Advocate‎ > ‎

PBCA

Performance Based Contract Administration (PBCA) is HUD shorthand for outsourcing oversight of HUD properties. 

About 10 years ago in response to demands in Congress that HUD reduce staffing and use lower priced contractors to do routine work, HUD created the PBCA Program

In Ohio the winning bidder for the PBCA contract was Assisted Housing Services Corporation...a non profit corporation created by Columbus Metropolitan Housing Authority and CGI Federal.
AHSC duties include
  • processing subsidy payments under HAP contracts
  • conducting annual Management and Operations Reviews of HUD properties (MOR) and
  • responding to tenant concerns
AHSC unresponsiveness to tenant advocacy organizations and their careless processing of tenant complaints* led many groups to support Ohio Housing Finance Agency's bid to take over the PBCA contract in 2011. 

Therein lies a tale.  First, OHFA was declared the 'winner' of the contract and the losers sued HUD saying that the bidding was rigged.  HUD thru out the results of the bidding process and gave AHSC a limited contract** on a month to month basis.
Then HUD changed from a bidding process to a request for proposals process and AHSC won the NOFA competition in Ohio.  Then the losers sued and in March 2013 the court ruled that HUD had violated its own rules on awarding contracts...meanwhile we're waiting for HUD's response.

Here are the problems
  • *  AHSC's response to tenant complaints is to refer the matter to the property management company with instructions to investigate.  Invariably, property manager's determine that the complaint was unfounded.
  • ** AHSC's limited contract means no MORs since 2011.  Among other things the lack of current operation reviews means that "at risk" properties are slipping by and that HUD's new risk management (which is based in part of MORs) is defective.



 
What's News? Performance Based Contract Administration 

4/23/14:  HUD says: On March 25, 2014, the Court of Appeals for the Federal Circuit ruled in favor of the protesters in the PBCA litigation.  HUD and DoJ are reviewing options and will make a determination as to requesting a rehearing no later than 45 days following the Court's decision.

3/25/14:  U.S. Court of Appeals for the Federal Circuit ruled against HUD today.  In a closely watched ruling the court determined that because the PBCA awards were are procurement contracts and because HUD did not comply with federal procurement law, the decision of the Court of Federal Claims must be reversed and remanded. 
    Now we wait for HUD plans to respond. At a meeting n January, HUD officials told State Housng Agencies that if the Court of Appeals were to rule in favor of procurement, the Department would likely extend existing PBCA contracts for 18-24 months while it developed a procurement tool.
    in Ohio this means that Assisted Housing Services Corporation would continue to serve as PBCA .  AHSC is a partnership between Columbus Metropolitan Housing and CGI Federal (see below)
Healthcare.gov contractor has an Ohio housing connection. Hint: think Assisted Housing Services Corporation.
This is a complex story about how CGI Federal (the contractor that created the health.gov website) has been using lawsuits and political influence to maintain control of a lucrative HUD contract.  Have you ever called Assisted Housing Services Corporation with a problem?  CGI Federal is the wizard behind the curtain at AHSC.  More here.  Lots more on CGI Federal here and here
What will HUD do?  right now the awards in the latest HUD bidding for the PBCA contact is "on hold" pending legal action.
  • more on CGI Federal-parent of Assisted Housing Services Corp.
  • CGI no stranger to Ohio.  More here
  • CGI hits the road.  January 10, 2014: Washington Post reports: Obama administration to end contract with CGI Federal, company behind HealthCare.gov “The administration’s decision to end the contract with CGI reflects lingering unease over the performance of HealthCare.gov even as officials have touted recent improvements and the rising numbers of Americans who have used the marketplace to sign up for health coverage that took effect Jan. 1.”



 Nofes & Links


Comments