the lifecycle of grants: acquisition, relocation and procurement november 8, 2012
TRANSCRIPT
![Page 1: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/1.jpg)
The Lifecycle of Grants:Acquisition, Relocation and Procurement
November 8, 2012
![Page 2: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/2.jpg)
Presenter
Betsy Giffin Section Supervisor, Training &
Technical Assistance Office of Community Development 77 South High Street Columbus, Ohio 43215 614.466.8216 F 614.752.4575 [email protected]
![Page 3: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/3.jpg)
TopicsIntroduction, Resources, and Tips
• Real Property Acquisition
• Relocation of Residential, Businesses, Non-Profits, and Farms
• Section 104(d)
• Procurement– Administrative
Services– Consulting Services– Interagency
Agreements– Intra-agency
Agreements– Engineering and
Architectural Services
![Page 4: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/4.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Acquisition, Relocation, and Section 104(d)
![Page 5: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/5.jpg)
The Act and Regulations
• The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended (URA)
• 49 CFR Part 24 is the government-wide regulation that implements the URA.
• The regulations HUD follows are U. S. Department of Transportation regulations at Title 49 of the Code of Federal Regulations
![Page 6: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/6.jpg)
Regulations
• Available on-line
• http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR&searchPath=Title+40&oldPath=&isCollapsed=true&selectedYearFrom=2010&ycord=1593
![Page 7: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/7.jpg)
What are the URA Objectives
– To provide uniform, fair and equitable treatment of persons whose real property is acquired or who are displaced in connection with federally funded projects
– To ensure relocation assistance is provided to displaced persons to lessen the emotional and financial impact of displacement
– To ensure that no individual or family is displaced unless decent, safe, and sanitary (DSS) housing is available within the displaced person's financial means
– To help improve the housing conditions of displaced persons living in substandard housing
– To encourage and expedite acquisition by agreement and without coercion
![Page 8: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/8.jpg)
How do URA requirements impact your project?
• Agencies conducting a program or project under the URA must carry out their legal responsibilities to affected property owners and displaced persons.
• Agencies should plan accordingly to ensure that adequate time, funding and staffing are available to carry out their responsibilities.
![Page 9: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/9.jpg)
Some of those responsibilities include:
• For Real Property Acquisition – 2 kinds– Involuntary– Voluntary
![Page 10: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/10.jpg)
Some of those responsibilities include:
Involuntary Acquisition– Appraise property before negotiations– Invite the property owner to accompany the
appraiser during the property inspection– Provide the owner with a written offer of just
compensation and a summary of what is being acquired
– Pay for property before possession– Reimburse expenses resulting from the transfer of
title such as recording fees, prepaid real estate taxes, or other expenses.
![Page 11: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/11.jpg)
Involuntary Acquisition
Involuntary• Property is dilapidated and
blighting the neighborhood• Property owner not willing
or unable to make repairs• Specific property needed
for another purpose e. g. easements
• Property owner is not willing to sell
![Page 12: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/12.jpg)
Voluntary Acquisition
Voluntary• Property is dilapidated
and blighting the neighborhood
• Property owner not willing or unable to make repairs
• You have a willing seller• Selling price is fair and
reasonable
![Page 13: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/13.jpg)
Some of those responsibilities include:
• For Residential Displacements – Provide relocation advisory services to
displaced tenants and owner occupants– Provide a minimum 90 days written notice to
vacate prior to requiring possession– Reimburse for moving expenses– Provide payments for the added cost of
renting or purchasing comparable replacement housing
![Page 14: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/14.jpg)
Some of those responsibilities include:
• For Nonresidential Displacements (businesses, farms, and nonprofit organizations) – Provide relocation advisory services– Provide a minimum 90 days written notice to
vacate prior to requiring possession– Reimburse for moving and reestablishment
expenses
![Page 15: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/15.jpg)
Resource for Acquisition, Relocation, & Residential Anti-Displacement and Relocation Assistance Plan
• Real Estate Acquisition and Relocation Policy and Guidance
• HUD Handbook 1378• Available On-line
• http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/library/relocation/policyandguidance/handbook1378
![Page 16: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/16.jpg)
Let’s Take a Look at the Index of the Handbook
• Invaluable Resource• Contains many, many
sample forms• Is kept up to date on-
line
![Page 17: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/17.jpg)
Publications
• HUD Brochures
• These brochures provide general information about rights when real estate (real property) is acquired, or person/entities forced to move from tier home, business, or farm as a direct result of the acquisition, rehabilitation or demolition of real property for a Federally-funded project.
![Page 18: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/18.jpg)
Brochures
• Acquisition– When a Public Agency
Acquires Your Property
• Relocation– Relocation Assistance to
Tenants Displaced From Their Homes
– Relocation Assistance to Tenants Displaced From Their Homes (Section 104(d))
– Relocation Assistance to Displaced Businesses, Nonprofit Organizations and Farms
– Relocation Assistance to Displaced Homeowner Occupants
* Also available in Spanish
![Page 19: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/19.jpg)
Brochures
• Other Publications– Developing Projects With
HOME Funds: Ten Things You Need To Know About Relocation and the Uniform Act (URA) * but might have been afraid to ask
– Planning and Budgeting Relocation Costs for HUD-Funded Projects
• http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/library/relocation/publications
![Page 20: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/20.jpg)
Section 104(d) aka Barney-Frank Amendment
• Each Grantee has an Anti-Displacement Plan and Certification– Replacement of
Occupiable Housing– Extra Relocation
Assistance for LMI– 24 CFR 570.488(c)
![Page 21: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/21.jpg)
A Housing Unit Demolished Must be Replaced if:
• Occupied, regardless of its condition and rents at or below FMR
• Currently vacant but occupied within the past 3 months regardless of its condition
• Vacant for more than 3 months and suitable for rehabilitation
![Page 22: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/22.jpg)
Housing Does Not Need to Be Replaced if
• Property that has a value of less than $10,000,
• Has been vacant for at least 3 months,
• and has been documented to be dilapidated will be considered not suitable for rehabilitation.
![Page 23: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/23.jpg)
Tenants and Relocation
• Tenants required to leave a property because of sale or intent to sell are eligible for relocation services and cost.
![Page 24: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/24.jpg)
Relocation Benefits
• Can also be due to homeowners, non-profits, businesses, and farms if displaced
![Page 25: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/25.jpg)
Change in Use or Property Disposition for Property Acquired an/or Improved > $25,000
Recipient may not change the use or planned use of property (including the beneficiaries of such use) unless• affected citizens are
given reasonable notice of, and opportunity to comment on, any proposed change, and either:
![Page 26: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/26.jpg)
Change in Use or Property Disposition for Property Acquired an/or Improved > $25,000
• The new use of such property qualifies as meeting one of the national objectives and is not a building for the general conduct of government;
• or the following requirements are met:
![Page 27: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/27.jpg)
Change in Use or Property Disposition for Property Acquired an/or Improved > $25,000
• All parties agree to a new use which does not qualify as meeting a national objective
• The CDBG program is reimbursed the current fair market value of the property.
![Page 28: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/28.jpg)
Liens
• Liens are required to be placed on real property which is acquired and/or improved in whole or in part using CDBG funds in excess of $25,000.
• Demolition is considered an improvement.
![Page 29: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/29.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Procurement
![Page 30: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/30.jpg)
What We Will Cover Today
• Basic Procurement Requirements per 24 CFR Part 85• Competitive Construction Bidding• Competitive Proposals• Small Purchases• Noncompetitive Proposals
• Administrative Services• Professional Services Interagency Agreements• Force Account• Contract Provisions
![Page 31: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/31.jpg)
Procurement Regulations
• Layered
• Federal (24 CFR Part 85)
– State (Ohio Revised Code)
• Local
![Page 32: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/32.jpg)
Procurement Standards
• Grantees use their own Procedures
• Provided they conform to:– Applicable Federal
Law – Standards identified in
24 CFR Part 85
![Page 33: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/33.jpg)
Code of Conduct
• Must be written procedures
• Governs employees employed in the award or administration of contracts
![Page 34: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/34.jpg)
Code of Conduct
• Identify Conflict of Interests
• Standards for Procurement and Contracting
• Financial Management and Recording Systems
• Cost Allowability• Program Monitoring
![Page 35: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/35.jpg)
Full, Open and Free Competition – Regardless of Dollar Amount
• All procurement
• Fair and open competition is a basic tenet of public procurement.
• Such competition reduces the opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically.
![Page 36: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/36.jpg)
Four Methods of Procurement Identified in 24 CFR Part 85
• Small Purchases (less than $50,00)
• Sealed Bids ($50,000 or more)
• Competitive Proposals
• Noncompetitive Proposals
![Page 37: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/37.jpg)
Methods of Procurement
1. Competitive Sealed Bidding
2. Competitive Sealed Proposals
3. Small Purchases
4. Sole Source Procurement
5. Emergency Procurements
6. Special Procurements
7. Architectural and Engineering Services
8. Administrative Services, etc.
![Page 38: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/38.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Sealed Competitive Bids
![Page 39: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/39.jpg)
Competitive Sealed Bids
•Cost > $50,000
•Formal Advertising
•Publicly solicited
•Publicly Opened
•Preferred for construction contracting
![Page 40: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/40.jpg)
Competitive Sealed Bids
•Firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder who is the lowest price.
![Page 41: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/41.jpg)
Competitive Sealed Bids
If sealed bids are used, the following conditions must apply:• A complete, adequate, and realistic
specification or purchase description must be available
• Two or more responsible bidders are willing and able to compete
• Procurement lends itself to a firm fixed price
![Page 42: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/42.jpg)
Bid Advertisement - Counties
• ORC 307.87 - Notice shall be published once a week for not less than 2 consecutive weeks preceding the day of the opening of bids in a newspaper of general circulation
• The county must also post the notice on a public bulletin board
![Page 43: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/43.jpg)
Bid Advertisement - Counties
• The county may also cause notice to be inserted in trade papers or post the notice on the county’s internet site.
• If the notice is posted website, the county may eliminate the second notice otherwise required to be published in a newspaper, provided that the first notice published in such a newspaper meets all of the following requirements:
![Page 44: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/44.jpg)
Bid Advertisement – Cities and Villages
• ORC 731.22 - “for not less than 2 nor more than 4 consecutive weeks in a newspaper of general circulation”
• No Internet posting provisions
![Page 45: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/45.jpg)
Procurement Process
• Maintain written documentation of the process
• Including bid table or quote tabulation sheet
• Issue Notice of Award to successful contactor
![Page 46: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/46.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Small Purchases
![Page 47: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/47.jpg)
Small Purchases
• Simple and informal method
• Lower of less than $50,000, local policy, or charter
• Federal rules different rules than Ohio Revised Code
![Page 48: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/48.jpg)
Small Purchases
• 1st must develop scope of project
• Development detailed specifications about the goods and services to procured so an apples to oranges evaluation can be done
![Page 49: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/49.jpg)
Bid Advertisement - Counties
• It is published at least two weeks before the opening of bids.
• It includes a statement that the notice is posted on the county’s internet site on the world wide web.
• It includes the address of the county’s internet.• It includes instructions describing how the notice
may be accessed on the county’s internet site.
![Page 50: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/50.jpg)
Small Purchases Initial Third Party Estimate of Cost
• Catalog prices• Data from similar
previous bids• Engineer• Phone inquiries
sometimes• Etc.
![Page 51: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/51.jpg)
Construction Contract > $2,000for Small or Sealed bids
• Require Federal Prevailing Wage
• Must have written bid packets
• Must contain wage determination
• More complex than some other small purchases
![Page 52: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/52.jpg)
Small Purchases
• Bids, price or rate quote must be obtained form adequate number of qualified sources
![Page 53: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/53.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Competitive Proposals
![Page 54: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/54.jpg)
Competitive Proposals
• Used when conditions are not appropriate for the use of sealed bids
• More than one qualified source is available
• Fixed price or cost reimbursement type of contract is awarded
![Page 55: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/55.jpg)
• Request for Proposal (RFP) will be publicized and identify all evaluation factors and their relative importance
• RFP will be solicited for adequate number of qualified sources
Competitive Proposal Requirements
![Page 56: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/56.jpg)
Competitive Proposal Requirements
• Grantees will have a method from conducting technical evaluations of proposals for selecting awardees
• Awards will be made to the responsible firm whose proposal is most advantageous, with price and other factors considered
![Page 57: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/57.jpg)
Competitive Proposal Requirements
• Grantees may use competitive proposal procedures for qualification based procurement of architects and engineers.
• Refer to Ohio’s Design Professional Selection Law ORC 153.65 - .71
![Page 58: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/58.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Noncompetitive Proposals
![Page 59: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/59.jpg)
Noncompetitive Proposals
• Solicitation of proposals from only one source, or after solicitation of a number of sources, competition is determined inadequate
![Page 60: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/60.jpg)
Noncompetitive Proposals
• … Item is available form only one source
• A public emergency exists and will not permit a delay resulting from competitive solicitation
• After solicitation from a number of sources, competition is determined inadequate
![Page 61: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/61.jpg)
Noncompetitive Proposals
• Cost analysis is required, i. e. verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs
![Page 62: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/62.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Qualification Based Selection
![Page 63: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/63.jpg)
Design Professional
• Ohio’s Design Professional Selection Law (ORC 153.65 -.71) is consistent with federal requirements
• See Handout: Ohio Qualifications-Based Selection (QBS Manual): A guide to selecting the highest qualified architecture/engineering firm
![Page 64: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/64.jpg)
Ohio’s Design Professional Selection Law
• Sections 153.66 to 153.70 do not apply to any of the following: – Any project with an estimated professional design fee
of less than fifty-thousand dollars;– Any project determined in writing by the public
authority head to be an emergency requiring immediate action including, but not limited to, any projects requiring multiple contracts let as part of a program requiring a large number of professional design firms of the same type;
– Any public authority that is not empowered by law to contract for professional design services.
![Page 65: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/65.jpg)
Architect and Engineering Under $50,000
• Use competitive proposal process
![Page 66: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/66.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Interagency Agreements
![Page 67: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/67.jpg)
Interagency Agreements
• Interagency agreement (IAA) is a written transaction that allows one agency to obtain supplies, services, personnel, material, equipment, and facilities from another agency.
![Page 68: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/68.jpg)
Interagency Agreements ContentIAAs should include:
1. A description of the supplies, services, etc. to be obtained by the grantee or provided to a receiving agency;
2. Payment or funds transfer terms;
3. Cancellation or termination provisions;
4. The effective period; and,
5. Terms of performance and delivery
![Page 69: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/69.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Force Account
![Page 70: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/70.jpg)
Force Account
• Before constructing or reconstructing a road, or constructing, reconstructing, improving, maintaining, or repairing a public improvement by force account, the jurisdiction is required to “first cause to be made an estimate of the cost of such work,” using the force account project assessment form developed by the Auditor of State under R.C. 117.16.
![Page 71: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/71.jpg)
Force Account
• The Auditor of State is authorized by R.C. 117.16 to require a community who is estimating the cost of road, bridge, or culvert work under R.C. 5543.19 to use a “safe harbor rate” for the cost of overhead or justify the use of a different rate.
![Page 72: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/72.jpg)
Force Account
• A community may, as the general contractor of a force account project, acquire material and equipment pursuant to contract, and may subcontract part of the work undertaken by force account, so long as the contracts for material and equipment and the subcontracts are let in compliance with it competitive bidding requirements.
![Page 73: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/73.jpg)
Force Account• A community who is estimating the cost of a
public work must include in the estimate the cost of materials and equipment that would be acquired by contract, and the cost of work that would be performed pursuant to a subcontract, if the project were undertaken by force account. If the total exceeds the applicable force account limit, as set forth Ohio Revised Code, the whole project must be competitively bid.
![Page 74: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/74.jpg)
Memorandum of Understanding (MOU)
• When two or more agencies wish to express an intent or expectation to Cooperate, they may execute a MOU. The MOU is often preliminary to, but not a requirement of, an IAA. A MOU may not be used to transfer funds or obligate work to be performed.
![Page 75: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/75.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Memorandum of Agreement
![Page 76: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/76.jpg)
Memorandum of Understanding (MOU)
• It may say that the agencies expect to commit funds to some purpose, but it shall also state that authorized officials from the participating agencies must confirm such action by execution of a formal IAA. The MOU may serve as the formal agreement for non-monetary cooperation (e.g., two agencies might agree via a MOU to collaborate on a program evaluation.)
![Page 77: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/77.jpg)
HUD Quick Guide to Cost and Price Analysis
• http://www.hud.gov/offices/cpo/grantees/cstprice.pdf
![Page 78: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/78.jpg)
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services
Time and Materials
![Page 79: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/79.jpg)
Time and Material Contracts
• Grantees will use time and material type contracts only—– (i) After a
determination that no other contract is suitable, and
– (ii) If the contract includes a ceiling price that the contractor exceeds at its own risk.
![Page 80: The Lifecycle of Grants: Acquisition, Relocation and Procurement November 8, 2012](https://reader031.vdocument.in/reader031/viewer/2022012918/551b4e90550346d41a8b5e7b/html5/thumbnails/80.jpg)