I 
117TH CONGRESS 
1ST SESSION H. R. 4901 
To authorize public housing agencies to utilize certain contractual arrange-
ments in undertaking development projects involving public housing, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2021 
Mr. TORRES of New York introduced the following bill; which was referred 
to the Committee on Financial Services 
A BILL 
To authorize public housing agencies to utilize certain con-
tractual 
arrangements 
in 
undertaking 
development 
projects involving public housing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Housing Pro-
curement Improvement Act of 2021’’. 
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SEC. 2. PUBLIC HOUSING AGENCY PROJECT DELIVERY SYS-
TEM AUTHORITY. 
(a) IN GENERAL.—Section 5 of the United States 
Housing Act of 1937 (42 U.S.C. 1437c) is amended by 
adding at the end the following new subsection: 
‘‘(j) PROJECT DELIVERY SYSTEM AUTHORITY.— 
Notwithstanding any other provision of Federal, State, or 
local law, but not including requirements or standards of 
conduct covering conflicts of interest and governing the 
actions of public housing agency employees engaged in the 
selection, award, and administration of contracts and lim-
iting noncompetitive contracts, the Secretary shall provide 
that, in undertaking any federally funded low-income 
housing project involving the development of dwelling 
units owned, operated, or maintained by a public housing 
agency, the public housing agency may utilize any of the 
following contractual arrangements: 
‘‘(1) DESIGN-BUILD.—Use of an engineering or 
construction firm, or team of firms, having the capa-
bility of performing all the engineering, design, pro-
curement, and development by itself to execute the 
total scope of the project. 
‘‘(2) CONSTRUCTION MANAGEMENT.—Use of a 
construction manager who is an independent con-
tractor of the public housing agency, but not its 
agent, and has responsibility for providing analysis 
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and advisory services related to value engineering, 
constructability, pricing and project risks during the 
design phase of the project, and complete responsi-
bility for supervision, coordination, and administra-
tion of the construction phase of the project, includ-
ing the responsibility for performing and procuring 
construction work. 
‘‘(3) BEST
VALUE.—Use of a selection and 
evaluation process under which the public housing 
agency, or a panel selected by the agency, considers 
qualitative factors, including design solution, man-
agement, and schedule, and price, on some formula 
basis. 
‘‘(4) PREQUALIFICATION.—Use of a selection 
and evaluation process under which the public hous-
ing agency, or a panel selected by the agency, that 
prequalifies proposers based on qualitative factors, 
including qualifications and experience, and subse-
quently allows only prequalified proposers to partici-
pate and bid in a best value selection and evaluation 
process. 
‘‘(5) GUARANTEED MAXIMUM PRICE.—Use of a 
reasonable contract pricing structure with safe har-
bors under which the total price for construction- 
phase work under a design-build or construction 
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