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Res 1998-023
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Res 1998-023
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9/11/2006 3:08:09 PM
Creation date
9/11/2006 3:07:27 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-23
Date
1/26/1998
Volume Book
131
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<br />LJQCUment viewer <br /> <br />http://wwvv.hudCllps.org/sub_nonnud...CF96&u=.It1UdCllpS.cgl&p= 1 &r=30&f=G <br /> <br />independent estimates before receiving bids or proposals. A cost <br />analysis must be performed when the offeror is required to submit the <br />elements of his estimated cost, e.g., under professional, consulting, <br />and architectural engineering services contracts. A cost analysis will <br />be necessary when adequate price competition is lacking, and for sole <br />source procurements, including contract modifications or change orders, <br />unless price reasonableness can be established on the basis of a catalog <br />or market price of a commercial product sold in substantial quantities <br />to the general public or based on prices set by law or regulation. A <br />price analysis will be used in all other instances to determine the <br />reasonableness of the proposed contract price. <br />(2) Grantees and subgrantees will negotiate profit as a separate <br />element of the price for each contract in which there is no price <br />competition and in all cases where cost analysis is performed. To <br />establish a fair and reasonable profit, consideration will be given to <br />the complexity of the work to be performed, the risk borne by the <br />contractor, the contractor's investment, the amount of subcontracting, <br />the quality of its record of past performance, and industry profit rates <br />in the surrounding geographical area for similar work. <br />(3) Costs or prices based on estimated costs for contracts under <br />grants will be allowable only to the extent that costs incurred or cost <br />estimates included in negotiated prices are consistent with Federal cost <br />principles (see Sec. 85.22). Grantees may reference their own cost <br />principles that comply with the applicable Federal cost principles. <br />(4) The cost plus a percentage of cost and percentage of <br />construction cost methods of contracting shall not be used. <br />(g) Awarding agency review. (1) Grantees and subgrantees must make <br />available, upon request of the awarding agency, technical specifications <br />on proposed procurements where the awarding agency believes such review <br />is needed to ensure that the item and/or service specified is the one <br />being proposed for purchase. This review generally will take place prior <br />to the time the specification is incorporated into a solicitation <br />document. However, if the grantee or subgrantee desires to have the <br />review accomplished after a solicitation has been developed, the <br />awarding agency may still review the specifications, with such review <br />usually limited to the technical aspects of the proposed purchase. <br />(2) Gr~ntees and subgrantees must on request make available for <br />awarding agency pre-award review [prev Hitl [Next Hitlprocurement documents, such as <br />for proposals or invitations for bids, independent cost estimates, etc. <br />when: <br />(i) A grantee's or subgrantee's [prev Hitl [Next Hitlprocurement procedures or op <br />fails to comply with the [Prev Hitl [Next Hitlprocurement standards in this section; <br />(ii) The [prev Hitl [Next Hitlprocurement is expected to exceed the simplified <br />acquisition threshold and is to be awarded without competition or only <br />one bid or offer is received in response to a solicitation; or <br />(iii) The [Prev Hitl [Next Hitlprocurement, whiGh is expected to exceed the simpl <br />acquisition threshold, specifies a "brand name" product; or <br />(iv) The proposed award is more than the simplified acquisition <br />threshold and is to be awarded to other than the apparent low bidder <br />under a sealed bid -rPrev Hitl [Next Hitlprocurement; or <br />(v) A proposed contract modification changes the scope of a contract <br />or increases the contract amount by more than the simplified acquisition <br />threshold. <br />(3) A grantee or subgrantee will be exempt from the pre-award review <br />in paragraph (g) (2) of this section if the awarding agency determines <br />that its [Prev Hitl [Next Hitl~rocurement systems comply with the standards of this s <br />(i) A grantee or subgrantee may request that its [prev Hitl [Next Hitlprocurement <br />be reviewed by the awarding agency to determine whether its system meets <br />these standards in order for its system to be certified. Generally, <br />these reviews shall occur where there is a continuous high-dollar <br />funding, and third-party contracts are awarded on a regular basis. <br />(ii) A grantee or subgrantee may self-certify its [prev Hitl [Next Hitlprocuremen <br />right to survey the system. Under a self-certification procedure, <br />awarding agencies may wish to rely on written assurances from the <br />grantee or subgrantee that it is complying with these standards. A <br />grantee or subgrantee will cite specific procedures, regulations, <br />standards, etc., as being in compliance with these requirements and have <br />its system available for review. <br />(h) Bonding requirements. For construction or facility improvement <br /> <br />5 of 7 <br /> <br />01/07/9810:00:04 <br />
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