Orange County NC Website
DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> eCFR —Code of Federal Regulations htips://www,ecfr.govlcgi-bin/text-idx?SID=74dOb65502c549f3cildf... <br /> nature and size of the project,to compete for the contract. <br /> (c)The non-Federal entity must have written procedures for procurement transactions.These procedures must <br /> ensure that all solicitations: <br /> (1)Incorporate a clear and accurate description of the technical requirements for the material,product,or service to <br /> be procured.Such description must not,in competitive procurements,contain features which unduly restrict competition. <br /> The description may Include a statement of the qualitative nature of the material,product or service to be procured and, <br /> when necessary,must set forth those minimum essentlal characteristics and standards to which It must conform if It Is to <br /> satisfy its intended use.Detailed product specifications should be avoided if at all possible.When it is impractical or <br /> uneconomical to make a clear and accurate description of the technical requirements,a"brand name or equivalent" <br /> description may be used as a means to define the performance or other salient requirements of procurement.The specific <br /> features of the named brand which must be met by offers must be clearly stated;and <br /> (2)Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or <br /> proposals. <br /> (d)The non-Federal entity must ensure that all prequalified fists of persons,firms,or products which are used in <br /> acquiring goads and services are current and Include enough qualified sources to ensure maxlmum open and free <br /> competlllon.Also,the non-Federal entity must not preclude potential bidders from qualifying during the sclicitation period. <br /> f78 FR 78648,Dec.26,2013.as amended at 79 FIR 75885,Dec. 19,2014] <br /> §200,320 Methods of procurement to be followed. <br /> The non-Federal entity must use one of the following methods of procurement. <br /> (a)Procurement by micro-purchases.Procurement by micro-purchase is the acquisition of supplies or services,the <br /> aggregate dollar amount of which does not exceed the micro-purchase threshold(§200.67 Micro-purchase).To the extent <br /> practicable,the non-Federal entity must distribute micro-purchases equitably among qualified suppliers.Micro-purchases <br /> may be awarded without sollelting competltive quotations if the non-Federal entity considers the price to be reasonable. <br /> (b)Procurement by small purchase procedures.Small purchase procedures are those relatively simple and informal <br /> procurement methods for securing services,supplies,or other property that do not cost more than the Simplified <br /> Acquisition Threshold.If small purchase procedures are used,price or rate quotations must be obtained from an adequate <br /> number of qualified sources. <br /> (c)Procurement by sealed bids(formal advertising).Bids are publicly solicited and a firm fixed price contract(lump <br /> sum or unit price)Is awarded to the responsible bidder whose bid,conforming with all the material terms and conditions of <br /> the lnvltatlon for bids,Is the lowest In price.The sealed bid method is the preferred method for procuring construction,If <br /> the conditions in paragraph(cx1)of this section apply. <br /> (1)In order for sealed bidding to be feasible,the following conditions should be present: <br /> (€)A complete,adequate,and realistic specification or purchase description is available: <br /> (11)Two or more responsible bidders are willing and able to compete effectively for the business;and <br /> (ill)The procurement lends itself to a firm fixed price contract and the selection of the suocessful bidder can be made <br /> principally on the basis of price. <br /> (2)If sealed bids are used,the following requirements apply: <br /> (I)Bids must be solicited from an adequate number of known suppliers,providing them sufficient response time prior <br /> to the date set for opening the bids,for local,and tribal governments,the Invitation for bids must be publicly advertised; <br /> (Il)The invitation for bids,which will include any speclficallons and pertinent attachments,must define the items or <br /> services in order for the bidder to property respond; <br /> (III)All bids will be opened at the time and place prescribed In the Invitation for bids,and for local and tribal <br /> governments,the bids must be opened publicly; <br /> (lv)A firm fixed price contract award will t7e made In writing to the lowest responsive and responsible bidder.Where <br /> specified in bidding documents,factors such as discounts,transportation crest,and life cycle costs must be considered In <br /> determining which bid is lowest.Payment discounts will only be used to determine the low bid when prior experience <br /> Indicates that such discounts are usually taken advantage of;and <br /> 3 of 6 8/15/17, 12.16 PM <br />