Res 1999-188 - Laserfiche WebLink

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sealed bids or competitive proposals and one of the following circ~mstances applies: 'h) The item is available only from a single source; (8) The public exigency or emergency for the requirement will not pe~.~t a delay resulting from compe~itive solicitation; 'C) The awarding agency authorizes noncompetitive proposals; or 'D) After solicitation of a nurrber of sources, competition is determined inadequate. 'ii) Cost analysis, i.e., veriE/ing the proposed cost data, the pro~ections of the data, and the evaluation of the specific elements of cos~s and profits, is required. liii) Grantees and subgrantees ~ay be required to submit the proposed procurement to the awarding agency for pre-a~ard review in acc~rdance with paragraph (g) of this section. 'e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1) The grantee and subgrantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's busi~ess enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and ~omen's busi~ess enterprises are solicited ~henever they are poter.:ial sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e) (2) (i) through (v) of this section. [ [Page 415]) (f) Contract cost and price. (1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement action including contract modifications. Th~ method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price. (2) Grantees and subgrantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases ~here cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, .;: ('\ f ~ ..l'l:QO:,-,:::