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2024-255B
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Last modified
2/28/2025 10:57:59 AM
Creation date
1/16/2025 10:49:06 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/08/2024
Control Number
2024-255B
Agenda Item Number
8.E.
Entity Name
Department of Homeland Security FL
Division of Emergency Management
Subject
Management FY 2024 Emergency Management Performance Agreement (EMPG) Agreement No.G0558
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g. As required by 2 C.F.R. § 200.318(c)(1), the Sub -Recipient shall "maintain written standards of <br />conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and <br />administration of contracts." <br />h. As required by 2 C.F.R. § 200.319(b) contractors that develop or draft specifications, requirements, <br />statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such <br />procurements. The Sub -Recipient or pass-thru entity shall disclose to the Division, in writing, any real or potential conflict <br />of interest that may arise during the administration of the Federal award, as defined by federal statutes or regulations, or <br />their own existing policies, within five (5) days of learning of the conflict of interest. "Conflict of interest" is considered as <br />any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has <br />a close personal relationship, business relationship, or professional relationship, with a recipient or Sub -Recipient. <br />i. As required by 2 C.F.R. § 200.319(a), the Sub -Recipient shall conduct any procurement under this <br />agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: <br />i. Place unreasonable requirements on firms in order for them to qualify to do business; <br />ii. Require unnecessary experience or excessive bonding; <br />iii. Use noncompetitive pricing practices between firms or between affiliated companies; <br />iv. Execute noncompetitive contracts to consultants that are on retainer contracts; <br />V. Authorize, condone, or ignore organizational conflicts of interest; <br />vi. Specify only a brand name product without allowing vendors to offer an equivalent; <br />vii. Specify a brand name product instead of describing the performance, specifications, or other <br />relevant requirements that pertain to the commodity or service solicited by the procurement; <br />viii. Engage in any arbitrary action during the procurement process; or, <br />ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the <br />specifications, requirements, statement of work, invitation to bid, or request for proposals. <br />J . "Except in those cases where applicable Federal statutes expressly mandate or encourage" <br />otherwise, the Sub -Recipient, as required by 2 C.F.R. § 200.319(c), shall not use a geographic preference when <br />procuring commodities or services under this Agreement. <br />k. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in <br />accordance with 2 C.F.R. § 200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. <br />I. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive <br />proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. <br />m. For each subcontract, the Sub -Recipient shall provide information to the Division as to whether that <br />subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes, except for the <br />requirement the subcontractor be domiciled in Florida, on the required Procurement Method Report (Form 5). <br />Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. § 200.321 ("Contracting with small and <br />minority businesses, women's business enterprises, and labor surplus area firms"). <br />n. The Federal Emergency Management Agency (FEMA) has developed helpful resources for Sub - <br />Recipients using federal grant funds for procurements. These resources are generally available at <br />https://www.fema.gov/grants/procurement. FEMA periodically updates this resource page so please check back for the <br />latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the <br />14 <br />
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