12-16-2020 Council Packet - Laserfiche WebLink

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