Unless otherwise provided in this Chapter, the Administrator
or Developer must comply with the requirements described in paragraphs
(1) - (21) of this section, for the administration and use of HOME
funds:
(1) Complete training, as applicable.
(2) Provide all applicable Department Housing Contract
System access request information and documentation requirements.
(3) Establish and maintain sufficient records at its
regular place of business and make available for examination by the
Department, HUD, the U.S. General Accounting Office, the U.S. Comptroller,
the State Auditor's Office of Texas, the Comptroller of Public Accounts,
or any of their duly authorized representatives, throughout the applicable
record retention period.
(4) For non-Single Family Development Contracts, develop
and establish written procurement procedures that comply with federal,
state, and local procurement requirements including:
(A) Develop and comply with written procurement selection
criteria and committees, including appointment of a procurement officer
to manage any bid process;
(B) Develop and comply with a written code of conduct
governing employees, officers, or agents engaged in administering
HOME funds;
(C) Ensure consultant or any procured service provider
does not participate in or direct the process of procurement for services.
A consultant cannot assist in their own procurement before or after
an award is made;
(D) Ensure that procedures established for procurement
of building construction contractors do not include requirements for
the provision of general liability insurance coverage in an amount
to exceed the value of the contract and do not give preference for
contractors in specific geographic locations;
(E) Ensure that building construction contractors are
procured in accordance with State and Federal regulations for single
family HOME Activities;
(F) Ensure that professional service providers (consultants)
are procured using an open competitive procedure and are not procured
based solely on the lowest priced bid; and
(G) Ensure that any Request for Proposals or Invitation
for Bid include:
(i) an equal opportunity disclosure and a notice that
bidders are subject to search for listing on the Excluded Parties
List;
(ii) bidders' protest rights and an outline of the
procedures bidders must take to address procurement related disputes;
(iii) a conflict of interest disclosure;
(iv) a clear and accurate description of the technical
requirements for the material, product, or service to be procured.
The description must include complete, adequate, and realistic specifications;
(v) for sealed bid procedures, disclose the date, time
and location for public opening of bids and indicate a fixed-price
contract;
(vi) must not have a term of services greater than
five years; and
(vii) for competitive proposals, disclose the specific
election/evaluation criteria.
(5) In instances where a potential conflict of interest
exists, follow procedures to submit required documentation to the
Department sufficient to submit an exception request to HUD for any
conflicts prohibited by 24 CFR §92.356. The request submitted
to the Department must include a disclosure of the nature of the conflict,
accompanied by an assurance that there has been public disclosure
of the conflict by newspaper publication, a description of how the
public disclosure was made, and an attorney's opinion that the conflict
does not violate state or local law. No HOME funds will be committed
to or reserved to assist a Household impacted by the conflict of interest
regulations until HUD has granted an exception to the conflict of
interest provisions.
(6) Perform environmental clearance procedures, as
required, before acquiring any Property or before performing any construction
activities, including demolition, or before the occurrence of the
loan closing, if applicable.
(7) Develop and comply with written Applicant intake
and selection criteria for program eligibility that promote and comply
with Fair Housing requirements and the State's One Year Action Plan.
(8) Complete Applicant intake and Applicant selection.
Notify each Applicant Household in writing of either acceptance or
denial of HOME assistance within 60 days following receipt of the
intake application.
(9) Determine the income eligibility of a Household
using the "Annual Income" as defined at 24 CFR §5.609, by using
the list of income included in HUD Handbook 4350.3 (or most recent
version), and excluding from income those items listed in HUD's Updated
List of Federally Mandated Exclusions from Income.
(10) Complete an updated income eligibility determination
of a Household if the date of certification is more than six months
prior to the Date of Assistance.
(11) For single family Activities involving construction,
perform initial inspection in accordance with Chapter 20 of this Title
(relating to Single Family Programs Umbrella Rule). Property inspections
must include photographs of the front, back, and side elevations of
the housing unit and at least one picture of each of the kitchen,
family room, each bedroom and each bathrooms. The inspection must
be signed and dated by the inspector and the Administrator. The photographs
submitted with the initial inspection should evidence the deficiencies
noted on the initial inspection and must clearly show the entire property,
including other buildings located on the property,.
(12) Submit a substantially complete request for the
Commitment or Reservation of Funds, loan closing preparation, and
for disbursements. Administrators must upload all required information
and verification documentation in the Housing Contract System. Requests
determined to be substantially incomplete will not be reviewed and
may be disapproved by the Department. Expenses for which reimbursement
is requested must be documented as incurred. If the Department identifies
administrative deficiencies during review, the Department will allow
a cure period of 14 calendar days beginning at the start of the first
day following the date the Administrator or Developer is notified
of the deficiency. If any administrative deficiencies remain after
the cure period, the Department, in its sole discretion, may disapprove
the request. Disapproved requests will not be considered sufficient
to meet the performance benchmark and shall not constitute a Reservation
of Funds.
(13) Submit signed program documents timely as may
be required for the completion of a Commitment or Reservation of Funds,
and for closing preparation of the loan or grant documents. Department
reserves the right to cancel or terminate Activities when program
documents are not executed timely, in the Department's sole and reasonable
discretion.
(14) Not proceed or allow a contractor to proceed with
construction, including demolition, on any Activity or development
without first completing the required environmental clearance procedures,
preconstruction conference and receiving notice to proceed, if applicable,
and execution of grant agreement or loan closing with the Department,
whichever is applicable.
(15) Submit any Program Income received by the Administrator
or Developer to the Department within 14 days of receipt; any fund
remittance to the Department, including refunds, must include a written
explanation of the return of funds, the Contract number, name of Administrator
or Developer, Activity address and Activity number, and must be sent
to the Department's accounting division.
(16) Submit required documentation for project completion
reports no later than 60 days after the completion of the Activity,
unless this term is extended though amendment.
(17) For Contract awards, submit certificate of Contract
Completion within 14 days of the Department's request.
(18) Submit to the Department reports or information
regarding the operations related to HOME funds provided by the Department.
(19) Submit evidence with the final draw for construction
related activities that the builder has provided a one-year warranty
specifying at a minimum that materials and equipment used by the contractor
will be new and of good quality unless otherwise required, the work
will be free from defects other than those inherent in the work as
specified, and the work will conform to the requirements of the contract
documents.
(20) Provide the Household all warranty information
for work performed by the builder and any materials purchased for
which a manufacturer or installer's warranty is included in the price.
(21) If required by state or federal law, place the
appropriate bonding requirement in any contract or subcontract entered
into by the Administrator or Developer in connection with a HOME award
may result in termination of the RSP Agreement.
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