Bill Summary
The Public Housing Procurement Improvement Act of 2021 is a proposed bill that would allow public housing agencies to use different types of contractual arrangements when developing low-income housing projects. This would include options such as design-build, construction management, best value selection and evaluation, prequalification, and guaranteed maximum price contracts. These options would give the agencies more flexibility in how they choose to execute and manage these projects, and would be subject to regulations set by the Secretary of Housing and Urban Development. The purpose of this bill is to improve the efficiency and effectiveness of public housing development projects.
Possible Impacts
1. The Public Housing Procurement Improvement Act of 2021 may restrict the use of noncompetitive contracts for public housing development, potentially limiting opportunities for certain companies or individuals to secure contracts.
2. The Act provides a framework for public housing agencies to utilize specific contractual arrangements, such as design-build and construction management, which could potentially result in faster and more efficient completion of public housing projects.
3. The regulations issued by the Secretary of Housing and Urban Development may impose additional requirements and guidelines on public housing agencies, potentially creating challenges for agencies to comply with in order to utilize the authorized contractual arrangements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4901 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4901
To authorize public housing agencies to utilize certain contractual
arrangements in undertaking development projects involving public
housing, and for other purposes.
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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
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A BILL
To authorize public housing agencies to utilize certain contractual
arrangements in undertaking development projects involving public
housing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Procurement
Improvement Act of 2021''.
SEC. 2. PUBLIC HOUSING AGENCY PROJECT DELIVERY SYSTEM 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 limiting
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 capability of performing all
the engineering, design, procurement, and development by itself
to execute the total scope of the project.
``(2) Construction management.--Use of a construction
manager who is an independent contractor of the public housing
agency, but not its agent, and has responsibility for providing
analysis and advisory services related to value engineering,
constructability, pricing and project risks during the design
phase of the project, and complete responsibility for
supervision, coordination, and administration of the
construction phase of the project, including 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, management, and schedule, and price,
on some formula basis.
``(4) Prequalification.--Use of a selection and evaluation
process under which the public housing agency, or a panel
selected by the agency, that prequalifies proposers based on
qualitative factors, including qualifications and experience,
and subsequently allows only prequalified proposers to
participate and bid in a best value selection and evaluation
process.
``(5) Guaranteed maximum price.--Use of a reasonable
contract pricing structure with safe harbors under which the
total price for construction-phase work under a design-build or
construction management at risk contract is established on a
cost-plus basis with a guaranteed maximum amount that may be
paid to the contractor, except for any adjustment under other
contract clauses providing for equitable adjustment or other
revision of the contract price under stated circumstance, after
95-percent completion of the project design.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue such regulations as may be necessary to carry out the
provisions of this section 5(j) of the United States Housing Act of
1937, as added by the amendment made by subsection (a) of this section.
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