4.8.2 General Procurement Standards
Effective date: TBD
- Written Procedures. The recipient1 must have and use documented procurement procedures, that are consistent with federal, state, and local laws and regulations and the standards of this section, for the acquisition of property or services required under a federal award2 or subaward3. The recipient's documented procurement procedures must conform to the procurement standards identified in 2 CFR 200.317 through 2 CFR 200.327.4
- Code of Conduct. The recipient must maintain a written code of conduct providing standards governing the performance of its officers, employees, or agents engaged in the selection, award, and administration of contracts5 using DWD-DET funds. These standards must provide the following:
- Conflict of Interest. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if they have a real or apparent conflict of interest.
- Gratuities and Favors. No officers, employees, and agents of the award recipient may either solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
- Penalties. To the extent permitted by state or local law or regulations, such standards must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient.
- Avoid Acquisition of Unnecessary or Duplicative Items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis should be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.
- Excess and Surplus Property. The recipient is encouraged to use federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.6
- Settlements. In accordance with good administrative practice and sound business judgment, the recipient alone must be responsible for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the recipient of any contractual responsibilities under its contracts. The judgment of the federal awarding agency7 will not substituted for that of the recipient unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority that has proper jurisdiction.