daf-3_administration_of_federal_grants_-_procurement
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| **Policy DAF-3** \\ | **Policy DAF-3** \\ | ||
| **Administration of Federal Grants - Procurement** \\ | **Administration of Federal Grants - Procurement** \\ | ||
| - | **School Board Approved: April 19, 2021** \\ | + | **School Board Approved: August 7, 2023** \\ |
| All purchases for property and services made using federal funds must be conducted in accordance with all applicable federal, state and local laws and regulations, the Uniform Guidance, and the District’s written policies and procedures.\\ | All purchases for property and services made using federal funds must be conducted in accordance with all applicable federal, state and local laws and regulations, the Uniform Guidance, and the District’s written policies and procedures.\\ | ||
| - | Procurement of all supplies, materials equipment, and services paid for from federal funds or District matching funds shall be made in accordance with all applicable federal, state, and local statutes and/or regulations, the terms and conditions of the federal grant, Board of Education policies, and administrative procedures.\\ | + | Procurement of all supplies, materials equipment, and services paid for from federal funds or District matching funds shall be made in accordance with all applicable federal, state, and local statutes and/or regulations, the terms and conditions of the federal grant, District policies, and procedures.\\ |
| - | The superintendent shall maintain a procurement and contract administration system in accordance with the USDOE requirements (2 CFR 200.317-.326) for the administration and management of federal grants and federally-funded programs. The District shall maintain a contract administration system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall conform to the provisions of the District’s documented general purchase policy DJ.\\ | + | The superintendent shall maintain a procurement and contract administration system in accordance with the USDOE requirements (2 CFR 200.317-.326) for the administration and management of federal grants and federally-funded programs. The District shall maintain a contract administration system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall conform to the provisions of the District’s documented general purchase policy DJ: Purchasing.\\ |
| The District avoids situations that unnecessarily restrict competition and avoids acquisition of unnecessary or duplicative items. Individuals or organizations that develop or draft specifications, requirements, statements of work, and/or invitations for bids, requests for proposals, or invitations to negotiate, are excluded from competing for such purchases. Additionally, consideration shall be given to consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, an analysis shall be made to lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. These considerations are given as part of the process to determine the allowability of each purchase made with federal funds.\\ | The District avoids situations that unnecessarily restrict competition and avoids acquisition of unnecessary or duplicative items. Individuals or organizations that develop or draft specifications, requirements, statements of work, and/or invitations for bids, requests for proposals, or invitations to negotiate, are excluded from competing for such purchases. Additionally, consideration shall be given to consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, an analysis shall be made to lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. These considerations are given as part of the process to determine the allowability of each purchase made with federal funds.\\ | ||
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| __Small Purchases (Simplified Acquisition)__\\ | __Small Purchases (Simplified Acquisition)__\\ | ||
| - | Small purchase procedures provide for relatively simple and informal procurement methods for securing services, supplies, and other property that does not exceed the competitive bid threshold of $250,000. Small purchase procedures require that price or rate quotations shall be obtained from an adequate number of qualified sources.\\ | + | Small purchase procedures provide for relatively simple and informal procurement methods for securing services, supplies, and other property which is acquired above the aggregate dollar micro-purchase threshold and not exceeding the competitive bid threshold of $250,000. Small purchase procedures require that price or rate quotations shall be obtained from an adequate number of qualified sources.\\ |
| __Sealed Bids__\\ | __Sealed Bids__\\ | ||
| - | Sealed, competitive bids shall be obtained when the purchase of, and contract for, single items of supplies, materials, equipment, build repair, enlarge, improve, or demolish a school building/facility the cost of which will equal or exceed $250,000.\\ | + | Sealed, competitive bids shall be obtained when the purchase of, and contract for, single items of supplies, materials, or equipment which amounts to $250,000 and when the Board determines to build, repair, enlarge, improve, or demolish a school building/facility the cost of which will equal or exceed $250,000.\\ |
| In order for sealed bidding to be feasible, the following conditions shall be present:\\ | In order for sealed bidding to be feasible, the following conditions shall be present:\\ | ||
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| When sealed bids are used, the following requirements apply:\\ | When sealed bids are used, the following requirements apply:\\ | ||
| - | * Bids shall be solicited in accordance with the provisions of state law and policy DJE. Bids shall be solicited from an adequate number of qualified suppliers, providing sufficient response time prior to the date set for the opening of bids. The invitation to bid shall be publicly advertised. | + | * Bids shall be solicited in accordance with the provisions of state law and policy DJE: Bidding Requirements. Bids shall be solicited from an adequate number of qualified suppliers, providing sufficient response time prior to the date set for the opening of bids. The invitation to bid shall be publicly advertised. |
| * The invitation for bids will include product/contract specifications and pertinent attachments and shall define the items and/or services required in order for the bidder to properly respond. | * The invitation for bids will include product/contract specifications and pertinent attachments and shall define the items and/or services required in order for the bidder to properly respond. | ||
| * All bids will be opened at the time and place prescribed in the invitation for bids; bids will be opened publicly. | * All bids will be opened at the time and place prescribed in the invitation for bids; bids will be opened publicly. | ||
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| **Time and Materials Contracts**\\ | **Time and Materials Contracts**\\ | ||
| - | The District uses a time and materials type contract only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the District is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.\\ | + | The District shall use a time and materials type contract only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the District is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.\\ |
| Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiently. Therefore, the District sets a ceiling price for each contract that the contractor exceeds at its own risk. Further, the District shall assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls, and otherwise performs in accordance with the terms, conditions, and specifications of their contracts or purchase orders.\\ | Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiently. Therefore, the District sets a ceiling price for each contract that the contractor exceeds at its own risk. Further, the District shall assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls, and otherwise performs in accordance with the terms, conditions, and specifications of their contracts or purchase orders.\\ | ||
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| Suspension is an action taken by the District that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensure. A person so excluded is suspended. (2 CFR Part 180 Subpart G)\\ | Suspension is an action taken by the District that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensure. A person so excluded is suspended. (2 CFR Part 180 Subpart G)\\ | ||
| - | Debarment is an action taken by the superintendent to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (2 CFR Part 180 Subpart H)\\ | + | Debarment is an action taken by the superintendent to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (See 2 CFR Part 180 Subpart H)\\ |
| - | The District shall not subcontract with or award sub-grants to any person or company who is debarred or suspended. For contracts over $25,000 the District shall confirm that the vendor is not debarred or suspended by either checking the federal government’s System for Award Management (“SAM”), which maintains a list of such debarred or suspended vendors at www.sam.gov; collecting a certification from the vendor. (2 CFR Part 180 Sub part C)\\ | + | The District shall not subcontract with or award sub-grants to any person or company who is debarred or suspended. For contracts over $25,000 the District shall confirm that the vendor is not debarred or suspended by either checking the federal government’s System for Award Management (“SAM”), which maintains a list of such debarred or suspended vendors at www.sam.gov (which replaced the former Excluded Parties List System or EPLS); or collecting a certification from the vendor. (See 2 CFR Part 180 Sub part C)\\ |
| Documentation that debarment/suspension was queried must be retained for each covered transaction as part of the documentation required under DAF-3, paragraph J. This documentation should include the date(s) queried and copy(ies) of the SAM result report/screen shot, or a copy of the certification from the vendor. It should be attached to the payment backup and retained for future audit review.\\ | Documentation that debarment/suspension was queried must be retained for each covered transaction as part of the documentation required under DAF-3, paragraph J. This documentation should include the date(s) queried and copy(ies) of the SAM result report/screen shot, or a copy of the certification from the vendor. It should be attached to the payment backup and retained for future audit review.\\ | ||
| **Additional Requirements for Procurement Contracts Using Federal Funds**\\ | **Additional Requirements for Procurement Contracts Using Federal Funds**\\ | ||
| + | __Clause for Remedies Arising from Breach__\\ | ||
| For any contract using federal funds under which the contract amount exceeds the upper limit for Simplified Acquisition/Small Purchases (see DAF-3.C.2), the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties. (See 2 CFR 200, Appendix II(A)).\\ | For any contract using federal funds under which the contract amount exceeds the upper limit for Simplified Acquisition/Small Purchases (see DAF-3.C.2), the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties. (See 2 CFR 200, Appendix II(A)).\\ | ||
| + | __Termination Clause__\\ | ||
| For any contract using federal funds under which the contract amount exceeds $10,000, it must address the District’s authority to terminate the contract for cause and for convenience, including the manner by which termination will be effected and the basis for settlement. (See 2 CFR 200, Appendix II(B)).\\ | For any contract using federal funds under which the contract amount exceeds $10,000, it must address the District’s authority to terminate the contract for cause and for convenience, including the manner by which termination will be effected and the basis for settlement. (See 2 CFR 200, Appendix II(B)).\\ | ||
| + | __Anti-Pollution Clause__\\ | ||
| For any contract using federal funds under which the contract amount exceeds $150,000, the contract must include clauses addressing the Clean Air Act and the Federal Water Pollution Control Act. (See 2 CFR 200, Appendix II(G)).\\ | For any contract using federal funds under which the contract amount exceeds $150,000, the contract must include clauses addressing the Clean Air Act and the Federal Water Pollution Control Act. (See 2 CFR 200, Appendix II(G)).\\ | ||
| + | __Anti-Lobbying Clause__\\ | ||
| For any contract using federal funds under which the contract exceeds $100,000, the contract must include an anti-lobbying clause, and require bidders to submit Anti-Lobbying Certification as required under 2 CFR 200, Appendix II (J).\\ | For any contract using federal funds under which the contract exceeds $100,000, the contract must include an anti-lobbying clause, and require bidders to submit Anti-Lobbying Certification as required under 2 CFR 200, Appendix II (J).\\ | ||
| + | __Negotiation of Profit__\\ | ||
| For each contract using federal funds and for which there is no price competition, and for each federal fund contract in which a cost analysis is performed, the District shall negotiate profit as a separate element of the price. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of the contractor’s past performance, and industry profit rates in the surrounding geographical area for similar work. (See 2 CFR 200.323(b)).\\ | For each contract using federal funds and for which there is no price competition, and for each federal fund contract in which a cost analysis is performed, the District shall negotiate profit as a separate element of the price. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of the contractor’s past performance, and industry profit rates in the surrounding geographical area for similar work. (See 2 CFR 200.323(b)).\\ | ||
| + | |||
| + | __“Domestic Preference” Requirement__\\ | ||
| + | The District must provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, to the greatest extent practicable. This requirement applies whether the District is purchasing the products directly or when the products are purchased by third parties on the | ||
| + | District’s behalf (e.g. subcontractor, food service management companies, etc.). It also generally applies to all purchases, even those below the micro-purchase threshold, unless otherwise stipulated by the federal awarding agency. See also additional “Buy American” provisions in DAF-4.C regarding food service procurement. | ||
| + | |||
| + | __Huawei Ban__\\ | ||
| + | The District may not use federal funds to procure, obtain, or enter into or renew a contract to procure or obtain equipment, services, or systems which substantially use telecommunications equipment or services produced by Huawei Technologies Company or ZTE Corporation, or any of their subsidiaries. | ||
| **Bid Protest**\\ | **Bid Protest**\\ | ||
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| **Maintenance of Procurement Records**\\ | **Maintenance of Procurement Records**\\ | ||
| - | The District shall maintain records sufficient to detail the history of all procurements. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, the basis for the contract price (including a cost or price analysis), and records regarding disbarment/suspension queries or actions. Such records shall be retained consistent with District policy EHB and District administrative procedures EHB-R.\\ | + | The District shall maintain records sufficient to detail the history of all procurements. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, the basis for the contract price (including a cost or price analysis), and records regarding disbarment/suspension queries or actions. Such records shall be retained consistent with District policy EHB: Record Retention and District administrative procedures EHB-R: Records Retention Schedule.\\ |
| **Legal References:**\\ | **Legal References:**\\ | ||
| - | //2 CFR 200.317-.326\\ | + | //2 CFR 200.317-.327\\ |
| 2 CFR 200, Appendix II(A)\\ | 2 CFR 200, Appendix II(A)\\ | ||
| 2 CFR 200, Appendix II(B)\\ | 2 CFR 200, Appendix II(B)\\ | ||
| 2 CFR 200, Appendix II(G)\\ | 2 CFR 200, Appendix II(G)\\ | ||
| - | 2 CFR 200, Appendix II (J)\\ | + | 2 CFR 200, Appendix II\\ |
| 2 CFR Part 180\\ | 2 CFR Part 180\\ | ||
| Executive Orders 12549 and 12689// | Executive Orders 12549 and 12689// | ||
| Line 156: | Line 168: | ||
| {{daf3_administration_of_federal_grants_-_procurement.pdf |Download}}\\ | {{daf3_administration_of_federal_grants_-_procurement.pdf |Download}}\\ | ||
| - | [[section_a|Section A]]\\ | + | [[section_d|Section D]]\\ |
| [[start|Policy Manual]] | [[start|Policy Manual]] | ||
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