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<br />provided its application leaves an appropriate number of qualified firms, given the nature and size of the
<br />project, to compete for the contract.
<br />
<br />Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written
<br />standards of conduct covering conflicts of interest and governing the actions of their employees engaged
<br />in the selection, award, and administration of contracts. No employee, officer, or agent may participate
<br />in the selection, award, or administration of a contract supported by a federal award if he or she
<br />has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee,
<br />officer, or agent, any member of his or her immediate family, his or her partner, or an organization that
<br />employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a
<br />tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the
<br />non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from
<br />contractors or parties to subcontracts. However, non-federal entities may set standards for situations in
<br />which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The
<br />standards of conduct must provide for disciplinary actions to be applied for violations of such standards
<br />by officers, employees, or agents of the non-federal entity.
<br />
<br />Under 2 C.F.R. § 200.318(c)(2), if the recipient or subrecipient (other than states) has a parent, affiliate,
<br />or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity
<br />must also maintain written standards of conduct covering organizational conflicts of interest. In this
<br />context, organizational conflict of interest means that because of a relationship with a parent company,
<br />affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be
<br />impartial in conducting a procurement action involving a related organization. The non-federal entity
<br />must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in
<br />accordance with applicable FEMA policy.
<br />
<br />Supply Schedules and Purchasing Programs
<br />Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule,
<br />state supply schedule, or group purchasing agreement.
<br />General Services Administration Schedules
<br />States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or
<br />institutions of higher education), may procure goods and services from a General Services Administration
<br />(GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and
<br />local governments, and instrumentalities thereof, to purchase products and services directly from pre-
<br />vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal
<br />Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to
<br />millions of commercial products and services at volume discount pricing.
<br />
<br />Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof,
<br />can be found at Programs for State and Local Governments | GSA and State and Local Governments |
<br />GSA.
<br />
<br />For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will
<br />satisfy the federal requirements for full and open competition provided that the recipient follows the GSA
<br />ordering procedures; however, tribes, local governments, and their instrumentalities will still need to
<br />follow the other rules under 2 C.F.R. §§ 200.317 – 200.327, such as solicitation of minority businesses,
<br />women’s business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic
<br />preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327
<br />and Appendix II).
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