PBCA Awards Update: Court Decision Upholding NOFA has been Appealed

Nine Contract Administrators have appealed the federal claims court’s decision to allow HUD to proceed with PBCA awards under the NOFA that was previously issued.

On May 10, 2013, the appeal was jointly filed by: CMS Contract Management Services (UT), Housing Authority of the City of Bremerton WA,. National Housing Compliance (formerly GA HAP Administrators), Assisted Housing Services Corp (CGI-OH),  North Tampa Housing Development Corp (CGI-FL), CA Affordable Housing Initiative, Navigate Affordable Housing Partners (formerly JeffCo), SW Housing Compliance Corp (TX) and MA Housing Finance Agency.

It is not yet clear whether the court’s ruling (upholding HUD’s position) will be set aside until the appeal process is completed, or whether HUD will be permitted to proceed while the appeal is being heard.  However, it is believed that no PBCA awards will be announced until after the appeal has been decided, which may take several months.

In the meantime, current PBCAs “in limbo” are operating on a limited basis (conducting no MORs) under a series of 3-month extensions.  On October 1, the 11 states which currently have PBCA contracts will join these others, and will operate under the same extensions until new PBCA contracts are officially awarded.