PBCA Rebid Update
REBID NEWS & UPDATES
Under the amended PB-ACC, effective October 1, 2011, the performance of following IBPS tasks have been suspended:
- Management & Occupancy Reviews
- Document Section 8 Owner Civil Rights Compliance
- Monitoring Physical Inspection Results
Please note that your local HUD office is currently responsible for these activities and may conduct these tasks during the extension period.
August 28, 2013 - HUD issued the following PBCA NOFA update:
"On August 27, 2013, the United States Court of Appeals granted the Plaintiff-Appellants’ motion for a stay pending appeal. Thus, HUD may not execute the new ACCs until the case is resolved. Further, no transition activities should occur until further notice. Any additional information will be provided as soon as it is available."
August 6, 2013 - HUD selected the Michigan State Housing Development Authority (MSHDA) to serve as the Performance Based Contract Administrator for the State of Michigan.The full results of the Performance Based Contract Administration (PBCA) Notice of Funding Availability (NOFA) can be found here. Note: HUD's attempt to award new Annual Contributions Contracts (ACCs) for the PBCA program is still in litigation. While HUD cannot predict the impact of this litigation, it still intends to execute ACCs with all of the awardees with a contract effective date of January 1, 2014.
July 31, 2013 - HUD issued the following PBCA NOFA update:
"The announcement of the results of the Performance Based Contract Administration (PBCA) Notice of Funding Availability (NOFA) scheduled for August 1, 2013 will be delayed due to HUD's furlough closure on August 2, 2013. The results will be announced on August 6, 2013 to enure the availability of HUD staff to respond to applicant inquiries."
June 3, 2013 - HUD issued the following PBCA NOFA update:
"Unless we are prohibited from doing so by the United States Court of Appeals for the Federal Circuit, HUD intends to announce the selection of PBCAs pursuant to the NOFA on August 1, 2013."
April 22, 2013 - HUD extended MSHDA's PB-ACC through December 31, 2013.
April 19, 2013 - The U.S. Court of Federal Claims ruled in favor of the government, validating HUD's method of awarding contracts through a Notice of Funding Availability (NOFA). The Court found that these contracts are cooperative agreements and therefore, the manner in which HUD awarded these contracts is proper.
March 27, 2013 - HUD informed TRACS industry participants that the Department was awaiting the court's decision as to whether the PBCA awards can be issued under a NOFA or procurement. If the court decides that HUD can issue the PBCA awards under the 2012 NOFA, HUD will announce the awards and the transition period will be from October 1 - December 31, 2013. The new PB-ACC effective start date will be January 1, 2014. If HUD must issue the PBCA awards under a procurement process, HUD anticipates that it will be a 12-18 month process and all existing PB-ACCs will be extended.
February 20, 2013 - HUD issued the following PBCA NOFA update:
"Although the court had originally indicated that it would provide a verbal ruling at yesterday's hearing (February 19), due to the complexity of the program and issues involved, the court requested more time to consider the arguments. Because the current PBCA contracts have been extended through June, the court stated that it would make a decision before the end of June. The court has also reserved the right to call parties back for supplemental briefings, though it did not set a definite schedule".
December 13, 2012 - Litigation was filed in the Court of Federal Claims seeking to direct HUD from proceeding with the PBCA NOFA. HUD agreed not to proceed with making the awards until the Court ruled on the matter. A decision was expected to be reached by or before February 22, 2013.
December 3, 2012 - HUD announced its decision to move forward with the 2012 PBCA NOFA and announce awards on December 14, 2012.
November 20, 2012 - HUD elected to extend MSHDA's PB-ACC from January 1, 2013 to March 31, 2013.
October 23, 2012 - HUD issued the following statement:
"Pursuant to its statutory obligations, on Friday, October 19, HUD responded to the GAO's recommendations of August 15, 2012, relating the PBCA. We informed the GAO that we are continuing to assess the legal and operational issues raised by its recommendations. We will inform the public as soon as further determinations are made."
August 31, 2012 - HUD provided the following PBCA NOFA update:
"On August 15, 2012, the Government Accountability Office (GAO) sustained the protests filed against HUD under the PBCA NOFA. Although HUD had planned on announcing awards on August 31, in light of GAO's decision, we are not prepared to make announcements at this time. HUD is in the process of reviewing GAO's recommendations and assessing possible next steps. We will provide further information when it becomes available."Although HUD did not say how it will proceed, it elected to extend MSHDA's PB-ACC through December 31, 2012.
August 15, 2012 - Protests to HUD's use of a NOFA to obtain proposals for the PBCA contracts were filed with the GAO on the grounds that HUD must use a federal procurement method instead.
The GAO issued its decision upholding the protests. The GAO decision recommended that HUD cancel the NOFA and solicit the PBCA contracts through a procurement method.
May 18, 2012 - HUD elected to extend MSHDA's PB-ACC from July 1, 2012 to September 30, 2012.
March 9, 2012 - HUD issued a Notice of Funding Availability to solicit applications for the PBCA contracts. MSHDA, with MMAM and EPS, Inc. as its subcontractors, submitted its application to continue as the PBCA in Michigan on June 11, 2012. HUD stated that it would make awards on or before August 31, 2012.
February 21, 2012 - HUD extended MSHDA's PB-ACC from April 1, 2012 through June 30, 2012.
August 26, 2011 - Due to the large number of protests filed with the GAO, HUD withdrew the competition for the PBCA contract in the 43 protested jurisdictions. HUD stated the competition would be reissued through a Notification of Funding Availability (NOFA) at a future date and offered incumbent PBCAs the opportunity to continue as contract administrators under an amended ACC. The amended PB-ACC will require the PBCA to perform fewer tasks at a reduced rate for a six month term beginning October 1, 2011. MSHDA will continue as the PBCA in Michigan under the amended ACC from October 1, 2011 to March 31, 2012.
During the amended contract term MSHDA will not perform the following IBPS tasks:
- Management & Occupancy Reviews (MORs)
- FHEO Reports
- REAC Inspection Notifications
During the extension period, the local HUD office is responsible for these activities and may perform these tasks.
July 1, 2011 - HUD announced the results of the Invitation for Submission of Applications: Contract Administrators for Project-Based Section 8 Housing Assistance Payments Contracts. The Michigan Performance Based Contract Administration (PBCA) contract was awarded to Quality Affordable Housing Services Corporation. MSHDA filed a protest of the rebid outcome with the U.S. Government Accountability Office (GAO). A number of states also filed protests.
February 28, 2011 - The Department of Housing and Urban Development (HUD), Office of Housing Assistance Contract Administration Oversight (HACAO) posted their Invitation for Submission of Applications: Contract Administrators for Project-Based Section 8 Housing Assistance Payments (HAP) Contracts for each of the 50 United States, the District of Columbia, the United States Virgin Islands, and the Commonwealth of Puerto Rico. The posting period closed April 28, 2011. HUD stated awards would be announced in July 2011. MSHDA, with MMAM and EPS, Inc. as its subcontractors, submitted a bid to continue as PBCA for the state of Michigan.