Ordinance 3781-20 - Laserfiche WebLink

STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING D. Requiring unnecessary experience. E. Requiring excessive bonding. F. Non-competitive pricing practices between firms or between affiliated companies. G. Non-competitive solicitations or contracts to persons or firms on retainer contracts or currently under another contract where the award is not for property or services specified for delivery under the scope of the retainer contract. H. Specifying only a "brand name" product instead of allowing for"an equal" product to be proposed and describing the performance of relevant requirements of the procurement. I. Specifying a preferred item is a form of a brand name only specification. It is not permissible unless there is an appropriate non-competitive justification. J. Any arbitrary action in the procurement process; e.g., unfairly restrictive time limits for a potential supplier to respond to a request. 5.19 SMALL WORKS ROSTER If federal funds are used to pay for all or a portion of the cost of a Small Works Roster project, then formal bidding must be performed at the federal threshold of$250,000 per OMB Memo M-18-18 which raised the threshold for simplified acquisitions from $150,000 to $250,000 for all recipients. 5.20 SOLICITATION REQUIREMENTS All solicitations must meet the following requirements: A. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. This description must not contain features which unduly restrict competition. B. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. i. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand, which must be met by offers, must be clearly stated. ii. Performance or functional specifications are preferred to detailed technical specifications. A performance specification describes an outcome, an objective, or standard to be achieved, and leaves the determination of how to reach the result to the contractor. When using performance specifications,the solicitation should describe what the product should be able to do or the services to accomplish without imposing unnecessarily detailed requirements on how to accomplish the tasks. Page 30 of 57