OMB Uniform Grant Guidance and NM Procurement 1 The material appearing in this presentation is for informational purposes only and should not be construed as advice of any kind, including, without limitation, legal, accounting, or investment advice. This information is not intended to create, and receipt does not constitute, a legal relationship, including, but not limited to, an accountant client relationship. Although this information may have been prepared by professionals, it should not be used as a substitute for professional services. If legal, accounting, investment, or other professional advice is required, the services of a professional should be sought. 2 1
CONTENTS Subpart A Subpart B Subpart C Subpart D Subpart E Subpart F Acronyms and Definitions General Provisions Pre Federal Award Requirements and Contents of Federal Awards Post Federal Award Requirements Cost Principles Audit Requirements 3 PROCUREMENT Subpart D General Procurement Standards (200.318) o The Non Federal entity must use its own documented procurement procedures which reflect applicable laws and regulations and comply with the requirements of this section o Non Federal entities must maintain oversight to ensure that contractors perform in accordance with the term, conditions and specifications of their contracts or purchase orders 4 2
Subpart D General Procurement Standards (200.318) o The Non Federal entity must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. o If the non Federal entity has a parent, affiliate or subsidiary organization that is not a state, local government or Indian Tribe, the non Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. 5 Subpart D General Procurement Standards (200.318) Promoting more centralized procurement o Procedures must avoid acquisition of unnecessary or duplicative items Consideration should be given to consolidating or breakout procurements to obtain a more economical purchase o To foster greater economy and efficiency, and in accordance with efforts to promote cost effective use of shared services, the non Federal entity is encouraged to enter into inter entity agreements where appropriate for procurement or use of common or shared goods and services 6 3
Subpart D General Procurement Standards (200.318) Other considerations o Encouraged to use Value engineering Federal excess and surplus property o Award only to responsible contractors o Must maintain records sufficient to detail the history of procurement. o Must be responsible for settlement of all contractual and administrative issues arising out of procurement 7 Subpart D Methods of Procurement (200.320) o Micro Purchases o Small Purchase Procedures o Procurement by Sealed Bids (no significant changes) o Procurement by Competitive Proposals (no significant changes) o Procurement by Non Competitive Proposals (sole source) 8 4
Subpart D Competition (200.319) Restrictive competition include o Unreasonable requirements in order to qualify o Requiring unnecessary experience o Noncompetitive pricing practices between firms/companies o Noncompetitive contracts to consultants on retainer contracts o Organizational conflicts of interest o Specifying only a brand name to be offered o Preclude potential bidders from qualifying during the solicitation process 9 Subpart D Methods of Procurement (200.320) o Micro Purchases Supplies or services where the aggregate dollar amount does not exceed $3,000 (except construction subject to Davis Bacon where it is $2,000) To the extent practicable the entity must distribute micropurchases equitably among qualified suppliers Micro purchases may be awarded without soliciting competitive quotations if the entity consider the price to be reasonable 10 5
Subpart D Methods of Procurement (200.320) o Small Purchase Procedures Relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold (defined 200.088 and currently $150,000) o If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources o However NM Procurement 11 NMSA Chapter 13 o Sections 13 1 28 through 13 1 199 o 13 1 31 through 13 1 94 definitions o 13 1 97 requirement of central purchasing office o 13 1 98 Exemptions 12 6
NM Procurement Small Purchase definition (13 1 125) o $1,500< excluded from procurement requirements o $20K < = P.O. o Construction or items of tangible personal property o $20K $60K = at least 3 quotes o Tangible personal property, construction, and nonprofessional services o <$60K o Professional services 13 Subpart D Methods of Procurement (200.320) o Procurement by noncompetitive proposals (i.e. sole source) May only be used when one or more of the following circumstances apply: The item is available only from a single source; The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; The Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request; or After solicitation of a number of sources, competition is determined inadequate 14 7
Subpart D Methods of Procurement (200.320) o Competitive Proposals Above simplified threshold $60,000 for NM More than one source for proposal Usually used for fixed fee or cost reimbursement A written method of evaluation and selection. Award must go to most advantageous proposal 15 15 NM Procurement Competitive Sealed Bids (13 1 102 through 13 1 117) o Public notice o Adopt regulations regarding selection and award of professional service contracts o Requests for proposal requirements Specification for service of tangible property All contractual terms and conditions Disclosure of campaign contributions Location, date to be received and reviewed Requirement for complying in state preference 16 8
Subpart D Methods of Procurement (200.320) o Sole Source Must meet at least one of the criteria Single source availability Public emergency Written request has been made and approved by federal or PTE Competition is determined to be inadequate 17 NM Procurement Sole Source (13 1 126) o Only one source o Unique for the intended purpose o No other similar services cannot meet the intended purpose o Other Requirements Written determination Maintain for minimum of 3 years Contractor s name and address Amount and term Listing of services/property procured Prior to Award Provide information to Dept of information technology and LFC Posting on website 18 9
NM Procurement Emergency Procurements (13 1 127) o Immediate need that would threaten The functioning of the District Preservation or protection of property Health or safety of any person 19 Subpart D Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (200.321) o Place on solicitation lists o Assure solicitation whenever potential sources o Divide total requirements into smaller tasks o Encourage participation through delivery schedules o Using services and assistance of organizations o Requiring the prime contractor to take affirmative steps 20 10
Subpart D Contract cost and price (200.323) o Must make independent estimates before receiving bids or proposals >$150K (Conflicts with NM Procurement) o Must negotiate profit as a separate element of the price for each contract o Costs would be allowable under Subpart E Cost principles 21 NM Procurement under existing contracts (13 1 129) Price equal to or less than contractors GSA price Retain for public inspection Meeting same standards and specifications as to items procured Quantity does not exceed PO identifies price agreement 22 11
Subpart D Federal awarding agency or passthrough entity review (200.324) o Technical specifications o Pre procurement review 23 Subpart D Bonding requirements (200.32) o Minimum Requirements Bid guarantee from each bidder equivalent to 5% of the bid price Performance bond for 100% of contract price Payment bond for 100% of contract price 24 12
Contract provisions (200.326) o Appendix II to Part 200 Contract Provisions for non Federal Entity Contracts Under Federal Awards. Administrative, contractual or legal remedies>$150k Termination for cause and for convenience>$10k Equal Employment Opportunity Davis Bacon Act construction contracts >2K Contract Work Hours and Safety Standards Act >100K Rights to Inventions Made Under a Contract or Agreement Clean Air Act >150K Debarment and Suspension Byrd Anti Lobbying Amendment >100K 25 Common Findings 26 13
Quiz 27 CONTACT INFORMATION Amy Carter, Senior Manager Moss Adams LLP (505) 878 7223 Amy.Carter@mossadams.com 28 14
QUESTIONS? 29 15