Government Contracting - FAR Supplements -HUD- Housing and Urban Development

FAR SUPPLEMENTS
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COMPLIMENTARY
WEBINAR SERIES
2022

FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
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About The FAR SUPPLEMENTS Webinar Series - 2022
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 Federal Acquisition Regulations covering Department procurement rules
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Webinar Wednesday - Schedule At A Glance
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1/12/22 – FAR
1/19/22 – FAR CAS
1/26/22 – DOD
2/2/22 – DPGI
2/9/22 – ARMY
2/16/22 – AIR FORCE
2/23/22 – DISA
3/2/22 – DLA
3/9/22 – USMC
3/16/22 - SPECIAL OPS
3/23/22 -TRANS COMMAND
3/30/22 – AGRICULTURE
4/6/22 – AIDAR
4/13/22 – DOC
4/20/22 – DOE
4/27/22 – DOI
5/4/22 – DOL
5/11/22 – DOS
5/18/22 – DOT (Treasury)
5/25/22 – DOEd
6/1/22 – EPA
6/8/22 – FEHB
6/15/22 – GSA
6/22/22 – HHS
6/29/22 – DHS
7/6/22 – HUD
7/13/22 – USAGM
7/20/22 – DOJ
7/27/22 – OPM
8/3/22 – NASA
8/10/22 – NRC
8/17/22 – DOT
(Transportation)
8/24/22 – VA

FRIDAY PLAYBOOKS - Schedule At A Glance
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1/14/22 – FAR
1/21/22 – FAR CAS
1/28/22 – DOD
2/4/22 – DPGI
2/11/22 – ARMY
2/18/22 – AIR FORCE
2/25/22 – DISA
3/4/22 – DLA
3/11/22 – USMC
3/18/22 - SPECIAL OPS
3/25/22 -TRANS COMMAND
4/1/22 – AGRICULTURE
4/8/22 – AIDAR
4/15/22 – DOC
4/22/22 – DOE
4/29/22 – DOI
5/6/22 – DOL
5/13/22 – DOS
5/20/22 – DOT (Treasury)
5/27/22 – DOEd
6/3/22 – EPA
6/10/22 – FEHB
6/17/22 – GSA
6/24/22 – HHS
7/1/22 – DHS
7/8/22 – HUD
7/15/22 – USAGM
7/22/22 – DOJ
7/29/22 – OPM
8/5/22 – NASA
8/12/22 – NRC
8/19/22 – DOT
(Transportation)
8/26/22 – VA

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2022 – FAR DEPARTMENT SUPPLEMENT
HUDAR – Housing and Urban Development
Date: Wednesday, July 6, 2022
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HOUSING AND URBAN DEVELOPMENT
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SPEAKER
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2022 – FAR DEPARTMENT SUPPLEMENT – HUDAR – HOUSING AND URBAN DEVELOPMENT
MEET OUR SPEAKER
Diana McGraw
Fox Rothschild LLC
dmcgraw@foxrothschild.com
(202) 794 - 1208
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HUDAR OVERVIEW
------------------------
COMPLIMENTARY
WEBINAR SERIES
2022

AGENDA- COMPLIMENTARY WEBINAR SERIES – 2022
Agenda
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Part 2401 – Federal
Acquisition Regulation System
Part 2402 – Definitions of
Words & Terms
Part 2403 – Improper Business
Practices & Personal Conflicts
of Interest
Part 2404 – Administrative
Matters
Part 2405 – Publicizing
Contract Actions
Part 2406 – Competition
Requirements
Part 2407 – Acquisition
Planning
Part 2408 – Required Sources
of Supplies & Services
Part 2409 – Contractor
qualifications
Part 2413 – Simplified
Acquisition Procedures
Part 2414 Sealed Bidding
Part 2415 – Contracting by
Negotiation
Part 2416 – Types of Contracts
Part 2417 – Special
Contracting Methods
Part 2419 – Small Business
Programs
Part 2422 – Application of
Labor Laws to Government
Acquisitions
Part 2424 – Protection of
Privacy & Freedom of
Information

AGENDA- COMPLIMENTARY WEBINAR SERIES – 2022
Agenda (cont.)
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Part 2425 – Trade Agreements
Act
Part 2426 – Other
Socioeconomic Programs
Part 2427 – Patents, Data, &
Copyright
Part 2428 – Bonds & Insurance
Part 2429 – Taxes
Part 2432 – Contract Financing
Part 2433 – Protests, Disputes,
& Appeals
Part 2434 – Major System
Acquisitions
Part 2436 – Construction &
Architect-Engineer Contracts
Part 2437 – Service
Contracting
Part 2442 – Contract
Administration & Audit
Services
Part 2444 – Subcontracting
Policies & Procedures
Part 2446 – Quality
Assurance
Part 2448 – Value
Engineering
Part 2449 – Termination of
Contracts
Part 2451 – Use of
Government Sources by
Contractors
Part 2452 – Solicitation
Provisions & Contract
Clauses
Part 2453 - Forms

Part 2401 – Federal Acquisition Regulation System
• Subpart 2401.1 – Purpose, Authority, Issuance
• FAR – procedures and policies for all executive agencies
• Each agency supplements it
• The numbering system conforms to the FAR
• All acquisition of personal property and non-personal services (including
construction) by HUD must be accomplished in accordance with the HUDAR
and the FAR
• Subpart 2401.3 – Agency Acquisition Regulations
• Implementation = expanding on FAR material
• Supplementation = no FAR counterpart
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Part 2401 – Federal Acquisition Regulation System (cont.)
• Subpart 2401.4 – Deviations
• The Senior Procurement Executive can approve deviations from the FAR or HUDAR
• 2401.471 – Requests for Deviation – Each request for deviation shall be submitted to
the Chief Procurement Officer in writing and include:
• Whether the deviation is individual or class, the requirement from which deviation
is sought, a full description of the deviation, reason the deviation is required,
whether the deviation has been previously requested, and the contractors and
contracts that would be affected
• Subpart 2401.6 – Career Development, Contracting Authority, & Responsibilities
• The Chief Procurement Officer is the Department's Senior Procurement Executive and
is responsible for all departmental procurement policy, regulations, and procedures,
and oversight of all HUD procurement operations
• Details the selection criteria for Contracting Officers
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Part 2402 – Definitions of Words and Terms
• Accounting Office = Office of Accounting Operations within the Office of the Chief
Financial Officer
• Chief Procurement Officer = HUD official with authority over all Department procurement
activities
• Contracting activity = Office of the Chief Procurement
• Head of the contracting activity (HCA) = Chief Procurement Officer
• Legal counsel = HUD's Office of General Counsel
• Primary Organization Heads = officials of the Department responsible for the major
organizational components of HUD and who report directly to the Secretary or Deputy
Secretary
• Includes: Assistant Secretaries and equivalent Departmental management (e.g.,
President, GNMA, Inspector General, General Counsel, Chief Procurement Officer,
etc.)
• Secretary = Secretary of the Department of Housing and Urban Development
• Senior Procurement Executive = Chief Procurement Officer
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Part 2403 – Improper Business Practices and Personal Conflicts of Interest
• Subpart 2403.1 – Safeguards
• HUD employees’ standard of conduct rules can be found at 5 C.F.R. parts 2635 and
7501
• Subpart 2403.2 – Contractor Gratuities to Government Personnel
• Suspected violations of the gratuities clause (FAR 52.203-3) shall be reported to the
Head of the Contracting Activity (HCA) in writing. Once the violation is reported, the
OIG will investigate and submit a report to the HCA. The HCA then determines if there
was a violation, and, if so, refers it to the Senior Procurement Executive, who will
process violations according to FAR 3.204.
• Subpart 2403.3 – Reports of Suspected Antitrust Violations
• 2403.303-70 – Any attempted to actual improper influence, misrepresentation of a
contingent fee arrangement, or other violation of the Covenant against Contingent
Fees will be reported to the HCA, which will review the facts and take action under
FAR 3.405(b) J S C H AU S & AS S O C – WAS H I N G TO N D C
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Part 2403 – Improper Business Practices and Personal Conflicts of Interest (cont.)
• Subpart 2403.5 – Other Improper Business Practices
• Contracting Officer shall report violation of the Anti-Kickback Act to the HCA via
procedures outlined in the HUD Handbook
• Subpart 2403.6 – Contracts with Government Employees or Organizations Owned or
Controlled by Them
• Senior Procurement Executive must approve exceptions to the restriction against
contracts with Government employees under FAR subpart 3.6 and the Contracting
Officer shall comply with FAR subpart 9.5 before awarding any such contract
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Part 2404 – Administrative Matters
• Subpart 2404.7 – Contractor Records Retention
• Contracting Officer will include the clause found at 2452.204-7 to all contracts and
solicitations that exceed the simplified acquisition threshold
• Subpart 2404.8 – Government Contract Files
• Unsuccessful cost and technical proposals will be kept in the contracting activity for
two months after the contract award as reference material for debriefings, and then the
contracting office will either keep one copy with the official contract file or send a copy
to the Federal Records Center
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Part 2405 – Publicizing Contract Actions
• Subpart 2405.2 – Synopses of Proposed Contract Actions
• 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
• Subpart 2405.5 – Paid Advertisements
• The Delegations or Redelegations of Authority allow paid advertisements in
newspapers, trade journals, and other media (if there are available funds)
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Part 2406 – Competition Requirements
• Subpart 2406.2 – Full and Open Competition After Exclusion of Sources
• 2406.202 – Establishing or maintaining alternative sources – The HCA will sign the
Determination and Finding
• Subpart 2406.3 – Other Than Full and Open Competition
• 2406.302-2 – Unusual & Compelling Urgency – For the purposes for FAR 6.302-2(d)(1)(iii), the
HCA is the agency head’s designee
• 2406.303 – Justifications – Justifications for this subpart must be prepare and approved via
HUD Form 24012
• 2406.304 – Approval of the Justification – The Deputy Chief Procurement Officer can approve
other justifications for proposed contracts between $13.5 million - $68 million
• The Senior Procurement Executive can approve other class justifications
• Subpart 2406.5 – Competition Advocates
• 2405.501 – Requirement – For the purposes of FAR 6.501, the Senior Procurement Executive
is the head of the agency & designates the Departmental competition advocate
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Part 2407 – Acquisition Planning
• Subpart 2407.1 – Acquisition Plans
• 2407.102 – Senior Procurement Executive is responsible for establishing and
maintaining internal procedures according to FAR subpart 7.1 criteria
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Part 2408 – Required Sources of Supplies & Services
• Subpart 2408.4 – Federal Supply Schedules
• 2408.404 – Pricing – Supplies offered on the schedule have fixed prices for either
hourly rates or performance of a specific task. The prices have been fixed by GSA.
• 2408.405-6 – Limiting Sources
• Justifications for limiting sources under the Federal Supply Schedules must be
prepared and approved using HUD Form 24013
• Justifications for limited source considerations for a proposed Federal Supply
Schedule order or Blanket Purchase Agreement can be approved by the Deputy
Chief Procurement Officer if the estimated value of the order or Agreement is
between $13.5 million - $68 million
• Subpart 2408.8 – Acquisition of Printing and Related Supplies
• 2408.802-70 – Contract Clause – If a publication or written material is the end-product
of a contract, the Contracting Office must include the Reproduction of Reports clause
in the contract J S C H AU S & AS S O C – WAS H I N G TO N D C
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Part 2409 – Contractor Qualifications
• Subpart 2409.1 – Responsible Prospective Contractors
• 2409.105 – The Contracting Officer will perform a financial review of the contractor
when the Officer does not have enough information to determine the contractor’s
financial responsibility, or prior to award of contract, or periodically after award of
contract
• The Contracting Officer will obtain a contractor’s financial information as far as is
necessary to establish the contractor’s financial capability to protect the
government’s interest, and any unwillingness to cooperate will be a material fact in
determining the contractor’s ability to complete the contract
• Subpart 2409.4 – Debarment, Suspension & Ineligibility
• 2409.405 – The SPE is the agency head's designee under FAR 9.405(d)(3)
• 2409.407-1 – The SPE is the agency head's designee under FAR 9.407-1(d)
• § 2409.470 – HUD's policies and procedures concerning debarment and suspension
are contained in 2 CFR part 2424 and apply to procurement contracts
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Part 2409 – Contractor Qualifications (cont.)
• Subpart 2409.5 – Organizational & Consultant Conflicts of Interest
• 2409.503 – The SPE is the agency head’s designee under FAR 9.503
• 2409.507-1 – In all solicitations over the simplified acquisition limitation when the
Contracting Officer believes an organizational conflict of interest may exist, the Officer
will insert a provision similar to the clause at 48 CFR 2452.209-70, and describe the
potential conflict
• 2409.507-2 – In solicitations and contracts for services above the simplified
acquisition threshold, whenever the Contracting Officer has reason to believe that the
nature of the proposed contract requirements may present an organizational conflict of
interest as defined at FAR subpart 9.5, the Officer will insert a clause similar to the
clause at 2452.209-71, and describe the potential conflict
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Part 2413 – Simplified Acquisition Procedures
• Subpart 2413.3 – Simplified Acquisition Methods
• HUD's procedures for use of the government-wide commercial purchase card can be
found in its Handbook on the Government-wide Commercial Credit Card Program
• Policies and procedures governing imprest funds are established in internal directives
issued by HUD's Office of the CFO
• The Senior Procurement Executive can approve transaction limits above that
established in FAR 13.305-3
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Part 2414 – Sealed Bidding
• Subpart 2414.4 – Opening of Bids and Award of Contracts
• 2414.404-1 – Invitations can be cancelled, and all bids can be rejected, before an
award but after the opening if the HCA determines in writing that cancellation is
appropriate under FAR 14.404-1
• 2414.407-4 – Mistakes after Award – For determination under FAR 14.407-4(b), the
HCA will get the approval of legal counsel before notifying the Contractor, and the
Contracting Officer will be notified of what action will be taken
• 2414.408-70 – If only 1 bid is received in response to an invitation, it can be
considered and accepted if the Contracting Officer determines, in writing, that:
• The specifications were clear and not too restrictive, adequate competition was
solicited and it was reasonable to assume more than one bid would be submitted,
the price was reasonable, and the bid was in line with the invitation
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Part 2415 – Contracting by Negotiation
• Subpart 2415.2 – Solicitation & Receipt of Proposals and Quotations
• 2415.203 – The contracting officer can limit the size of the technical and management
portions of offers submitted in response to a request for proposals
• 2415.209 – The contracting officer will insert a provision substantially the same as the
provision at 2452.215-70, Proposal Content, in all solicitations for negotiated
procurements expected to exceed the simplified acquisition limit
• 2415.209 – The contracting officer shall insert the provision at 2452.215-71, Relative
Importance of Technical Evaluation Factors to Cost or Price, in solicitations for
contracts to be awarded using the tradeoff selection process expected to exceed the
simplified acquisition limit
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Part 2415 – Contracting by Negotiation (cont.)
• Subpart 2415.3 – Source Selection
• 2415.303 – The Senior Procurement Executive designates Assistant Secretaries for
requiring activities as the Source Selection Authorities for selections made using the
tradeoff process
• The Senior Procurement Executive, designates HUD's Office of General Counsel
OGC as the Source Selection Authority, regardless of contract amount, in all
Headquarters procurements for legal services
• The technical evaluation requirements related to source selection shall be
performed by a TEP, which will fully document the evaluation of all proposals
• 2415.304 – The extent of participation of small businesses in performance of the
contract will be addressed in the source selection for contracts to be awarded by the
tradeoff source selection process (FAR 15.101-1) that require use of the clause at FAR
52.219-9, Small Business Subcontracting Plan
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• 2415.305 – After receiving proposals, the Contracting Officer will forward copies of the
technical portion of each to the TEP Chairperson, and, where tradeoffs are performed,
the TEP shall rate each proposal as either acceptable, unacceptable but capable of
being made acceptable, or unacceptable, based on the evaluation factors specified in
the solicitation
• 2415.308 – After receiving and evaluating final proposal revisions, the TEP will make
recommendations in a final written report, with enough information to support the
recommendations
• 2415.370 – The contracting officer will insert the provision at 2452.215-72, Evaluation
of Small Business Participation, in solicitations for contracts that require the use of the
FAR clause in 52.219-9, “Small Business Subcontracting Plan,” that will be awarded
using the tradeoff source selection process
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• Subpart 2415.5 – Pre-award, Award, and Post-award notifications, Protests, and Mistakes
• Protests against awards of negotiated procurements will be processed in accordance
with FAR subpart 33.1 and HUDAR subpart 2433.1
• Subpart 2415.6 – Source Selection
• 2415.605-70 – Each award made as the result of an unsolicited proposal for research
must contain a commitment to provide actual cost-sharing
• 2415.606 – Proposals for procurement contract with HUD should be submitted to the
Office of Policy Development & Research (if it is a research proposal) or the Office of
the Chief Procurement Officer (all non-research proposals)
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Part 2416 – Types of Contracts
• Subpart 2416.3 – Cost-Reimbursement Contracts
• 2416.307 – The contracting officer will insert the clause at 2452.216-79, Estimated
Cost (No Fee), in all cost-reimbursement (no fee) type solicitations and contracts and
will insert the clause at 2452.216-80, Estimated Cost and Fixed-Fee, in all cost-plus-
fixed fee type solicitations and contracts
• Subpart 2416.4 – Incentive Contracts
• 2416.406 – The Contracting Officer shall insert the following clauses:
• Clause at 2452.216-70, Estimated Cost, Base Fee and Award Fee, in all cost-plus-
award-fee solicitations and contracts
• Clause at 2452.216-71, Award Fee, in all fixed-price-award-fee solicitations and
contracts
• Clauses at 2452.216-72, Determination of Award Fee Earned, 2452.216-73,
Performance Evaluation Plan, and 2452.216-74, Distribution of Award Fee, in all
award-fee solicitations and contracts
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Part 2416 – Types of Contracts (Cont.)
• Subpart 2416.5 – Indefinite-Delivery Contracts
• 2416.505 – The contracting officer shall be the ordering official for all task order, but can designate an
ordering official if the orders are on a fixed-price basis and the specific prices are set forth in the contract
and there is no negotiation of order terms
• The contracting officer cannot designate an ordering official for contracts where the prices of services
are not tied to completion of the service, or where discounts need to be negotiated, or where
adjustment of price or other terms is necessary
• 2416.506-70 –
• In contracts where task orders are individually negotiated and when there may be a need to issue
unpriced task orders, the Contracting Officer shall insert the clause at 2452.216-75, Unpriced Task
Orders
• In all indefinite-quantity and requirements solicitations and contract, the contracting officer shall insert
a clause substantially the same as 2452.216-76, Minimum and Maximum Quantities or Amounts for
Order
• In all solicitations for requirements contracts, the Contracting Officer shall insert the clause at
2452.216-77, Estimated Quantities - Requirements Contract
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Part 2416 – Types of Contracts (Cont.)
• 2416.506-70 (cont.) –
• In all indefinite-delivery solicitations and contracts, the Contracting Officer shall
insert the clause at 2452.216-78, Ordering Procedures
• In all level-of-effort term contracts, the Contracting Officer shall insert clause
2452.216-81, Level of Effort and Fee Payment
• In all level-of-effort solicitations, the Contracting Officer shall insert provision
2452.216-82, Labor Categories, Requirements, and Estimated Level of Effort
• Subpart 2416.6 – Time-And-Materials, Labor-Hour, and Letter Contracts
• 2416.603-2 – The HCA will approve additional time periods for definitization of letter
contracts authorized by the Contracting Officer Pursuant to FAR 16.603-2(c)
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Part 2417 – Special Contracting Methods
• Subpart 2417.2 – Options
• 2417.204 – The SPE can approve contract periods that exceed the five-year limit established by FAR
17.204(e) as long as they are not barred by statute and the contract is not an information technology
contract
• The SPE will approve the contract period before the award of the basic contract
• For HUD indefinite-delivery contracts, the “contract period” refers to the ordering period of a contract
– the five-year limit does not apply to any task or delivery order that is issued within the ordering
period, even if the performance of the task or order causes the total period of the contract to exceed
five years
• The SPE cannot retroactively increase or extend the period of any existing contract
• The SPE is not required to approve any option properly exercised according to the FAR clause at
52.217-8, Option to Extend Services
• Subpart 2417.5 – Interagency Acquisitions Under the Economy Act
• 2417.504 – The Contracting Officer shall use HUD Form 730 when placing or modifying an
order for supplies or services from another government agency
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Part 2419 – Small Business Programs
• Subpart 2419.2 – Policies
• 2419.201 – The Director of HUD’s OSDBU administers the HUD small business
program and shall designate small business specialists who will advise and assist
HUD’s contracting activity related to small business participation by maintaining the
program, reviewing proposed requirements for supplies and services, advising
businesses, acting as a liaison, etc.
• Subpart 2419.7 – The Small Business Subcontracting Program
• 2419.708 – In solicitations and contracts where a subcontracting plan is required, the
contracting officer will insert clause at 2452.219-73, Incorporation of Subcontracting
Plan
• In solicitations for contracts expected to exceed the dollar thresholds specified in
FAR 19.702, the Contracting Officer will include the provisions at 2452.219-70,
Small Business Subcontracting Plan Compliance, and the clause at FAR 52.219-
9, Small Business Subcontracting Plan
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Part 2419 – Small Business Programs (cont.)
• Subpart 2419.8 – The Small Business Administration Section (8)(a) Program
• 2419.800 – The SPE can enter into 8(a) prime contracts and award the performance of those
contracts to eligible 8(a) Program applicants on either a sole-source or competitive basis
• This authority is delegated by the SBA via a Partnership Agreement, and can be withdrawn
at any time, but any withdrawal will not affect contracts already awarded
• 2419.803-70 – To make purchases that don’t exceed the simplified acquisition threshold from
8(a) Participants, contracting officers can use the FAR part 13 and HUDAR part 2413
procedures
• Once an 8(a) contractor has been identified, the contracting officer will establish the price
with them
• If the contract requires an award document, the contracting officer will prepare and issue
one directly to the 8(a) firm and forward a copy to the SBA District Office within 5 days
• 2419.804-2 – When applicable, the notification must identify that the offering is in accordance
with the Partnership Agreement
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• 2419.804-370 – Outlines procedure for acceptance of requirements covered by the
Partnership Agreement for acquisitions that exceed the simplified acquisition threshold
• 2419.805-2 – For agreements exceeding the simplified acquisition threshold that are
processed under the Partnership Agreement, the Contracting Officer will submit the
contact information for either the low bidder (sealed bid requirements) or the apparent
successful offeror (negotiated acquisitions) to the SBA, who will then determine the
eligibility of the firm and advise the Contracting Officer within 2 days from receipt
• 2419.806 – For contracts awarded under the Partnership Agreement, the Contracting
Officer shall obtain certified cost or pricing data directly from the 8(a) contractor
• 2419.808-1 – For sole source, if the acquisition is made under the Partnership
Agreement, the 8(a) contractor is responsible for negotiating with HUD within the
timeframe provided by the Contracting Officer and HUD has the authority to negotiate
directly with the 8(a) participant
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• 2419.811-1 – For sole source, if the award is being made under the Partnership Agreement, the
Contracting Officer will prepare the contract according to normal HUD procedures for non-8(a) contracts,
with some exceptions
• 2419.811-2 – For competitive, if the award is being made under the Partnership Agreement, competitive
contracts for 8(a) firms will be prepared in accordance with the same standards as above (for 8(a) sole
source)
• If the acquisition is conducted under the Partnership Agreement, the process for obtaining signatures
will be the same as the one in sole source (above)
• 2419.811-3 – For competitive 8(a) acquisitions, processed under the Partnership Agreement, the
Contracting Officer will insert the clauses at FAR 52.219-18 and 2452.219-71
• In contracts and purchase orders awarded under the Partnership Agreement, the Contracting Officer
will substitute the clause at 2452.219-72 for the clauses at FAR 52.219-11, FAR 52.219-12, and FAR
52.219-17
• 2419.812 – Awards under the Partnership Agreement are subject to 15 USC 637(a)(21), and these
contracts must contain the clause at 2452.219-71 (which requires the 8(a) contractor to notify the SBA and
the HUD Contracting Officer when ownership of firm is being transferred)
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Part 2422 – Application of Labor Laws to Government Acquisitions
• Subpart 2422.14 – Employment of the Handicapped
• 2422.1408 – In solicitations and contracts when the contract will require the contractor
(including contractor employees and subcontractors) to hold meetings, conferences or
seminars, the Contracting Officer will insert the clause at 2452.222-70, Accessibility of
Meetings, Conferences, and Seminars to Persons with Disabilities
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Part 2424 – Protection of Privacy and Freedom of Information
• Subpart 2424.1 – Protection of Individual Privacy
• 2424.103 – See 24 CFR part 16 for the HUD regulations which implement the Privacy
Act
• Subpart 2424.2 – Freedom of Information Act
• 2424.203 – See CFR part 15 for the HUD regulations which implement the Freedom
of Information Act
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Part 2425 – Trade Agreements Act
• Subpart 2425.402 – Policy
• HUD’s policy is to determine whether the Trade Agreements Act applies based on the
total estimated dollar value of the proposed acquisition, before the solicitation is
issued
• Including all line items and options
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Part 2427 – Patents, Data, and Copyrights
• Subpart 2427.3 – Patent Rights Under Government Contracts
• 2427.305-2 – Upon receiving HUD Form 770, contractors will complete and submit the
form to the Contracting Officer, who will then send the form to the contractors whose
work may have required the development of inventions upon physical completion of
the contract
• Subpart 2427.4 – Rights in Data and Copyrights
• 2427.470 – In all solicitations and contracts when the government will provide
information to the contractor, or when the contractor will obtain information on the
government’s behalf, the Contracting Officer will insert the clause 2452.227-70,
Government Information
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Part 2428 – Bonds and Insurance
• Subpart 2428.1 – Bonds
• 2428.106-6 – The Contracting Officer will give the certified copy of a bond, and the
contract for which the bond as given, to anyone who requests them under FAR
28.106-6
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Part 2429 – Taxes
• Subpart 2429.1 – General
• The OGC handles any tax aspects of contracting
• If a problem arises, the Contracting Officer will make a written request asking legal
counsel for assistance
• Counsel will notify the Contracting Officer of the necessary outcome, and the
Contracting Officer will notify the contractor of the outcome
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Part 2432 – Contract Financing
• 2432.006 – Reduction or Suspension of Contract Payments Upon Finding Fraud
• 2432.006-1 – The SPE is the agency head for the purposes of FAR 32.006-1, but can delegate
the duties to personnel in the Office of the Chief Procurement Officer at or above the Level IV of
the Executive Service
• 2432.006-2 – “Remedy coordination official” means the SPE
• 2432.006-3 – HUD personnel shall report immediately in writing when a contractor's request for
payment is suspected to be fraudulent
• The report should be made to the Contracting Officer and the SPE and should describe the
conditions that indicate fraud
• The SPE will consult with, and refer cases to, the Office of the Inspector General for
investigation, and the Office of the Inspector General will provide a report to the SPE
• 2432.006-4 Procedures – The SPE is the agency head for the purposes of FAR 32.006-4
• 2432.007 – The SPE is the agency head for the purposes of FAR 32.007(a)
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Part 2432 – Contract Financing (cont.)
• Subpart 2432.1 – Non-Commercial Item Purchase Financing
• 2432.114 – The SPE is the agency head for the purpose of FAR 32.114
• Subpart 2432.2 – Commercial Item Purchase Financing
• 2432.201 – The head of the contracting activity is the agency head for the purpose of
FAR 32.201
• Subpart 2432.4 – Advance Payments for Non-Commercial Items
• 2432.402 – The determination and findings required by FAR 32.402(c)(1)(iii) shall be
made by the HCA and each advance payment situation shall be coordinated with the
head of the cognizant accounting office before authorization can be given
• 2432.407 – The SPE is the agency head’s designee for the purposes of FAR
32.407(d)
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• Subpart 2432.7 – Contract Funding
• 2432.7 – A fixed-price contract can only be funded incrementally if sufficient funds are not available at time
of contracting and the contract (not including options) is for severable services, under a year long, and is
incrementally funded using funds available as of the date the funds are obligated
• An incrementally funded fixed-price contract must be fully funded as soon as funds become available
• 2432.703-3 – The Contracting Officer can enter into a contract, exercise an option, or place an order under
a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year
if the period of the contract awarded, option exercised, or order placed does not exceed one year
• 2432.704-70 – Upon receiving the contractor's notice under the clause at 2452.232-72, Limitation of
Government's Obligation, the contracting officer will provide written notice to the contractor that the
Government is either
• Allotting additional funds for continued performance and increasing the Government's limitation of
obligation in a specified amount;
• Terminating the affected contract line items (CLINs) or contract
• Or considering whether to allot additional funds
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• 2432.705 – The Contracting Officer will insert the clause at 2452.232-72, “Limitation of
Government's Obligation,” in incrementally funded fixed-price solicitations and
contracts
• The Contracting Officer will insert the clause at 2452.232-74, “Not To Exceed
Limitation” in all solicitations and contracts where the total estimated funds needed
for the performance period are not yet obligated.
• Subpart 2432.9 – Prompt Payment
• 2432.903 – The SPE is the agency head's designee for the purposes of FAR 32.903(a)
• 2432.906 – The HCA has the authority to make the determination prescribed in FAR
32.906(a), but before doing so the HCA will consult with the appropriate payment office
to make sure timely payment will be possible
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• 2432.908 –
• The contracting officer will insert the clause at 2452.232-73, Constructive Acceptance
Period, in solicitations and contracts where an acceptance period longer than 7 days is
needed
• The contracting officer will insert a clause substantially the same as provided at 2452.232-
70, Payment Schedule and Invoice Submission (Fixed-price), in fixed-price contracts under
which performance-based payments will be used (other than performance-based contracts)
• The contracting officer will insert a clause substantially the same as provided at 2452.232-
71, Voucher Submission, in all cost-reimbursement, time-and-materials, and labor-hour type
solicitations and contracts
• The Contracting Officer can substitute appropriate language for the clauses in paragraph
(c)(2) and (3) of this clause when payment under the contract will be made based on criteria
other than the submission of an invoice or voucher
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Part 2433 – Protests, Disputes, and Appeals
• Subpart 2433.1 – Protests
• 2433.102-70 – The OGC has responsibility for handling matters relating to protests
against award of contracts by HUD, and the Contracting Officer has responsibility for
furnishing the OGC with all information relating to a protest
• 2433.103 – Protestors can request an appeal of the Contracting Officer’s decision on a
protest, in writing to the HCA within 10 days
• 2433.104 – When advised by GAO of the receipt of a protest, the OGC will
immediately inform the contracting activity, and the Contracting Officer will immediately
notify the OGC upon receipt of protest
• 2433.106 – In all solicitations for contracts expected to exceed the simplified
acquisition threshold, the Contracting Officer will insert the provision at 2452.233-70
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Part 2434 – Major Systems Acquisitions
• 2434.003 – The SPE is responsible for establishing written procedures for implementing
A-109, and these procedures can be found in internal Departmental directives
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Part 2436 – Construction and Architect-Engineer Contracts
• Subpart 2436.6 – Architect-Engineer Services
• 2436.602-2 – Every architect-engineer evaluation board will have 3 voting members who are Federal
employees, and one member of each board will be appointed chairperson
• Non-voting advisors can also be appointed
• Board members will sit for two years
• Appointments will be made by the Assistant Secretary at the headquarters level, and by the program
office heard for the field level
• All board members ARE PRESUMED TO BE FAMILIAR WITH 24 cfr PART 0 STANDARDS OF
CONDUCT (REGARDING CONFLICTS OF INTEREST)
• The evaluation board is to be insulated from outside pressres and their deliberations should remain
confidential
• 2436.602-4 – The Primary Organization Head in either headquarters or a field program office will make
the final selection decision
• 2436.602-5 – The selection process described in FAR 36.602-5(a) is authorized for use on contracts that
are not expected to exceed the simplified acquisition threshold
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Part 2437 – Service Contracting
• Subpart 2437.1 – Service Contracts – General
• The Contracting Officer shall insert the clause at 2452.237-70 in solicitations and
contracts when it is necessary for contract performance to identify Contractor Key
personnel
• The Contracting Officer shall insert the clause at 2452.237-73 in all solicitations and
contracts for services
• The contracting officer shall insert the clause at 2452.237-75 in all solicitations and
contracts when contractor employees, including subcontractors and consultants, will be
required to regularly work in or have access to any HUD facilities
contracts where contractor personnel will be working on-site in any HUD office
contracts for services when the contractor will be required to attend a post-award
orientation conference
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Part 2437 – Service Contracting (cont.)
• Subpart 2437.1 – Service Contracts – General (cont.)
• The Contracting Officer shall insert the clause at 2452.237-81 in all indefinite quantity
and requirements solicitations and contracts when level of effort task orders will be
issued.
• The Contracting Officer shall insert provision 2452.237-82 in Section L of solicitations
when controlled unclassified information (CUI), as defined in the provision, will be
provided to potential offerors for the purpose of preparing offers
• The Contracting Officer shall insert clause 2452.237-83 in Section H of solicitations and
contracts under which contractor and/or subcontractor employees will be granted
access to controlled unclassified information (CUI) as defined in the clause
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Part 2437 – Service Contracting (cont.)
• Subpart 2437.2 – Advisory and Assistance Services
• 2437.204 – The SPE is the agency head for the purpose of FAR 37.204
• 2439.107 – In solicitations and contracts where the contract will require contractor
employees (including subcontractors and consultants) to have access to any HUD
information systems, the Contracting Officer will insert the clause at 2452.239-70
• In solicitations and contracts where the contractor will provide information
technology hardware, software, or data products, the Contracting Officer will insert
the clause at 48 CFR 2452.239-71
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Part 2442 – Contract Administration and Audit Services
• Subpart 2442.3 – Contract Administration Office Functions
• 2442.302-70 – In solicitations and contracts when the contractor will be required to attend a post-award
orientation conference, the Contracting Officer will include clause 2452.242-72
• Subpart 2442.7 – Indirect Cost Rates
• 2442.705-70 – In cost-reimbursement type solicitations and contracts, when it is determined that the
contractor will be compensated for negotiated or provisional indirect cost rates pending establishment of
final indirect cost rates, the Contracting Officer will insert the clause at 2452.242-70
• Subpart 2442.11 – Production Surveillance and Reporting
• 2422.1107 –In all solicitations and contracts where the contract exceeds $1 million (including options) and
it is a completion type that requires an end deliverable or solution, the Contracting Officer will insert a
clause substantially the same at the clause at 2452.242-71
• Subpart 2442.15 – Contractor Performance Information
• 2442.1502 – The Chief Procurement Officer will establish past performance evaluation procedures and
systems under FAR 42.1502 and 42.1503
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Part 2444 – Subcontracting Policies and Procedures
• Subpart 2444.2 – Contract Clauses
• in contracts and task orders with an estimated value exceeding $10,000,000 should
include HUDAR clause 2452.244-70, Consent to Subcontract
2 0 2 - 3 6 5 - 0 5 9 8

Part 2446 – Quality Assurance
• Subpart 2446.5 – Acceptance
• 2446.502-70 – The contracting officer can include a clause at 2452.246-70 in all
• Subpart 2446.7 – Warranties
• 2446.710 – The Contracting Officer can include a clause substantially the same as
FAR 52.246-19 whenever it is in the government’s interest to do so
2 0 2 - 3 6 5 - 0 5 9 8

Part 2448 – Value Engineering
• 2448.102 –The HCA can exempt contracts from including value engineering procedures
and processes on a case-by-case basis, and the SPE can exempt contracts on a class
basis
• The SPE manages HUD’s value engineering efforts
• 2448.103 – When a Contracting Officer receives a Value Engineering Change Proposal,
the Officer will send it to the program office responsible for the contract
• 2448.104-3 – The authority of the HCA to determine that the cost of calculating and
tracking collateral savings will exceed the benefits to be derived under 48 CFR 48.104-
3(a) is delegated to the Contracting Officer
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Part 2449 – Termination of Contracts
• Subpart 2449.1 – General Principles
• 2449.111 – HCA will create internal procedures for the independent review of
proposed termination settlements that are in excess of $100,000
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Part 2451 – Use of Government Sources by Contractors
• Subpart 2451.70 – Contractor Use of Government Discount Travel Rates
• 2451.7001 – In cost-reimbursement solicitations and contracts involving contractor
travel, the Contracting Officer shall insert the clause at 48 CFR 2452.251-70
2 0 2 - 3 6 5 - 0 5 9 8

Part 2452 – Solicitation Provisions and Contract Clauses
• Contains all the clauses mentioned throughout the HUDAR that should be inserted into
• Example:
• “In accordance with Federal Acquisition Regulation 3.601, contracts are not to be
awarded to Federal employees or a business concern or other organization owned or
substantially owned or controlled by one or more Federal employees. For the
purposes of this contract, this prohibition against the use of Federal employees
includes any work performed by the Contractor or any of its employees,
subcontractors, or consultants”.
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Part 2453 - Forms
• Subpart 2453.2 – Prescription of Forms
• 2453.217-70 – As stated in 2417.504(b), Form HUD-730 will be used by Contracting
Officers when placing or modifying an order for supplies or services from another
government agency
• 2453.227-70 – As stated in 242.305-2, Form HUD-770 will be completed by the
contractor and submitted to the Contracting Officer upon completion of the contract, if
the Contracting Officer requests it
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SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR DEPARTMENT SUPPLEMENT – HUDAR – HOUSING AND URBAN DEVELOPMENT
THANK YOU TO OUR SPEAKER
Diana McGraw
Fox Rothschild LLC
dmcgraw@foxrothschild.com
(202) 794 - 1208
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THANK YOU FOR ATTENDING!
FAR SUPPLEMENTS
FEDERAL ACQUISITION
REGULATIONS
-------------------
PLEA SE FIN D TH E R EC OR D IN G
ON OU R W EB SITE A N D YOU TU B E C H A N N EL.
PPTS A R E ON SLID ESH A R E.N ET
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