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03
City of Pleasanton
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CITY CLERK
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2022
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041922
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4/13/2022 11:54:17 AM
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4/13/2022 11:52:42 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/19/2022
DESTRUCT DATE
15Y
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 <br />93 <br /> <br />FEMA may reimburse costs incurred under a contract procured through a noncompetitive <br />proposal, also referred to as sole-source, only when one or more of the following circumstances <br />apply: <br /> The item is only available from one source <br /> The public exigency or emergency for the requirement will not permit a delay resulting <br />from competitive solicitation (this exception to competitive procurement is only for work <br />specifically related to the circumstance and only while the circumstances exists. <br />Therefore, Applicants need to immediately begin the process of competitively procuring <br />similar goods and services and transition to a competitively procured contract as soon as <br />the circumstances cease to exist) <br /> FEMA or the Recipient expressly authorizes a noncompetitive proposal in response to a <br />written request from the Applicant <br /> After solicitation of several sources, competition is determined inadequate. For each <br />noncompetitive procurement, the Applicant must identify which of the four circumstances <br />listed above applies and provide all of the following information, documentation, and <br />justification: <br /> A brief description of the product or service being procured, including the expected <br />amount of the procurement <br /> Explanation of why a noncompetitive procurement is necessary. If there was a public <br />exigency or emergency, the justification should explain the specific conditions and <br />circumstances that clearly illustrate why competitive procurement would cause <br />unacceptable delay in addressing the public exigency or emergency. (Failure to plan <br />for transition to competitive procurement cannot be the basis for continued use of <br />noncompetitive procurement based on public exigency or emergency) <br /> Length of time the noncompetitive contract will be used for the defined SOW, and the <br />impact on that SOW should the noncompetitively procured contract not be available <br />for that amount of time (e.g., how long does the Applicant anticipate the exigency or <br />emergency circumstances to continue; how long it will take to identify requirements <br />and award a contract that complies with all procurement requirements; or how long it <br />would take another contractor to reach the same level of competence) <br /> The specific steps taken to determine that the Applicant could not have used, or did <br />not use, full and open competition for the SOW (e.g., research conducted to determine <br />that there were limited qualified resources available that could meet the contract <br />provisions) <br /> Any known conflicts of interest and any efforts that the Applicant made to identify <br />potential conflicts of interest before the noncompetitive procurement occurred. If the <br />Applicant made no efforts, explain why <br /> Any other justification <br /> <br />If FEMA determines that none of the allowable circumstances existed or did not preclude the <br />Applicant from adhering to competitive procurement requirements, FEMA may disallow all or part <br />of the associated costs. <br />
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