Federal Procurement Guidance for States and Local Governments
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Additional Procurement Pursuant to 44 C.F.R. § 13.36(d)(4)(i)(B), non-competitive procurement methods may be used in limited circumstances. If “there is an emergency requirement that will not permit a delay for competition,” a grantee/subgrantee may use a non-competitive proposal. Sole Source procurement can also happen after solicitation if the returning responsible bids is determined to be inadequate. 6. T he contract must be awarded to the most responsive and responsible offer, after price and other factors are considered through scoring the proposals for best and final offers according to the grantee/subgrantee’s predetermined evaluation criteria. Competitive RFP Process In accordance with 24 C.F.R. 85.36(d)(3), the grantee/subgrantee must follow the following competitive RFP process for any long-term services required for disaster recovery: 1. Incorporate a clear and accurate description of the technical requirements for the material product, or service procured. 2. W idely publicize the RFP, and to the maximum extent practicable, honor reasonable requests by parties to have an opportunity to compete. 3. S olicit proposals from an adequate number of qualified sources. 4. C onduct a technical evaluation of the submitted proposals to identify the responsible and qualified firms. 5. As necessary, conduct negotiations with those firms who are deemed responsive, responsible, and fall within a competitive price range. After negotiations, these bidders may be given the opportunity to submit a best and final offer.
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Additional information on procurement rules can be found at the following federal regulation links: • General procurement standards (2 C.F.R. Part 200.318) • Competition (2 C.F.R. Part 200.319) • Methods of procurement (2 C.F.R. Part 200.320) • Contracting with small and minority businesses, women’s business enterprises (2 C.F.R. Part 200.321) • Procurement of recovered materials (2 C.F.R. Part 200.323) • Contract cost and price (2 C.F.R. Part 200.324) • Awarding agency and pass-through entity review (2 C.F.R. Part 200.325) • Contract provisions (2 C.F.R. Part 200.327 and Appendix II)
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