CC Resolution No. 2659RESOLUTION NO.2659
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CITY OF BAYTOWN PURCHASING POLICY
(I) TO ADD RULES FOR ELECTRONIC BIDDING, (II) TO ADD
ALTERNATIVE DELIVERY METHODS FOR CONSTRUCTION
CONTRACTS, AND (III) TO ADD RELATED PRACTICES TO COMPLY
WITH ALL APPLICABLE FEDERAL STATUTES AND REGULATIONS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby amends the
City of Baytown Purchasing Policy (i) to add rules for electronic bidding, (ii) to add alternative
delivery methods for construction contracts, and (iii) to add related practices to comply with all
applicable federal statutes and regulations. Such amended portions of the policy are attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: All resolutions or parts of resolutions inconsistent with the terms of this
resolution are hereby repealed, provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this resolution shall be cumulative of other
resolutions regulating and governing the subject matter covered by this resolution.
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 11 th day of June, 2020.
NDON CAPETILL01 Mayor
ATT
LETICIA BRYSCH, City rk
APPROVED AS TO FORM:
CJ
KAREN L. HORNER, Interim City Attorney
RAKarewFileslCity Council'•Resolutions\2020Uune 1 I\AmendPurchasingPolicy.doc
Exhibit "A"
RULES GOVERNING THE RECEIPT OF ELECTRONIC SUBMISSION OF BIDS AND
PROPOSALS POLICY STATEMENT FOR ELECTRONIC BIDS OR PROPOSALS
These rules are established by the City of Baytown (the "City") for electronic solicitation
procedures in accordance with Section 252.0415, Texas Local Government Code, to ensure the
identification, security and confidentiality of electronic bids or proposals, and to ensure that bids
or proposals remain effectively unopened until the proper time (the "Rules"). The Rules will
apply to both bids and proposals that are submitted to the City pursuant to the requirements of
Chapter 252, Texas Local Government Code, as well as those contracts and procurements for
which the City has voluntarily elected to follow the competitive processes outlined in Chapter
252, Texas Local Government Code.
A. All users of the electronic system shall be assigned a unique user name and password.
B. Access to the system by authorized users shall be logged and tracked in order to record
when any user has accessed the system, and what data the user accessed.
C. Transmittal of data through the internet shall be encrypted using SSL technology. All
sensitive data within the system shall be encrypted using the Advanced Encryption
Standard algorithm (AES), or better.
D. All data shall be encrypted using a time -sensitive mechanism that allows the data to be
decrypted only after the Bid Opening specified for each solicitation.
E. The system shall be synchronized to two or more atomic clocks to ensure exact recording
of the bid due date and time, and the receipt of data and time, for each submission.
F. The contents of submissions are not available during the bidding process. Bidder
identities are likewise not available during the bidding process except to the City's
Purchasing Agent, or his/her designee
G. The City's Purchasing Agent, or his/her designee(s), with an authorized password, and
only after the Bid Opening date and time, can request that the bid/proposal be opened and
obtain the data in the bid/proposal.
H. The City will determine when and what information is released to the public pursuant to
Texas Law. The City's Purchasing Agent is responsible for ensuring that any system
utilized by the City for electronic submissions of bids and proposals must comply with all
rules set forth, City procurement rules, and State law.
Appendix "B"
RULES GOVERNING THE RECEIPT OF ELECTRONIC SUBMISSION OF BIDS AND
PROPOSALS POLICY STATEMENT FOR ELECTRONIC BIDS OR PROPOSALS
These rules are established by the City of Baytown (the "City") for electronic solicitation
procedures in accordance with Section 252.0415, Texas Local Government Code, to ensure the
identification, security and confidentiality of electronic bids or proposals, and to ensure that bids
or proposals remain effectively unopened until the proper time (the "Rules"). The Rules will
apply to both bids and proposals that are submitted to the City pursuant to the requirements of
Chapter 252, Texas Local Government Code, as well as those contracts and procurements for
which the City has voluntarily elected to follow the competitive processes outlined in Chapter
252, Texas Local Government Code.
A. All users of the electronic system shall be assigned a unique user name and password.
B. Access to the system by authorized users shall be logged and tracked in order to record
when any user has accessed the system, and what data the user accessed.
C. Transmittal of data through the internet shall be encrypted using SSL technology. All
sensitive data within the system shall be encrypted using the Advanced Encryption
Standard algorithm (AES), or better.
D. All data shall be encrypted using a time -sensitive mechanism that allows the data to be
decrypted only after the Bid Opening specified for each solicitation.
E. The system shall be synchronized to two or more atomic clocks to ensure exact recording
of the bid due date and time, and the receipt of data and time, for each submission.
F. The contents of submissions are not available during the bidding process. Bidder
identities are likewise not available during the bidding process except to the City's
Purchasing Agent, or his/her designee
G. The City's Purchasing Agent, or his/her designee(s), with an authorized password, and
only after the Bid Opening date and time, can request that the bid/proposal be opened and
obtain the data in the bid/proposal.
H. The City will determine when and what information is released to the public pursuant to
Texas Law. The City's Purchasing Agent is responsible for ensuring that any system
utilized by the City for electronic submissions of bids and proposals must comply with all
rules set forth, City procurement rules, and State law.
Appendix "C"
CITY OF BAYTOWN
PROCUREMENT POLICY APPLICABLE TO ALL PROCUREMENTS MADE WITH
FEDERAL FUNDS
Adopted June 11, 2020
PREAMBLE
All procurements made by the City of Baytown (the "City") involving the expenditure of Federal
funds must be conducted in accordance with the procedures set forth in this Policy. This Policy
is in accord with all applicable Federal, State, and local government statutes and regulations,
including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. §§ 200.317 to 200.326.
It is the policy of the City to conduct all procurements in the highest ethical manner, and in
accordance with all applicable laws and regulations. To the extent required by law and
regulation, and the maximum extent practical, the City will conduct all procurement transactions
in a manner providing full and open competition, consistent with the standards set forth in
2 C.F.R. § 200.319.
Subject to specified cost thresholds and documented delegation of authority, all procurements
will be reviewed by the Purchasing Manager to ensure compliance with this Policy.
I. SOLICITATIONS
Procurements subject to this Policy will be made on the basis of a written solicitation, after
careful consideration by City Staff (with, as applicable, the support of a selection committee)
of the needs of the City and available resources. The written procedures in this Policy are
intended to ensure that all solicitations meet the following Federal requirements as well as
contracting best practices.
A. Clear Description
The solicitation must incorporate a clear and accurate description of the technical
requirements for the material, product, or service to be procured. This description
should include a written statement of work. 2 C.F.R. § 200.319(c)(1).
B. Nonrestrictive Specification
The description of the technical requirements must not contain features that unduly
restrict competition. 2 C.F.R. § 200.319(c)(1).
C. Qualitative Requirements
The description of the technical requirements may include a statement of the
qualitative nature of the material, product, or service to be procured and, when
necessary, must set forth those minimum essential characteristics and standards to
which it must conform if it is to satisfy its intended use. 2 C.F.R. § 200.319(c)(1).
Product specifications should be limited to essential specifications only.
Page 1 of 10
a. Brand Name or Equal
When it is impractical or uneconomical to write a clear and accurate description
of the technical requirements of the property or services to be acquired, "brand
name or equal" descriptions may be used to define the performance or other
salient requirements of procurement. The specific features of the named brand
which must be met by offerors must be clearly stated. The need for a "brand
name or equal" specification should be documented.
b. Preference for Performance Specifications
Product or service specifications based on performance, rather than design
specifications, are preferred. A performance specification describes an end result,
an objective, or standard to be achieved, and leaves the determination of how to
reach the result to the contractor. Performance specifications describe what the
product should be able to do or the services to accomplish, without imposing
unnecessarily detailed requirements on how to accomplish the tasks.
D. Requirements
The solicitation must identify all requirements which the offerors must fulfill and all
other factors to be used in evaluating bids or proposals. 2 C.F.R. §200.319(c)(2). All
solicitations for competitive proposals must notify offerors that the City reserves the
right to award to other than the lowest -priced offeror. Generally, the City will make a
best -value determination, balancing cost against technical merits, in awarding
competitive contracts.
E. Type of Federal Funding
The solicitation must acknowledge the source of the Federal funding for the contract,
in compliance with the terms of its financial assistance award.
a. The solicitation should inform prospective contractors that they will need to
comply with all applicable Federal Laws, regulations, Executive Orders and
requirements affecting the procurement. As appropriate, specific flow -down
requirements may be included in the solicitation itself, in any resulting contract,
or incorporated by reference.
F. Contract Type
The solicitation should state the type of contract that will be awarded.
a. Fixed Price
A fixed -price contract provides for a firm price that remains irrespective of the
contractor's actual cost of performing the scope of work under the contract. The
risk of performing the work, at the fixed price, is borne by the contractor. Fixed -
price contracts may include an economic price adjustment, incentives, or both.
b. Cost Reimbursement
Cost -reimbursement type contracts provide for payment of certain incurred costs
to the extent provided in the contract. They normally provide for the
reimbursement of the contractor for its reasonable, allocable, actual, and
allowable costs, with an agreed -upon fee. There is a limit to the costs that a
contractor may incur at the time of the contract award, and the contractor may not
exceed those costs without the City's prior approval. Cost allowability is
determined by Federal regulations. There are many varieties of cost -
reimbursement contracts, such as cost -plus -fixed -fee, cost -plus -incentive -fee, and
cost -plus -award -fee. Because the City incurs more risk in a cost -reimbursement
Page 2 of 10
contract, these types of contracts should only be entered into after a careful
analysis of the benefits compared to other contract types.
c. Time -and -Materials Contracts
A time -and -materials type contract is a contract whose cost to the City is the sum
of the actual cost of materials and direct labor hours charged at fixed hourly rates
that reflect wages, general and administrative expenses, and profit. 2 C.F.R.
§ 200.3180)(1)(i) and (ii). This type of contract is used if no other contract is
suitable and if the contract includes a ceiling price that the contractor exceeds at
its own risk.
d. Cost Plus Percentage of Cost
The use of cost plus percentage of cost and cost plus a percentage of construction
cost methods of contracting are prohibited.
G. Prohibitions
Certain provisions that unduly restrict competition are prohibited. 2 C.F.R.
§ 200.319(a). The following are some examples of these prohibited provisions. Note
that the provisions described below are not prohibited when they are improper or
excessive. For example, some qualifications and experience may be required for a
particular type of contract; only "excessive" or "unnecessary" requirements are not
allowed:
a. Excessive Qualifications
Placing unreasonable requirements on firms in order for them to qualify to do
business. 2 C.F.R. § 200.319(a)(1).
b. Unnecessary Experience
Requiring unnecessary experience. 2 C.F.R. § 200.319(a)(2).
c. Unnecessary Bonding
Requiring excessive bonding. 2 C.F.R. § 200.319(a)(2).
d. Improper Qualification
Using improper prequalification procedures that conflict with 2 C.F.R. §
200.319(d).
e. Retainer Contract
Making a noncompetitive solicitation only to a person or firm on retainer contract
where that award is not for property or services specified for delivery under the
scope of work of the retainer contract. 2 C.F.R. § 200.319(a)(4).
f. In -State, Local, or Tribal Geographic Preferences
Imposing prohibited in -state, local, or tribal geographic preferences that conflict
with 2 C.F.R. 200.319(b).
g. Organizational Conflicts of Interest
Allowing entities to submit bids or proposals in response to the solicitation where
there would be a prohibited organizational conflict of interest. 2 C.F.R.
§200.319(a)(5).
11. METHODS FOR PROCUREMENT
Procurements shall be made using one of the following methods: (A) Micro -Purchases (B)
Small Purchase procedures, (C) Competitive sealed bids, (D) Competitive negotiations, (E)
Page 3 of 10
Non-competitive negotiations. All procurements shall be made in accordance with these
procedures.
A. Micro -Purchases
Purchases below the Simplified Acquisition Threshold may be awarded without
soliciting competitive proposals if the City considers the price to be reasonable.
Efforts will be made to get the lowest and best price, but written records of such
efforts are not necessary. Procurements may not be disaggregated for the purpose of
falling below the Micro -Purchase threshold.
B. Small Purchases
Purchases of supplies, equipment and services which cost below $50,000 require
written supplier estimates but no formal bidding is required. The City will solicit a
verbal or written response from at least three (3) vendors and will document why the
vendor was selected if it is not the lowest priced offeror. If no such responses are
available, a statement explaining the procurement will be prepared and filed.
C. Competitive Sealed Bids
The use of sealed bids will be employed when detailed specifications for the goods or
services to be procured can be prepared and the primary basis for award is cost.
When the cost of a contract, lease or other agreement for materials, supplies,
equipment or contractual services, other than those personal (procuring the services of
an individual for staff augmentation services) or professional (provided by a degreed,
licensed professional, principally engineering, accounting, and legal services),
exceeds $50,000, an Invitation for Bids ("IFB") notice will generally be prepared.
This notice will be published in the official newspaper of the City and/or such other
places as the City deems appropriate. This notice will appear at least fourteen (14)
days before the due date for bid proposals. The City may also solicit sealed bids from
responsible prospective suppliers by sending them a copy of such notice. To the
extent possible, the City Staff is encouraged to maintain an Open Bidders List.
The IFB will include a complete, accurate and realistic specification and description
of the goods or services to be procured, any required bid deposit, the amount of a
payment bond and bond performance required (if applicable), the location where bid
forms and specifications may be secured, the time and place for opening bids, and
whether the bid award will be made on the basis of the lowest price or the lowest
evaluated price. If the lowest evaluated price is used, the measurable criteria to be
used must be stated in the IFB.
Sealed bids will be opened in public at the time and place stated in the IFB. The bids
will be tabulated by the TABULATOR at the time of bid opening. The results of the
tabulation and the bid procurements will be examined for accuracy and completeness
by the Purchasing Manager who will make recommendations to the City. In addition,
the City shall determine that all firms are responsive and responsible. The City
Council will make the decision as to whom the contract shall be awarded. After the
bid award is made by the City Council, a contract will be prepared for execution by
the successful bidder. After the contract is signed, all bid deposits will be returned to
all unsuccessful bidders.
Page 4 of 10
The City may cancel an Invitation for Bid or reject all bids if it is determined that
such is in the best interests of the City. Bidders will be notified in writing of such
cancellation or rejection. The City may allow a vendor to withdraw a bid if requested
at any time prior to the bid opening. Bids received after the time set for bid opening
shall be returned to the vendor unopened. Bids which do not accept all terms and
conditions of the IFB shall be deemed to be non -responsive and will be rejected. Any
changes to the bidding terms and conditions shall be communicated to all bidders, and
all bidders will have an equal chance to submit a bid responsive to those changed
terms and conditions.
D. Competitive Negotiations
The City will use competitive negotiations, regardless of contract amount, upon a
written determination that either of the following conditions apply:
a. Specifications cannot be made specific enough to permit the award of a bid on the
basis of either the lowest bid or the lowest evaluated bid price (in other words,
sealed bidding is not feasible); or
b. The services to be procured are professional (provided by a degreed, licensed
professional, principally engineering, accounting, and legal services) in nature.
Competitive negotiations will proceed as follows:
1. Proposals will be solicited through advertisement in the official newspaper of
the City and/or such other places as the City deems appropriate; additionally,
a Request for Proposal (RFP) may be prepared and mailed, emailed, or faxed
to qualified vendors. The RFP will describe services needed and identify the
factors to be considered in the evaluation of proposals and the relative weights
assigned to each selection factor. The RFP will also state where further
details regarding the RFP may be obtained. The RFP will call attention to the
applicable regulations. Requests for Proposals will always include cost as a
selection factor.
2. Award must be made to the offeror whose proposal is determined in writing
by the City Council to be the most advantageous to the City with price and
other factors considered. This evaluation and award process contemplates a
balancing of cost and technical merit in arriving at a determination as to which
proposal provides the best value to the City. Evaluations must be based on the
factors set forth in the Request for Proposal and a written evaluation of each
response prepared. The selection committee may contact the firms regarding
their proposals for the purpose of clarification and record in writing the nature
of the clarification. If it is determined that no acceptable proposal has been
submitted, all proposals may be rejected. New proposals may be solicited on
the same or revised terms or the procurement may be abandoned.
For the procurement of certain professional services, an alternative to RFPs
may be used. The City may publish a Request for Qualifications. RFQs are
handled in a similar method to RFPs, with the exception that cost is not a
factor in the initial evaluation. The selection committee will evaluate the
responses and rank them by comparative qualifications in accordance with the
Page 5 of 10
Texas Professional Services Procurement Act. The highest scoring person or
firm will be contacted and the City will negotiate cost. If the City is unable to
negotiate a satisfactory cost arrangement, the second highest scoring person or
firm will be invited to negotiate. The City will maintain a written record of all
such negotiations.
E. Noncompetitive Negotiations
The City requires competitive bids for purchases of goods or services (including
consulting services) over $50,000; however, some exceptions apply.
In some circumstances, when competition cannot be obtained or the situation
necessitates the required number of competitive bids to be reduced, a Sole Source or
Reduction Justification Form must be submitted. The following information is a guide
for requesting the waiver or reduction of competitive bids on RFPs for goods or
services greater than $50,000. The City may purchase goods and services through
non-competitive negotiations when it is determined in writing by the City that
competitive negotiation or bidding is not feasible and that:
1. SOLE SOURCE DEFINITION AND CRITERIA
A single supplier that is exclusively capable of meeting the City's
requirements within the time available, including emergency and other
situations, which preclude conventional planning and processing. These
situations include:
a. One-of-a-Kind/Specialized — the commodity or service has no
competitive product or must meet specialized seaport, boat or marine
requirements, or specialized professional or technical services, and is
available from only one supplier.
b. Compatibility — the commodity or service must match an existing brand
of equipment for compatibility and is available from only one vendor.
c. Replacement Part — the commodity is a replacement part for a specific
brand of existing equipment and is available from only one supplier.
d. Delivery Date — only one supplier can meet necessary delivery
requirements.
e. Emergency --- URGENT NEED for the item or service does not permit
soliciting competitive bids; including purchases needed to address major
facility failures, damages due to disasters, or purchases necessary to
address immediate safety and security issues.
f. Only one satisfactory proposal is received through RFP or RFQ.
g. The Federal or State awarding agency has authorized the particular type of
noncompetitive negotiation.
Procurement by noncompetitive negotiation requires the strictest attention to the
observation of impartiality toward all suppliers. The City must approve all
procurements by non-competitive negotiation when only one supplier is involved or
only one bid or response to an RFP/RFQ is received.
Page 6 of 10
F. Responsibility
Bids will be accepted only from those contractors who have a proven record of ability
to successfully complete the scope of work being bid. References will be requested
along with the contractor's bid proposal. Any contractors submitting a bid must
produce (along with his/her bid documents) written proof of liability insurance and
workers' compensation coverage. Consideration will be given to such matters as
contractor integrity, compliance with public policy, record of past performance and
financial and technical resources in awarding contracts.
III. CONTRACTS
Generally, all procurements in excess of the Simplified Acquisition Threshold will be
memorialized and supported by a written contract. Where it is not feasible or is
impractical to prepare a contract, a written finding to this effect will be prepared and
some form of documentation regarding the transaction will also be prepared.
A. All contracts will contain language which allows the City the opportunity to cancel
any contract for cause. Said cause shall include (but not be limited to) demonstrated
lack of ability to perform the work specified, unwillingness to complete the work in a
timely fashion, cancellation of liability insurance or workers' compensation, failure to
pay suppliers or workers, unsafe working conditions caused by the contractor, failure
to comply with Davis -Bacon wage laws (where applicable), failure to keep accurate
and timely records of the job, or failure to make those records available to the City
(on request) or any other documented matter which could cause a hardship for the
City if a claim should arise or the work not be completed on schedule at the specified
cost.
B. All contracts will contain a termination for convenience provision, which allows the
the City to cancel the contract without fault on the part of the contractor. In the event
of a termination for convenience, the contractor will receive reimbursement and/or
prorate payment for costs and work done until the point of termination, but not
anticipated profits on the work that was cancelled. The termination provision will
specify the procedures for the contractor to submit a claim for termination costs.
C. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of "Federally assisted construction contract" in 41 C.F.R. § 60-1.3 must
contain the applicable contract clauses described in Appendix II to the Uniform Rules
(Contract Provisions for non -Federal Entity Contracts Under Federal Awards), which
are set forth in 2 C.F.R. §200.326. These provisions will be provided to all bidders.
IV. DOCUMENTATION
All source documents supporting any given transaction (receipts, purchase orders,
invoices, RFP/RFQ data and bid materials) will be retained and filed in an appropriate
manner. Where feasible, source documents pertinent to each individual procurement
shall be separately filed and maintained. Where it is not feasible to maintain individual
procurement files, source documents will be filed and maintained in a reasonable manner
(examples include chronologically, by vendor, by type of procurement, etc.). Whatever
Page 7 of 10
form of documentation and filing is employed, the purpose of this section is to ensure that
a clear and consistent audit trail is established. At a minimum, source document data
must be sufficient to establish the basis for selection, basis for cost, (including the issue
of reasonableness of cost), rationale for method of procurement and selection of contract
type, and basis for payment.
V. LOCALLY OWNED, MINORITY -OWNED, FEMALE -OWNED AND SMALL
BUSINESSES
All necessary affirmative steps will be taken and documented to solicit participation of
small and minority businesses, women's business enterprises, and labor surplus area
firms. Where possible and feasible, delivery schedules will be established and work will
be subdivided to maximize participation by small businesses or minority- or women -
owned businesses. Subdivided components will be bid as a separate contract. A list of
locally owned, minority -owned, female -owned, and small businesses and also minority
businesses located within the trade region shall be used when issuing IFBs, RFPs and
RFQs. This list shall also be consulted when making small purchases. The City will use
the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce when appropriate. The
successful bidder will be required to use these same criteria in selection of suppliers and
subcontractors whenever possible.
VI. CODE OF CONDUCT
A. Conflict of Interest
No officer, employee, consultant, elected official, appointed official or designated
agent of the City will take part or have an interest in the award of any procurement
transaction if a conflict of interest, real or apparent, exists. A conflict of interest
occurs when the official, employee or designated agent of the City, partners of such
individuals, immediate family members, or an organization which employs or intends
to employ any of the above has a financial or other interest in any of the competing
firms, or will otherwise benefit financially or otherwise from a contract award.
No officer, employee or designated agent of the City may acquire a financial interest
in or benefit in any way from any activity which uses any Federal funding, nor shall
they have any interest in any contract, subcontract or agreement for themselves or any
family members.
NOTE: These rules apply to all named parties and shall be effective for the period of
service and for one year after leaving said position (or office, in the case of elected
officials).
B. Acceptance of Gratuities
No officer, employee or designated agent of the City shall solicit or accept gratuities,
favors or anything of monetary value from contractors, potential contractors,
subcontractors or potential subcontractors.
Page 8 of 10
C. Penalties
Any officer, employee or designated agent of the City who knowingly and
deliberately violates the provisions of this code will be open to civil suit by the City
without the legal protection of the City. Furthermore, such a violation of these
procurement standards is grounds for dismissal by the City (if an employee) or such
sanctions as available under the law (if an elected official).
Any contractor or potential contractor who knowingly and deliberately violates the
provisions of these procurement standards will be barred from future transactions with
the City.
VII. ADDITIONAL PROVISIONS
City Federally funded contracts are subject to a variety of required of statutes,
regulations, and contract clauses. While it is the responsibility of bidders and offerors to
be aware of and comply with those requirements, the City staff shall include applicable
requirements in all City contracts to the maximum extent possible, either in full text, via
addendum or attachment, or by reference. The list below is not exhaustive, and other
provisions may apply based on the type of work being performed and the dollar amount
of the contract. The provisions below are common to many covered contracts:
A. Labor and Employment Laws and Regulations
A variety of construction and non -construction labor and employment laws and
regulations are required as a condition of the City's Federal funding. These are
assembled at 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, and include
provisions related to Equal Employment Opportunity, Prevailing Wages, Anti -
Kickback provisions, Overtime and Work Safety requirements, and a variety of
whistleblower protections. In dealing with all potential bidders and offerors, the City
Staff should ensure that the applicable requirements are included in all solicitations
and contracts. To the extent possible, the City Staff should highlight these
requirements to bidders and offerors unfamiliar with or inexperienced in Federally
funded projects.
B. Rights to Inventions Made Under a Grant or Contract
If a contract awarded by the City may result in the creation of protectable intellectual
property, including a patentable invention, copyrighted material, trade secret or
technical data, or any other invention or discovery, the requirements of 37 CFR § 401
may apply.
C. Environmental Regulations
Contracts over $150,000 require the contractor to comply with the Clean Air Act and
Federal Water Pollution Control Act. Specific provisions and requirements are set
forth in 2 C.F.R. Part 200, Appendix II.
D. Contracting with Suspended or Debarred Persons or Entities
The City shall not enter into any agreement with any person or entity subject to
Federal Debarment or suspension, nor consent to a subcontract with any such person
or entity. A list of all such persons or entities can be found at www.sam.gov. The
Page 9 of 10
City should obtain written certification from all contractors that they are not
suspended or debarred from federal procurements.
E. Byrd Anti -Lobbying Amendment
The following provision should be included in each contract over $100,000 (Federal
Byrd threshold):
"Contractors who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient."
Page 10 of 10
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