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December 2013

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support from a segment of the industry, but is not – and never has been – a "recognized, voluntary, private sector, consensus standards body" as specifically required by relevant law. While information as to whether or not that "research" organization submitted a bid is not publicly available, just two days later -- on July 18, 2013 – HUD, according to sources, contacted the International Code Council (ICC), which is, without question, a "recognized, voluntary, private sector, consensus standards body" to "encourage" it to submit a bid for the AO contract. When advised by ICC that the original bid deadline did not provide enough time to submit a compliant proposal – and that ICC would need a 14-day extension – HUD responded by extending the deadline by just three days to July 26, 2013. Even so, ICC was able to assemble a proposal that was delivered to HUD on the due-date. That proposal, however, was rejected by HUD for allegedly being submitted 28 minutes "late," even though the solicitation amendment did not state a specific response time on July 26. This, in turn, has led ICC to file a bid protest with HUD and the Government Accountability Office, seeking a re-bid of the AO 14 \ contract to ensure full competition and a qualified AO, based on the requirements of the 2000 reform law. Although it remains unclear why HUD initially set an artificially short response deadline for this major contract and then solicited a bid directly from ICC, only to set a further unrealistic response date and reject the ICC bid on highly questionable grounds, the facts relevant to this situation are clear. First, and most importantly, the MHCC remains in limbo -- as it has for most of 2013 -- to the detriment of the industry and manufactured homebuyers. Second, ICC and NFPA are two of only a very few organizations in the United States that can possibly meet the demanding standards of the 2000 reform law for the MHCC AO. And with NFPA out of the running, that leaves ICC as the single most qualified AO contractor available to HUD because of its broad-based code development work for all types of residential dwellings. Indeed, no other private sector code development organization in the United States can match the breadth of its activity and experience or its credibility at all levels of government, which regularly adopt and implement its codes with appropriate local adaptations. Conversely, the possibility of an award to some other organization that lacks the credibility, legitimacy and experience required by the 2000 law, has already prompted administrative litigation by ICC. MHARR, moreover – in accordance with decisions at its November 2013 Board of Directors meeting to end HUD's yearlong reprieve on key 2000 reform law implementation issues – will carefully monitor this specific matter, with all possible options on the table. In MHARR's view, HUD's assault on the MHCC has gone on too long and the manufactured housing industry cannot afford to be MIA, as a renewed effort to demand full compliance with the key reforms of the 2000 law is imminent. T J Danny D. Ghorbani is President & CEO of the Manufactured Housing Association for Regulatory Reform. MHARR is a Washington, DC-based national trade association representing the views and interests of independent producers of federally-regulated manufactured housing. Danny can be reached at 202-783-4087. Quick, Neat, Inexpensive Permanent, Safe Revolutionary Flex-Mend Flex-Mend, a mending product that matches the appearance and texture of bottom closure materials used by most manufacturers in the mobile home industry today. Flex-Mend currently meeting all requirements for use as bottomboard by the mobile home industry. It has been solid-coated with specially formulated high tech adhesive, and has an easily removed paper release liner. It goes on like a band-aid! *Free Shipping Flex-Mend™ is now available in 28" wide by 25', 50' & 100' rolls (233 sq. ft.) or in convenient tape form 4" x 180 feet or 6" x 180 feet. For the name of your nearest distributor call 1-800-462-1775 No. 12 on Get It Quick Page No. 13 on Get It Quick Page DECEMBER 2013 21 THE JOURNAL

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