Ordinance 3781-20 - Laserfiche WebLink

STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING • The City must award only to a responsible contractor. • The City must complete a cost or price analysis to determine if the cost or price is fair and reasonable. • The City may not use cost-plus-percentage-of-cost contracting. • If the City uses a time and materials or time and equipment contract, it must document its determination that no other contract type was suitable, include a ceiling price in the contract that the contractor exceeds at its own risk, and assert a high degree of oversight to ensure that the contractor is using efficient methods and effective cost controls. D. If the justification relates to lack of competition, the Contract Manager shall document the justification for and why the City moved forward with a noncompetitive award without cancelling the solicitation and resoliciting offers or bids. Evaluation of the sufficiency of publication of the solicitation to an adequate number of firms should be documented. Communications with firms solicited to find out why they did not submit offers or bids should be documented. Evaluation of whether to cancel the solicitation, change that specification to allow for more bids or offers, and re-solicit bids or offers should be documented. Any decision to move forward with an award with a restrictive specification should be documented, including why the restrictive specification or delivery requirement was necessary and could not be modified to allow additional competition. E. For any proposed contract with an estimated value of more than the simplified acquisition threshold, which pursuant to 41 U.S.C. §403(1) is currently listed as$250,000, procurement using the non-competitive proposals method requires approval by the City's attorney and that the non-competitive proposals method is appropriate under the exception(s) as identified above. 10.7 TIME AND MATERIALS OR TIME AND EQUIPMENT CONTRACTS A time and materials (T&M) or time and equipment (T&E) contract is a contract under which the cost to the City is the sum of the actual costs of materials or equipment and direct labor hours charged at fixed hourly rates that reflect wages,general and administrative expenses, and profit. In Federal contracting, these types of contracts are generally discouraged, but may be unavoidable in certain circumstances. Thus,the City will award and utilize time and equipment type Federal contracts only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. The City will assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. For any T&M or T&E Federal contracts, the Procurement File must include a completed Determination of Suitability of Time & Materials Contract including the following: A. Written determination that no other contract type is suitable with supporting documentation regarding the emergency or exigent circumstances that exists, and other factors considered Page 50 of 57