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<br />Preparedness Grants Manual | February 2021 37
<br />• Specifying only a “brand name” product instead of allowing “an equal” product to be offered and
<br />describing the performance or other relevant requirements of the procurement; and
<br />• Any arbitrary action in the procurement process.
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<br />Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner
<br />that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the
<br />evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate
<br />or encourage geographic preference. Nothing in this section preempts state licensing laws. When
<br />contracting for architectural and engineering services, geographic location may be a selection criterion
<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.
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<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.
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<br />The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities,
<br />favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal
<br />entities may set standards for situations in which the financial interest is not substantial, or the gift is an
<br />unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be
<br />applied for violations of such standards by officers, employees, or agents of the non-federal entity. If the
<br />recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a
<br />state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of
<br />conduct covering organizational conflicts of interest. In this context, organizational conflict of interest
<br />means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-
<br />federal entity is unable or appears to be unable to be impartial in conducting a procurement action
<br />involving a related organization. 2 C.F.R. § 200.318(c)(2). The non-federal entity must disclose in writing
<br />any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable
<br />FEMA policy.
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<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.
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<br />Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof,
<br />can be found at https://www.gsa.gov/resources-for/programs-for-State-and-local-governments and
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