Laserfiche WebLink
PART 18 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOP... Page 26 of 38 <br />(4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only <br />one source, or after solicitation of a number of sources, competition is determined inadequate. <br />(i) Procurement by noncompetitive proposals may be used only when the award of a contract is <br />infeasible under small purchase procedures, sealed bids or competitive proposals and one of the <br />following circumstances applies: <br />(A) The item is available only from a single source; <br />(B) The public exigency or emergency for the requirement will not permit a delay resulting <br />from competitive solicitation; <br />(C) The awarding agency authorizes noncompetitive proposals; or <br />(D) After solicitation of a number of sources, competition is determined inadequate. <br />(ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the <br />evaluation of the specific elements of costs and profits, is required. <br />(iii) Grantees and subgrantees may be required to submit the proposed procurement to the awarding <br />agency for pre -award review in accordance with paragraph (g) of this section. <br />(e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms. <br />(1) The grantee and subgrantee will take all necessary affirmative steps to assure that minority firms, <br />women's business enterprises, and labor surplus area firms are used when possible. <br />(2) Affirmative steps shall include: <br />(i) Placing qualified small and minority businesses and women's business enterprises on solicitation <br />lists; <br />(ii) Assuring that small and minority businesses, and women's business enterprises are solicited <br />whenever they are potential sources; <br />(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br />permit maximum participation by small and minority business, and women's business enterprises; <br />(iv) Establishing delivery schedules, where the requirement permits, which encourage participation <br />by small and minority business, and women's business enterprises; <br />(v) Using the services and assistance of the Small Business Administration, and the Minority <br />Business Development Agency of the Department of Commerce; and <br />(vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed <br />in paragraphs (e)(2) (i) through (v) of this section. <br />(f) Contract cost and price. <br />(1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement <br />action including contract modifications. The method and degree of analysis is dependent on the facts <br />surrounding the particular procurement situation, but as a starting point, grantees must make independent <br />estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is <br />http: / /www. dot .gov /ost/m60 /grant/49cfr18.htm 8/30/2012 <br />