Procurement is a multi-step purchasing process for acquiring goods, services, or works from potential sources. Grantees, in this case, PRDOH, can use their own procurement procedures as long as they reflect applicable state and local laws and regulations.
According to Administrative Determination No. 2021-01 dated May 21, 2021, subscribed by the Administrator and Chief Procurement Officer of the Puerto Rico General Services Administration (ASG for its Spanish acronym), the CDBG-DR and CDBG-MIT Programs administered by the Puerto Rico Department of Housing (PRDOH) are excluded from application of Act No. 73-2019, as amended, also known as the General Services Administration for the Centralization of Government of Puerto Rico Purchasing Act of 2019 (Act 73-2019).
PRDOH uses its own procurement procedures, which are in accordance with applicable local, state, and federal laws, while maintaining the principles of full and open competition. These are compiled into their Procurement Manual for the CDBG-DR Program.
There are different procurement methods, which are divided into formal and informal processes.
CDBG-DR PROGRAM
PROCUREMENT PROCESSES
For a list of procurement processes access the Following link.
PRESENTATIONS
INFORMAL PROCUREMENT METHODS INCLUDE:
Acquisition of goods or services not exceeding $10,000. No competitive solicitation needed if the price is considered reasonable.
Acquisition of goods or services ranging from $10,001 and not exceeding $250,000. Quote(s) from an appropriate number of qualified sources are required.
FORMAL PROCUREMENT METHODS:
Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless the process is non-competitive.
Sealed Bidding (IFB):
Used for the acquisition of non-professional services and/or supplies that exceed
$250,000. Bids are publicly requested, and a fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, in accordance with all the material terms and conditions of the invitation for bids, is the lowest cost.
Request for Proposals (RFP) & Request for Qualifications (RFQ):
Typically used for professional services contracts. Allows for consideration of technical factors other than price, negotiation of other terms and conditions of the contract, review of proposals prior to final selection of the offeror; and withdrawal of a bid at any time up to the time of award, among other considerations.
Non-Competitive:
Available when:
• Procurement is a micro purchase.
• Item(s) are available from a single source only;
• Public requirement or an emergency can not allow the delay that results from the publications of competitive processes;
• HUD expressly authorizes a written request of a non-competitive process; OR
• Competition is determined inadequate after the request of several sources.
GENERAL PROCUREMENT
PROCESSES PRINCIPLES
Subrecipients shall be governed by the provisions of the 2 C.F.R. § 200.317.
All procurement processes shall be made in a manner that offers full and open competition.
Acquisitions made by Subrecipients shall be carried out in compliance with the requirements set out in 2 C.F.R. §§ 200.318 – 200.327.
The cost or price for the goods or services must be reasonable.
Maintain written standards of conduct that cover organizational conflicts of interest.
Make inter-agency agreements when appropriate to promote economy and efficiencies.
ADMINISTRATIVE
ORDERS
As part of the PRDOH efforts to accelerate disaster recovery processes, and in order for CDBG-DR funds to reach program participants in a timely and effective manner, Administrative Orders 21-14, 21-19, 21-20 and 21-27 were issued on March-April 2021.
The Administrative Orders exempt all Subrecipient entities from compliance with PRDOH’s Procurement Manual for the CDBG-DR Program, Regulation No. 9205.
Nonetheless, procurement processes carried out by the Subrecipients must be in accordance with the provisions set out in 2 C.F.R. § 200.318 to 2 C.F.R. §200.327.
Procurement processes that were published prior to the date of the administrative orders, will continue under the processes established in Regulation 9205.
GENERAL REQUIREMENTS
FOR ALL PROPONENTS
GENERAL REQUIREMENTS
FOR ALL PROPONENTS
For any entity to be able to do businesses and receive money from the federal government, having a Unique Entity Identifier (UEI) number and being registered in the System for Awards Management (SAM) is required.
– SAM registration is required for acquisitions greater than $25,000 by an individual and/or entity.
– If you enter into the contract, agreement, or grant agreement with PRDOH as an individual person and use your social security number as your EIN, you DO NOT need to Register in SAM.
SELF-CERTIFICATIONS
SELF-CERTIFICATIONS
Subrecipients shall comply with established standards and guidelines for the procurement of supplies, equipment, services, etc. for the PRDOH CDBG-DR Program and activities. For these purposes, and to aid with Subrecipient compliance, PRDOH has developed the following tools. These self-certifications provide Subrecipients with regulatory standards, procedures, and additional information, with which Subrecipients may verify and reference to when completing their processes.
PROCUREMENT POLICIES AND PROCEDURES COMPLIANCE
Subrecipient are required to have written procurement policies and procedures. This document aids the Subrecipient to identify and ensure that they have their procurement policies and procedures that conform to the procurement standards identified in 2 C.F.R. §§ 200.318 through 200.327.
To complete the Procurement Policies and Procedures Compliance Self Certification, please follow these instructions:
INSTRUCTIONS
– Print or download the form.
– Fill out your self-certification completely and carefully.
– Use blue ink to complete your self-certification, or type in the information in blue color to distinguish the original certification from a copy.
– Electronic signatures are accepted.
– Do not leave empty boxes in your self-certification. If a no answer applies, write “not applicable” or “N/A”.
– Once completed, Subrecipient must upload the document to their Profile in the Grant Compliance Portal.
Once completed, Subrecipient must send completed forms through email to subrecipientmanagement@vivienda.pr.gov and cdbgdr-procurement@vivienda.pr.gov.
PROCUREMENT TRANSACTIONS COMPLIANCE
This document was created to ensure that the Subrecipient has performed all procurement transactions for the acquisition of property or services required under a Federal award or subaward in accordance with the requirements stated in 2 C.F.R. §§ 200.318 through 200.327. This document is to be filled out only when doing Procurement Processes, once for each procurement process.
To complete the Procurement Transactions Compliance Self Certification, please follow these instructions:
INSTRUCTIONS
– Print or download the form.
– Fill out your self-certification completely and carefully.
– Use blue ink to complete your self-certification, or type in the information in blue color to distinguish the original certification from a copy.
– Electronic signatures are accepted.
– Do not leave empty boxes in your self-certification. If a no answer applies, write “not applicable” or “N/A”.
– Once completed, Subrecipient must upload the document to their Profile in the Grant Compliance Portal.
Once completed, attach to the invoice when requesting reimbursement for the cost of the procurement. Failure to attach will delay the invoice review process and payment.
SUBRECIPIENTS PROCUREMENT LIBRARY:
The Subrecipient Procurement Library is a tool for all Subrecipients to have access to procurement process template packages created for different processes of acquisition of goods and/or services. The packages contained herein are examples and should be modified to apply for each Subrecipients needs and specific procurement instances.
How to navigate the Library?
Procurement process template packages per Program
