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12-14-2020-R
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12-14-2020-R
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Page 4 <br />1. Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is <br />the intent of the city for all employees, officers, or agents to conduct all activities associated with <br />procurements in compliance with the highest ethical standards, including the avoidance of any real or <br />perceived conflict of interest. It is also the intent of the city to impose appropriate sanctions or <br />disciplinary actions, including but not limited to termination and/or prosecution, for any employees <br />or officers who violate any of these requirements. <br /> <br />2. The city avoids the acquisition of unnecessary or duplicative items. Additionally, the city considers <br />consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, the <br />city makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the <br />most economical approach. <br /> <br />3. To foster greater economy and efficiency, the city enters into state and local intergovernmental agreements <br />where appropriate for procurement or use of common or shared goods and services. This includes <br />cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, the <br />city may purchase it from a cooperative or inter-local agreement if the price is competitive and the goods or <br />service are needed in a timely manner. The Finance Director and the City Administrator will make this <br />determination. <br /> <br />4. The city awards contracts only to responsible contractors possessing the ability to perform successfully under <br />the terms and conditions of a proposed procurement. The city considers such matters as contractor integrity and <br />business ethics, compliance with public policy, ability to complete the project on time and in accordance with <br />specifications, record of past performance, and the contractor’s financial and technical resources. <br /> <br />5. The city will award a contract to a contractor who has the appropriate experience, expertise, qualifications, and <br />any required certifications, necessary to perform the work. Contractors should also have the financial resources <br />to sustain the project while the initial work is being completed and during each service period until he or she <br />submits invoices for payment to the city as work is completed. Contractors should have the proper equipment or <br />the capability to subcontract for the proper equipment necessary to complete the contracted work. <br /> <br />6. Debarment and Suspension: The city will not subcontract with or award subgrants to any person or company <br />who is debarred or suspended from receiving federal funds. The Finance Director, or designee thereof, is <br />required to check for excluded parties at the System for Award Management (SAM) website before any <br />procurement transaction paid with federal funds. This list is located at: http://www.sam.gov/. <br /> <br />7. All procurement transactions paid with federal funds are conducted in a manner providing full and open <br />competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage <br />over another. All potential proposers and bidders must be provided the same information and have the same <br />opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or <br />bidders over another can open up the potential for disputes and lawsuits that can be costly and can significantly <br />delay the completion of projects. <br /> <br />8. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that <br />develop or draft specifications, requirements, statements of work, or invitations for bids or requests for <br />proposals (RFPs) are excluded from competing for such procurements. The city does not engage in the <br />following situations that may restrict full and open competition, including but not limited to: <br />• Placing unreasonable requirements on firms in order for them to qualify to do business. <br />• Requiring unnecessary experience and excessive bonding. <br />• Noncompetitive pricing practices between firms or between affiliated companies; <br />• Noncompetitive contracts to consultants that are on retainer contracts. <br />• Organizational conflicts of interest. <br />• 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. <br />• Any arbitrary action in the procurement process.
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