Section 550.302  Agency Procurement Responsibilities

a)         The Agency shall be responsible for the settlement and satisfactory completion in accordance with sound business judgement and good administrative practice of all contractual and administrative issues arising out of contracts entered into under the assistance agreement.  This includes issuance of invitations for bids or requests for proposals, selection of contractors, award of subagreements, settlement of protests, claims, disputes, and other related procurement matters.

b)         The Agency shall monitor contracts it enters to assure that contractors perform in accordance with the terms, conditions, and specifications of their contracts.

c)         The Agency shall avoid purchasing unnecessary or duplicative items.

d)         The Agency shall consolidate its procurement or divide into parts to obtain a more economical purchase.

e)         The Agency shall make an analysis of lease versus purchase alternatives in its procurement actions where such analysis is appropriate considering the source of the funding, the length of the contract, and other relevant factors related to the project for which the contract is procured.

f)          The Agency shall award agreements only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed procurement.  A responsible contractor is one that has:

1)         Financial resources, technical qualifications, experience, organization and facilities adequate to carry out the project, or a demonstrated ability to obtain these:

2)         Resources to meet the completion schedule contained in the contract:

3)         A satisfactory performance record for completion of contracts;

4)         Accounting and auditing procedures adequate to control property, funds and assets, as required to 40 CFR 30 and 33; and

5)         Demonstrated compliance or willingness to comply with the civil rights, equal employment opportunity, labor law and other statutory requirements under 40 CFR 30.

g)         The Agency shall not make awards to contractors who have been suspended, debarred, or voluntarily excluded under 40 CFR 32 nor shall it permit any portion of the work required by the contract to be performed at any facility listed on the USPEA List of Violating Facilities (see 40 CFR 15).

h)         The Agency shall refer violations of law to the local, State, or federal authority with jurisdiction over the matter.