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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 2206648 (2)PURCHASE ORDER PO Number Page City. of/� 2206648 1 of z ' `t Collins This number must appear ` 1 on all invoices, packing slips and labels. Date: 09/13/2011 Vendor: 112468 FELSBURG HOLT & ULLEVIG INC 6300 S SYRACUSE WAY #600 CENTENNIAL Colorado 80111 Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1ST FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 09/16/2002 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 39 Change Order 18 1 LOT EA 15,000.00 Total $15,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort: Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 39) Cost Analysis Required — 'A C, 5 " Cost analysis and profit negations were l performed (initial award and modifications) And documented for price reasonableness was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in N A order to determine contract award. (To be , eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement y £5 History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, /�- d v Cry^^-4" .0 <? (2) Selection of contract type, CO TN 5 �4 h,1 bf r R Est (3) reasons for contractor selection or _�1-K a rejection, and p� l 4 the basis for the contract price. 1-1 C74IL 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions ND of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside l / the scope of the original contract. The T'�.4 ,nivRlC 5 a"LYS 5. amendment was treated as a sole source / procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments �G based on costs incurred (as opposed to /. percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 5 !Vf i 47) Time and Materials Contracts This is a time and materials contract; the L grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost /./ D This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages N o provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking A)D 1) The file contains: Assignability provisions. 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA required clauses. Excluded Parties Search EPS run and include in the file. f� Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAI V ER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcrof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dmmed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrineri purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the lame Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services ar equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected man the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this connaet agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities. Fovemmerod priorities, fires, strikes, Boor, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fec (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wartanes that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless From any loss, damage or expense which the Pumhascr may suffer or incur on account of the Sellers breach of wammay. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally onlered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by umnen change order, terminate this agreement as to any or all panions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits; on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which not the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella ofany of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shiny (30) days from the date the change or termination is ordered. & COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to career nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the diremors, office. and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lent, patent. trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in emanating with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the.wmicw of Scllcrs Repmscntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment an famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same to the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational . disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also catty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofolhen, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcm the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commuters officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his comractom or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchase, or said parties m or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 v0 `, �- C ityl•�J ��/\f Planning, Developrnent& Transportation Engineering 261 North College Avenue ®tl s P.O. Box 580 +'v'!• Voltitpt�a /— Fort Collins, CO 80522.0580 970.221.6605 970.221.6378 - iax tcgov. corNengineering CHANGE ORDER FORM PROJECTTITLE: Mason Corridor BRT PROJECT NUMBER: 400903280 (Professional Services) CONTRACTOR: Felsburg Holt & Ullevig (PO 42206648) CHANGE ORDER NUMBER: 18 In preparing change orders show in order as separate numbered paragraphs the following 1. Reason for change. 2. Description of change. 3. Change in contract cost. 4. Change in contract time. 1. & 2. See attached for reason and description of change. 3. The contract cost will increase by $15,000.00. 4. The contract time will be extended to July 31, 2012. ORIGINAL CONTRACT COST $1, 642, 542,00 TOTAL APPROVED CHANGE ORDERS $1,546,321.55 TOTAL PENDING CHANGE ORDERS $0.00 TOTAL THIS CHANGE ORDER $15,000.00 ADJUSTED CONTRACT COST $3,203,863.55 (Assuming all change orders approved) ACCEPTED BY: SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: cc: City Clerk Contractor Purchasing Project File w 1,- (Purchasing Agent) DATE: `6.4-11 DATE: qz _DATE: I - I DATE: + DATE: Fort Collins DATE: August 25, 2011 TO: Jim O'Neil FROM: Terry Tyrrell, CPM Planning, Development & Transportation Engineering Department 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6605 970.221.6378 - fax fcgov. com/engineering RE: Mason Corridor (MAX) Bus Rapid Transit Project Cost Analysis — FHU CO#18 FHU requires a supplement for the BRT project due to Project Schedule extension that was beyond FHU's control. As such, we recommend a 1-year contract extension to July of 2012 and a budget increase of $15,000. Attached please find the proposed Change Order 918 from FHU. I have prepared an Independent Cost Estimate (ICE) also attached, which is relatively close in cost. FHU should be utilized for this particular work effort since it would be less cost effective to have another consultant do this work as FHU has been engaged with project from its inception. In preparing my ICE for this change order, I used previous change order personnel rates from FHU and compared them to other consultants doing similar consultant work, such as Michael Baker Corp, and found FHU's rates to be reasonable. I based the estimated number of hours to perform these services for the ICE from my previous experience with FHU and other projects of similar complexities. FHU's original budget was based on a schedule starting construction in 2010. A second supplement was requested in early 2011 which has now been exhausted as we previously expected all the Railroad work to be complete by July 2011. As will be early 2012 before full construction activities are anticipated to begin, the additional budget is warranted to complete FHU's Railroad related consultant services through this timeframe. Based on my experience, I believe the requested Change Order # 18 for the amount of $15,000 is reasonable for the work remaining during the final design phase of the BRT project. As such, I recommend approval of this fee estimate. Terry Tyrrell, P �-FOft Collins Independent Cost Estimate Date of Estimate: 1-Aug-11 Contract Type: T&M Edsting Contract or PO (YIN): Y Description of Goods (A) or Services (B): B Provide Railroad and Agency Coordination services and PUG applications relative to the Mason BRT prgea Unit of 31350r Eased on previous worked performed by FHU. Assume 6 additional months of coordination (September thru Feb 2012). Assumed 20hm per month of effort. I have obtained the following estimate from; PuoliMed Price List / Past Pricing (dale) Engineering orTec finical Estimate (performed try) Independent TNrd Party Estimate (performed by) Other (specify) tem/Task: Cost Estimate Details: (Esemale calculated in US Doilars) Cost of Services, Repairs, or Non -Standard items M B+H. sevd w namtmeor. r,P� Signature of Preparer. FELSBURG �i HOLT & ULLEVIG engineering paths to transportation solutions August 1,2011 Mr. Terry Tyrrell Mason Corridor Project Manager City of Fort Collins 250 N. Mason Street Fort Collins, CO 80524 Re: Proposal for Consultant Services Mason Bus Rapid Transit Project Railroad/Agency Coordination Dear Mr. Tyrrell: Felsburg Holt & Ullevig continues to be available to the City of Fort Collins for Railroad and Agency Coordination services to assist you with ongoing coordination and PUC applications relative to the Mason BRT project. There are just a few remaining efforts beyond our current task order, which terminated the end of July 2011. For your consideration, we have prepared the following estimate of fees to help finalize the PUC applications and coordination the bi-weekly conference calls. Following you will find a budget summary of fees for this work. Work Task Sr. Engr. $135/hr Assoa 5145/hr Faoense BRT Cm dinatlon: Conference Calis 4C $5.4 Every other Friday, A. ust- December 2011 Finalise PUCApplicadons 24 S3,240 Final revisions ORTSo.th &Wcklehab apps PUCApplication Process Mon lto,ing 12 $1,620 Monitor online: Asslstwith add'I info Revlslons to Documents/Coordination 24 S3,240 Review/Revlslons Meatin s Pro'ea Management 8 SL360 Progress Reports Mile a a/Ea ensei $340 BRTTotals: 100 $13,500 8 $1,160 $340 Subtotal: $15008 Total: $15, In association with these efforts, exhibits and cost estimates are necessary for the PUC applications that are being generated by the City's Final Design Consultant, Baker and Associates. Therefore, no exhibit preparation is anticipated to be necessary. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 w .fhueng.com info@fhueng.com Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSNfFIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Felsburg Holt Ullevig State: COLORADO Country: UNITED STATES As of 12-Sep-2011 2:07 PM EDT Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Resources > Search Help >Advanced Search Tips > Public User's Manual >FAO > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epts.gov/epls/search.do 9/12/2011 Title: am cc Date: G% - / Z "1 / CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an independent cost estimate before receipt of ro osals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action v There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local PD geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract tens is based on sound business ud ment. 18) Award to Responsible Contractor / The City made a determination that it was awarding to a responsible contractor considering such matters as contractor ` 5 Z integrity, compliance with public policy, record /1 of past performance, and financial and technical resources. 5 1. Appropriate Financial, equipment, facility and personnel. (Y/N) C �/ f 2. Ability to meet delivery schedule. (Y/N) 1 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (YIN) 19) Sound and Complete Agreement This contract is a sound and complete f- -5 agreement. In addition, it includes remedies for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to property respond. 38) Sole Source if other Award is Infeasible C µ 4 0 �cjc v( The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify prices are no higher than price for such item by likely customers.) (2) Public exigency for the requirement did not permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources.