40 U.S.C. 486(c); 41 U.S.C. 253; 42 U.S.C. 3535(d); and FAR class deviation approved November 15, 1990.
(b) The Senior Procurement Executive shall make the written determination in accordance with FAR 5.202(b) that advance notice of proposed contract actions is not appropriate or reasonable.
Use of paid advertisements in newspapers, trade journals, and other media are authorized by Delegations or Redelegations of Authority, subject to the availability of funds.
40 U.S.C. 486(c); 41 U.S.C. 253; 42 U.S.C. 3535(d).
(b)(1) The HCA shall sign the Determination and Finding (D&F) required by FAR 6.202(b)(1).
(c) A class justification for other than full and open competition shall be approved in writing by the Senior Procurement Executive.
(a) The justification for other than full and open competition for field procurements shall be approved in writing—
(3) For a proposed contract more than $1 million but not exceeding $10 million, by the Director, Office of Procurement and Contracts.
The Senior Procurement Executive shall designate the Department's competition advocate by
Sec. 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)).
The Senior Procurement Executive is responsible for establishing and maintaining internal procedures to implement the Department's Advance Procurement Planning System (APPS). The APPS should generally meet the criteria contained in FAR subpart 7.1.
40 U.S.C. 486(c); 42 U.S.C. 3535(d).
This subpart prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest.
The procedures described in this section shall be used for all advisory and assistance services contracts and for any other procurement involving the acquisition of services when the Contracting Officer determines that the nature of the procurement presents a potential for an organizational conflict of interest.
The Senior Procurement Executive is authorized to waive any general rule or procedure in FAR Subpart 9.5 by determining that its application to a particular situation would not be in the Government's interest.
The following actions are required for all contract actions covered by 2409.502:
(a)
(i) Being able to render impartial, technically sound, and objective assistance or advice; or
(ii) Being given an unfair competitive advantage.
(2) In the absence of any interest referred to above, the offeror shall submit a statement certifying that to the best of its knowledge and belief no such interest exists.
(3) The Contracting Officer will review the statement submitted and may
(i) Impose appropriate conditions which eliminate or neutralize such conflict;
(ii) Disqualify the offeror; or,
(iii) Determine that it is otherwise in the best interests of the United States to contract with the offeror by including appropriate conditions mitigating such conflict in the contract awarded.
(4) Failure to provide the disclosure or execute the representation will be deemed to be a minor infraction and the offeror or contractor will be permitted to correct the omission within a time frame established by the Contracting Officer.
(5) Refusal to provide the disclosure or representation and any additional information as required, or the willful nondisclosure or misrepresentation of any relevant interest shall disqualify the offeror or contractor for award or provide the rationale for post-award default action if the exercise of due diligence would have disclosed an apparent conflict. This provision applies equally to post-award disclosure requirements contained in the clause required by HUDAR 2409.508-2.
(b)
(2) Whenever an organizational conflict of interest is found to exist, it shall be adequately eliminated, or neutralized through the use of an appropriate special contract clause. Examples of the types of clauses which may be employed include, but are not limited, to the following:
(i) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the Contractor.
(ii) Software exclusion clauses which:
(A) Require the contractor, members of his or her Board of Directors, or his or her chief executives to eliminate, or neutralize an organizational conflict of interest:
(B) Provide for the protection of the confidentiality of data and guard against its unauthorized use; or
(C) Prohibit other segments or divisions of the contractor from becoming involved in the performance of the contract work or being in a position to influence such work.
(iii) The prospective contractor shall be given the opportunity to negotiate the terms and conditions of the clause and its application. The extent and time period of any restrictions shall be specified in the clause.
(c)
(i) The conflict has been eliminated or neutralized; or
(ii) The Contracting Officer determines that the award of the contract would be otherwise in the best interests of the Government. Where such a determination is made, an appropriate written finding and determination shall be placed in the contract file.
(2) Examples of circumstances justifying such a determination include but are not necessarily limited to:
(i) Situations where the public exigency will not otherwise permit; or,
(ii) Situations where the requirement cannot otherwise be obtained.
(3) The Contracting Officer's determination shall be approved by the Head of the Contracting Activity before award.
(d) Action in Lieu of Termination. If the Contracting Officer determines that it would not be in the best interest of the Government to terminate a contract as provided in the clause cited at HUDAR 2409.508-2, the Contracting Officer shall take every reasonable action to eliminate, or otherwise neutralize the organizational conflict of interest.
The Contracting Officer shall insert the provisions at 2452.209-70, Organizational Conflicts of Interest Notification, and 2452.209-71, Organizational Conflicts of Interest Certification, in all solicitations over the small purchase limitation.
The Contracting Officer shall insert the clause at 2452.209-72, Organizational Conflicts of Interest, in all contracts.
Departmental policies and procedures concerning debarment and suspension are contained in 24 CFR part 24.
40 U.S.C. 486(c); 42 U.S.C. 3535(d).
(a) The Contracting Officer may insert the clause at 48 CFR 2452.211-70, Contract Period, in all solicitations and contracts.