Laserfiche WebLink
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 <br />95 <br /> <br /> <br /> <br />5. Additional Contracting Considerations <br />a. Pre-Positioned Contracts <br />Some Applicants have pre-positioned contracts, which are contracts awarded before an incident <br />occurs for the potential performance of work. These contracts are also referred to as advance or <br />standby contracts. FEMA may reimburse reasonable costs under a pre-positioned contract if: <br /> It was originally procured in compliance with Federal procurement requirements <br /> The scope of work was adequate to cover the work performed <br /> The work performed was eligible <br /> The contract term covers time when work was performed. <br /> <br />b. Cooperative Purchasing <br />A cooperative purchasing program is a cooperative arrangement for acquiring goods or services <br />that involves aggregating the demand of two or more entities to obtain a more economical <br />purchase. Program membership may provide entities with access to lists of agreements or <br />contracts for goods and services at pre-negotiated rates or prices. Typically, the member then <br />purchases the goods or services by negotiating with participating vendors and placing purchase <br />orders or entering into contracts based on the pre-negotiated rates or prices. FEMA advises <br />against the use of cooperative purchasing programs due to frequent compliance issues with <br />Federal procurement requirements. PAPPG Appendix D: Frequent Compliance Issues with <br />Cooperative Purchasing Programs provides a list of frequent compliance issues with cooperative <br />purchasing programs for procurements above the simplified acquisition threshold. Applicants <br />must document and explain how its use of the program complied with all procurement <br />requirements. <br /> <br />Piggyback contracting is a type of cooperative purchasing and occurs when one entity assigns <br />the contractual rights it has in a contract to another entity. FEMA advises against the use of <br />piggyback contracts. Piggyback contracts are usually not compliant with Federal requirements as <br />the scope of work pertains to the needs of a different entity. <br /> <br />c. Required Contract Clauses <br />Applicants must include required provisions detailed in 2 C.F.R. § 200.326 in all contracts <br />awarded. Some provisions are based on sound contracting practices while others are required by <br />Federal law, EO, and regulations. Required contract provisions include: <br /> Remedies Clause <br /> Termination for Cause <br /> Termination for Convenience <br /> Equal Employment Opportunity <br /> Contract Work Hours and Safety Standards Act <br /> Homeland Security Acquisition Regulation Class Deviation 15-01 clauses; “Safeguarding <br />of Sensitive Information” and “Information Technology Security and Privacy Training” for <br />existing and new contracts and solicitations that have a high risk of unauthorized access <br />to or disclosure of sensitive information