Finding Text
2 CFR § 1000.1 gives regulatory effect to the Department of Treasury for 2 CFR § 200.318 through 200.327 which describe specific procedures non-Federal entities must follow when entering into procurement transactions using Federal funds. 2 CFR § 200.318(a) indicates a non-Federal entity must have and use its own documented procurement procedures, consistent with State and local laws and regulations and the standards of 2 CFR § 200.318 through 200.327, for the acquisition of property or services required under a Federal award or subaward. 2 CFR § 200.320 indicates the non-Federal entity must use the following methods of procurement: (a) Procurement by micro-purchases, which the aggregate dollar amount does not exceed the non-Federal entity’s micro-purchase dollar threshold; (b) Procurement by small purchase procedures, which are procurements of relatively simple and informal nature, which do not exceed the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources; (c) Procurement by sealed bids, which requires public solicitation of bids and a firm fixed price contract (lump-sum or unit price) is awarded to the responsible bidder whose bid, conforming with all material terms and conditions in the invitations to bid, is the lowest in price; (d) Procurement by competitive proposals, which is generally used when conditions are not appropriate for the use of sealed bids and is a procurement method in which either a fixed price or cost-reimbursement type contract is awarded; or (e) Procurement by non-competitive proposals, which are appropriate when an item can be obtained only from a single source, the non-competitive procurement is specifically authorized by the Federal awarding agency or pass-through entity, competition is deemed adequate after solicitation through competitive means, the aggregate amount of procurement does not exceed the micro-purchase threshold, and/or the public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation. 2 CFR § 200.318(i) indicates the non-Federal entity must maintain records sufficient to detail the history of procurement. 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, and the basis for the contract price. 31 CFR § 19.300 indicates before entering into a covered transaction as defined in 31 CFR § 19 Subpart B, the non-Federal entity must ensure the expenditure is not made to an individual or business that is excluded or disqualified from receiving Federal funds by checking the Excluded Party List System (EPLS), collecting a certification from the individual or business, or adding a clause or condition to the contract. The City did not establish the necessary controls or policies to ensure proper compliance with Procurement requirements. For five of five procurements in excess of the City’s micro-purchase threshold which were entered into using Coronavirus State and Local Fiscal Recovery Funds (SLRF), the City did not maintain records sufficient to detail the history of the procurement. It was not evident if the City obtained quotes or bids for the items purchased or if a cost-price analysis was performed. Additionally, the City did not have written procurement procedures that conform to applicable laws noted above. Finally, the City did not ensure the vendors paid under covered transactions using SLRF funds were not excluded or disqualified from receiving Federal funds. The City should review the procurement requirements contained in 2 CFR § 200.318 through 200.327 and develop policies and procedures to ensure compliance. The City should maintain sufficient documentation to detail the history of the procurement, which may vary depending on the procurement method used. As a part of the procurement process, the City should include procedures for ensuring a vendor is not excluded or disqualified from receiving Federal funds and maintain documentation the procedure was followed.