HomeMy WebLinkAboutResolution - 1058B - Procurement Certification-Consultant Selection - Improvements, LIA - 03_25_1982r
RESOLUTION 1058-B - 3/25/82
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Procurement
Certification certifying familiarity with the requirements of Attachment
0 to OMB Circular A-102 as it pertains to the selection of a consultant for
work at the Lubbock International Airport involving relocation of a county
road and apron expansion, which certificate shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of Mart-h ,1982.
BILL MCALIST R, MAYOR
ATTEST:
E elyn Gaf ga, tity S cr -Treasurer
APPROVED AS TO CONTENT:
Ma in Coffee, Dir or of Aviation
APPROVED AS TO FORM:
o Sherwin, Asst. City Attorney
PROCUREMENT CERTIFICATION
This certificate is submitted pursuant to Section 16(h) of the Airport and
Airway Development Act of 1970, as amended.
I hereby certify that I am familiar with the requirements of Attachment O
to OMB Circular A-102 as it pertains to selection of consultants and that
our consultant for this Federal -aid project was selected in conformance
with these requirements.
3/25/82
Date
• CITY BO , TE MS
Mayor
Title
Appendix D-3
ATTACHMENT 0
Circular No. A-102
PROCUREMENT STANDARDS
1. APPicability
a. This Attachment establishes standards and guidelines for
the procurement of supplies, equipment, construction and services
for Federal assistance programs. These standards are furnished
to ensure ' that such materials and services are obtained
efficiently and economically and in compliance with the.
provisions of applicable Federal law and executive orders.
b. No additional procurement requirements or 'subordinate
regulations shall be imposed upon grantees by executive agencies
unless specifically required by Federal law or executive orders
or authorized by the Administrator for Federal Procurement
Policy. This prohibition is not applicable to payment conditions
issued in accordance with Treasury Circular 1075, individual
grantee requirements pursuant -'to Section 10 of the basic circular
or the provisions of this or other OMB circulars.
C. Provisions of current subordinate requirments not
conforming to this Attachment shall be rescinded by'grantor
agencies unless approved by the Office of Federal Procurement
Policy (OFPP).
2. Grantee/Grantor Responsibility
a. These standards do not relieve the grantee of any
contractual responsibilities under its contracts. The grantee is
responsible, in accordance with good administrative practice and
sound business judgment, for the settlement of all contractual
and administrative issues arising out of procurements entered in
support of a grant. These include but are not limited to source
evaluation, protests, disputes, and claims. Executive agencies
shall not substitute their judgment for that of the grantee
unless the matter is primarily a Federal concern. Violations of
law are to be referred to the local, State, or Federal authority
having proper jurisdiction.
b. Grantees shall use their own procurement procedures
which reflect applicable State and local laws and regulations,
provided that procurements for Federal Assistance Programs
(No. A-102)
D-3-101
/` f
Appendix D-3
2
conform to the standards set forth in this Attachment and
applicable Federal law.
3. Grantee Procurement Improvement
Executive agencies awarding Federal grants or other
assistance which require or allow for procurement by the
recipients are encouraged to assist recipients in improving their
procurement capabilities by providng them with technical
assistance training, publications, and other aid.
4. Procurement System Reviews
a. Executive agencies are encouraged to perform reviews of
their grantees' procurement systems if a continuing relationship
with the grantee is anticipated or a substantial amount of the
Federal assistance is to be used for procurement and review of
individual contracts is anticipated. The purpose of the review
shall be to determine: (1) whether a grantee's procurement system
meets the standards prescribed by this Attachment or other
criteria acceptable to the OFvP, such provisions of the Model
Procurement Code for State and local government; and (2) whether
the grantee's procurement system should be certified by the
reviewing agency. Such a review will also give an agency an
opportunity to give technical assistance to a grantee to remedy
its procurement 'system if it does not fully comply. In addition,
such a review may provide a basis for deciding whether the
grantee's contracts and related procurement documents should be
subject to the grantor's prior approval, as provided by Section
6.
b_ In conducting procurement system review, grantor
agencies will evaluate a grantee•'s procurement system in terms of
whether it complies with the standards prescribed by this
Attachment and represents a 'fair, efficient and effective
procurement system. To the maximum extent feasible, reviewers
will rely upon State or local evaluations and analyses performed
by agencies or organizations independent of the grantee
contracting activity.
C. When a Federal grantor agency completes a procurement
review, it shall furnish a report to the grantee, with a copy to
OFPP .
d. All agencies should normally rely upon the resultant
findings or certification for a period of 24 months before
another review is performed.
(No. A-102)
IWO
Appendix D-3
3
e. Reviews shall be conducted in accordance with standards
and guidelines approved.or issued by OFPP..
f. The reviews authorized by Section 6 are waived if a
grantee's procurement system is certified.
S. -Protest Procedures
a. Grantor agencies may develop an administrative procedure
to handle complaints or protests regarding grantee contractor
selection actions. The procedure shall'be limited as follows:
a. No protest shall be accepted by the grantor agency until
all administrative remedies at the grantee level have been
exhausted.
b. Review is limited to:
(i) Violations of Federal law or regulations. Violations of
State or local law shall be under -the jurisdiction of State or
local authorities.
(ii) Violations of grantee's protest procedures or failure to
review a complaint or protest.
6. Grantor Review of Proposed Contracts
Federal grantor pre -award review and approval of the
grantee's proposed contracts and related procurement documents,
such as requests for proposal and invitations for bids, is
permitted only under the following circumstances:
a. The procurement is expected to exceed $10,000 and is to
be awarded without competition or only one bid or offer is
received in response to solicitation.
b. The procurement expected to exceed $10,000 specifies a
"brand name" product; or
C. The grantee's procurement procedures or operation fails
to comply with one or more significant aspects of this
Attachment. The grantor agency shall notify the grantee in
writing, with a copy of such notification to the OFPP.
7. Code of Conduct
(No. A-102)
D-3-103
Appendix D-3
4
Grantees shall maintain .a written code 'or standards of
conduct which shall govern the performance of their officers,
employees or agents engaged in the award and administration of
contracts supported by Federal funds. No employee,• officer or
agent of the grantee shall participate in selection, or in the
award or administration of a contract supported by Federal funds
if a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family;
C. His or her partner; or
d. An organization which employs, or is about to employ,
any of the above, has a financial or other interest in the firm
selected for award.
The grantee's officers; employees or agents shall neither
solicit nor accept gratuities, favors or anything of monetary
value from contractors, potential contractors, or parties to
subagreements.
Grantees may set minimum rules where the financial interest
is not substantial or .the gift is an unsolicited item of nominal
intrinsic value.
To the extent permitted by State or local law or regulations,
such standards of conduct shall provide for penalties, sanctions,
or other disciplinary actions for violations of such standards by
the grantee's officers, employees, or agents, or by'contractors,
or their agents.
S. Procurement Procedures
The grantee shall establish procurement procedures which
provide that proposed procurement actions shall be reviewed by
grantee officials to avoid the purchase of unnecessary or
duplicative items. Consideration should be given- to
consolidation or breaking out to obtain a more economical
purchase. Where appropriate, an analysis shall be made of lease
versus purchase alternatives, and any other appropriate analysis
to determine which approach would be the most economical. To
foster greater economy and efficiency, grantees are encouraged to
enter into State and local intergovernmental agreements for
procurement or use of common goods and services.
(No. A-102)
D-3-104
�
Appendix D-3
9. Contracting with Small and
Minority Firms,','-Women's
Business
Enterprise and Labor Surplus Area Firms
a., It is national policy
to award a
fair share of
contracts
to small and minority business
firms. Accordingly,
affirmative
steps must be taken to assure
that small
and minority businesses
are utilized when possible as
sources of
suppliers,
equipment,
construction and services.
Affirmative
steps shall
include the
following:
(1) Including qualified small and minority businesses on
solicitation lists.
(2) Assuring that small and minority businesses are
solicited whenever they are potential sources.
(3) When economically feasible, dividing total requirements
into smaller tasks or quantities so as to permit maximum small
and minority business participation.
(4) Where the requirement permits, establishing delivery
schedules which will encourage participation by small and
minority business.
(5) Using the services and assistance of the Small Business
Administration, the Office of Minority Business Enterprise of the
the Department of Commerce and . the Community Services
Administration as required.
(6) If any subcontracts are to be let, requiring the prime
contractor to take the affirmative steps in 1 through 5 above.
b. Grantees shall take similar appropriate affirmative -
action in support of women's business enterprises.
C. Grantees are encouraged to procure goods and services
from labor surplus areas.
d. Grantor agencies may impose additional regulations and
requirements in the foregoing areas only to the extent
specifically mandated by statute or presidential direction.
10. Selection Procedures
a. All procurement transactions, regardless of whether by
sealed bids or by negotiation and without regard to dollar value,
shall' be conducted in a manner that provides maximum open and
(No. A-102)
D-3-105
Appendix D-3
freecompetition consistent with this*Attachment..M ,Procurement
procedures shall not restrict or« eliminate competition. Example
of what is considered to be restrictive of competition include,
but are not limited to: (1) placing unreasonable requirements on
firms in order for them to qualify to do business; (2)
noncompetitive practices between firms; (3) organizational
conflicts of interest; and (4) unnecessary experience and bonding
requirments.
b. The grantee shall have written selection procedures
which shall provide, as •a minimum, the following procedural
requirements:
(2) Solicitations of offers, whether_by competitive sealed
bids or competitive negotiation shall:
(a) Incorporate a clear -and accurate description of the
technical requirements for the material, product, or service to
be procured. Such description shall not, in competitive
procuremepts, contain features which unduly restrict competition.
The description may include a statement of the qualitative nature
of the material, product or service to be procured, and when
necessary, shall 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. When it is impractical or
uneconomical to make a clear and accurate description of the
technical requirements, a "brand name or equal" description may
be used as a means to define the performance or other salient
requirements of a procurement. The specific features of the
named brand which must be met by offerors shall be clearly
stated.
(b) Clearly set forth all requirements which offerors must
fulfill and all other factors to be used in evaluating bids or
proposals.
(2) Awards shall be made only to responsible contractors
that possess the potential ability to perform successfully under
the terms and conditions of a proposed procurement.
Consideration shall be given to such matters as contractor
integrity, compliance with public policy, record of past
performance, and financial and technical resources.
11. Method Procurement
(No. A-102)
^; D-3-106
Appendix D-3
7
Procurement under grants shall be made by .one of the.
following methods, as described herein: (a) small purchase
procedures; (b) competitive sealed bids (formal advertising); (c)
competitive negotiation; (d) noncompetitive negotiation.
a. Small purchase procedures are those - relatively simple
and informal procurement methods that are sound and appropriate
for a procurement of services, supplies or other property,
costing in the aggregate not more than $10,000. Grantees shall
comply with State or local small purchase dollar limits under
$10,000. If small purchase procedures are used for a procurement
under a grant, price or rate quotations shall be obtained from an
adequate number of qualified sources.
b. In competitive sealed bids (formal advertising), sealed.
bids are publicly solicited and a firm -fixed -price contract (lump
sum or unit price) is awarded to the responsible bidder whose
bid, conforming with all the material terms and conditions of the
invitation for bids, is lowest in price.
.(I). In order for formal advertising to be feasible,
appropriate conditions must be present, including, as a minimum,
the following:
(a) A complete, adequate and realistic specification or
purchase description is available.
(b) Two or more responsible suppliers are willing and able
to compete effectively for the grantee's business.
(c) The procurement lends itself to a firm -fixed -price
contract, and . selection of the successful . bidder can
appropriately be made principally on the basis of price.
(2) If formal advertising is used for a procurement under a
grant the following requirements shall apply:
(a) A sufficient time prior to the date set for opening of
bids, bids shall be solicited from an adequate number of known.
suppliers. In addition, the invitation shall be publicly
advertised.
(b) 'The invitation for bids, including specifications and
pertinent attachments, shall clearly define the items or services
needed in order for the bidders to properly respond to the
invitation.
(No. A-102)
D-3-107
Appendix D-3
8
(c) All bids shall be opened publicly at the time and place
stated in the invitation for bids.
(d) A firm -fix -price contract award shall be made by written
notice to that responsible bidder whose bid, conforming to the
invitation for bids, is lowest. Where specified in the bidding
documents, factors such as discounts, transportation costs and
life cycle costs shall be considered in determining which bid is
lowest. Payment discounts may only be used to determine low bid
when prior experience of the grantee indicates that such
discounts are generally taken.
(e) Any or all bids may be rejected when there are sound
documented business reasons in the best interest of the program.
C. In competitive negotiation, proposals are requested from
a number of sources and the Request for Proposal is publicized,
negotiations are normally conducted with more than one of the
sources submitting offers, and either a fixed -price or
cost -reimbursable type contract is awarded, as appropriate.
Competitive negotiation may be used if conditions are not
appropriate for the use of formal advertising. •If competitive
negotiation is used for a procurement under a grant, the
following requirements shall apply:
(1) Proposals shall be solicited from an adequate number of
qualified sources to permit reasonable competition consistent
with the nature and requirements of the procurement. The Request
for Proposal shall be publicized and reasonable requests by other
sources to compete shall be honored to the maximum extent
practicable.
(2) The Request for Proposal shall identify all significant
evaluation factors, including price or cost where required and
their relative importance.
(3) The grantee shall provide mechanisms for technical
evaluation of the proposals received, determinations of
responsible offerors for the purpose of written or oral
discussions, and selection for contract award.
(4) Award may be made to the responsible offeror whose
proposal will be most adavantageous to the procuring party, price
and other factors considered. Unsuccessful offerors should be
notified promptly.
(No. A-102)
D-3-108
Appendix D-3
(5) Grantees may utilize*competitive negotiation procedures'
for procurement —of architectural/engineering - professional
services, whereby competitors' qualifications are evaluated and
the • most qualified competitors' is selected, subject to
negotiation of fair.and reasonable compensation.
d. 'Noncompetiti.ve' negotiation is procurement through
solicitation of a proposal from only one source, or after
soliciation of a number of sources, competition is determined
inadequate. Noncompetitive negotiation may be used when the
award of -a...contract..is infeasible under small purchase,
competitive bidding . (formal . advertising) or 'competitive
negotiation procedures. Circumstancee under which a contract may
be awarded by noncompetitive.- negotiation 'are limited to the
following:
(1) The item is available only from a single source;
(2) Public exigency or emergency when the urgency for 'the
requirement will not permit.. a delay incident to competitive
solicitation;
(3) The Federal grantor agency authorizes noncompetitive
negotiation; or
(4) After soliciation of a number of sources, competition is
determined.inadequate.
e. Additional.ihnovative procurement methods may be used by
grantees with the approval of the grantor agency. A copy of such
approval shall be sent to the OFPP. "
12. Contract Pricing
The cost plus a percentage of cost and. percentage of
construction cost method of contracting shall not be used.
Grantees shall.perform some form of cost or price analysis in
connection with every procurement action including contract
modifications. Costs or prices based on estimated costs for
contracts under grants.shall be allowed only to the extent that
costs incurred or cost estimates included in negotiated prices
are consistent with Federal cost principles.
23. Grantee Procurement Records
Grantees shall maintain- records sufficient to detail the
significant history of a procurement. These records shall
(No. A-102)
D-3-109
•� Appendix D-a
10
include, but are not necessarily limited to information pertinent
to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection,
and the basis for the cost or'price'.
24. Contract Provision
In addition to provisions defining a sound and complete
procurement contract, any recipient of Federal grant funds shall
include the following contract provisions or- conditions in all
procurement contracts and subcontracts as required by the
provision, Federal law_or the grantor agency.
R. Contracts other than small purchases shall contain
provisions or conditions which will allow for administrative,
contractual, or legal remedies in instances where contractors
violate or'breach contract terms, and provide for such sanctions
and penalties as may be appropriate.
b.. All contracts in excess of $10,000 shall contain
suitable provisions for termination by the. grantee including the
manner by which it will be effected and the basis for settlement.
In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions
where the contract may be terminated because of circumstances
beyond the control of the contractor.
C. All contracts awarded in excess of $10,000 by grantees
and their contractors or subgrantees shall contain a provision
requiring compliance with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 1i375, and
as supplemented in Department of Labor regulations (41 CFR Part
60).
d. All contracts and subgrants for.construction or repair
shall include a provision for compliance with the Copeland "Anti -
Kickback" Act (18 USC 874) as supplemented in Department of,Labor
regulations (29 CFR, Part 3). This Act provides that each
contractor or subgrantee shell be prohibited from inducing, by
any means,. any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation
to which he is otherwise entitled. The grantee shall report all
suspected.or reported.violations to the.grantor agency.
e. When required by the Federal grant program legislation,
all construction contracts in excess of $2,000 awarded by
grantees and subgrantees shall include a provision for compliance
(No:'A-102)
D-3-110
Appendix D-3
• 11
with the Davis -Bacon Act•(40 USC 276a to a-7) as supplemented by
Department of Labor:regulations (29 C£R, Part 5). .Under this Act
contractors shall', be ' required! to '- pay wages to laborers and
mechanics at a rate not` -less -than the minimum wages specified in
a wage determination' made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less
often than once a week. The grantee shall place a copy of the
current prevailing wage determination issued by the Department of
Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The
grantee shall report all suspected or reported violations to the
grantor agency..
f. Where applicable,'all contracts awarded by grantees and
subgrantees in excess of $2,000 for construction contracts and in
excess of $2,500 for other contracts which involve the employment
of mechanics or laborers shall include a provision for compliance
with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) as supplemented by Department of
s Labor .regulation(29 CFR, Part 5). Under Section 103 of the
Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of standard workday of 8
hours and a standard workweek of 40 hours. Work in excess of the
standard workday or workweek is permissible provided that the
worker -is compensated at a rate of not less than 1=1/2 times the
basic rate of pay for all hours worked in excess of 8 hours in
any calendar day or 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or
dangerous - to - his health and safety as determined under
construction, safety and health standards promulgated by the
Secretary of Labor. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or
transmission -of intelligence.
•
g. The contract shall include notice of grantor agency
requirements and regulations pertaining to reporting and patent
rights under any contract involving research, developmental,
experimental or demonstration work with respect to any, discovery
or invention which arises or is developed in the course of or
under such contract, and of grantor agency requirements and
regulations pertaining to copyrights and rights in data.
h. All negotiated contracts (except those awarded by small
purchase procedures) awarded by grantees shall include- a
(No.•A-102)
D-3-111
•..,,, Appendix D-3
12
provision to the effect that -the grantee, the Federal grantor
agency, -the- 'Comptroller General of the United States, or any of
their duly authorized representatives,...shall have access to any
books,- documents, papers, and records of the contractor which are
directly pertinent to that specific contract, for the purpose of
making audit,- examination, excerpts, and transcriptions.
Grantees shall require contractors to maintain all
required..- records for three years after grantees make final
payments and all other pending matters are closed.
i. Contracts, subcontracts, and subgrants of amounts in
excess of $100,000 shall contain a provision which requires
compliance with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air"Act (42 USC 1857(h)),
Section 508 of the Clean Water Act (33 USC 1368), EXecutive Order
11738, and Environmental Protection Agency regulations (40 CFR,
Part 15), which prohibit. the use under non-exempt Federal
contracts, grants or loans of facilities included on the EPA List
of Violating Facilities. The provision shall require reporting
of violations to the grantor .agency and to the USEPA Assistant
Administrator for Enforcement (EN-329).
J. -Contracts shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (P.L. 94-163).
Grantor agencies are permitted to require changes,
remedies, changed conditions, access and record retention and
suspension of work clauses approved by -the Office of Federal
Procurement Policy.-
15. Contract Administration
Grantees shall maintain a contract administration system
ensuring that contractors perform in accordance with the terms,
conditions, and specifications of their contracts or purchase
orders.
(No. A-102)
C:
D-3-112