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HUD’S Fiscal Year 2025 PBCA Proposal

SEC. 232.—Notwithstanding sections 3(b) and 8 of the United States Housing Act of 1937 (the Act) and chapter 63 of title 31, United States Code, amounts made available to the Secretary in this or any prior Act under the headings “Project-Based Rental Assistance” or “Housing Certificate Fund” for performance-based contract administrators to carry out section 8 of the Act (42 U.S.C. 1437f), as implemented by the Secretary in chapter VIII of title 24, Code of Federal Regulations, may be awarded through a Notice of Funding Opportunity not subject to procurement laws or regulations: Provided, That such awards shall be deemed for all purposes to be cooperative agreements: Provided further, That for purposes of such Notice, eligible applicants are public housing agencies as defined by section 3(b)(6)(A) of the Act and nonprofits of such agencies when operating outside of the State or territory in which such agency is established: Provided further, That the Secretary shall award one cooperative agreement for each State or territory, except that the Secretary may award more than one cooperative agreement for a State or territory if the population of such State or territory exceeds 25,000,000: Provided further, That the Secretary may select the best qualified applicant regardless of whether it operates within the jurisdiction of the State or territory served: Provided further, That if the Secretary does not select a qualified applicant under such Notice, the Secretary may utilize a procurement contract subject to all procurement laws and regulations to assist in carrying out such section 8.

Explanation of this Section – PBCA Modifications: This proposal would allow HUD to award cooperative agreements for Performance-Based Contract Administrators (PBCAs) through a Notice of Funding Opportunity (NOFO) rather than a FAR procurement. While the text included here is identical to the General Provision proposed in the President’s FY 2024 Budget Request, HUD will work with Congress to continue clarifying and refining this proposal throughout the FY 2025 appropriations process.

PBCA Listening Session

 

Last Updated: 11/7/2024