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2023-083
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2023-083
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Last modified
5/23/2023 12:33:26 PM
Creation date
5/23/2023 12:31:13 PM
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Official Documents
Official Document Type
Agreement
Approved Date
05/08/2023
Control Number
2023-083
Agenda Item Number
No Agenda Item
Entity Name
Florida Department of Law Enforcement
Subject
Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award Agreement
Workforce Skill Development
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SECTION VI: AWARD PROCUREMENT AND COST PRINCIPLES <br />1.0 Procurement Procedures - Recipients must have written procedures for procurement transactions. Procedures <br />must conform to applicable Federal law and the standards in 2 C.F.R. §§ 200.318-326. <br />This condition applies to agreements that OCJG considers to be a procurement "contract", and not a second-tier <br />award. <br />The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under <br />this award are posed on the OJP website at <br />https://oip.gov/funding/Explore/NoncompetitiveProcurement. htm. <br />Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ <br />Grants and Cooperative agreements at <br />https://oip.gov/funding/Implement/Resources/GuideToProcurementProcedures.pdf. <br />2.0 Cost Analysis - A cost analysis must be performed by the recipient if the cost or price is at or above the $35,000 <br />acquisition threshold and the contract was awarded non -competitively in accordance with s. 216.3475, F.S. The <br />recipient must maintain records to support the cost analysis, which includes a detailed budget, documented review <br />of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State <br />Expenditures. <br />3.0 Allowable Costs - Allowance for costs incurred under the award shall be determined according to the general <br />principles and standards for selected cost items set forth in the DOJ Grants Financial Guide, 28 C.F.R. § 66, "Uniform <br />Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", and 2 CFR <br />Subpart E, "Cost Principles". <br />4.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding agency, <br />or the Department, either as direct or indirect costs, must be refunded (including interest) to FDLE and the Federal <br />Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute <br />or regulation directs otherwise. See also 2 C.F.R. §§ 200.300-309. <br />5.0 Indirect Cost Rate - A recipient that is eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § <br />200.414(f), and elects to do so, must advise OCJG in writing of both its eligibility and its election, and must comply <br />with all associated requirements in the 2 C.F.R. § 200 and Appendix VII. <br />6.0 Sole Source - If the project requires a non-competitive purchase from a sole source, the recipient must complete <br />the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre - <br />approval. If the recipient is a state agency and the cost meets or exceeds $250,000, the recipient must also receive <br />approval from the Florida Department of Management Services (DMS) (s. 287.057(5), F.S.). Additional details on the <br />sole source requirement can be found at 2 C.F.R. § 200 and the DOJ Grants Financial Guide. <br />7.0 Personal Services - Recipients may use award funds for eligible personal services including salaries, wages, and <br />fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - Compensation <br />for Personal Services, consistent with the principles set out in 2 C.F.R. § 200, Subpart E and those permitted in the <br />federal program's authorizing legislation. Recipient employees should be compensated with overtime payments for <br />work performed in excess of the established work week and in accordance with the recipient's written compensation <br />and pay plan. <br />Documentation - Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls <br />providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation <br />supporting charges must be incorporated into the official records of the organization. <br />Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the <br />employee is compensated by the organization and cover both federally funded and all other activities. The records <br />may include the use of subsidiary records as defined in the organization's written policies. Where award recipients <br />work on multiple award programs or cost activities, documentation must support a reasonable allocation or <br />distribution of costs among specific activities or cost objectives. <br />8.0 Contractual Services - The recipient must maintain written standards of conduct covering conflicts of interest and <br />governing the actions of its employees engaged in the selection, award and administration of contracts as described <br />in 2 C.F.R. § 200.318, General procurement. <br />Page 19 of 26 <br />
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