Performance Based Contract Administrator Program

The purpose of HUD?s PBCA program is to implement the policy of the United States, as established in section 2 of the 1937 Act, of assisting States and their political subdivisions (e.g., PHAs) for aiding lower income families in obtaining a decent place to live and of promoting economically mixed housing,
assistance payments may be made with respect to existing housing in accordance with the provisions of the above reference section.

The PBCA program furthers these policies by effectuating authority explicitly under section 8(b)(1) of the 1937 Act for HUD to enter into ACCs with PHAs for the administration of Section 8 HAP contracts.

For the project-based subprograms authorized under Section 8, the 1937 Act authorizes HUD to enter into an ACC with a PHA, as defined in section 3(b)(6)(A) of the 1937 Act.

The ACC is the contractual mechanism to support the PHA?s public purpose in making assistance payments to Section 8 project owners.

This program will provide assistance to PHAs for the administration of Project-Based Section 8 program within a State.

The objective is to have a contract administrator for all states.

Agency - Department of Housing and Urban Development

The Department of Housing and Urban Development's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. HUD fulfills this mission through high ethical standards, management and accountability, and by forming partnerships with community organizations.

Office - See Regional Agency Offices.

Persons may contact local field offices listed on http://hud.gov.



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

HUD is authorized to enter into an annual assistance contract (ACC) with a PHA for the administration of Section 8 housing assistance payment (HAP) contracts through the Performance-Based Contract Administrator (PBCA) program.

Under the ACC, the PHA will provide ongoing contract administration services for units receiving project-based Section 8 housing assistance.

Eligibility Requirements

Applicant Eligibility

HUD will accept applications to provide contract administration services for the 42 ?States,? which are listed in Appendix A of the program Notice of Funding Availability (NOFA).

State is defined in the ACC as one of the fifty United States, the District of Columbia, the United States Virgin Islands, or the Commonwealth of Puerto Rico.

Please note that there have been 11 PHAs selected for PBCAs in a previous competition.

HUD has already entered into an ACC with those PHAs.

Entities applying to serve as PBCA in more than one State must submit a separate application for each State for which it applies.

See program NOFA for more information.

HUD may enter into an ACC for the administration of a project-based Section 8 HAP contract with a legal entity that qualifies as a ?public housing authority? as defined under section 3(b)(6)(a) of the Housing Act of 1937.

Beneficiary Eligibility

Families currently receiving assistance as long as their income does not exceed 80 percent of area median income adjusted for family size.

Credentials/Documentation

The entity that has entered the ACC with HUD must certify that it is a PHA as required by Federal law, and that it has jurisdiction and authority to carry out Section 8 contract administration services in the agreed service area in accordance with the ACC. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is required.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. HUD publishes a Notice of Funding Availability (NOFA) to solicit applications from PHAs to administer project-based Section 8 HAP contracts as PBCAs. Applications are submitted through Grants.gov the federal portal for finding and applying for funding opportunities for competitive programs.

Award Procedures

Awards will be made to applicants that meet the funding criteria in the Notice of Funding Availability.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

United States Housing Act of 1937 , Section 8b1,3b6A.

Range of Approval/Disapproval Time

From 60 to 90 days. Approval of the PBCA shall be given after applications have been validated and reviewed and ACC awards have been determined, about 2 to 3 months after application period closes. Deadline will be published in program NOFA.

Appeals

There is no formal appeal process. Applicants may request a debriefing on the pros and cons of their application as determined in the final rating and ranking of the applications.

Renewals

Contract term and renewal options for administration of project-based Section 8 HAP under the PBCA program shall be specified in the Notice of Funding Availability and incorporated into the grantee ACC. Continuation awards will be determined by performance.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program. Matching requirements are not applicable to this program. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Awards are renewal on an annual basis. Funds are disbursed at amend rents and contract renewals anniversary dates. See the following for information on how assistance is awarded/released: Based on performance there are monthly fees.

Post Assistance Requirements

Reports

Annual management and occupancy review.

Monthly, quarterly and an annual report to HUD.

The owner must submit to HUD within 60 days after the end of each fiscal year of the project, financial statements for the project audited by an Independent Public Accountant and other statements as to project operation, financial conditions and occupancy.

Cash reports are not applicable.

Progress reports are not applicable.

Expenditure reports are not applicable.

Annual management and occupancy review.

Monthly, quarterly and an annual report to HUD.

The owner must submit to HUD within 60 days after the end of each fiscal year of the project, financial statements for the project audited by an Independent Public Accountant and other statements as to project operation, financial conditions and occupancy.

Audits

This program is excluded from coverage under 2 CFR 200, Subpart F - Audit Requirements. The owner must permit HUD to review and audit the management and maintenance of the project at any time to assure the owner is meeting its obligation to maintain the units and related facilities in decent, safe, and sanitary condition.

Records

All program records must be kept by the PBCA for three years. During the three-year period, the PBCA can maintain the storage of the records as they determine to be appropriate, i.e. on site or in a storage area. The three-year period is consistent with the archiving requirements according to HUD Handbook 4350.5, Contract Administration, for non-performance based ACC. During the three-year period, HUD reserves the right to request documents that the PBCA may have available and which HUD determines to be critical to retain by HUD. Section 12 of the PB-ACC provides general guidelines for the maintenance of program records. The owner must reexamine the income and composition of all families at least once each year and prepare and furnish other information required under the Section 8 contract.

Financial Information

Account Identification

86-0303-0-1-604; 86-0319-0-1-604.

Obigations

(Salaries) FY 15 $273,000,000; FY 16 est $338,000,000; and FY 17 est $295,000,000

Range and Average of Financial Assistance

estimated $20 million per month for entire program.

Regulations, Guidelines, and Literature

24 CFR 886 Section 8 Housing Assistance Payments Program - Special Allocations. 24 CFR 880 - Section 8 Housing Assistance Payments Program for New Construction; 24 CFR 881 - Section 8 Housing Assistance Payments Program for Substantial Rehabilitation; 24 CFR 883 - Section Housing Assistance State Housing Agencies; 24 CFR 884 - Section 8 Housing Assistance Payments Program for New Construction Set Aside for Section 515 Rural Rental Housing Projects; 24 CFR 891 Subpart E - Loans for Housing for the Elderly or Persons with Disabilities; HUD Section 8 Renewal Policy Guide (1/15/08).

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons may contact local field offices listed on http://hud.gov.

Headquarters Office

Deborah Lear 451 7th Street SW, Washington, District of Columbia 20410. Email: Deborah.k.lear@hud.gov Phone: (202) 402-2768.

Criteria for Selecting Proposals

See program NOFA Notice of Funding Availability for details.



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