§ 20-36
Contract types. 

§ 20-37
Options. 

§ 20-38
Contract clauses. 

§ 20-39
Contract administration. 

A. 

Any type of contract which is appropriate to the procurement and which will promote the best interests of the WHA may be used, provided the cost-plus-a-percentage-of-cost and percentage-of-construction-cost methods are not used. All solicitations and contracts shall include the clauses and provisions necessary to define the rights and responsibilities of both the contractor and WHA.

B. 

For all cost-reimbursement contracts, WHA must include a written determination as to why no other contract type is suitable. Further, the contract must include a ceiling price that the contractor exceeds at its own risk.

Options for additional quantities or performance periods may be included in contracts, provided that:

A. 

The option is contained in the solicitation;

B. 

The option is a unilateral right of the Authority;

C. 

The contract states a limit on the additional quantities and the overall term of the contract;

D. 

The options are evaluated as part of the initial competition;

E. 

The contract states the period within which the options may be exercised;

F. 

The options may be exercised only at the price specified in or reasonably determinable from the contract; and

G. 

The options may be exercised only if determined to be more advantageous to WHA than conducting a new procurement.

A. 

All contracts should identify the contract pricing arrangement as well as other pertinent terms and conditions, as determined by the WHA.

B. 

Additionally, the Forms HUD-5369, 5369-A, 5369-B, 5369, 5370, 5370-C, and 51915-A, which contain all HUD-required clauses and certifications for contracts of more than $100,000, as well as any forms/clauses as required by HUD for small purchases, shall be used in all corresponding solicitations and contracts issued by this Authority.

The WHA shall maintain a system of contract administration designed to ensure that contractors perform in accordance with their contracts. These systems shall provide for inspection of supplies, services or construction, as well as monitoring contractor performance, status reporting on major projects including construction contracts, and similar matters. For cost-reimbursement contracts, costs are allowable only to the extent that they are consistent with the cost principles in HUD Handbook 2210.18.