Tim,
When I was working the UC Lawrence Berkeley
National Lab (DOE Lab Contractor), we typically had one firm or company that
specialized in the activity that we needed and the PI already knew exactly what
people in that area could offer. They had often done the review or
research into the area needed (such as setting up an interactive web site for specific
medical responses: The firm built the web site and the Dr. or scientist
had the technical knowledge that would be put out on the web site). We
would often sole source because of the nature of the work or even the
sensitivity. It really was a case-by-case basis.
If you are referring to sub-awardees (other
universities, etc.) then the research is the driving factor and the level of
expertise that each particular PI brings to his area of research. Thus,
the sub-award is specific to the PI at that institution…… just as
the award is specific to a PI at your institution that then needs agency
approval to change to a new PI.
Janis Lenox, Director, Contracts & Grants
Northern California Institute
for Research and Education (NCIRE)
4150 Clement Street, NC-151
San Francisco, CA 94121-1545
Office: 415-750-6954, ext. 5536
Fax: 415-750-9358
Email: xxxxxx@ncire.org
website: www.ncire.org
From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Tim Kirby
Sent: Thursday, January 18, 2007
8:20 AM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] Help with new
Procurement Director
I'm seeking help in addressing the concerns of a new Procurement Director
who wants to know why the subawards we issue from our prime awards are not put
out for competitive bidding. Yes, these are subcontractors that are named
in the proposal.
I've tried to impress upon him all of the obvious reasons why this isn't done
and isn't practical. He is citing the following from A-110. Any
help in countering his arguments are appreciated.
43 Competition. All procurement
transactions shall be conducted in a manner to provide, to the maximum extent
practical, open and free competition. The recipient shall be alert to
organizational conflicts of interest as well as noncompetitive practices among
contractors that may restrict or eliminate competition or otherwise restrain
trade. In order to ensure objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall
be made to the bidder or offeror whose bid or offer is responsive to the
solicitation and is most advantageous to the recipient, price, quality and
other factors considered. Solicitations shall clearly set forth all
requirements that the bidder or offeror shall fulfill in order for the bid or
offer to be evaluated by the recipient. Any and all bids or offers may be
rejected when it is in the recipient's interest to do so.
--
Tim Kirby
Director, Research and Sponsored Programs
College Hall, Room 309
phone 973-655-7534
fax 973-655-5150