Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Attachment 144-2-A - Procurement

Current through 2024-29, July 17, 2024
A.
General Procurement Goals and
				Objectives
1. The community action
				agency must ensure that all procurement of materials, property or equipment
				with CSBG funds are conducted in a manner to provide open and free competition
				and to avoid any appearance of impropriety.
2. The CAA must maintain a written code of
				conduct to govern the performance of its officers, employees or agents engaged
				in the award of contracts and the administration of CSBG funds. The code shall
				Include at a minimum the following provisions:
a. No CAA employee, officer or agent shall
				participate in the selection, award or administration of a contract in which
				CSBG funds are to be used where to his or her knowledge any of the following
				persons or entities may possibly benefit from the selection, award or
				administration of such contract.
(i) The
				employee, officer or agent;
(ii) A
				member of the immediate family of the employee, officer or agent;
(iii) A partner of the employee, officer or
				agent;
(iv) An organization in
				which any person described in subsections (I) through (III) above has a
				financial interest or with whom said person is negotiating or has any
				arrangement concerning prospective employment.
b. No CAA employee, officer or agent shall
				solicit or accept gratuities, favors or anything of monetary value from a
				contractor or potential contractor;
c. The CAA agrees not to employ any person
				while he or she, or a member of his or her immediate family, Is an officer or
				agent of the sub-grantee or exercises supervisory authority over that person;
				and
d. Disciplinary actions to be
				applied for violations of the code.
3. Proposed procurement actions shall follow
				a procedure to assure the avoidance of purchasing unnecessary or duplicative
				items. Where appropriate, an analysis shall be made of lease and purchase
				alternatives to determine which would be the most economical and practical
				procurement.
4. Solicitations for
				goods and services shall be based upon a clear and accurate description of the
				technical requirements for the material, product or service to be procured.
5. The CAA shall make positive
				efforts to utilize small and minority owned businesses as a source of supplies
				and services. Such efforts shall allow these sources the maximum feasible
				opportunity to compete for contracts which utilize CSBG funds.
6. Any information concerning contract
				requirements which CAA's personnel share with one prospective contractor must
				be shared with all prospective contractors to whom the CAA has sent bid
				materials. ..
7. Some form of price
				or cost analysis shall be made in connection with every procurement
				action.
8. Awards shall be made to
				the bidder whose bid is responsive to the requirements set out in the
				Invitation to Bid or Request for Proposals and is most advantageous to the
				recipient, price and other factors considered. Bid awards shall be In writing
				with all bidders notified of the successful bidder. All bid documents shall
				become public information subject to disclosure upon request after the bids are
				opened.
9. Contracts shall be made
				only with responsible contractors who possess the potential ability to perform
				successfully under the terms and conditions of a proposed procurement.
				Consideration shall be given to such matters as contractor integrity, record of
				past performance, financial and technical resources or accessibility to other
				necessary resources.
10. The
				following provisions must appear in all contracts where procurement is, In
				whole or in part, CSBG funded:
a. Contracts
				other than small purchases shall contain provisions or conditions which will
				allow for administrative, contractual, or legal remedies in instances where
				contractors violate or breach contract terms, and provide for such sanctions
				and penalties as may be appropriate.
b. All contracts In excess of $10,000 shall
				contain suitable provisions for termination by the CAA including the manner by
				which it will be effected and the basis for settlement. In addition, such
				contracts shall describe conditions under which the contract may be terminated
				because of circumstances beyond the control of the contractor.
c. All contracts awarded in excess of $10,000
				by community action agencies and their contractors shall contain a provision
				requiring compliance with Executive Order 11246, entitled "Equal Employment
				Opportunity", as amended by Executive Order 11375, and as supplemented in
				Department of Labor regulations ( 41 CFR Part 60 ).
d. All contracts and subgrants for
				construction or repair shall include a provision for compliance with the
				Copeland 'Anti-Kickback' Act (
				18 USC
				874 ) as supplemented in Department of Labor
				regulations ( 29 CFR, Part 3 ). This Act provides that each contractor or
				agency shall be prohibited from inducing, by any means, any person employed in
				the construction, completion, or repair of public work, to give up any part of
				the compensation to which he is otherwise entitled. The community action agency
				shall report all suspected or reported violations to the grantor
				agency.
e. Where applicable, all
				contracts awarded by community action agencies in excess of $2,000 for
				construction contracts and In excess of $2,500 for other contracts which
				involve the employment of mechanics or laborers for work financed in whole or
				in part by CSBG funds shall include a provision for compliance with sections
				103 and 107 of the Contract Work Hours and Safety Standards Act (
				40 USC 327
				-
				330
				) as supplemented by Department of Labor regulations ( 29 CFR, Part 5 ). These
				requirements do not apply to the purchases of supplies or materials or articles
				ordinarily available on the open market, or contracts for transportation or
				transmission of intelligence.
f.
				All contracts (except those awarded by the small purchases procedures of
				Section B.1) awarded by community action agencies shall include a provision to
				the effect that (1) the Division of Community Services, the Federal grantor
				agency, the Comptroller General of the United States, or any of their duly
				authorized representatives, shall have access to any books, documents, papers,
				and records of the contractor which are directly pertinent to that specific
				contract; and. (2.) the contractor must place the same provision as stated in
				subsection (1) In any subcontract which would have had to have the provision
				were It awarded directly by the community action agency.
g. Community action agencies shall require
				contractors to maintain all required records for three years after final
				payments have been made and all other pending matters are closed. If an audit
				litigation or other action involving the records is started before the end of
				the 3 year period, the records must be retained until all issues arising out of
				the action are resolved or until the end of the 3 year period whichever Is
				later.
h. Contracts and
				subcontracts of amounts in excess of $100,000 shall contain a provision which
				requires compliance with all applicable standards, orders, or requirements
				issued under Section 306 of the Clean Air Act ( 42 USC 1857(h) ), Section 508
				of the Clean Water Act (
				33 USC 1368
				). Executive Order 11738, and Environmental Protection Agency regulations ( 40
				CFR Part 15 ). The provision shall require a reporting of violations to the
				grantor agency and to the U.S.E.P.A. Assistant Administrator for Enforcement
				(ENM-329).
11. The
				community action agency shall request and obtain written approval from the
				Division for any agency procurement contract, agreement or bid proposal prior
				to its award when:
a. The procurement is for
				furnishing any of the work or services provided for in a sub-grant agreement
				with a community action agency;
b.
				The procurement, at least a portion of which is CSBG funded, is expected to
				exceed $10,000; or
c. The proposed
				procurement is a sole source procurement including when only one bid or
				proposal is received, in which the aggregated expenditure is expected to exceed
				$5,000, at least a portion of which is CSBG funded.
d. The community action agency fails to
				comply with its own procurement procedures, with the requirements of this
				Attachment, the rules or with OMB Circular A-110, Attachment 0.
12. A system for contract
				administration shall be maintained to ensure contractor conformance with terms,
				conditions and specifications of the contract and to ensure adequate and timely
				follow-up of all purchases.
13.
				Procurement records and files for purchases in excess of $300 shall include:
a. Basis for contractor selection;
b. Justification for lack of competition when
				competitive bids or offers are not obtained;
c. Basis for award cost or price;
				and.
d. Executed contract if one is
				required
14. The CAA
				shall be bound by, and the Division shall use in Its review, general federal
				procurement principles set out in Attachment 0 to OMB Circular A-110. Reference
				to the "Federal sponsoring agency" shall be interpreted to read "Division of
				Community Services".