The WIOA Joint Final Rule requires that the LWIB’s competitive process be based on local procurement policies and procedures as well as the principles of competitive procurement in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200, including the Department of Labor’s (DOL’s) specific requirements at 2 CFR part 2900, and other applicable regulations and policies. 

1. Appendix I of the Uniform Guidance outlines what the federal government has identified as the information that should be included in a competitive solicitation.  Under WIOA, and consistent with the Uniform Guidance, the general procurement requirements include:
   1. Written Policies and Procedures;
   2. Methods of Procurement for Competitions;
   3. Full and Open Competition;
   4. Written Standards of Conduct;
   5. Transparency and Responsibility; and
   6. Recordkeeping.
2. All procurement transactions must be conducted using full and open competition.
   1. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
   2. Some of the situations considered to be restrictive of competition include, but are not limited to:
      1. Placing unreasonable requirements on firms in order for them to qualify to do business;
      2. Requiring unnecessary experience and excessive bonding;
      3. Noncompetitive pricing practices between firms or between affiliated companies;
      4. Noncompetitive contracts to consultants that are on retainer contracts;
      5. Organizational conflicts of interest;
      6. Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
      7. Any arbitrary action in the procurement process.