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<br />City of Sunny Isles Beach |Request for Proposals Disaster Debris Monitoring No. 18-04-03 52 <br /> <br />(4) Noncompetitive contracts 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” product to be offered <br />and describing the performance or other relevant requirements of the procurement; and <br />(7) Any arbitrary action in the procurement process. <br />(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of <br />statutorily or administratively imposed state, local, or tribal geographical preferences in the <br />evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly <br />mandate or encourage geographic preference. Nothing in this section preempts state licensing <br />laws. When contracting for architectural and engineering (A/E) services, geographic location may <br />be a selection criterion provided its application leaves an appropriate number of qualified firms, <br />given the nature and size of the project, to compete for the contract. <br />(c) The non-Federal entity must have written procedures for procurement transactions. These <br />procedures must ensure that all solicitations: <br />(1) Incorporate a clear and accurate description of the technical requirements for the material, <br />product, or service to be procured. Such description must not, in competitive procurements, <br />contain features which unduly restrict competition. The description may include a statement of <br />the qualitative nature of the material, product or service to be procured and, when necessary, <br />must set forth those minimum essential characteristics and standards to which it must conform if <br />it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. <br />When it is impractical or uneconomical to make a clear and accurate description of the technical <br />requirements, a “brand name or equivalent” description may be used as a means to define the <br />performance or other salient requirements of procurement. The specific features of the named <br />brand which must be met by offers must be clearly stated; and <br />(2) Identify all requirements which the offerors must fulfill and all other factors to be used in <br />evaluating bids or proposals. <br />(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products <br />which are used in acquiring goods and services are current and include enough qualified sources <br />to ensure maximum open and free competition. Also, the non-Federal entity must not preclude <br />potential bidders from qualifying during the solicitation period. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]