Answer:
Procurement requirements differ between state versus non-state entities and by normal versus emergency/exigent circumstances. Procurement requirements for the COVID-19 Declarations are:
States and territorial governments are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.
In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, for the duration of the Public Health Emergency, as determined by the U.S. Department of Health and Human Services (HHS), local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing non-competitively procured contracts.
SLTT governments may contract with medical providers, including private for-profit hospitals, to carry out any eligible activity described in the Eligible Emergency Medical Care Activities section below.
The aforementioned memorandum and other information related to exigent and emergency circumstances procurement is available on the FEMA website at www.fema.gov/news-release/2020/03/20/procurement-under-grants-under-exigent-or-emergency-circumstances.
Please see – Procurement and Contracting Requirements outlined in the FEMA Public Assistance Program and Policy Guide (PAPPG) – Under Chapter 2: Public Assistance Policy, Section V Cost Eligibility, 1. Procurement Standards, and 2. Contracts. FEMA’s Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules) provides additional details regarding Federal procurement and contracting requirements
FEMA 2018 PAPPG Link - https://www.fema.gov/media-library-data/1525468328389- 4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf Also, The
Procurement Disaster Assistance Team (PDAT) has created and compiled the resources below to help you avoid common mistakes when procuring with federal disaster grant funds. Procurement Disaster Assistance Team link - https://www.fema.gov/procurement-disaster-assistance-team Hands-On Resources: • 2018
PDAT Procurement Compliance Checklist for Public Assistance Applicants • 2019 PDAT Contract Provisions Template • Modelo de Disposiciones Contractuales (2019 PDAT Contract Provisions Template in Spanish)
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