Issuance: 2019-11 – December 4, 2018

Issuance Number: 2019-11

Date: December 4, 2018

To: SDWP Subrecipients

From: Chris Burlaka, Chief Financial Officer

Subject: Operations Manual - Chapter 3: Procurement and Property Management and Attachments

Purpose:

The purpose of this issuance is to notify SDWP Subrecipients of revisions and/or additions to the following policies: Chapter 3: Procurement and Property Management.

Significant changes have been made to the above chapter and attachments including but not limited to:

  • Refresh of the chapter and attachment formatting.
    • Attachments have been made PDF fillable forms.
  • Title of the chapter has been changed from “Acquisitons and Property Management” to “Procurement and Property Management”.
  • Definitions have been added
  • The following attachments have been renamed:
    • From “Request for Approval to Purchase/Lease Property” to “Request for Approval to Purchase/Lease Furniture or Equipment Form”
    • From “Request for Approval to Charge WIOA Funds for the Cost of Property” to “Request for Approval to Charge WIOA Funds Form”
    • From “Request to Transfer Property” to “Request to Transfer Property Form”
    • From “Operators and Service Provider’s Property Closeout Certificate” to “Subrecipient’s Property Closeout Certificate Form”
    • From “Year-do-Date Property” to “Year-to-date Property Accounting Form”.
  • The section “Acquisition of Non-expendable Personal Property” has been updated to indicate if approval to purchase property or to tag property is required.
    • Items under $999: Is a Consumable Supply. Subrecipient must have internal controls in place over management of supplies which includes a list of all supplies purchased and consumed.
    • Items $100 and above: When purchasing technology equipment (i.e., mice, keyboards, monitors, laptops, cellphones, etc) or supplies, Subrecipients must submit items to SDWP to be tagged. Subrecipients must have internal controls in place over management of supplies which includes a list of all supplies purchased and consumed.
  • Property records retention has been moved from 8 years to 4 years after the final disposition of the property.
  • A new section has been added titled “Procurement Policy & Procedure Requirements”
  • Procurement Prior Approval proceduresare redefined to include:
    • Procurements valued over $5,000: fixed assets/IT equipment/IT maintenance
    • Special or Unusual Costs
  • Procurement Types and Thresholds have changed
    • Micro Purchasesare $1 – $3,499
    • Small Purchasesare between $3,500 to $149,999
    • Sealed Bid $150,000 and above
      • This process requires an Invitation for Bid (IFB)
      • Sealed Bid asks did the bidder meet the technical requirements & are they a responsible bidder. Bidder is selected based on price.
    • Competitive Proposal $150,000 and above
      • This process requires a Request for Proposal (RFP)
      • Competitive Proposal includes an orientation, evaluation, and in-person interviews.
    • Noncompetitive Proposal any dollar amount
      • Must meet the definition of noncompetitive proposal.
  • Prequalified Lists or Distribution Lists
    • The Procurement Lead is responsible for ensuring distribution list includes small,minority, women owned, or labor surplus areabusinesses, whenever possible. If possible, please denote on distribution list the entities that meet the definition of small, minority, women owned, or labor surplus area businesses.
  • Each agreement funded by federal funds must contain the following contract clauses referred to in Uniform Guidance Appendix II to Part 200, as appropriate:
    • All contracts in excess of the Simplified Acquisition Threshold must address administrative, contractual, or legal remedies where contractors violate or breach contract terms. The clause must also provide for sanctions or penalties, as appropriate.
    • All contracts in excess of $10,000 must address termination for cause for convenience by the non-federal entity, including the process for exercising the clause and the basis for settlement.
    • Compliance with Equal Employment Opportunity provisions identified in 41 CFR Part 60.
    • Compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144 and 40 U.S.C. 3141-3148) for prime construction contracts in excess of $2,000.
    • Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts in excess of $100,000 that involve the employment of mechanics or laborers.
    • Compliance with Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants (37 CFR Part 401) for any small business or nonprofit organization.
    • Compliance with the Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387) for any contract in excess of $150,000.
    • A provision requiring that contracts should be issued for any entity listed on the Excluded Parties List System in the System for Award Management (SAM).
    • Compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) for contractors bidding over $100,000.
    • Compliance with Section 6002 of the Solid Waste Disposal Act and 40 CFR part 247 for items in excess of $10,000.
  • It should also be included in all applicable agreements that, regardless of the procurement method, anyone who provides WIOA services must abide by the WIOA equal opportunity and nondiscrimination provisions of Section 188 and 29 CFR Part 38.

Action:

Effective December 4, 2018 all WIOA Subrecipients are required to follow the guidelines outlined in the Chapter and attachments. If you have any questions regarding this issuance, please contact your Contract Administrator at (619) 228-2900.

References:

  1. To access the chapter and its attachments, reference the “About Us” section on orgunder “Partner Resources.”
  2. Partner Resources
    1. Click on “Operations Manual” to see the list of Chapters and Operational Issuances
    2. Click on “Chapter 3: Procurement and Property Management”
  1. Click on“Chapter 3: Procurement and Property Management | Attachments” to view the policy and attachments.