2 CFR 200: When What You Don’t Know & Don’t DOCUMENT Can Hurt You South Carolina Rural Water Association Decision Makers Summit February 22, 2019 Angie Mettlen Director of Strategic Funding & Regulatory Affairs
WHAT IS 2 CFR 200? • Rules for award & administration of federal funds • Replaces all other rules & OMB circulars • Applicable to ALL entities receiving federal funds • Effective beginning with the fiscal year following 12/26/17 = 7/1/2018 Completed at the request of the US Inspector General in 2013 WE THINK WK DICKSON RESILIENT 2
2 CFR 200 – SUBPART D • Procurement for goods & services • Post-award requirements • Applicable for most federal assistance programs • Applicable to most categories of covered funds When in doubt ASK the Agency BEFORE beginning the application process! WE THINK WK DICKSON RESILIENT 3
2 CFR 200 – SUBPART D General Procurement Standards Document Local Procurement Procedures Maintain Oversight of Contractors Maintain Written Standards of Conduct & Conflicts of Interest Avoid Procurement of Unnecessary or Duplicative Items (i.e. Stockpiling) Encourage State or Interlocal Agreements for Purchases; Purchase of Federal Surplus Property; and Value Engineering Clauses in Contracts WE THINK WK DICKSON RESILIENT 4
2 CFR 200 – SUBPART D General Procurement Standards Award Contracts to Only Responsible Contractors (i.e. Check Debarment Lists) Maintain Procurement Records – DOCUMENT! Utilize Time & Material Contracts ONLY if No Other Suitable Contract is Available AND if Includes Ceiling Contract Amount Settlement of Issues at Local Level(i.e. Contract Dispute Resolution) Full & Open Competition WE THINK WK DICKSON RESILIENT 5
2 CFR 200-SUBPART D: GENERAL PROCUREMENT • Procedures must be in writing & consistent with state & federal law • Include statement that entity with comply with federal laws & regulations when utilizing federal funds • Keep all records to provide written documentation of compliance No need to cite all portions of 2 CFR 200 in local procurement procedures – a simple statement is sufficient but be sure you KNOW & UNDERSTAND the federal requirements WE THINK WK DICKSON RESILIENT 6
2 CFR 200-SUBPART D: CONFLICTS OF INTEREST • Policy must be in writing & include disciplinary actions • Cover officers, employees, agents and their spouses, immediate family members, partners & present/future employers • Pertains to real/apparent financial or other interest OR personal tangible benefit • Non-substantial financial interest is excluded Violations can result in loss of federal funds! WE THINK WK DICKSON RESILIENT 7
2 CFR 200-SUBPART D: GIFTS & FAVORS • Policy must be in writing & include disciplinary actions • Prohibited givers – current or future contractor/vendor • Prohibited receiver – ALL officers, employees & agents • Unsolicited gifts of nominal value are excluded Violations can result in loss of federal funds! WE THINK WK DICKSON RESILIENT 8
2 CFR 200-SUBPART D: BID THRESHOLDS • Micro-purchases – up to $10,000 • No quotes; Equitable • Simplified Acquisition– up to $250,000 • Informal quotes • Contracts >$250,000 programs • Sealed Bid; Competitive Proposals Follow ‘Most Restrictive Rule’ when evaluating local, state & federal requirements WE THINK WK DICKSON RESILIENT 9
2 CFR 200-SUBPART D: M/WBE REQUIREMENTS • Participation Goal • ALL contracts above micro- purchase threshold • Six solicitation steps • M/WBE on bidders list • M/WBE included on bid solicitations • Divide project into smaller contracts to encourage participation • Delivery schedules to accommodate M/WBEs • Use available services • Require prime contractors to follow same steps Focus on OPPORTUNITY to compete WE THINK WK DICKSON RESILIENT 10
2 CFR 200-SUBPART D: TIME & MATERIALS / COST-PLUS CONTRACTS • Cost-plus contracts are NOT allowed • Time & material contracts allowed if no other works AND includes NTE ceiling Meant to ensure contract prices are reasonable & to prevent potential of gouging WE THINK WK DICKSON RESILIENT 11
2 CFR 200-SUBPART D: SOLE SOURCE CONTRACTS • Item available from only one source/vendor • Exigent circumstances • Authorized by Funding Agency • Inadequate competition after solicitation attempts • GSA purchase contract or interlocal agreements Always verify with Funding Agency BERFORE utilizing sole source procurement! WE THINK WK DICKSON RESILIENT 12
2 CFR 200-SUBPART D: FULL & OPEN COMPETITION • Firms/contractors developing documents PRIOR to federal award are precluded for bidding on work • Geographic preference NOT allowed • Placing unreasonable and/or excessive requirements, bonding, experience to qualify • “Brand name” specification without “or equal” Pre-positioned, competitively bid contracts ARE allowed WE THINK WK DICKSON RESILIENT 13
2 CFR 200: FINAL THOUGHT If You You Did Not Not Doc ocument It… It D Did Not Ha Happen ppen! WE THINK WK DICKSON RESILIENT 14
TH THANK YOU! YOU! 843.540.1015 Angie Mettlen Director of Strategic Funding amettlen@wkdickson.com & Regulatory Affairs www.wkdickson.com 15
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