Chapter 6 › X.A Procurement and Contracting Requirements for State and Territorial Government and Tribal Nation Entities

What procurement rules apply to state, tribal and territorial governments?

FEMA term

2 CFR 200.317 procurement by states

Short answer

States, territories and tribes follow the same procurement policies they use with their own funds, plus the EPA recovered-materials rule, and must include the required federal contract clauses in every contract.

What FEMA requires

Follow your own policies and procedures for non-federal procurements, and 2 CFR 200.322 on recovered materials.
FEMA may review your procurement rules or ask your attorney to certify in writing that you followed them.
Include the required provisions of 2 CFR 200.327 in all contracts: remedies; termination for cause and convenience; equal employment opportunity; Contract Work Hours and Safety Standards Act; Clean Air Act and Clean Water Act; debarment and suspension; Byrd anti-lobbying clause and certification; recovered materials; covered telecommunications; and domestic preference.

Documentation

Your procurement procedures or an attorney certification, and contracts showing the required clauses. FEMA’s Contract Provisions Guide gives the exact wording where verbatim language is required.

Watch out · Govstar practitioner advice

Even where state law allows them, time-and-materials contracts without a ceiling and cost-plus-percentage contracts carry a high risk that FEMA will find the costs unreasonable.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.