Below is a list of the U.S. Communities' contracts with additional documentation from the lead public agency for reference when performing the due diligence that must be taken to ensure compliance with applicable Federal laws and regulations.
City of Charlotte, NC
Park and Playground Equipment with GameTime and KOMPAN
Auto parts and accessories with Advance Auto Parts
City of Chicago, IL
Interpreter & Translation Services with United Language Group
City of Kansas City, MO
Utility, Transportation & Golf Vehicles with Club Car and Columbia
Travel Services & Solutions with HotelPlanner
Cobb County, GA
Roofing and Waterproofing Supplies and Services with Garland/DBS, Inc.
Fairfax County, VA
Public Sector Consulting with Alvarez & Marsal
Technology Products and Services with Carahsoft, DLT Solutions (AWS), Insight Public Sector and UNICOM Government
Data, Analytics & Fraud Protection Solutions with Experian
Office Furniture Haworth, Herman Miller and Knoll
Multifunction Devises and Managed Print Services with Ricoh
Homeland Security and Public Safety with Safeware-Mallory
Maricopa County, AZ
Staffing Services and Solutions with Acro Service Corporation and Knowledge Services
MRO Solutions and Industrial Supplies with Applied Industrial Technologies, HD Supply, The Home Depot and SupplyWorks
Oracle Products, Services and Solutions with DLT Solutions
Paint and Paint Supplies with The Home Depot
North Carolina State University
Equipment Rental Services with Herc Rentals
Food Products and Distribution Services with Premier/US Foods
Port of Portland, OR
Specialty Vehicles with Farber Specialty Vehicles
Prince Williams County, VA
Online Marketplace with Amazon Business
San Diego Unified School District
Education Furniture with Virco
Washington County Public Schools
K-12 Foodservice Distribution & Products with Premier/US Foods
Contract Awarded Before December 2014
Contract Awarded After December 2014
The use of federal funds for procurement of goods and services requires compliance with federal grant requirements, which govern the use and accountability of those funds. The Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. §200, et. seq. (the “Uniform Guidance” or the “New Edgar”), became effective for procurements after December 26, 2014. The Uniform Guidance consolidates and amends federal procurement provisions found at 44 C.F.R. §13.36(a)-(i) (States, Local and Tribal governments) and 2 C.F.R. §215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits). The Uniform Guidance procurement provisions are found at 2 C.F.R., §200.317-326. Although the effective date of the Uniform Guidance was December 26, 2014, Non-federal entities (“NFEs”) may defer implementation of the Uniform Guidance for up to two full fiscal years, or until July 1, 2017, if a written deferral election is adopted into purchasing policy. Even if compliance with the Uniform Guidance is properly deferred, the NFE must still comply with the old federal provisions found at 44 C.F.R. § 13.36(a)-(i) (States, Local and Tribal governments) and 2 C.F.R. 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits).
Contracts solicited and executed prior to December 26, 2014, are grandfathered under prior law.
How are Lead Public Agencies Handling Compliance?
Many of the U.S. Communities' lead public agencies are adopting deferral language similar to that set forth below:
NOTICE OF DEFERRAL UNDER FEDERAL GRANT UNIFORM GUIDANCE
As permitted under the rule published at 80 FR 54407, the (Lead Public Agency) is electing to defer until July 1, 2017, the implementation of the procurement provisions of the Uniform Guidance, as detailed in 2 CFR 200 subsections .317 through .326. During this period, we will continue to operate under the guidance of 44 C.F.R. § 13.36(a)-(i) (States, Local and Tribal governments) and 2 C.F.R. 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits). This memo shall constitute the documentation of this decision as required, and shall be deemed incorporated into our internal procurement policies.
How Are Lead Public Agencies Handling Future Solicitations?
U.S. Communities has promoted the use of the following language in future solicitations with lead public agencies:
Uniform Administrative Requirements
By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
Each U.S. Communities program solicitation must stand on its own legal merits, and this notice does not constitute legal advice.