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Procurement Under Grants Public Assistance Policy

Please visit the Procurement Disaster Assistance Team webpage.

Procurement Under Grants for Public Assistance.  If you are a state, tribe, local government or private non-profit seeking reimbursement from FEMA for Public Assistance work, then there are federal procurement requirements that you must adhere to when contracting for the completion of that work.  Below you will find a 40-minute narrated presentation that will familiarize you with the major procurement-related requirements imposed by federal regulations on Public Assistance grantees and subgrantees, as well as the potential consequences of non-compliance.  In addition, below you will find job aids on procurement requirements for private non-profits and for local and tribal governments.

SizePublication Date
Icon for file of type application/pdfTemplate for Comparison of Federal and State Procurement Requirements as Applicable Under FEMA’s Public Assistance Program

The purpose of this template is to serve as a resource to applicable to local governments, Indian tribes, nonprofit organizations, and institutions of higher education that are required to follow state procurement rules. However, this template is voluntary for the states to fill out. If the state decides to use this template, it should fill in the boxes, which include bracketed instructions, with applicable state information, such as the specific state or state agency, rule, citation, or resource.

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Icon for file of type application/pdfTemplate for Comparison of Federal and State Procurement Requirements as Applicable Under FEMA’s Public Assistance Program

The purpose of this template is to serve as a resource to applicable to local governments, Indian tribes, nonprofit organizations, and institutions of higher education that are required to follow state procurement rules. However, this template is voluntary for the states to fill out. If the state decides to use this template, it should fill in the boxes, which include bracketed instructions, with applicable state information, such as the specific state or state agency, rule, citation, or resource.

5.89MDecember 7, 2017
Icon for file of type application/pdfProcurement Under Public Assistance Awards Brochure

This brochure provides an overview of the procurement rules applicable to local governments, tribes, institutions of higher education, and other nonprofits regarding the Federal procurement rules that apply to FEMA’s Public Assistance Program.

0.88MSeptember 27, 2017
Icon for file of type application/pdfTop 10 Procurement Under Grant Mistakes Leading to Audits and Potential Loss of Public Assistance Funding

This document provides a description of the top 10 issues that recipients and subrecipients of FEMA’s Public Assistance Program face regarding the Federal procurement under grants requirements.

0.10MSeptember 28, 2017
Icon for file of type application/pdfFAQs for Sole Sourcing in Exigency or Emergency Circumstances

This document provides answers to frequently asked questions about the exigency or emergency circumstances exception to the full and open competition requirements under 2 C.F.R. § 200.320(f)(2). This document also provides a template for justifying noncompetitive proposals (also known as sole source procurements) using this exception.

0.29MSeptember 29, 2017
Icon for file of type application/pdfFEMA Pricing Guide for Recipients and Subrecipients

This Guide is written with the specific intent of assisting FEMA’s recipients and subrecipients (formerly referred to as “grantees” and “subgrantees,” and now collectively referred to as “non-federal entities” or “NFEs”) with identifying and executing basic contract cost and price analysis requirements associated with procurements under Federal disaster assistance grants.  Accordingly, this Guide will identify and discuss commonly used general standards and techniques that various entities at all levels of government and industry use to meet the pricing requirements found within the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal (Uniform Rules).

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Icon for file of type application/pdfProcurement Guidance for Recipients and Subrecipients Under 2 CFR Part 200 (Uniform Rules)

This document provides guidance for Non-Federal Entity (“NFE”) recipients and subrecipients of Federal financial assistance awarded by the Federal Emergency Management Agency when using that assistance to finance procurements of property and services. The guidance provided by this document only applies to Federal financial assistance (e.g., grants and cooperative agreements) subject to the procurement standards of the government-wide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, at 2 C.F.R. §§ 200.317 to 200.326, which were adopted by the Department of Homeland Security.

0.60MJune 21, 2016
Icon for file of type application/pdfChecklist for Procurements Associated with Disasters BEFORE Dec 26 2014 - IHE, Hospitals, and PNPs

This checklist was created to assist FEMA grantees and subgrantees in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is NOT intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. §§ 215.40-48, which is the source of these requirements as they apply to Institutions of Higher Education (IHE), Hospitals, and Other Non-Profit Organizations.Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for "FEMA Procurement Field Manual." If any questions arise, please contact your servicing attorney or legal counsel for assistance. 1 In addition, the user may review FEMA’s

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Icon for file of type application/pdfPDAT Course Description

This document provides a short description of the Procurement Under FEMA Awards Presentation.

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Icon for file of type application/pdfKey Points Regarding Contracting Practices for Local and Tribal Governments

 

In the aftermath of a disaster resulting in a disaster declaration by the President of the United States, FEMA provides grant funding to local and tribal governments and non-profit ("PNP") entities to assist them with recovering from the event. Local governments and non-profit entities are generally referred to as "Subrecipients" because they receive grant funds through the state; tribal governments also are Subrecipients when not receiving grant funds directly from FEMA.1 Subrecipients must comply with the federal procurement standards to ensure their procurements are eligible for federal grant funding. These standards are found in Title 2 of the Code of Federal Regulations ("CFR"), sections 200.318 through 200.326 and became effective for declarations issued on or after December 26, 2014.2 While this document is intended to provide a summary of general guidance on FEMA’s standards for procurement, it is not intended to be comprehensive, serve as legal advice, or replace the advice of your servicing legal counsel.

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Icon for file of type application/pdfChecklist for Procurements Associated with Disasters AFTER Dec. 26, 2014 -New Uniform Rules (11-14-16)

 

This checklist was created to assist FEMA recipients and subrecipients in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is not intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. § 200.317 – 326, which is the source of these requirements. FEMA’s in –depth guidance on these provisions can be found in its Supplement to the Public Assistance Field Manual. In addition, the user may review FEMA’s Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for "FEMA Procurement Field Manual." While the Field Manual was drafted to specifically address the Federal procurement standards that were in effect prior to 26 December 2014 (44 C.F.R. § 13.36(a)-(i) – States, Local and Tribal Governments; and 2 C.F.R. § 215.40-48 – Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), many of the concepts are similar or identical in substance, and thus remains an excellent tool for navigating the current Federal procurement standards. If any questions arise, please contact your servicing attorney or legal counsel for assistance.

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Icon for file of type application/pdf2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses (1-09-17)

 

Requirements under the Uniform Rules. A non-Federal entity’s contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity’s own procedures in that area.

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Icon for file of type application/pdfOCC Toolbox Series PNP Requirements

This document is intended to help attorneys and procurement officials for private nonprofits understand the requirements for procurements under Federal grants set forth at 2 C.F.R. §§ 215.40-48.  

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Icon for file of type application/pdfOCC Toolbox Series Non-State Requirements

This document is intended to help attorneys and procurement officials for local and tribal governments understand the requirements for procurements under Federal grants set forth at 44 C.F.R. § 13.36.

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Icon for file of type application/pdfPublic Assistance Grantee & Subgrantee Procurement Field Manual

The PA Grantee and Subgrantee Procurement Field Manual provides a description and explanation of the mandatory requirements for Public Assistance grantees and subgrantees when using Public Assistance funding to finance their procurements.  We developed this Field Manual to support FEMA employees in assisting grantees and subgrantees to comply with the procurement requirements and to increase consistency in the FEMA’s application of these standards across the agency.

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Icon for file of type application/pdfProcurements Under Grants Checklist for Non-Federal Entity procurements associated with declarations issued after 26 December 2014

This checklist was created to assist FEMA recipients and subrecipients in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is not intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. § 200.317 – 326, which is the source of these requirements.  In addition, the user may review FEMA’s Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements, which is available on the internet by searching for “FEMA Procurement Field Manual.”  While the Field Manual was drafted to specifically address the Federal procurement standards that were in effect prior to 26 December 2014 (44 C.F.R. § 13.36(a)-(i) – States, Local and Tribal Governments; and 2 C.F.R. § 215.40-48. -Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), many of the concepts are similar or identical in substance, and thus remains an excellent tool for navigating the current Federal procurement standards.  If any questions arise, please contact your servicing attorney or legal counsel for assistance.

2 C.F.R. § 200.317 – 326 became effective on December 26, 2014.  For disasters (and their associated projects) declared prior to that date, the relevant procurement standards can continue to be found in 44 C.F.R. § 13.36(a)-(i) (States, local and tribal governments) and 2 C.F.R. § 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits).1  As indicated above, while many of the concepts are similar or identical, there are some substantive differences between the old and the new standards.  Accordingly, this checklist should not be used for procurements associated with declarations issued prior to 26 December 2014.  Instead, see procurement standards Checklists 13.36 and 215.   

 

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Icon for file of type application/pdfChecklist for Procurements Associated with Disasters Before Dec. 26, 2014 - State, Local, and Tribal Governments

This checklist was created to assist State, Local and Tribal governments in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses for disasters and emergencies declared prior to 26 December 2014. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is NOT intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 44 C.F.R. § 13.36, which is the source of these requirements as they apply to State, Local and Tribal governments. If any questions arise, please contact your servicing attorney or legal counsel for assistance.

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Icon for file of type application/pdfContract Clauses Appendix

Requirements under the Uniform Rules.  A non-Federal entity’s contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below.  2 C.F.R. § 200.326.  For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language.  Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II.  We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity’s own procedures in that area.   

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Icon for file of type application/vnd.openxmlformats-officedocument.presentationml.presentationProcurement Under Grants PA Policy (PowerPoint Presentation)
0.03GJuly 2, 2014