Common use of Procurement Contracting Clause in Contracts

Procurement Contracting. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this award in accordance with 2 C.F.R. 200. 317-327 and Appendix II to Part 200 (A-C) and (X-X). 1. All contracts executed using funds awarded under this award shall contain the contract provisions listed under 2 C.F.R. 200.327 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2. For each of the following types of procurement, activities must follow the most restrictive of federal, state, or local procurement regulations: a. Micro purchase b. Small purchase c. Sealed bid d. Competitive proposal e. Non-Competitive proposal (solely when the award of a contract is unfeasible under the other methods) 3. The State must approve the use of a noncompetitive procurement method. Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. 4. Contracts attributed as “cost-plus-percentage-of-cost" or "percentage-of- construction-cost" are explicitly prohibited by Federal procurement standards and are ineligible for DHS/FEMA grant. 5. Subrecipients must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. 6. Subrecipients must negotiate profit as a separate element where required. 7. Subrecipients must not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (Executive Order 12549, Debarment and Suspension). a. Subrecipient must maintain documentation validating review of debarment list of eligible contractors. Evidence of non-debarment for vendors must be documented through XXX.xxx and xxxx://xxx.xxxxxx.xxxxx.xx.xx/procurement/prog/vendor_performance/xxxxxx xx/ and submitted for review. TDEM will not reimburse any expense for a debarred vendor or a vendor or Subrecipient that does not have a valid XXX.xxx registration. 8. Subrecipients must comply with rules related to underutilized businesses (small and minority businesses, women’s enterprises and labor surplus firms) at 2 C.F.R §200.321. 9. Subrecipients must comply with the rules of recovered materials for procurements at 2 C.F.R §200.323. 10. Subrecipients must comply with the rules for domestic preferences for procurements at 2 C.F.R § 200.322.

Procurement Contracting. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this award in accordance with 2 C.F.R. 200. 317-327 and Appendix II to Part 200 (A-C) and (X-X). 1. All contracts executed using funds awarded under this award shall contain the contract provisions listed under 2 C.F.R. 200.327 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2. For each of the following types of procurement, activities must follow the most restrictive of federal, state, or local procurement regulations: a. Micro purchase b. Small purchase c. Sealed bid d. Competitive proposal e. Non-Competitive proposal (solely when the award of a contract is unfeasible under the other methods) 3. The State must approve the use of a noncompetitive procurement method. Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. 4. Contracts attributed as “cost-plus-percentage-of-cost" or "percentage-of- construction-cost" are explicitly prohibited by Federal procurement standards and are ineligible for DHS/FEMA grant. 5. Subrecipients must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. 6. Subrecipients must negotiate profit as a separate element where required. 7. Subrecipients must not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (Executive Order 12549, Debarment and Suspension). a. Subrecipient must maintain documentation validating review of debarment list of eligible contractors. Evidence of non-debarment for vendors must be documented through XXX.xxx and xxxx://xxx.xxxxxx.xxxxx.xx.xx/procurement/prog/vendor_performance/xxxxxx xx/ and submitted for review. TDEM will not reimburse any expense for a debarred vendor or a vendor or Subrecipient that does not have a valid XXX.xxx registration. 8. Subrecipients must comply with rules related to underutilized businesses (small and minority businesses, women’s enterprises and labor surplus firms) at 2 C.F.R §200.321. 9. Subrecipients must comply with the rules of recovered materials for procurements at 2 C.F.R §200.323. 10200.323.10. Subrecipients must comply with the rules for domestic preferences for procurements at 2 C.F.R § 200.322.