Demolition/Abatement Constracts (Folders 1-2)

Home Browse Search

(5~ Organizational conflicts of interest. An organizational conflict of interest means that because of other activities, relationships, or ooniracu, a conh~cxor is unable, or potentially unable, to render impartial assistance or advice to the grantee; a coniractor's objectivity in pecfornting the contract work is or might be otherwise impaired; or a contractor has an unfair competitive advantage; (6) The spec~cation of only a"brand name" product without listing its salient characteristics and not allowing "an equal" product to be offered; and (7) Any arbitrary action in the procurement process. b. Prohibition A~ainst Geog,~aphic Preferences Grantces shall conduct pracurements in a manner that prohibits the use of statutorily ac acfrninistratively imposed in-State or local geographical prefenences in the eveluation of bids or proposals, except in those cases where applicable Fedetal statutes expressly mandate or encourage geographic preference. This dces not preempt State licensing laws. However, geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services pr~ovided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. c. Written Pr+ocw~nent Selection Pincedures Grantees shall have written selcction procedures for procurement transactions. All solicitations shall: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features that unduly restrict competition. The description may include a statement of the qualitative nature of the material~ product, or service to be procured and when neoessazy, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended u~e. Detailed product spec~cations should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a"brand name or equal" description may be used. A grantee shall use a"brand name or equal" description only when it cannot provide an adequate specification or more cietailed desc~iption, without perfornung an inspection and analysis, in time for the acquisition under consideration. F~uther, a gantee wishing to use "brand name or equal" must carefWly identify its minimum needs and clearly set forth those salient physical and functional characteristics of the brand name product in the solicitation. (2) Identify all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. d. Prequalification Criteria Grantees shall c.nsure that ell lists of prequalifi~d persons, fums, or products that are used in ~9~8 S~ ~ se~vices ane c~aneat and include a~ough qualified sow~cts to ensure maximum full and open competition. ALso> grantees shall not preclude potential bidders &om qualifying during the solicitation period, which is from issuance of the solicitation to its closing date. 9. METHODS OF PROCUREMEIVT. The following methods of procurement may be used as appropriate: a Procurement bv MicraPurchases. Procurement by micrapurchases are those purchases under $2,500. Purchases below that threshold may be made wi~ obtaining c~npetitive quotati~s if the grantee determines that the price is fair and reasonable. Such purchases are exempt from Buy America requirements. There should be equitable disVibution among qualified suppliers (in the local area) and no splitting of procurements to avoid competition. The Davis-Bacon Act applies to oonst~ucti~ contracts betwee.n S2,000 and $2,500. Minimum documentation is nquired: A determination that the price is fair and reasonable and how this deteimination was derived. b. Procurement by Small Purchase Procedures Small purchase procedwes are those relatively simple and informal procxu~niec-t methods for seaaing savioes, supplies, or other property that cost more than $2,500 but do not cost more than the simplified acquisition threshold Sxod at 41 U.S.C. Sec.167; 403(11) cuirently set at 5100,000. If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources.