[Added 1-2-2018 by L.L.
No. 1-2018]
2 CFR Part 200 (Subparts A through F), Uniform Administrative
Requirements, Cost Principals and Audit Requirements for Federal Awards,
requires organizations receiving federal awards to establish and maintain
effective internal controls over federal awards.
A.
The requirements for procurements using federal awards are contained
in the Uniform Guidance (2 CFR Part 200, Subparts A through F), program
legislation, federal awarding agency regulations, and the terms and
conditions of the award.
B.
To comply with 2 CFR Part 200 (Subparts A through F), the County
of Putnam implements policies and procedures, including, but not limited
to:
(1)
The County will use its own documented procurement procedures
which reflect applicable state, local and tribal laws and regulations;
provided that the procurements conform to applicable federal law and
Uniform Guidance. As such, County procurements related to federal
grants will be subject to New York State General Municipal Law, Putnam
County Procurement Policy and Uniformed Guidance Requirements.
(2)
Contract files will document the significant history of the
procurement, including the rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and
the basis of contract price.
(4)
Procurements will provide for full and open competition as set
forth in the Uniform Guidance, or state and local procurement thresholds,
whichever is most restrictive.
(5)
No employee, officer or agent may participate in the selection,
award or administration of a contract supported by a federal award
if he or she has a real or apparent conflict of interest. Such a conflict
of interest would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the parties indicated herein,
has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. The officers, employees, and
agents can neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or parties to subcontracts. If
the financial interest is not substantial or the gift is an unsolicited
item of nominal value, no further action will be taken. However, disciplinary
actions will be applied for violations of such standards otherwise.
(6)
The County will avoid acquisition of unnecessary or duplicative
items. Consideration will be given to consolidating or breaking out
procurements to obtain a more economical purchase. Where appropriate,
an analysis will be made of lease versus purchase alternatives, and
any other appropriate analysis to determine the most economical procurement
approach. The County will also analyze other means, as described in
§ 200.318 of the Uniform Guidance, to ensure appropriate
and economical acquisitions.
(7)
The County will enter into state and local intergovernmental
agreements or interentity agreements, where appropriate.
(8)
The County will only utilize time and materials contracts when
it has been determined, in writing, that no other contract type is
suitable.
(9)
Vendors/contractors that develop or draft specifications, requirements,
statements of work, or invitation to bids or requests for proposals
must be excluded from competing for such procurements.
(10)
The County will make available, upon request of the federal
awarding agency or pass-through entity, technical specifications on
proposed procurements where the federal awarding agency or pass-through
entity belives such review is needed.
(11)
County departments are prohibited from contracting with or making
subawards under covered transactions to parties that are suspended
or debarred or whose principals are suspended or debarred. Covered
transactions include those procurement contracts for goods and services
awarded under a nonprocurement transaction (i.e., grant or cooperative
agreement) that are expected to equal or exceed $20,000. All nonprocurement
transactions (i.e., subawards to recipients), irrespective of award
amount, are considered covered transactions.
(12)
The County of Putnam will include a suspension/debarment clause
in all written contracts in which the vendor/contractor will certify
that it is not suspended or debarred. The contract will also contain
language requiring the vendor/contractor to notify the County immediately
upon becoming suspended or debarred. This will serve as adequate documentation
as long as the contract remains in effect.
(13)
County departments will be required to notify the Purchasing
Department and Department of Law that federal funding will be used
for a certain procurement/contract. When requesting a written contract,
the County Department will be responsible for running the vendor/contractor's
name through the System for Award Management (SAM) to determine any
exclusions. A copy of the SAM search will be included with the contract
request. Prior to issuing a purchase order using federal funds, the
Purchasing Department will check the SAM to determine if any exclusions
exist for the vendor/contractor. If a vendor/contractor is found to
be suspended or debarred, the County will immediately cease to do
business with the vendor.
(14)
The County will not use statutorily or administratively imposed
state, local or tribal geographical preferences in the evaluation
of bids or proposals; except in those cases where applicable federal
statues expressly mandate or encourage geographical preference.
(15)
The County will take all necessary affirmative steps to assure
that minority businesses, women's business enterprises, and labor
surplus area firms are used when possible.
(16)
The County will procure recovered materials in compliance with
§ 200.322.
(17)
The County will perform a cost or price analysis relating to
every procurement more than the simplified acquisition threshold ($150,000).
(18)
The County will require appropriate bonding requirements as
per § 200.325.
(19)
The County will only award contracts to responsible vendors
and will document, in writing, such determination.
(20)
County contracts will contain the applicable provisions described
in Appendix II to Part 200, Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards.
(21)
The County will maintain oversight to ensure that contractors
perform in accordance with the contracts terms, conditions, and specifications.
