Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.28 - General Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
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.