- Institutions of Higher Education (IHE), as defined in section 101(a) of the Higher Education Act of 1965
- Related or affiliated nonprofit entities of IHE’s
- Nonprofit research organizations
- Independent research institutes
- bids must be solicited from an adequate number of known suppliers and provide sufficient time to respond;
- the invitation for bids must be publicly advertised and define the items or services in order for the bidder to properly respond;
- bids must be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly;
- a firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder; and
- any or all bids may be rejected if there is a sound documented reason.
The second method for procurements above $150,000 is the Competitive Proposal. This method is typically used when there are critical factors to consider beyond just price. Both fixed-price or cost-reimbursement type contracts can be used, and certain general requirements must be followed including:
- Requests for Proposals (RFPs) must be publicized;
- all evaluation factors must be identified in the RFP along with their relative importance;
- proposals must be solicited from an adequate number of qualified sources (again – it’s up to the grantee to define “adequate”);
- there must be a written method for conducting technical evaluations of the proposals received and for selecting recipients; and
- contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.
- the good/service is only available from a single source,
- the grantee needs to meet a public exigency or emergency,
- the Federal awarding agency has provided prior authorization, or
- after soliciting a number of sources, the grantee determines that there is inadequate competition.