PAP.2.6.080 Non-Competitive Procurement Proposals

(a) Conditions for Use. Procurements shall be conducted competitively to the maximum extent possible. However, procurement by noncompetitive proposal may be used when the award of a contract is not feasible using small purchase procedures, sealed bids, or competitive proposals, and one of the following applies:

(1) The item is available only from a single source based on a good faith review of available sources;

(2) An emergency exists that seriously threatens the public health, welfare, or safety, or endangers property, or would otherwise cause serious injury to the Tribe, as may arise by reason of a flood, earthquake, epidemic, riot, equipment failure, or similar event. In such cases, there must be an immediate and serious need for supplies, services or construction such that the need cannot be met through any other procurement methods. Note: The emergency procurement shall be limited to those supplies, services, or construction necessary to meet the emergency. In cases where labor is involved, Davis-Bacon wage or Tribally determined wage rates will apply and a determination has to be acquired if the amount of the work is over the $5,000 threshold;

(3) HUD authorizes the use of noncompetitive proposals for HUD funded projects; or

(4) After solicitation of a number of sources, competition is determined inadequate.

(b) Justification. Each procurement based on noncompetitive proposal shall be supported by a written justification for using such procedures. The justification shall be documented in writing by the Chief Procurement Officer and reviewed by the Tribe's Legal Department prior to processing by the CPO.

(c) Price Reasonableness. The reasonableness of the price for all procurements based on noncompetitive proposals shall be determined by performing a cost analysis, as described under the "Cost and Price Analysis" chapter below.