FEMA Public Assistance
The key elements of the procurement process for securing funding under the FEMA Public Assistance program include:
1. Understanding the Federal Procurement Rules:
Familiarize yourself with the federal procurement regulations that apply to purchasing goods and services under the FEMA Public Assistance program. These rules outline the requirements and procedures that must be followed to ensure compliance and secure funding.
2. Entity Type:
Determine whether you are a state entity or a non-state entity. Different sets of procurement rules apply depending on your entity type. State entities include U.S. states or territories, as well as state agencies or instrumentalities. Non-state entities include local governments, tribal governments, institutions of higher education, hospitals, houses of worship, and private nonprofit organizations.
3. Following Applicable Rules:
Once you have identified your entity type, it is crucial to understand and adhere to the specific rules that apply. State entities must comply with state procurement policies and procedures in addition to federal regulations. Non-state entities must have written procurement procedures that clearly describe the need for the goods or services being procured.
4. Socioeconomic Affirmative Steps:
Both state and non-state entities need to follow the requirements for socioeconomic affirmative steps. This includes considering small businesses, minority-owned businesses, women-owned businesses, and other disadvantaged businesses in the procurement process.
5. Compliance with Federal Regulations:
Ensure that your procurement process complies with federal regulations, including but not limited to, domestic preferences for procurement, procurement of recovered materials, prohibitions on using FEMA award funds for covered telecommunications equipment or services, and including all federally required contract provisions.
6. Procurement Methods and Contract Types:
Select the most appropriate procurement method and contract type for your project. Consider factors such as the complexity of the project, availability of suppliers, and the estimated cost of goods or services.
7. Competitiveness and Sole-Sourcing:
It is important to promote competition in the procurement process whenever possible. However, in emergency or exigency situations, sole-sourcing may be necessary. Understand the emergency and exigency exception and apply it judiciously.
8. Evaluation and Award:
Evaluate bids or proposals received based on established criteria. Check for conflicts of interest and contractor responsibility. Conduct cost or price analysis, if applicable. Ensure that the awarded contractor meets all necessary bonding requirements.
9. Contract Management and Oversight:
Maintain oversight throughout the contract’s term to ensure compliance with contract terms and conditions. Confirm that invoices are accurate and that goods or services are received as specified in the contract.
10. Documentation:
Document each step of the procurement process thoroughly. This includes selecting the procurement method and contract type, following socioeconomic affirmative steps, conducting cost or price analysis, and selecting a responsible contractor. Detailed documentation is crucial for transparency, accountability, and audit purposes.