FEMA Guidance on Procurement for COVID-19.
Federal disaster assistance grants are subject to the federal grant regulations at 2 C.F.R. Part 200, including the procurement requirements found within §§ 200.317-326. These regulations generally require competitive procurement of significant contracts unless"the public exigency or emergency for the requirement will not permit delay resulting from competitive solicitation."
On March 17, 2020, FEMA issued guidance confirming that exigent and emergency circumstances currently exist.
FEMA outlines, however, the minimum requirements that still apply in the accompanying Fact Sheet (both the memo and fact sheet are available here).
FEMA Grant Programs FEMA’s Public Assistance program awards grants to state, territorial, local, and federally recognized tribal governments, as well as certain private non-profit entities to assist them with the response to, and recovery from, federally declared disasters. Recovering communities may not always have the resources on hand to properly respond to a disaster. When contracting out disaster work, applicants must make sure to follow the federal procurement regulations. Failure to follow the applicable rules may place your FEMA grant funding at risk.
Every year, recovering communities lose millions of dollars because of failure to comply with federal procurement regulations. Avoid common mistakes by checking out the available resources to help you follow the rules for each step of the procurement process. You must follow federal procurement under grants rules when using federal disaster grants for contracted work. Failure to follow these procurement rules may result in the loss of funding. The federal procurement rules are listed in 2 C.F.R. §§ 200.317- 200.326.
COVID-19 Procurement Guidance
- COVID-19 Memo: Procurement Under Grants Conducted Under Emergency or Exigent Circumstances
- COVID-19 Fact Sheet: Procurements Under Grants During Periods of Exigent or Emergency Circumstances
- State Entity Federal Procurement under Grant Requirements: FAQs
- Key Points for Non-State Entities on How to Avoid the Top 10 Procurement Under Grant Mistakes
- Top 10 Procurement Grant Mistakes that Can Lead to Loss of FEMA Public Assistance Funding
- Top 10 Procurement under Grant Mistakes Flyer
- Understanding Which Federal Contracting Requirements Apply to Public Assistance Applicants
- Required Contract Provisions: Quick Procurement Reference Guide *
- Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts
- Public Assistance: Purchasing Goods Or Services Through Cooperative Purchasing Programs
- Fact Sheet : Purchasing Goods Or Services Through The GSA Disaster Purchasing Program
- GSA Programs for State and Local Governments
- GSA State and Local Disaster Purchasing
- 2019 Construction Manager at Risk (CMAR) Fact Sheet
Procurement Process & Protocol Resources
- FEMA Suspension & Debarment Frequently Asked Questions
- System for Award Management (SAM): Search Records