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STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING <br /> 3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive <br /> proposals in response to a written request from the non-Federal entity; or <br /> 4) After solicitation of a number of sources, competition is determined inadequate. <br /> 5.16 PRE-QUALIFIED LISTS OF SUPPLIERS <br /> The City may use pre-qualified lists of persons, firms, and products among which to compete <br /> contracts for goods and services. Pre-qualified lists are not contracts;they are tools to aid in the <br /> procurement of future contracts by allowing the City to review the qualifications of prospective <br /> suppliers prior to contract award of an anticipated future need. <br /> In these instances,the City will advertise for suppliers of commodities to submit a pre- <br /> determined list of qualifications. Suppliers that qualify will be solicited to provide proposals for <br /> the various goods and services as they develop. The City will ensure that all prequalified lists of <br /> persons, firms, or products that are used in acquiring goods and services are current and include <br /> sufficient qualified sources to ensure maximum open and free competition. <br /> The City will not preclude additional bidders from qualifying during the solicitation period. Use <br /> of a pre-qualified list does not eliminate the requirement that a procurement be publicly <br /> solicited. <br /> 5.17 PROCUREMENT OF RECOVERED MATERIALS <br /> The City will follow 2 C.F.R. § 200.322, which currently states, a non-Federal entity that is a state <br /> agency or agency of a political subdivision of a state and its contractors must comply with <br /> section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and <br /> Recovery Act.The requirements of Section 6002 include procuring only items designated in <br /> guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the <br /> highest percentage of recovered materials practicable, consistent with maintaining a <br /> satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the <br /> value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring <br /> solid waste management services in a manner that maximizes energy and resource recovery; <br /> and establishing an affirmative procurement program for procurement of recovered materials <br /> identified in the EPA guidelines. <br /> 5.18 PROHIBITED RESTRICTIONS ON COMPETITION <br /> All procurement transactions will be conducted in a manner providing full and open <br /> competition. This includes ensuring that no restrictions are placed on a commodity that may <br /> limit competition. Some of the situations considered to be restrictive of competition include but <br /> are not limited to: <br /> A. Organizational conflicts of interest, including allowing contractors that develop or draft <br /> specifications, requirements, statements of work, or invitations for bids or requests for <br /> proposals to compete for such procurements. These contractors must be excluded from <br /> bidding. For more on organizational conflicts of interest see Section 3. <br /> B. Imposing prohibited geographical preferences <br /> C. Placing unreasonable requirements on firms for them to qualify to do business. <br /> Page 29 of 57 <br />