Hi Tim,
I always like to refer to the definitions in A-110.
Look at "contract" and "subaward" in Subpart A. I also like the
distinctions in A-133 for subaward vs. procurement.
Pat
Patricia A. Hawk
Assistant Director
Office of Sponsored
Programs
and Research Compliance
Oregon State
University
312 Kerr
Administration Building
Corvallis, OR 97331-2140
541-737-6699 (voice)
541-737-3093
(fax)
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
Montclair State University
College Hall, Room 309
Upper
Montclair, NJ 07043
phone 973-655-7534
fax 973-655-5150
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