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17 <br /> ORANGE COUNTY <br /> NOR C-1R0I.I N <br /> procurement combining both the design services and the construction <br /> activities. However, the type of service (design services vs. construction) with <br /> the greatest cost shall determine the procurement method used. When <br /> construction costs are predominant, OPT will use the competitive sealed <br /> formal bid method of procurement explained in Section V.D. of this manual. <br /> When design service costs are predominant, OPT will use qualifications- <br /> based competitive proposal procedures based on the Brooks Act. <br /> G. Non-Competitive Procurements (Sole Source) <br /> Non-competitive (sole source) procurements are accomplished through <br /> solicitation and acceptance of a proposal from only one source when a <br /> contract award is inadequate or infeasible under other procurement methods <br /> and at least one of the following conditions exists: <br /> 1. The item or service is only available from a single source; <br /> 2. An exigency or emergency situation will not permit a delay from <br /> competitive bidding; <br /> 3. FTA authorizes non-competitive negotiations; or <br /> 4. Competition is deemed inadequate. <br /> A contract amendment or change order that is not within the scope of the <br /> original contract is considered a sole source procurement. In this case, OPT <br /> must justify why an amendment is the only feasible course of action and must <br /> comply with FTA requirements for cost analysis and profit negotiation. If the <br /> item to be procured is an associated capital maintenance item and is <br /> purchased directly from the original manufacturer or supplier of the item to be <br /> replaced, a sole source procurement is permissible, provided the <br /> manufacturer or supplier is the only source for said item and the price paid is <br /> no higher than the usual price paid for said item by like customers. A cost <br /> analysis is required for each sole source acquisition, except when price <br /> reasonableness of the proposed contract can be justified on the basis of a <br /> catalog or market price of a commercial product sold in large quantities to the <br /> general public, or when a law or regulation has established a price. <br /> H. Options <br /> An option is a unilateral right in a contract by which, for a specified period of <br /> time, OPT may elect to purchase additional equipment, supplies, or services <br /> called for by a contract, or may elect to extend the term of a contract. The use <br /> 15 <br />