Common Mistake: Emergency Contracting

Common Mistake: Emergency Contracting

A common mistake Applicants make in procurement and contracting is related to emergency contracting and noncompetitive procurement.

Common Mistakes

  • Engaging in noncompetitive procurement (i.e., sole-sourcing) without carefully documenting how the situation has created an urgent need to perform the work sooner than a competitive procurement process would allow
  • Continuing work under a sole-source contract after the urgent need has ended, instead of transitioning to a competitively procured contract
  • Piggybacking onto another jurisdiction's contract in a situation that does not allow noncompetitive procurement or where the other contract is materially different in terms of scope or requirements

Avoidance Strategy

State governors, Tribal officials and local officials cannot waive Federal procurement standards. Therefore, even during a governor-declared state of emergency, Recipients and Applicants must remember to follow Federal regulations regarding noncompetitive procurement. This includes ensuring exigent or emergency conditions are met and maintaining proper documentation. Failure to comply with Federal procurement standards may jeopardize grant funding.

FOOT NOTES

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