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2011-015
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II. PROCUREMENT STANDARDS <br />A. GENERAL STANDARDS <br />Except as otherwise provided by law, procurement awards shall be made only on the basis of <br />requirements and evaluation factors that are directly related to the price, quantity, or quality of the <br />commodities or services or the ability of the prospective supplier or contractor to perform under the <br />agreement. <br />Procurement procedures prohibit the dividing of the procurement of a good or service into a <br />number of smaller groups in order to avoid the more stringent requirements of a higher dollar category <br />(refer to s. 287.057(8), Fla. Stat. (1994 supp.)). However, this provision is not to conflict with the <br />provision of 24 C.F.R. s. 85.36(e) that the subgrantee take all necessary affirmative steps to assure that <br />minority firms, women's business enterprises and labor surplus area firms are offered the opportunity to <br />participate to the maximum practicable extent. <br />B. COMPETITION <br />All procurement transactions will be conducted in a manner providing full and open competition <br />consistent with standards of Section 85.36 of the C.F.R. Some of the situations considered to be restrictive <br />of competition include but are not limited to: <br />1. placing unreasonable requirements on firms in order for them to qualify to <br />do business, <br />2. requiring unnecessary experience and excessive bonding, <br />3 noncompetitive pricing practices between firms or between affiliated <br />companies, <br />4. noncompetitive awards to consultants that are on retainer contracts, <br />5. organizational conflicts of interest, <br />6. specifying only a "brand name" product instead of allowing "an equal" <br />product to be offered, and <br />7. any arbitrary action in the procurement process. <br />3 <br />
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