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Ordinance 3781-20
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Ordinance 3781-20
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Ordinances
Ordinance Number
3781-20
Date
12/2/2020
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STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING <br /> 5.5 BONDING <br /> All Federal procurements, contracts, and subcontracts for construction or facility improvements <br /> that exceed the simplified acquisition threshold as identified in Office of Management and <br /> Budget OMB Memo M-18-18, (currently, $250,000) require, at a minimum, the following bonds: <br /> A. A bid guarantee from each bidder equivalent to five percent of the bid price. The bid <br /> guarantee shall consist of a firm commitment such as a bid bond, certified check, or other <br /> negotiable instrument accompanying a bid as assurance that the bidder will, upon <br /> acceptance of their bid, execute such contractual documents as may be required within the <br /> time specified. <br /> B. A performance bond on the part of the contractor for 100 percent of the contract price. A <br /> performance bond is one executed in connection with a contract to secure fulfillment of all <br /> the contractor's obligations under such contract. <br /> C. A payment bond on the part of the contractor for 100 percent of the contract price. A <br /> payment bond is one executed in connection with a contract to assure payment as required <br /> by law of all persons supplying labor and material for execution of the work provided for in <br /> the contract. <br /> 5.6 BRAND NAME SPECIFICATIONS <br /> Unless specifically otherwise provided by applicable law, if all or a portion of federal funds are <br /> used to make a purchase, the specifications must include an allowance for"an equal" product to <br /> be offered and describe the performance or other relevant requirements of the procurement to <br /> ensure they are not limiting free and open competition (2 C.F.R. §200.319(a)). <br /> 5.7 CONTRACTING WITH SMALL AND MINORITY OWNED BUSINESSES, WOMEN BUSINESS <br /> ENTERPRISES AND LABOR AREA SUPLUS FIRMS <br /> The City is committed to ensuring that small and minority businesses, women's business <br /> enterprises, and labor area surplus firms are provided every opportunity to participate in <br /> projects as defined in 2 C.F.R. § 200.321. For federally funded procurements and contracts <br /> under this Policy, the City will: <br /> A. Place qualified small and minority businesses, women's business enterprises, and labor area <br /> surplus firms on solicitation lists and solicit these businesses whenever they are potential <br /> sources. The Procurement Professional will research state and local lists of qualified small <br /> and minority businesses and women's business enterprises to update its solicitation list. <br /> i. A "small business" is independently owned and operated, not dominant in the field of <br /> operation in which it is bidding and qualified as a small business under the Small <br /> Business Administration criteria and size standards at 13 C.F.R. Part 21. <br /> ii. A "women's business enterprise" is (a) at least 51 percent owned by one or more <br /> women or, in the case of a publicly owned business, at least 51 percent of the stock is <br /> owned by one or more women; and (b) whose management and daily operations are <br /> controlled by one or more women. <br /> Page 24 of 57 <br />
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