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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 91 Attachment C: Debris Contracting Guidance (From FEMA Public Assistance Program and Policy Guide V4 (PAPPG)) Procurement and Contracting Requirements for Tribal and Local Government Agencies and Private Nonprofits Tribal and local governments, including Tribal Recipients, and PNPs must comply with:  Their own documented procurement procedures  Applicable State, Local, Tribal and Territorial (SLTT) government laws and regulations  Applicable Federal laws and regulations If a Federal requirement is different than the SLTT requirement, or the Applicant’s own requirements, it must use the more restrictive requirement. Additionally, Territorial governments should consult their legal counsel when a project involves a public building or public works facility as the Buy American Act may apply to the procurement process. 1. Pre-procurement Considerations Tribal and local governments, and PNPs must:  Establish or update written procurement procedures that reflect applicable SLTT laws and regulations  Maintain required written standards of conduct covering conflicts of interest and governing the performance of employees who engage in the selection, award, and administration of contracts Tribal and local governments, and PNPs should also create a prequalified list of responsible contractors identified to possess the qualifications and technical abilities to satisfy the Applicant’s potential requirement. Although not a contract, many entities have preq ualified lists that serve as contract research. A prequalified contractor is one that the Applicant evaluated and determined to be qualified to perform the work based on capabilities, such as technical and management skills, prior experience, past performance, and availability. A prequalified contractor is not entitled to a “standby” contract. The Applicant must still conduct full and open competition. The Applicant cannot exclude potential bidders or offerors from qualifying during the solicitation period, even if they were not on the prequalified list. 2. General Federal Procurement Requirements Federal procurement requirements for Tribal and local governments and PNPs are found at 2 C.F.R. § 200.318 through 200.326. The requirements include, but are not limited to:  Providing full and open competition (Tribal government Applicants may provide preference to Indian organizations or Indian-owned economic enterprises the Applicant substantiates that it met the Indian Self-Determination and Education Act requirements).  Conducting the following steps to ensure the use of small and minority businesses, women’s business enterprises, and labor surplus area firms when possible: