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2 CFR 200: When What You Dont Know & Dont 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

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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

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WE THINK

RESILIENT

WK DICKSON

Completed at the request of the US Inspector General in 2013

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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

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WK DICKSON

When in doubt ASK the Agency BEFORE beginning the application process!

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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

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2 CFR 200 – SUBPART D

General Procurement Standards

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 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

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2 CFR 200 – SUBPART D

General Procurement Standards

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 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

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WK DICKSON

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

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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

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Violations can result in loss of federal funds!

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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

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WE THINK

RESILIENT

WK DICKSON

Violations can result in loss of federal funds!

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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
  • fficers, employees & agents
  • Unsolicited gifts of nominal

value are excluded

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WK DICKSON

Follow ‘Most Restrictive Rule’ when evaluating local, state & federal requirements

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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

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WK DICKSON

Focus on OPPORTUNITY to compete

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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

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Meant to ensure contract prices are reasonable & to prevent potential of gouging

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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

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RESILIENT

WK DICKSON

Always verify with Funding Agency BERFORE utilizing sole source procurement!

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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

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WK DICKSON

Pre-positioned, competitively bid contracts ARE allowed

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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”

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WK DICKSON

2 CFR 200: FINAL THOUGHT

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If You You Did Not Not Doc

  • cument It…

It D Did Not Ha Happen ppen!

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TH THANK YOU! YOU!

Angie Mettlen

Director of Strategic Funding & Regulatory Affairs

843.540.1015 amettlen@wkdickson.com www.wkdickson.com

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