Ordinance 3781-20 - Laserfiche WebLink

STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING is found to be the case,the City should revise the solicitation and re-publicize it in order to resolve the competitive concerns. In undertaking this review, it may be necessary to speak to those firms solicited to find out why they did not submit offers or bids. If the reason is an overly restrictive specification or delivery requirement, then the City should evaluate whether to cancel the solicitation, change that specification to allow for more bids or offers, and re-solicit bids or offers. If the City chooses to move forward with the award considering the restrictive specification,then the City must document in the Procurement File why the restrictive specification or delivery requirement was necessary and could not be modified to enable additional competition. D. A "cardinal change" is a significant change in contract work that causes a major deviation from the original purpose of the work or the intended method of achievement, or causes a revision of contract work so extensive, significant, or cumulative that, in effect, the contractor is required to perform very different work from that described in the original contract. A cardinal change is a noncompetitive award that should only be made if the necessary conditions described above are met. Where there is no price competition, the City must negotiate profit as a separate element of price. 10.6 DOCUMENTATION ASSOCIATED WITH PROCUREMENT BY NON-COMPETITIVE MEANS A. Where the City contemplates using non-competitive proposals to award a contract,the Contract Manager must document the reason for a non-competitive procurement, in a manner such that any reasonable person(s) unfamiliar with the circumstances will be able to identify and understand the underlying reasons for the non-competitive procurement. The justification will cite at least one of the exceptions to competition listed above, and indicate in detail, the reasons that support the exception. B. If the justification relates to a situation where there would be substantial duplication of costs that would not be expected to be recovered through competition,then the Contract Manager must describe the nature of the costs or effort avoided, including any and all organizational effort on the part of the City. C. If the justification relates to an exigency or emergency, the City must document the nature of the exigency or emergency. Non-competitive procurements should be limited in duration to the period necessary to conduct a competitive procurement. i. Where the "exigency or emergency" exception is used to justify the noncompetitive procurement of a Federal contract, the following contracting requirements still apply: • The City must document the exigent or emergency circumstances that justify the use of a non-competitive method of procurement. • The resulting contract must include the required contract clauses at 2 C.F.R. § 200.326 and Appendix II to the Uniform Rules. • The resulting contract must include the Federal bonding requirements at 2 C.F.R. § 200.325 if the contract is for construction or facility improvement. Page 49 of 57