain them;
10.1.1.2 Be able to comply with the required or proposed delivery or
performance schedule, taking into consideration all of the
bidder’s/offeror’s existing commercial and governmental
business commitments;
10.1.1.3 Have a satisfactory performance record;
10.1.1.4 Have a satisfactory record of integrity and business ethics;
10.1.1.5 Have the necessary organization, experience, accounting and
operational controls, and technical skills, or the ability to obtain
them;
10.1.1.6 Have the necessary production, construction, and technical
equipment and facilities, or the ability to obtain them; and,
10.1.1.7 Be otherwise qualified and eligible to receive an award under
applicable laws and regulations, including not be suspended,
debarred or under a HUD-imposed LDP.
10.1.1.8 Comply with Minn. Stat. § 16C.285 Responsible Construction
Contractor Requirement and sign a responsible construction
contractor verification form;
10.1.2 If a prospective contractor is found to be non-responsible, a written
determination of non-responsibility shall be prepared and included in the
official contract file, and the prospective contractor shall be advised of the
reasons for the determination.
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10.2 § 200.214 Suspension and Debarment. Contracts shall not be awarded to debarred,
suspended, or otherwise ineligible parties. Contractors may be suspended, debarred, or
determined to be ineligible by HUD in accordance with HUD regulations (2 CFR
§200.317 through §200.327) or by other Federal agencies, e.g., Department of Labor for
violation of labor regulations, when necessary to protect housing authorities in their
business dealings. Prior to issuance of a contract, Agency staff shall conduct the
required searches within the HUD Limited Denial of Participation (LDP) system and
the U.S. General Services Administration System for Award Management (SAM) and
document the search in the contract file.
10.3 Vendor Lists. All interested businesses shall be given the opportunity to be included
on vendor mailing lists. Any lists of persons, firms, or products which are used in the
purchase of supplies and services (including construction) shall be kept current and
include enough sources to ensure competition.
11.0 CONTRACT PRICING ARRANGEMENTS
11.1 Contract Types. Any type of contract which is appropriate to the procurement and
which will promote the best interests of the Agency may be used, provided the cost -
plus-a-percentage-of-cost and percentage-of-construction-cost methods are not
used. All solicitations and contracts shall include the clauses and provisions necessary
to define the rights and responsibilities of both the contractor and the Agency. For all
cost reimbursement contracts, the Agency must include a written determination as to
why no other contract type is suitable. Further, the contract must include a ceiling
price that the contractor exceeds at its own risk.
11.2 Options. Options for additional quantities or performance periods may be included in
contracts, provided that:
11.2.1 The option is contained in the solicitation;
11.2.2 The option is a unilateral right of the Agency;
11.2.3 The contract states a limit on the additional quantities and the overall
term of the contract;
11.2.4 The options are evaluated as part of the initial competition;
11.2.5 The contract states the period within which the options may be
exercised;
11.2.6 The options may be exercised only at the price specified in or reasonably
determinable from the contract; and
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11.2.7 The options may be exercised only if determined to be more
advantageous to the Agency than conducting a new procurement.
12.0 CONTRACT CLAUSES
12.1 Contract Pricing Arrangements. All contracts shall identify the contract pricing
arrangement as well as other pertinent terms and conditions, as determined by the
Agency.
12.2 Required Forms. HUD-funded contracts issued by the Agency must include the
applicable HUD forms and certification listed in Appendix A. Copies of the forms shall
also be available at the Agency’s office.
12.3 Required Contract Clauses: The Agency shall ensure that each contract executed by
the Agency contains the required contract clauses detailed within 2 CFR §200.327 and
2 CFR §200 Appendix II.
13.0 CONTRACT ADMINISTRATION
13.1 General. The Agency shall maintain a system of contract administration designed to
ensure that Contractors perform in accordance with their contracts. These systems
shall provide for inspection of supplies, services, or construction, as well as monitoring
contractor performance, status reporting on major projects including construction
contracts, and similar matters. For cost-reimbursement contracts, costs are allowable
only to the extent that they are consistent with the cost principles in HUD Handbook
2210.18.
14.0 SPECIFICATIONS
14.1 General. All specifications shall be drafted so as to promote overall economy for the
purpose intended and to encourage competition in satisfying the Agency’s needs.
Specifications shall be reviewed prior to issuing any solicitation to ensure that they are
not unduly restrictive or represent unnecessary or duplicative items. Function 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.
14.2 Limitation. The following types of specifications shall be avoided:
14.2.1 Geographic restrictions not mandated or encouraged by applicable Federal
law (except for A/E contracts, which may include geographic location as a
selection factor if adequate competition is available);
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14.2.2 Brand name specifications (unless the specifications list the minimum
essential characteristics and standards to which the item must conform to
satisfy its intended use).
Nothing in this procurement policy shall preempt any State licensing laws.
15.0 APPEALS AND REMEDIES
15.1 General. It is Agency policy to resolve all contractual issues informally and without
litigation. When appropriate, a mediator may be used to help resolve differences.
15.2 Formal Appeals Procedure. A formal appeals procedure shall be established for
solicitations/contracts of more than $175,000.
15.2.1 Bid Protest. Any actual or prospective contractor may protest the
solicitation or award of a contract for serious violations of the principles of
this policy. The Contracting Officer must receive any protest against
solicitation before the due date for the receipt of bids or proposals, and any
protest against the award of a contract within ten calendar days after the
contractor receives notice of the contract award, or the protest will not be
considered. All bid protest shall be in writing, submitted to the Contracting
Officer who shall issue a written decision on the matter. The Contracting
Officer may suspend the procurement pending resolution of the protest.
15.2.2 Contractor Claims. All claims by a contractor relating to performance of a
contract shall be submitted in writing to the contracting officer for a
written decision. The contractor may request a conference on the claim.
Contractor claims shall comply with the changes clause in the relevant form
HUD-5370.
16.0 ASSISTANCE TO SMALL AND OTHER BUSINESSES
16.1 Required Efforts. Consistent with Presidential Executive Orders 11625, 12138, and
12432, and Section 3 of the HUD Act of 1968, all feasible efforts shall be made to ensure
that small and minority-owned businesses, women’s business enterprises, and labor
surplus area firms are used when possible. Such efforts shall include:
16.1.1 Including such firms, when qualified, on solicitation mailing lists;
16.1.2 Encouraging their participation through direct solicitation of bids or
proposals whenever they are potential sources;
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16.1.3 Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by such firms;
16.1.4 Establishing delivery schedules, where the requirement permits, which
encourage participation by such firms;
16.1.5 Using the services and assistance of the Small Business Administration, and
the Minority Business Development Agency of the Department of
Commerce;
16.1.6 Including in contracts, the section 3 clause in 24 CFR § 75, or other
applicable federal regulations; and
16.1.7 Requiring prime contractors, when subcontracting is anticipated, to take
the positive steps listed above.
16.2 Goals. May be established periodically for participation by small businesses, minority-
owned businesses, women-owned business enterprises, labor surplus area businesses,
and Section 3 business concerns in Agency prime contracts and subcontracting
opportunities, and in accordance with 24 § CFR 75. In addition to contracting and
subcontracting opportunities, the Agency may undertake efforts to provide low-income
persons with other economic opportunities in addition to training, employment and
contract awards.
16.3 Definitions.
16.3.1 A small business is defined as a business that 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 should be used to determine business size.
16.3.2 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 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, Asian
Indian Americans, and Hasidic Jewish Americans.
16.3.3 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 control and
operate the business.
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16.3.4 A “Section 3 business concern” is as defined under 24 CFR Part 75.
16.3.5 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 DOL in 20 CFR § 654, Subpart A, and
in the list of labor surplus areas published by the Employment and Training
Administration.
17.0 BOARD APPROVAL OF PROCUREMENT ACTIONS
17.1 Authority. The Board appoints and delegates procurement authority to the Executive
Director (ED) in the amount not to exceed $50,000 and is responsible for ensuring that
any procurement policies and procedures adopted are appropriate for the Agency. All
procurements that exceed $50,000 must have approval from the Board prior to award
and/or contract execution. In the event of an emergency that a contract must be
awarded prior to obtaining board approval, the Executive Director may consult with
the Board Chair or Board Treasurer/Secretary on the award. If the Chair or
Secretary/Treasurer are not available, any member of the board may suffice for
permission. The new contract must be presented to the board at the next regularly
scheduled board meeting.
18.0 DELEGATION OF CONTRACTING AUTHORITY
18.1 Delegation. While the ED is responsible for ensuring that the Agency’s procurements
comply with this Policy, the ED may delegate in writing all procurement authority as is
necessary and appropriate to conduct the business of the Agency.
18.2 Procedures. Further, and in accordance with this delegation of authority, the ED may,
establish operational procedures (such as a procurement manual or standard operating
procedures) to implement this Policy.
19.0 DOCUMENTATION
19.1 Required Records. The Agency must maintain records sufficient to detail the
significant history of each procurement action. These records shall include, but shall
not necessarily be limited to, the following:
19.1.1 Rationale for the method of procurement (if not self-evident);
19.1.2 Rationale of contract pricing arrangement (also if not self-evident);
19.1.3 Reason for accepting or rejecting the bids or offers;
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19.1.4 Basis for the contract price (as prescribed in this handbook);
19.1.5 A copy of the contract documents awarded or issued and signed by the
Contracting Officer;
19.1.6 Basis for contract modifications; and
19.1.7 Related contract administration actions.
19.2 Level of Documentation. The level of documentation should be commensurate with
the value of the procurement.
19.3 Record Retention. Records are to be retained for a period of three years after final
payment and all matters pertaining to the contact are closed.
20.0 DISPOSITION OF SURPLUS PROPERTY
20.1 General. Property no longer necessary for the Agency’s purposes (non-real property)
shall be transferred, sold, or disposed of in accordance with applicable Federal, state,
and local laws and regulations.
21.0 FUNDING AVAILABILITY
21.1 General. Before initiating any contract, the Agency shall ensure that there are
sufficient funds available to cover the anticipated cost of the contract or modification.
22.0 REVISION HISTORY
22.1 Current Version. Adopted by the Hopkins HRA board of Commissioners. Substantial
updates throughout, including the small and micro-purchuse thresholds and the
conditions related to this Policy’s applicability.
22.2 History. This policy super-cedes the prior version of the Hopkins Procurement Policy
dated 02/01/2010
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Appendix A: HUD-Required Contract Forms and Certifications
1) HUD 5369 Instructions to Bidders
2) HUD 5369-A Representations, Certifications and Other Statements of Bidders
3) HUD 5369-B Instructions to Offerors Non-Construction
4) HUD 5370 General Conditions of the contract for Constructions
5) HUD 5370-C General Contract Conditions Non-Constructions (Section I and II)
6) HUD 5370-EZ General Contract Conditions Small Constructions/Development
7) HUD 51915 and 51915A Agreement between owner and design professional
8) HUD 52158 Maintenance Wage Decision
9) Davis-Bacon and Related Acts Wage Determination
10) HUD 50071 Certifications of Payments to Influence Federal Transactions
11) SF-LL Disclosure of Lobbying Activities