Procurement & Bid Package Information
Learn about Wisconsin Association of Housing Authorities
All Public Housing Administration (PHA) purchases must be made within the rules and scope of the PHA policies. Be sure the specific PHA policies are clearly written and followed on every case. If you are in doubt contact the HUD office and also be sure to follow the PHA legal counsel advice. HUD revised and reprinted the “Procurement Handbook for Public Housing Agencies” 7460.8 Revision 2, effective 2 March 2007 and has made it available on line at HUDCLIPS . Be sure you refer to this valuable resource for your Procurement and Contracting questions.
A special case is when procuring the services of an Architect or Engineer. This process is one using Request for Proposals (RFP) and the selection is made solely on the basis of qualifications, not on price.
HUD requires specific procedures to be followed when Federal money is used to purchase material, supplies or services. Also, when the dollar amount is less than $2,000, the PHA does not need to follow the Department of Labor “Davis-Bacon” Wage Rates.
SMALL PURCHASE PROCEDURES – When the amount is less than $25,000, also called “small purchase procedures” see 24 CFR Part 85.36,but in brief, the PHA only needs to follow a limited procurement process involving bid fairness and propriety. Usually if the PHA gets at least three prices and documents these with a letter in the procurement file, the choice of the best price product can be made easily.
FORMAL SOLICITATIONS – Wisconsin State law allows procurement up to $25,000 to be handled by the previous section as Small Purchases and 24 CFR 85.36 contains language where under certain circumstances, this limit can be extended to $100,000, but be careful you know the situation and it is best to contact the HUD Field Office on this if you are not exactly sure about the regulations. For these larger procurement actions the PHA should follow the regulations in 24 CFR 85.36 completely. This includes sealed bidding, public bid announcement, bid selection by defined methods and award to the lowest responsive bidder unless justified by pre-defined performance criteria. The sealed bid process can also be appled to Small Purchase Procedures, so if you are uncertain whether your intended action is above the limit it is usually best to use the sealed bid process.
Whatever action you take be sure to use full written documentation for every step. Any verbal instructions should always be followed up with a letter to confirm the discussion.
Please use the following list when preparing a full bid package for procurement by the sealed bid method:
1. Cover sheet identifying the following: Name of PHA, Project Number, Work Item Number(s), and General Scope of work.  7460.8 Rev 2 Paragraph 6.5 (A)(1)
2. Invitation For Bids, including date, time, and place.  7460.8 Appendix 4 or Equivalent.
3. Form HUD-5369 , “Instructions to Bidders.” 10/2002 version.  7460.8 P 6.5 (A)(4)
4. Form HUD-5369-A  “Representations, Certifications, and Other Statements of Bidders.” 11/1992 version.  7460.8 P 6.5 (A)(5)
5. Form HUD 5369-C  “Certification and Representations of Offerors, Non-Construction Contracts.” 8/1993 version. Supercedes 5369A for Non-Construction Contracts only.
6. Form HUD-5370,  “General Conditions.” 5/2006 version.  7460.8 P 6.5 (A)(6) or Form HUD-5370-EZ, 11/2006 version ($100k or less).
7. Specifications and drawings.
8. Bid Form  7460.8 P 6.5 (A)(2)
9. Bid Guarantee.  24 CFR Part 85.36 (h)(1) and  7460.8 Bid Bond Form or Equivalent.
10. Non collusive Affidavit.  24 CFR Part 85.36 (h)(4) and  7460.8 Non Collusive Form or Equivalent.
11. Construction Contract Form. AIA Document A-101 or Equivalent
12. Performance and Payment Bond. (AKA “Assurance of Completion”)  24 CFR Part 85.36 (h)(2) & (h)(3) and  7460.8 P 6.11 (B)(2)( & (3) Performance Bond Form or Equivalent.
13. Wage Rates (DOL) (HUD).  24 CFR Part 85.36 (h)(5) and  7460.8 P 10.9
14. Equal Employment Opportunity data. (Contracts over $10,000.)  24 CFR Part 85.36 (h)(3). Compliance with Executive Order 11246. and  7460.8 P 1.3
15. Architect/Engineer’s Certificate. HUD-51915  or Equivalent (A&E Contracts Only also see PIH Notice 95-51)
16. Contract/Subcontract award notification form.  7460.8 Appendix 6 & Notice to Proceed Appendix 13 or Equivalent Forms.
17. Section 3 Language/Advertisement for Bids & Specifications.  24 CFR Part 135, also Federal Register 30 Jun 94
Primary Sources: (Also as noted)
 7460.8 Rev 2 “Procurement Handbook for Public Housing Agencies”
 HUDCLIPS Library Website
 24 CFR Part 85.36 & Part 135
The following Optional forms are also provided for Contracting Use:
HUD Point of Contact:
Larry Wood, Public Housing General Engineer
U.S. Dept. of HUD
310 W. Wisconsin Ave. Suite 1380
Milwaukee WI 53203-2289