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Federal Procurement Requirements Checklist for Non-State Entities

This is a checklist of the federal procurement requirements that local governments, Indian tribal governments, institutions of higher education, hospitals, and other eligible private nonprofit organizations must follow.

Please note this checklist is for your use in determining if you have done everything required. This is not an on-line form which can be used to save your answers.

  • ☐ Maintain written standards of conduct covering conflicts of interest and governing the performance of employees who engage in the selection, award, and administration of contracts (2 C.F.R. § 200.318(c)).
  • ☐ Conduct procurements in a manner providing for full and open competition (2 C.F.R. § 200.319).
  • ☐ Take six necessary steps to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible (2 C.F.R. § 200.321).
    • ☐ Place such organizations that are qualified on solicitation lists.
    • ☐ Ensure such organizations are solicited whenever they are potential sources.
    • ☐ Divide total requirements, when economically feasible, into smaller tasks or quantities.
    • ☐ Establish delivery schedules, where the requirement permits, which encourage their participation.
    • ☐ Use the services and assistance, as appropriate, of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
    • ☐ Require prime contractor to take the above affirmative steps if subcontracting.
  • ☐ Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold, including contract modifications (2 C.F.R. § 200.323).
  • ☐ Use allowable procurement methods, including procurement by micro-purchases, small purchases, sealed bidding, competitive proposals, and non-competitive proposals and ensure corresponding standards are met (2 C.F.R. § 200.320).
  • ☐ If using a T&M contract, ensure that no other contract type is suitable and the contract includes a ceiling price that the contractor exceeds at their own risk (2 C.F.R. § 200.318(j)).
  • ☐ Follow the bonding requirements for all facility and improvement projects (2 C.F.R. § 200.325).
  • ☐ Must include applicable contract provisions in all contracts awarded (2 C.F.R. § 200.326).
  • ☐ Comply with the procurement of recovered materials guidelines (2 C.F.R. § 200.322).
  • ☐ Maintain oversight to ensure contractors perform according to the terms, conditions, and specifications of their contracts or purchase orders (2 C.F.R. § 200.318(b)).
  • ☐ Maintain records sufficient to detail the history of the procurement. These records will include, but are not limited to the rationale for the method of procurement, selection of contract type; contractor selection or rejection; and basis for the contract price (2 C.F.R. § 200.318(i)).