Weston, FL, April 22, 2015 – On Monday, April 20, the United States Supreme Court denied the petition to hear HUD’s appeal in the case of United States v. CMS Contract Management Services (docket 14-781 ), this case relates to HUD awarding the contracts for PBCA services under a NOFA as cooperative agreements. HUD petitioned the Court to review the lower court decision questioning whether HUD is required to use procurement contracts rather than cooperative agreements as the legal instrument for providing federal funding for the Section 8 program to the states and PHAs.
The outcome of this denied petition, in essence, is that HUD may not use cooperative agreements and must now start over and bid for PBCA services as procurements under federal procurement rules. It is likely that the result will be a set of tasks and responsibilities for the PBCAs that will differ in some respects from both the original ACC tasks and the tasks as outlined under the recent NOFA. HUD has indicated that, if it lost its appeal, it would take approximately 18 to 24 months to draft new bid documents, execute the procurement and get the winners up and running.
HDS understands that the agencies will be preparing a response, as we have done in the past for our clients, we will be working with you on obtaining any statistics, information, and collaborating on assisting you with any questions you might have as you prepare your response. Because this procurement will reward both technical excellence and cost of a proposal, we intend to use this time between now and when the future winners of the procurement are up and running to continue to increase the efficiency of our Section 8 processes. In the near future HDS will be reaching out to gain your participation and feedback with Contract Administration efficiencies, if we can help in any way or if you have any software questions in preparing your response please contact [email protected]
HDS wishes all applicant agencies good luck on the PBCA awards.
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