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Page 27 of 52 <br />(2) If sealed bids are used, the following requirements apply: <br />(i) Bids must be solicited from an adequate number of known suppliers, providing <br />them sufficient response time prior to the date set for opening the bids, for state, <br />local, and tribal governments, the invitation for bids must be publically <br />advertised; <br />(ii) The invitation for bids, which will include any specifications and pertinent <br />attachments, must define the items or services in order for the bidder to properly <br />respond; <br />(iii) All bids will be opened at the time and place prescribed in the invitation for bids, <br />and for local and tribal governments, the bids must be opened publicly; <br />(iv) A firm fixed price contract award will be made in writing to the lowest <br />responsive and responsible bidder. Where specified in bidding documents, factors <br />such as discounts, transportation cost, and life cycle costs must be considered in <br />determining which bid is lowest. Payment discounts will only be used to <br />determine the low bid when prior experience indicates that such discounts are <br />usually taken advantage of, and <br />(v) Any or all bids may be rejected if there is a sound documented reason. <br />(d) Procurement by competitive proposals. The technique of competitive proposals is <br />normally conducted with more than one source submitting an offer, and either a fixed <br />price or cost -reimbursement type contract is awarded. It is generally used when <br />conditions are not appropriate for the use of sealed bids. If this method is used, the <br />following requirements apply: <br />(1) Requests for proposals must be publicized and identify all evaluation factors and their <br />relative importance. Any response to publicized requests for proposals must be <br />considered to the maximum extent practical; <br />(2) Proposals must be solicited from an adequate number of qualified sources; <br />(3) The non -Federal entity must have a written method for conducting technical <br />evaluations of the proposals received and for selecting recipients; <br />(4) Contracts must be awarded to the responsible firm whose proposal is most <br />advantageous to the program, with price and other factors considered; and <br />(5) The non -Federal entity may use competitive proposal procedures for qualifications - <br />based procurement of architectural/engineering (A/E) professional services whereby <br />competitors' qualifications are evaluated and the most qualified competitor is <br />selected, subject to negotiation of fair and reasonable compensation. The method, <br />Agreement No. R20AP00075 Agreement Template <br />2 U C -29 (03/2019) <br />