Non-Competitive Proposals (Sole Source Clause Samples
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Non-Competitive Proposals (Sole Source procurement through solicitation of a proposal from only one source, when that vendor has proprietary goods, or after solicitation of a number of sources, competition is determined inadequate. Each recipient/subrecipient/subgrantee shall minimize the use of sole source procurement to the extent practicable, but in every case, the use of sole source procurement shall be justified and documented and in accordance with its procurement policies. Procurement by non-competitive proposals may be used only when the award of a grant/ contract is infeasible under small purchase procedures, sealed bids, or competitive proposals. All methods should be exhausted before a non-competitive procurement can be determined. The recipient/subrecipient/subgrantee shall perform cost or price analysis in connection with every procurement action, including grant/contract modifications. The methods and degree of analysis depends on the facts surrounding the particular procurement and pricing situation, but at a minimum, the recipient/subrecipient/subgrantee shall make independent estimates before receiving bids or proposals. Procurement under the Act shall not permit excess program income for non-profit and governmental entities or excess profit for private-for-profit entities. The "cost plus a percentage of cost" method of procurement is prohibited under this Agreement. The recipient/subrecipient/subgrantee shall conduct and document oversight to ensure compliance with the procurement standards, in accordance with the requirements of the WIOA Regulations. Each recipient/subrecipient/subgrantee shall maintain records sufficient to detail the significant history of a procurement. These records shall include:
(1) rationale for the method of procurement;
(2) the selection of contract type; and
(3) contractor selection or rejection and the basis for the grant/contract type. All methods of procurement must include language to ensure that all recipients/ subrecipients/subgrantees are fully aware of the Jobs for Veterans requirements and of their obligation to design and deliver services accordingly. Such language may include: The recipient/subrecipient/subgrantee shall comply with all applicable provisions of the Act; regulations; 2 CFR 200; and issuances and Instructions from the Awarding Entity in implementing its procurement system. Recipients/subrecipients/subgrantees should not enter into agreements/contracts/ grants/awards/sub-awards or similar types of written contracts, or transf...
Non-Competitive Proposals (Sole Source. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Procurement by noncompetitive proposals may be used only when the award of a contract is feasible under the small purchase procedures, sealed bids or competitive proposals and one of the following circumstances apply:
1. The item is available only from a single source;
2. A public emergency or conditions requiring urgency existed which did not permit the use of competitive procurement; or
3. Competition was determined to be inadequate after solicitation of proposals from a number of sources and only a single source responded. A formal written request must be submitted to State Community Development Block Grant (CDBG) Program or HOME (HOME) Program staff, respectively, along with documentation that sufficient outreach efforts have been made demonstrating there are not enough interested parties in the area who want to bid on the scope of work. If the State agrees that sufficient outreach has been done and only one bidder is available to do the CDBG or HOME funded activity, then State staff will give formal approval of single or sole source procurement