SECTION F: FACILITY EXPANSION
PROGRAM
FA |
PROCUREMENT |
P.2 |
FAA |
PROCUREMENT OF COMPETITIVIE PROPOSALS |
P.2 |
FAB |
PROCUREMENT OF NONCOMPETITIVE PROPOSALS |
P.2 |
FAC |
PROCUREMENT OF SEALED BIDS |
P.3 |
FC |
CONTRACT AND COST PRICE |
P.4 |
FCA |
CONTRACT PROVISIONS |
P.4 |
FD |
AWARDING AGENCY REVIEW |
P.6 |
FDC |
NAMING NEW FACILITIES |
P.7 |
FE |
BONDING REQUUIREMENTS |
P.7 |
FEAB |
ARCHITECTS |
P.7 |
FGBC |
BOARD MEMBER CONFLICT OF INTEREST IN THE BIDDING PROCESS |
P.8 |
FGBD |
BOARD MEMBER DISCIPINARY ACTION FOR VIOLATION OF CODE OF CONDUCT |
P.8 |
FGDB |
CONTRACT AWARD PROCEDURE |
P.8 |
FGEB |
LIABILITY |
P.9 |
FGI |
BUILDING PROJECT RECORDS AND REPORTS |
P.9 |
FH |
COMPLETED PROJECT |
P.10 |
FI |
TEMPORARY FACILITIES |
P.10 |
PROCUREMENT FA
Procurement: When
procuring property and services under a grant, 43 CFR Part 12 Section 12.76
will be followed. (43 CFR Part 12
Attached.)
PROCUREMENT OF COMPETITIVE PROPOSALS FAA
Procurement of competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
(1) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical;
(2) Proposals will be solicited from an adequate number of qualified sources;
(3) Grantees and subgrantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees;
(4) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and
(5) Grantees
and subgrantees may use competitive proposal procedures for
qualifications-based procurement of architectural/engineering (A/E)
professional services whereby competitors’ qualifications are evaluated and the
most qualified competitor is selected, subject to negotiation of fair and
reasonable compensation. The method,
where price is not used as a selection factor, can only be used in procurement
of A/E professional services. It cannot
be used to purchase other types of services though A/E firms are a potential
source to perform the proposed effort.
PROCUREMENT OF NONCOMPETITIVE PROPOSALS FAB
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.
(1) Procurement by non competitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies:
· The item is available only from a single source.
· The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation.
· The awarding agency authorizes noncompetitive proposals.
· After solicitation of a number of sources, competition is determined inadequate.
(2) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required.
(3) Grantees and subgrantees may be required to submit the proposed procurement to the awarding agency for pre-award review.
Bids are publicly solicited and a firm-fixed-price contract is awarded to the responsible bidder who bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The following should be present:
(1) A complete, adequate, and realistic specification or purchase description is available.
(2) Two or more responsible bidders are willing and able to compete effectively for the business.
(3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
The following are the requirements:
(1) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of know suppliers, providing them sufficient time prior to the date set for opening the bids.
(2) The invitation for bids which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond.
(3) All bids will be publicly opened at the time and place prescribed in the invitation for bids.
(4) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of.
(5) Any or all bids may be rejected if there is a sound documented reason.
CONTRACT COST AND PRICE FC
(1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price.
(2) Grantees and subgrantees will negotiate profit as a separate element of the price for each contract in which there is not price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles. Grantees may reference their own cost principles that comply with the applicable Federal cost principles.
(4) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.
A grantee’s and
subgrantee’s contracts must contain such provisions as; changes, remedies,
changed conditions, access and records of retention, suspension of work, and
other clauses. In detail:
(1)
Administrative,
contractual or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts other that small purchases.)
(2)
Termination for
cause and for convenience by the grantee or subgrantee including the manner by
which it will be effected and the basis for settlement. (All contracts in
excess of $10,000).
(3)
Compliance with
Executive Order 11246 of September 24, 1965 entitled “Equal Employment
Opportunity”, as amended by Executive Order 11375 of October 12, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess
of $10,000 by grantees and their contractors or subgrantees).
(4)
Compliance with
the Copeland “Antikickback” Act (18 U.S.C. 874) as supplemented in Department
of Labor regulations (29 CFR Part 3). (All contracts and subgrants for
construction or repair).
(5)
Compliance with
the Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of
Labor regulations (29 CFR Part 5).
(Construction contracts in excess of $2000 awarded by grantees and
subgrantees when required by Federal grant program legislation.
(6)
Compliance with
sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
USC 327-330) as supplemented by Department of Labor regulations (29 CFR Part
5). (Construction contracts awarded by grantees and subgrantees in excess of
$2000 and in excess of $2500 for other contracts which involve the employment
of mechanics or laborers).
(7)
Notice of
awarding agency requirements and regulations pertaining to reporting.
(8)
Notice of
awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course
of or under such contract.
(9)
Notice of
awarding agency requirements and regulations pertaining to copyrights and
rights in data.
(10)Access by the grantee, the subgrantee, the
Federal grantor agency, the Comptroller General of the United States, or any of
their duly authorized representatives to any books, documents, papers and
records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts and
transcriptions.
(11)Retention of all required records for three
years after grantees or subgrantees make final payments and all other pending
matters are closed.
(12) Compliance with all application standards,
orders, or requirements issued under section 306 of the Clear Air Act, section
308 of the Clean Water Act, Executive Order 11738 and Environmental Protection
Agency regulations. (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
(13) Mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
AWARDING AGENCY REVIEW FD
(1) Grantees and subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or subgrante4e desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchases.
(2) Grantee and subgrantees must on request make available for awarding agency pre-award review procurement documents, such as requests for proposals pr invitation for bids, independent cost estimates, etc. when:
(3) A grantee or subgrantee will be exempt from the pre-award review if the awarding agency determines that its procurement systems comply with the standards of this section.
NAMING NEW FACILITIES FDC
It is the Board’s
responsibility to name all new facilities.
However, suggestions from the community and staff will be given
consideration.
BONDING REQUIREMENTS FE
(1) A bid guarantee from
each bidder equivalent to five percent of the bid price. The bid guarantee shall consist of a firm
commitment such as a bid bond, certified check or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of his
bid, execute such contractual documents as may be required within the time
specified.
(2) A performance bond on
the part of the contractor for 100 percent of the contract price. A performance bond is one executed in
connection with a contract to secure fulfillment of all of the contractor’s
obligation under such contract.
(3) A payment bond on the
part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection
with a contract to assure payment as required by law of all persons supplying
labor and material in the execution of the work provided for in the contract.
ARCHITECTS FEAB
Architects will be used
for renovation/modification and construction projects as required by state,
federal and local regulations. The
Superintendent shall advertise for architectural services, the board will
interview, rank and hire according to qualification and the needs of the
school. The architect shall advise the administration on the phases of the
program for which they have technical training and experience. The architect performs other functions as
follows:
1.
Translates the
educational program for which the facilities are needed into building design
and specification.
2.
Advises the
Superintendent on letting of contracts.
3.
Supervises or
directs construction.
4.
Advises the
Superintendent as to costs on additions.
5.
Recommends
approval and acceptance of completed facilities.
BOARD MEMBER
CONFLICT OF INTEREST FGBC
IN THE BIDDING
PROCESS
Refer.: BHA Board Member Conflict of Interest
GAGA Conflict of Interest
GAGB Conflict of Interest (Nepotism)
The
standards of conduct governing the performance of the Enemy Swim Day School’s
board and employees engaged in the award and administration of contracts is
that No employees, officer or agent of the school shall participate in selection,
or in the award or administration of a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (1) The
employee, officer or agent, (2) Any member of his immediate family, (3) His or
her partner, or (4) An organization which employs, or is about to employ, any
of the above, has a financial or other interesting the firm selected for
award. The grantee’s or subgrantee’s
officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors,
or parties to subagreements. Grantee and
subgrantees may set minimum rules where the financial interest is not substantial
or the gift is unsolicited item of nominal intrinsic value. To9 the extent permitted by State or local
law of regulations, such standards or conduct will provide for penalties,
sanctions, or other disciplinary actions for violations of such standards by
the grantee’s and subgrantee’s officers, employees, or agents, or by
contractors or their agents. The
awarding agency may in regulation provide additional prohibitions relative to
real, apparent, or potential conflicts of interest.
BOARD MEMBER DISCIPLINARY ACTION FOR VIOLATION OF CODE OF CONDUCT FGBD
Violation of BHA and/or FGBC is grounds for immediate removal from the School Board. The school board chairperson, (or if it concerns the chairperson the next board member according to the chain of command that is not involved in the violation), will notify in writing the board member within five days of the violation and the subsequent removal. The board member will be removed at the next regularly scheduled board meeting.
CONTRACT AWARDS PROCEDURE FGDB
Procedures:
1 The selection of a site for a new building is made in accordance with the criteria for the selection of the school and the guidelines provided by the BIA Office of Facility Management, recommendation of the Superintendent and approved by the Board.
2 For each project an architect is assigned on a contingent basis.
3 The Superintendent with authorization on the Board signs Architectural and construction contracts.
4 For each project a preliminary plan is developed and is approved by the Construction Committee, the School Board and other appropriate state and federal agencies.
5 The plans and specifications (working drawings) are prepared to conform to all local and federal codes governing public buildings. The Construction Committee, the School Board, the Office of Facility Management and other appropriate state and federal agencies will approve them.
6 Each addition to an existing building and the construction of a new building is advertised for construction bids with authorization from the School Board.
7 Seal bids are received on the date as advertised and opened and read in public. An adequate number of quotes will be obtained prior to the opening of the bids.
8 Each bidder fills out a sheet entitled “Statement of Bidder’s qualifications” stating his/her financial status and general information concerning his/her firm.
9 The tabulation of the bids for each project is certified by the architect and is presented to the Board with the certification of the Superintendent.
10 The low bidder is required to furnish the Board a one hundred percent performance and payment bond or a certified check equal to 15% of bid.
11 The low bid is analyzed and is compared to bids on similar projects and compared to the architect’s cost estimates and to the control budget.
12 With the authorization of the Board, a construction contract is executed, which includes the Performance Bond, Payment Bond, Builders Risk Insurance, Worker’s Compensation, Owners Protective Liability Insurance and Contractors Protective Liability Insurance. Indian Preference will be a major consideration on any contracts awarded by the Board.
All contractors providing services for the
The Superintendent shall be responsible for making reports to the Board on the progress of the construction projects. At the invitation of the Superintendent, the architects supervising particular projects may be asked to appear before the Board. The Superintendent shall be responsible for keeping the appropriate records and documents concerning each construction project, such as copies of contracts, cost analysis sheets and plans and specifications.
Construction performance reports. For the most part, on-site technical inspections and certified percentage-of-completion data are relied on heavily by Federal agencies to monitor progress under construction grants and subgrants, The Federal agency will require additional formal performance reports only when considered necessary, and never more frequently than quarterly. The Superintendent will be responsible for the completion of all reports from the project manager and the architects and engineers. The project reports timeline will be set up at the beginning of each project. The reports will submitted to the construction committee, the school board, the appropriate Bureau of Indian Affairs Offices and others as necessary.
Upon completion of the building construction and a final inspection of all aspects by the architects, contractors and school officials, a recommendation for its acceptance shall be made.
TEMPORARY
FACILITIES FI
The Superintendent, with guidance from the school board, can assign and /or negotiate temporary school facilities as needed.