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DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C <br />Attachment D — Program and Special Conditions <br />9. For construction procurement, if other funding sources will be included in the bid documents, the activities to be <br />paid for with CDBG funds must be shown separately so that the bid proposal identifies the CDBG activities and <br />the amount of the contract to be reimbursed with CDBG funding. <br />10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the <br />available funds, the Recipient can apply one or more deductive bid alternates to determine the low, responsive and <br />responsible bidder. The Recipient can reject all bids if they exceed the available funds and republish the notice. <br />11. The Recipient shall request approval of all professional services contracts and/or agreements that will be <br />reimbursed with CDBG funds. Copies of the following procurement documents must be provided to DEO for <br />review: <br />a. A copy of the Request for Proposals (RFP); <br />b. A copy of the RFP advertisement, including an affidavit of publication from the newspaper; <br />c. A list of entities to whom a notification of the RFP was provided by mail or fax (if applicable); <br />d. Documentation of all efforts to get VIBE/WBE firms to submit proposals; <br />e. For engineering/architecture contracts, a list of firms that submitted a proposal (only if short -listing procedure <br />was used); <br />f. Completed and signed final evaluation/ranking forms for all firms submitting a proposal and a scoring <br />summary sheet; <br />g. A copy of the cost analysis for administrative services procurements, or if multiple responses to the RFP were <br />received, a copy of the price analysis; <br />h. A copy of a cost analysis for all procurements of engineering services; <br />i. A copy of the minutes from the commission/council meeting approving contract award; j. A copy of <br />the proposed contract; <br />k. Truth -in -Negotiation certification (if not in the contract) for engineering contracts over $150,000; <br />1. If a protest was filed, a copy of the protest and documentation of resolution; <br />m. The Recipient shall request DEO's approval of a single source procurement if only one firm was considered <br />and the contract exceeds $35,000. The Recipient shall not enter into a contract to be paid with CDBG funds <br />based on a sole source or single proposal procurement without prior written approval from DEO. Failure to <br />secure prior written approval shall relieve DEO of any obligation to fund the said procurement contract or <br />agreement. DEO shall disallow any payments to the Recipient to fund any contract or agreement based on a <br />sole source or single proposal procurement for which the Recipient has not obtained DEO's approval; and <br />n. If a regional planning council or another local government is selected to administer subgrant activities, the <br />Recipient shall submit only a copy of the contract or agreement and cost analysis information. <br />DEO will either approve the procurement or notify the Recipient that the procurement cannot be approved <br />because it violates State, Federal, or local procurement guidelines. <br />The Recipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement <br />if it will not be procuring any professional services or if it will be using non-CDBG funds to pay for professional <br />services. <br />38 <br />100 <br />