[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR74.43]



[Page 120]

 

                           TITLE 34--EDUCATION

 

PART 74_ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF 

HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 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 specifications, 

requirements, statements of work, invitations for bids or requests for 

proposals shall be excluded from competing for procurements. Awards must 

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 establish 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.



(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)