<div class="chunk-title">Sec. 30-12. - General procurement standards and procedures required for federally awarded contracts and grants.</div>
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            <p class="p0">
               Either the purchasing office or the requesting department shall procure all contracts
               in accordance with these requirements.
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Necessity.</span> Purchases must be necessary to perform the scope of work and must avoid acquisition
                  of unnecessary or duplicative items. The purchasing office and/or the requesting department
                  should check with the federal surplus property agency prior to buying new items when
                  feasible and less expensive. Strategic sourcing should be considered with other departments
                  and/or agencies who have similar needs to consolidate procurements and services to
                  obtain better pricing.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Clear specifications.</span> All solicitations must incorporate a clear and accurate description of the technical
                  requirements for the materials, products, or services to be procured, and shall include
                  all other requirements which bidders must fulfill and all other factors to be used
                  in evaluating bids or proposals. Technical requirements must not contain features
                  that restrict competition.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Notice of federal funding.</span> All bid solicitations must acknowledge the use of federal funding for the contract.
                  In addition, all prospective bidders or offerors must acknowledge that funding is
                  contingent upon compliance with all terms and conditions of the funding award.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Compliance by contractors.</span> All solicitations must inform prospective contractors that they must comply with
                  all applicable federal laws, regulations, executive orders, and terms and conditions
                  of the funding award.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Fixed price.</span> Solicitations must state that bidders must submit bids on a fixed price basis and
                  the contract shall be awarded on this basis unless otherwise provided in this chapter.
                  Cost plus percentage of cost contracts are prohibited. Time and materials contracts
                  are prohibited in most circumstances. Time and materials contracts will not be used
                  unless no other form of contract is suitable and the contract includes a "Not to Exceed"
                  amount. A time and materials contract shall not be awarded without express written
                  permission of the federal agency or state pass-through agency that awarded the funds.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Use of brand names.</span> When possible, performance or functional specifications are preferred to allow for
                  more competition, leaving the determination of how to reach the required result to
                  the contractor. Brand names may be used only when it is impractical or when needed
                  to write a clear and accurate description of the requirement(s). When a brand name
                  is listed, it is used as reference only and "or equal" must be included in the description.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
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                  <span class="ital">Lease versus purchase.</span> Under certain circumstances, it may be necessary to perform an analysis of lease
                  versus purchase alternatives to determine the most economical approach.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Dividing contract for minority or women business enterprise ("WBE") participation.</span> If economically feasible, procurements may be divided into smaller components to
                  allow maximum participation of small and minority businesses and WBE (sometimes referred
                  to "M/WBE"). The procurement cannot be divided to bring the cost under bid thresholds
                  or to evade any requirements under this chapter.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Documentation.</span> Documentation must be maintained by the purchasing office and/or the requesting department
                  detailing the history of all procurements. The documentation should include the procurement
                  method used, contract type, basis for contractor selection, price, sources solicited,
                  public notices, cost analysis, bid documents, addenda, amendments, contractor's responsiveness,
                  notice of award, copies of notices to unsuccessful bidders or offerors, record of
                  protests or disputes, bond documents, notice to proceed, purchase order, and contract.
                  All documentation relating to the award of any contract must be made available to
                  the granting agency upon request.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Cost estimate.</span> For all procurements in excess of the simplified acquisition threshold (2 C.F.R.
                  Â§ 200-324(a)), the purchasing office and/or requesting department shall develop an
                  estimate of the cost of the procurement prior to soliciting bids. Cost estimates may
                  be developed by reviewing prior contract costs, online review of similar products
                  or services, or other means by which a good faith cost estimate may be obtained. Cost
                  estimates for construction and repair contracts may be developed by the project designer.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Contract requirements.</span> The requesting department must prepare a written contract incorporating the provisions
                  referenced in this chapter.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Debarment.</span> No contract shall be awarded to a contractor included on the federally debarred bidder's
                  list.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Contractor oversight.</span> The requesting department receiving the federal funding must maintain oversight of
                  the contract to ensure that contractor is performing in accordance with the contract
                  terms, conditions, and specifications.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Open competition.</span> Solicitations shall be prepared in a way to be fair and provide open competition.
                  The procurement process shall not restrict competition by imposing unreasonable requirements
                  on bidders, including but not limited to unnecessary supplier experience, excessive
                  or unnecessary bonding, specifying a brand name without allowing for "or equal" products,
                  or other unnecessary requirements that have the effect of restricting competition.
                  </p>
               		
               
               <p class="incr1">
                  (15)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Geographic preference.</span> No contract shall be awarded on the basis of a geographic preference.
                  </p>
               		
               
               <p class="incr1">
                  (16)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Duplicate purchases.</span> The requesting department should avoid unnecessary or duplicate purchases (2 C.F.R.
                  Â§ 200-318(d)).
                  </p>
               		
               
               <p class="incr1">
                  (17)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Consolidate.</span> Consider consolidating or breaking out purchases to obtain more economical purchases.
                  </p>
               		
               
               <p class="incr1">
                  (18)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Interlocal agreements.</span> Entering into interlocal or cooperative agreements for common or shared goods or
                  services is encouraged. (2 C.F.R. Â§ 200.318(e)).
                  </p>
               		
               
               <p class="incr1">
                  (19)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Value engineering.</span> Using value engineering in construction contracts is encouraged.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. 2023-11, 10-16-2023)
               </p></div>