[Amended 10-4-2012 by Ord. No. 12-149; 8-15-2024 by Ord. No. 24-110]
A. 
Conditions of use. These purchases are limited in frequency related to individual commodities and services. Contract requirements shall not be artificially divided so as to constitute a small procurement or evade the competitive procurement requirements for amounts in excess of $2,001 under this section.
B. 
Minimum requirements. Procurements up to $2,001 may be obtained in a way that it is in the best interest of the City as determined by the department head.
C. 
Payment of purchases. The payment of purchases more than $2,001 will be made either on purchase order forms or by using a purchasing card. The use of purchasing cards does not require a purchase order number. Certain circumstances may require the use of a purchase order under $2,001 (e.g., vendor required, expenditures from certain accounts, etc.).
D. 
Purchasing cards. Notwithstanding the other provisions of this section, each City department head and designees shall have the authority to make purchases in an amount less than $2,001 on so-called "purchasing cards" in such manner and on such cards as may be prescribed by the agent.
[Amended 8-15-2024 by Ord. No. 24-110]
A. 
Conditions of use. These purchases are limited in frequency related to individual commodities and services. Contract requirements shall not be artificially divided so as to constitute a small procurement or evade the competitive procurement requirements for amounts in excess of $25,000 under this section.
B. 
Minimum requirements. For procurements over $2,001 and not more than $25,000, insofar as it is practical for small purchases, no less than three businesses shall be solicited to submit quotations. Quotations may be accepted by telephone. Award shall be made to the business offering the lowest acceptable quotation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded with purchase orders and maintained as a public record.
C. 
Minimum quotation requirements. For purchases of $2,001 to $25,000, the using department shall obtain quotations/proposals (these may be in written form, fax or e-mail) from at least three vendors. Where it is not feasible to obtain three quotes, a decision memo must be submitted. Purchases requisitions not in compliance with this chapter and all applicable statutes shall not be processed and shall be returned to the using department.
D. 
Evaluation factors. Evaluation factors which may justify an award to a vendor who has not provided the lowest quotation include, but are not limited to, delivery requirements, quantity requirements, quality and past vendor performance. Whenever it is determined that it is in the best interest to award a purchase contract to a vendor who did not submit the lowest acceptable quotation, the reason for the determination shall be indicated in a decision memo and retained with the contract. The decision memo documents and determines the appropriateness of the requested procurement process and approvals.
E. 
Award. Except as provided below, award shall be made to the vendor offering the lowest responsive and responsible quote who meets the specifications. Adequate records to document the competition solicited and award determination made shall be retained with the contract.
F. 
Sole source. Circumstances may exist where the Purchasing Officer determines that it is not feasible to secure three quotations. In other situations, the Purchasing Officer may determine that it is in the best interests of the City to consider only one supplier who has previous expertise relative to procurement. Whenever the City determines that it is not feasible or is not in the City's best interest to satisfy the minimum quotation requirements of Subsection B, the reason for this determination shall be indicated in writing on a decision memo and retained with the contract.
[Amended 8-15-2024 by Ord. No. 24-110]
A. 
Conditions of use. All purchases by the City (excluding professional services) where the value exceeds $25,000 (except where allowed by statute) shall be awarded by competitively sealed bidding except as otherwise provided (request for proposals, emergency procurements, cooperative purchases), or as provided by state statute. String purchasing is forbidden and purchases shall not be artificially divided for purposes of evading the competitive sealed bidding requirement.
B. 
Invitation for bids. An invitation for bids shall be issued and include specifications or general descriptions, and material nonnegotiable contractual terms and conditions applicable to the procurement.
C. 
Public notice. Adequate public notice of the invitation for bids shall be given within a reasonable time, no less than 10 calendar days prior to the date set forth therein for the submittal and opening of bids. For bids with a mandatory pre-bid meeting, the public notice must be published at least seven calendar days prior to the meeting date. The public notice shall state the project, place, submittal date, any statutory requirements and time of bid opening. The bid notice will not be published until plans are finalized.
D. 
Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, or such other relevant information as the Purchasing Officer deems appropriate, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection in accordance with Public Access to Procurement Information, subject to exemptions from disclosure under the Freedom of Information Act.
E. 
Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. The issuing department/bureau, based on the requirements set forth in the invitation for bids, shall evaluate bids for responsiveness. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life-cycle costs. The invitation for bid shall set forth the evaluation criteria to be used. No criteria may be used in the evaluations that are not set forth in the invitation for bid. Alternative bids may be considered and accepted only if they are specifically provided for in the invitation for bids and meet the evaluation criteria set forth.
F. 
Correction or withdrawal of bids; cancellation of award.
(1) 
Bids withdrawn prior to opening. Bids may be withdrawn prior to the bid opening upon written request of the bidder and in accordance with the terms and conditions contained in the bid document.
(2) 
Correcting bid totals. After the bid opening, no changes in prices or other provisions shall be permitted, except to correct calculations, as stated in the terms and conditions contained in the bid document.
(3) 
Clarifications. The Purchasing Officer may obtain clarification from any bidder, after opening, deemed necessary to fully evaluate the bid.
(4) 
Bid withdrawal after bid opening. Correction or withdrawal of inadvertently erroneous bids before or after bid opening or cancellation of awards or contracts based on such bid mistakes may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for the bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
(a) 
The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
(b) 
The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Purchasing Officer.
G. 
Lowest responsible bidder. Bids shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price and compliance with all applicable bid specifications, the agent, where appropriate, shall consider:
(1) 
The ability, capacity, and skill of the bidder to perform the bid or provide the service required.
(2) 
Whether the bidder can perform the bid or provide the service promptly, or within the time specified, without delay or interference.
(3) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) 
The quality of performance of previous bids.
(5) 
The previous existing compliance by the bidder with the laws and ordinances relating to the bid.
(6) 
The sufficiency of the financial resources and ability of the bidder to perform the bid.
(7) 
The quality, availability, and adaptability of the supplies, or general services to the particular use required.
(8) 
The ability of the bidder to provide future maintenance and service for the use of the subject of the bid.
(9) 
The number and scope of conditions attached to the bid.
(10) 
The agent demonstrating that the bid is not in the City's best interest and does not promote the underlying purposes of this chapter may indicate such other factors in writing.
H. 
Tie bids.
(1) 
Local vendors. If all bids received are for the same total amount or the unit price, quality and service being equal, the bid shall be awarded to the bidder whose principal place of business is located in the City.
(2) 
Outside vendors. Should tie bids between equally responsive responsible bidders be received, the award will be made by a coin toss or otherwise by random selection by the Purchasing Officer.
I. 
Right of rejection. The City of Augusta reserves the right to accept or reject any or all bids/proposals and to waive any technicalities in the document.
J. 
Award.
(1) 
The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a construction project exceeds available funds as certified by the City and such bid does not exceed such funds by more than 20%, the Purchasing Officer is authorized to negotiate an adjustment of the bid price and amendments to the specifications and contractual terms and conditions applicable to the construction project with the low responsive and responsible bidder in order to bring the bid within the amount of available funds.
(2) 
When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of non-priced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation.
[Amended 8-15-2024 by Ord. No. 24-110]
A. 
Condition for use. In cases where the City seeks to contract for a project or service whose goals, tasks or results are known, but for which the procedure or method of accomplishing same either may not be specified or is otherwise undetermined, a contract may be entered into by use of the request for proposal procedure.
B. 
Request for proposal. Proposals shall be solicited through the Purchasing Officer and shall include specifications or general descriptions, and material nonnegotiable contractual terms and conditions applicable to the procurement. Persons engaged in providing the described professional services may submit statements of qualifications and expressions of interest in providing such professional services. The department or bureau of the City using such professional services may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.
C. 
Public notice. Adequate public notice of the request for proposal shall be given in the same manner as public notice for invitation for bids.
D. 
Evaluation criteria. Criteria, including the weight to be given to each factor, must be developed for evaluation of the proposal prior to notice. The completed evaluations must be attached to the using department recommendation.
E. 
Receipt of sealed proposals. Names of offerors will be acknowledged in the presence of one or more witnesses at the time and place designated in the public notice. Contents of the proposals shall not be disclosed to any of the competition or offerors during the negotiation process. A register of the proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after the contract is awarded, subject to exemptions from disclosure under the Freedom of Information Act.
F. 
Discussions with responsible offeror and revisions to proposals. As provided in the request for proposals, discussions may be conducted with the responsible offerors who submitted proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to a successful understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion, and revision of proposals and such revision may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
G. 
Award. Award shall be made to the offeror determined in writing by the head of the City department or bureau procuring the required professional services to be best qualified based on evaluation factors set forth in the request for proposals, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offer or offerors, in the order of their respected qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable.
[Amended 10-16-2014 by Ord. No. 14-177]
A. 
Services requiring formal competitive proposal process. Purchases of special or professional services, as defined above, which are anticipated to exceed $10,000, design/build services or construction management at risk shall be made by a competitive proposal process as described in item (1) of this section.[1] The award of any contract for design/build services or construction management at risk shall require the approval of the Purchasing Officer. Notwithstanding the requirements of this section, said purchases may be made by competitive bid if the selection of a provider can reasonably be based upon the lowest possible price as determined by the department head.
[1]
Editor's Note: So in original; apparently refers to § 83-15.
B. 
Purchase requiring informal competitive proposal process. Purchases of special or professional services, which do not exceed $10,000 but are in excess of $1,500, shall be based upon a reasonable and documented attempt to solicit proposals.
(1) 
Proposals shall be solicited from at least three qualified or pre-qualified service providers. The refusal to submit a proposal from an otherwise valid provider shall qualify as a proposal. The process shall be documented in writing by the purchaser. If a single reasonable source exists for the service, this shall be documented in writing.
(2) 
The soliciting of proposals may be waived for any critical emergency, as defined in this chapter, or for any of the reasons for waiving a proposal process. Said waivers shall require the approval of the department head or designee, who shall certify in writing to the Purchasing Officer the need for a waiver, and the approval of the Purchasing Officer or designee. No further approval shall be required.
A. 
The City Manager or designee may require a pre-qualification process for bidders, suppliers, or professionals [hereinafter collectively referred to as "bidder(s)"]. The pre-qualification process shall require at a minimum that prospective bidders answer questions that are contained in a pre-qualification questionnaire. Notice of the pre-qualification requirement shall be given in the same manner as is required to receive bids or proposals; and once pre-qualification notice is given, additional notice shall not be required to receive the bids or proposals. Responses to the pre-qualification requirements shall be provided within the time frames designated and any written responses shall be provided in a sealed envelope under penalty of perjury.
B. 
The pre-qualification questionnaire shall include, but not be limited to, questions pertaining to the following criteria:
(1) 
The familiarity and experience of the prospective bidder with the particular type of purchase or contract designated.
(2) 
The sufficiency and availability of personnel, equipment, materials, and other facilities or resources of the prospective bidder to accomplish the designated work or provide the construction or contract supplies, materials, or reports and opinions.
(3) 
The ability of the prospective bidder to provide required bonds and insurance, including indemnity.
(4) 
The financial ability/condition of the prospective bidder to accomplish the work designated.
(5) 
The experience of the prospective bidder to perform the designated work as well as the experience in performing similar work.
(6) 
The safety record of the prospective bidder.
(7) 
The record of the prospective bidder within the preceding five years regarding claims, arbitration, mediation, or litigation filed by or against the prospective bidder regarding public or private construction contracts or other contracts where the prospective bidder provided services, supplies, materials, opinions or reports.
(8) 
Such other information as is deemed appropriate for the particular purchase or contract.
C. 
The City Manager or designee shall apply a uniform rating system to the prospective bidders for each purchase or contract. Bidders that are deemed qualified shall be provided the opportunity to submit bids or proposals in the manner set forth in this chapter; no other bids are required to be sought, although the City may solicit additional bids if, in the exercise of its discretion, it determines it to be in the City's best interests.
If a person disputes a pre-qualification denial, an appeal may be filed with the City Manager or designee not later than 10 calendar days after the decision. Notice of the pre-qualification denial shall be provided by certified mail to the address provided by the bidder on its application for pre-qualification, along with designation of the time period for dispute. A bidder may request the basis for the denial and any evidence relied upon by the City. The decision shall be final if no timely appeal is filed. An appeal shall be in writing specifying the particular grounds for appeal. All matters not set forth in the written request for reconsideration shall be deemed waived. The City Manager or designee shall designate a time to receive evidence and further shall establish the procedures for the appeal. The City Manager or designee shall allow a disqualified bidder to rebut any evidence previously received by the City and to submit additional evidence of qualification. The decision of the City Manager or designee shall be made prior to the receipt of bids to which the pre-qualification applies and shall be final.
A contract may be awarded where the Purchasing Officer determines that it is not feasible to secure bids. In other situations, the Purchasing Officer may determine that it is in the best interests of the City to consider only one supplier who has previous expertise relative to procurement. Whenever the Purchasing Officer determines that it is not feasible or is not in the City's best interest to satisfy the minimum bid requirements, the reason for this determination shall be indicated in writing on a decision memo, where required, and retained with the contract.
Notwithstanding any other provisions of this chapter, the City Manager may make or authorize others to make emergency procurements of supplies, services or construction items when there exists a threat to public health, welfare or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances.
A. 
The Purchasing Officer shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served thereby. The requirements of formal and informal bidding shall not apply to such cooperative arrangements.
B. 
Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public procurement units and open-ended state public procurement unit contracts, which are made available to other public procurement units after having been bid by another public procurement unit where required.
C. 
The agent shall have the authority to join with all other units in government, including local, county, state and federal, in cooperative purchasing plans when the best interest of the City would be served thereby. The requirements of formal and informal bidding shall not apply to such cooperative arrangements.
An invitation for bids, a request for proposals or other solicitation may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the City. The reasons therefor shall be made part of the contract file. Each solicitation issued by the City shall state that the solicitation may be cancelled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interest of the City. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurement of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors.
The City Manager shall designate the official(s) to be responsible for any construction project in excess of $50,000. The designated official shall have discretion to select the appropriate method of construction contracting management for a particular project. In determining which method to use, the designated official shall consider the City's requirements, its resources and the potential contractor's capabilities. The designated official shall execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
All specifications shall be drafted to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs, and shall not be unduly restrictive. The policy enunciated in this section applies to all specifications, including, but not limited to, those prepared for the City by architects, engineers, designers and draftsmen.
A. 
Brand name or equal specification may be used when the Purchasing Officer determines in writing that:
(1) 
No other design or performance specification or qualified products list is available;
(2) 
Time does not permit the preparation of another form of purchase description, not including a brand name specification;
(3) 
The nature of the product or the nature of the City's requirements makes use of a brand name or equal specification suitable for procurement; or
(4) 
Use of a brand name or equal specification is in the City's best interests.
B. 
Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award.
C. 
Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.
A. 
Since use of a brand name specification is restrictive of product competition, it may be used only when the Purchasing Officer makes a written determination that only the identified brand name item or items will satisfy the City's needs.
B. 
The Purchasing Officer shall seek to identify sources from which the designated brand name item(s) can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under § 83-20.
A. 
Under certain grant programs the City acts as a third-party administrator of local, state, and federal funds and does not procure goods and services for the City. The processing of a grant requisition is done to facilitate the method of payment and does not require any of the normal procurement procedures or approvals under this chapter.
B. 
In any situation wherein state grant funds are utilized to support a City purchase of goods or services, and either a majority of the funding is provided by the state government, or as a condition of such grant the City is required to follow the grantor's procurement regulations, such grantor's procurement regulations may be followed in lieu of compliance with this chapter.
[Amended 12-3-2020 by Ord. No. 20-283]
C. 
All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in 2 C.F.R. § 200.317 through § 200.326, as may be amended from time to time, unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. The City shall follow its own procurement requirements when expending federal funds provided that the procurements conform to federal law and the standards identified in the Uniform Guidance; otherwise, the City shall follow federal law and standards.
[Added 12-3-2020 by Ord. No. 20-283]
Where there has been competitive bidding, either formal or informal, but no bids were received or the City Manager rejected all bids because the bid prices were unreasonable, the Purchasing Officer may negotiate for purchases if it is determined:
A. 
That it is not feasible or practical to rebid the purchase;
B. 
Each qualified and responsible supplier on the bidders' list has been notified of the City's intention to negotiate and is given reasonable opportunity of negotiate; and
C. 
The final negotiated price is the lowest negotiated price offered by any qualified and responsible supplier.
A purchase by negotiation shall be approved by the City Manager, if in excess of twenty thousand dollars ($20,000), by the City Council. [Added 12-3-2020 by Ord. No. 20-283]
A. 
The City shall have the right to set-off or withhold any payment or portion thereof due to any business enterprise pursuant to any contract or purchase order for the purchase of any supplies, material, equipment and services if any taxes levied by the City against any property, both real and personal, owned by such business enterprise are delinquent and have been so delinquent for a period of not less than one year; provided, however, that no such amount withheld shall exceed the amount of tax, plus penalty, lien fees and interest, outstanding at the time of withholding.
B. 
A statement that the City shall have said right of set-off or withholding shall be included in all documents used for the purchase of goods and services, including but not limited to bid documents, requests for proposals, purchase orders and contracts. The Corporation Counsel and Finance Director shall prepare or cause to be prepared all such documents. Any contractor or vendor signing a contract or executing a purchase order with the City shall thereby authorize the City to execute such set-off.
C. 
Procedure.
(1) 
Within one month after the due date of the payment of real or personal taxes, the Tax Collector shall notify the Finance Director of all property taxes delinquent for a period of one year or more. The Finance Director shall have the authority to withhold any payment owed to any business enterprise as provided above.
(2) 
Any contractor or vendor shall have the opportunity to dispute the delinquency and/or to negotiate a reasonable and acceptable payment arrangement. The Finance Director shall have the authority to make any such payment arrangement. The Finance Director shall have the authority to withhold payment, pending resolution of such appeal.
(3) 
A procedure to accomplish the set-off or withholding of payments, as provided above, shall be developed by the Finance Director with review and approval by Corporation Counsel.
If a bidder, designee, or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the findings, shall be prepared by the using department. In determining responsibility of any bidder, the City may take into account, in addition to financial responsibility, past records of transactions with the bidder, experience, adequacy of equipment and ability to complete performance within a specific time. (For example, the ability to meet the specified completion date in accordance with the specifications.) A detailed explanation shall be sent promptly to the nonresponsible bidder or offeror, who shall then have three days to provide evidence to defeat the determination. The final determination shall be made part of the contract file. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for such determination.
[Added 12-3-2020 by Ord. No. 20-283]
A. 
No officer, employee, or agent of the City may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if s/he has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in, or receives a tangible personal benefit from, a firm considered for award of a contract:
(1) 
The employee, officer, or agent involved in the selection, award, or administration of a contract;
(2) 
Any member of his or her immediate family;
(3) 
His or her partner; or
(4) 
An organization which employs or is about to employ any of these parties.
B. 
Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this section shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with applicable federal awarding agency policy.
[Added 12-3-2020 by Ord. No. 20-283]
A. 
Officers, employees, and agents of the City are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to contracts or subcontracts. Items of nominal value valued at $20 or less, so long as the gift is not cash, and the person accepts no more than $50 in gifts, in the aggregate, from the same outside source in a calendar year that fall into one of the following categories may be accepted:
(1) 
Promotional items;
(2) 
Honorariums for participation in meetings; or
(3) 
Meals furnished at banquets.
B. 
Any officer, employee or agent who accepts an item of nominal value allowed under this section shall report the item to his or her immediate supervisor.
A. 
Employees of the City should report to their immediate supervisor any noncompliance with Article IV § 83 that is suspected, observed or otherwise made known. Officers should report to the City Manager or Mayor any noncompliance with Article IV § 83 that is suspected, observed or otherwise made known. Agents should report to the City Manager any noncompliance with Article IV § 83 that is suspected, observed or otherwise made known.
B. 
Employees violating Article IV § 83 shall be subject to discipline up to and including termination. Officers violating Article IV § 83 shall be subject to public censure. Agents or contractors violating Article IV § 83 shall be subject to termination of the contract and may not be eligible for future contract awards.