[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR74.43]



[Page 228]

 

                        TITLE 45--PUBLIC WELFARE

 

           SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

    PART 74_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND 

COMMERCIAL ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec. 74.43  Competition.



    All procurement transactions shall be conducted in a manner to 

provide, to the maximum extent practical, open and free competition. The 

recipient shall be alert to organizational conflicts of interest as well 

as noncompetitive practices among contractors that may restrict or 

eliminate competition or otherwise restrain trade. In order to ensure 

objective contractor performance and eliminate unfair competitive 

advantage, contractors that develop or draft grant applications, or 

contract specifications, requirements, statements of work, invitations 

for bids and/or requests for proposals shall be excluded from competing 

for such procurements. Awards shall be made to the bidder or offeror 

whose bid or offer is responsive to the solicitation and is most 

advantageous to the recipient, price, quality and other factors 

considered. Solicitations shall clearly set forth all requirements that 

the bidder or offeror shall fulfill in order for the bid or offer to be 

evaluated by the recipient. Any and all bids or offers may be rejected 

when it is in the recipient's interest to do so.