Laserfiche WebLink
<br />(2) All procurement transactions regardless of whether negoti- <br />ated or advertised and without regard to dollar value shall be <br />conducted in a m~nner so as to provide maximum open and free competi- <br />tion. The recipient should be alert to organizational conflicts of <br />interest or noncompetitive practices among subcontractors which may <br />restrict or eliminate competition or otherwise restrain trade. <br /> <br />(3) The recipient shall establish procurement procedures which <br />provide for, as a minimum, the following procedural requirements: <br /> <br />(al Proposed procurement actions shall be reviewed by recipient <br />officials to avoid purchasing unnecessary or duplicative items. <br />Where appropriate, an analysis shall be made of lease and purchase <br />alternatives to determine which would be the most economical, <br />practical procurement. <br /> <br />(b) Invitations for bids or requests for proposals shall be <br />based upon a clear and accurate description of the technical <br />requirements for the material, product, or service to be procured. <br />Such description shall not, in competitive procurements, contain <br />features which unduly restrict competition. "Brand name or equal" <br />description may be used as a means to define the performance or <br />other slient requirements of a procurement, and when so used the <br />specific features of the named brand which must be met by offerors <br />should be Clearly specified. <br /> <br />(c) Positive efforts shall be made by the recipients to utili4e <br />small business and minority-owned business sources of supplies and <br />services. Such efforts should allow these sources the maximum <br />feasible opportunity to compete for subcontracts to be performed <br />utilizing Federal funds. <br /> <br />(d) The type of procuring instruments used (i.e., fixed price <br />contracts, cost reimbursable contracts, purchase orders, incentive <br />contracts, etc.), shall be appropriate for the particular procurement <br />and for promoting the best interest of the cooperative agreement <br />program involved. The "cost-plus-a-percentage-of-cost" method of <br />contracting shall not be used. <br /> <br />(e) Formal advertising, with adequate purChase description, <br />sealed bids, and public openings shall be the required method of <br />procurement unless negotiation pursuant to paragraph (f) below is <br />necessary to accomplish sound procurement. However, procurements <br />of $10,000 or less need not be so advertised unless otherwise <br />required by State or local law or regulations. Where such advertised <br />bids are obtained the awards shall be made to the responSible <br />bidder whose bid is responsive to the invitation and is most <br />advantageous to the recipient, price, and other factors considered. <br />(Factors such as discounts, transportation costs, and taxes may be <br />considered in determining the lowest bid.) Invitations for bids <br />shall clearly set forth all requirements which the bidder must fulfill <br /> <br />11 <br />