| (a) The procurement of all goods and services shall
be conducted, to the maximum extent practical, in a manner providing
full and open competition consistent with the standards of 2 CFR Part
200, UGMS, and TxGMS, as applicable.
(b) Subrecipients shall establish, and require its
subrecipients/Subcontractors (as applicable by program regulations)
to establish, written procurement procedures that when followed, result
in procurements that comply with federal, state and local standards,
and grant award contracts. Procedures must:
(1) include a cost or price analysis that provides
for a review of proposed procurements to avoid purchase of unnecessary
or duplicative items. Where appropriate, analyzing lease versus purchase
alternatives, performing the proposed service in-house, and performing
any other appropriate analysis to determine the most economical approach.
(2) require that solicitations for goods and services
provide for a clear and accurate description of the technical requirements
for the material, product or service to be procured. In competitive
procurements, such a description shall not contain features which
unduly restrict competition, but must contain requirements that the
bidder/offeror must fulfill and all other factors to be used in evaluating
bids or proposals. A description, whenever practicable, of technical
requirements in terms of functions to be performed or performance
required, including the range of acceptable characteristics or minimum
acceptable standards. The specific features of "brand name or equal
value" that bidders are required to meet must be listed in the solicitation.
(3) include a method for conducting technical evaluations
of the proposals received and for selecting awardees.
(c) Documentation of procurement processes, to include
but not be limited to the items in paragraphs (1) to (9) of this subsection,
must be maintained by the Subrecipient in accordance with the record
retention requirements of the applicable program:
(1) rationale for the type of procurement,
(2) cost or price analysis,
(3) procurement package,
(4) advertising,
(5) responses,
(6) selection process,
(7) contractor selection or rejection,
(8) certification of conflict of interest requirements
being satisfied, and
(9) evidence that the awardee is not an excluded entity
in the System for Award Management (SAM).
(d) In accordance with 34 Texas Administrative Code,
Part 1, Chapter 20, Subchapter D, Division 1, each Subrecipient shall
make a good faith effort to utilize the state's Historically Underutilized
Business Program in contracts for construction, services (including
consulting and Professional Services) and commodities purchases.
(e) The State of Texas conducts procurement for many
materials, goods, and appliances. Use of the State of Texas Co-Op
Purchasing Program does not satisfy the requirements of 2 CFR Part
200. For more detail about how to purchase from the state contract,
please contact: State of Texas Co-Op Purchasing Program, Texas Comptroller
of Public Accounts. If Subrecipients choose to use the Cooperative
Purchasing Program, documentation of annual fee payment is required.
(f) All vehicles considered for purchase with state
or federal funds must be pre-approved by the Department. Subrecipient
must present written justification for the needed vehicle. If approved
such approval will be provided via written correspondence from the
Department. Procurement procedures must include provisions for full
and open competition and a comparison of the costs associated with
leasing versus buying a vehicle. Any vehicle purchased without approval
may result in disallowed costs.
(g) For procurement transactions not subject to UGMS
or TxGMS, the Department has adopted a $10,000 micropurchase and $250,000
simplified acquisition threshold. For procurement transactions subject
to UGMS or TxGMS, Subrecipient must follow a $3,000 micropurchase
threshold and a $250,000 Texas Acquisition Threshold (which is currently
tied to the federal simplified acquisition threshold). If the federal
simplified acquisition threshold changes, as a result of 2 CFR §200.88,
or if it is temporarily raised because of a federal disaster declaration,
the Department will publish the new amount on its website.
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