State and Local Law
Each PHA operates under a different set of State and/or local laws. In some cases, the Federal standards may be more stringent than the State or local law/regulation. In general, the PHA must comply with whichever is more stringent. It would be impossible for the
Department to provide guidance on each and every State/local requirement affecting procurement. A more complete discussion of the relationships between Federal, State, and local laws is found in Chapter 13.
Public Access to Procurement Information
Certain information about PHA procurement is normally considered public (e.g., name of the winning contractor and total contract price) and should be released to the public in accordance with the PHA’s procurement policy and applicable State laws and regulations
governing freedom of information. Other information related to procurement is often protected from disclosure (e.g., proprietary business information such as technical methods or processes, detailed pricing information, personal information, or the PHA’s pre-decided information such as internal proposal evaluations). PHAs must exercise caution to ensure that protected information is not made public. Contracting personnel should consult the PHA’s legal counsel whenever there is any question regarding the release of information. In addition to laws requiring the publication of procurement opportunities, many State governments have enacted Freedom of Information or similar laws designed to further the goal of open government by providing public access to procurement information. These laws are not uniform as each State has a different set of rules defining what type of information is considered public as well as how and when it may be released. The State law on public records may or may not apply to the PHA’s procurement actions. Each PHA must incorporate applicable State laws into its procurement policy and ensure that procurement
actions are conducted in accordance with such laws.
The Procurement Policy
A. PHAs are required to establish and follow a written procurement policy that is consistent with 24 CFR 85.36. A sample procurement policy may be found at Appendix 1. The policy need not contain detailed working-level procedures, but should require establishment of such procedures to carry out the policy. Some PHAs prefer to combine the policy and procedures into a single publication for the
convenience of staff.
B. While it is not required that the procurement policy be submitted to HUD for approval, PHAs that wish to be exempt from prior HUD approval of certain individual procurement actions can have their procurement policy reviewed/approved by HUD, as discussed in Chapter 12. (PHAs can also self-certify that their procurement system meets all HUD requirements, which would also exempt them from certain HUD review requirements. See Chapter 12).
Delegation of Authority
A. Generally, the procurement policy delegates responsibility for procurement functions to the Executive Director, with authority to assign all or a portion of that responsibility to positions or individuals based on the organization and staffing of the PHA.
B. A person with authority for procurement activities is referred to as the Contracting Officer when he/she performs that function, regardless of any other job or position title he/she may have.
C. PHAs shall establish policies for the delegations of procurement authority (e.g., to the Executive Director). These policies should be included in the PHAs’ written procurement policy. Delegations of procurement authority should clearly state the limits of the authority delegated in terms of dollar value of individual obligations the person may make and any other limits (e.g., types of contracts the individual may award such as small purchases). Delegations should also state whether the recipient may further re-delegate any of the authority and, if so, how much.
Fair Housing & Equal Opportunity
Fair Housing Statement
The Housing Alachua County Housing Authority is a fair housing provider. We do not make any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin.
Equal Employment Opportunity Statement
The Housing Alachua County Housing Authority is an equal opportunity employer and complies with all federal and state laws, regulations and executive orders regarding employment.