Local Law No 1 of 2018 AMEND THE CODE OF PUTNAM COUNTY BY ADDING NEW ARTICLE X TO CHAPTER 140 ENTITLED “UNIFORM GUIDANCE FOR COMPLIANCE FOR FEDERAL AWARDS – PROCUREMENT, SUSPENSION AND DEBARMENT”

/in /by

Local Law #1 of 2018
Resolution #29
(passed at Organization Mtg. 1/2/2018 Full Mtg)
RESOLUTION #29
A LOCAL LAW TO AMEND THE CODE OF PUTNAM COUNTY BY ADDING NEW ARTICLE
X TO CHAPTER 140 ENTITLED “UNIFORM GUIDANCE FOR COMPLIANCE FOR FEDERAL
AWARDS – PROCUREMENT, SUSPENSION AND DEBARMENT
BE IT ENACTED by the Legislature of the County of Putnam as follows:
Section 1.
The Code of the County of Putnam is hereby amended by adding a new Article X to
Chapter 140 entitled “Uniform Guidance for Compliance for Federal Awards –
Procurement, Suspension and Debarment” to read as follows:
ARTICLE X
Uniform Guidance for Compliance for Federal Awards – Procurement, Suspension and
Debarment
§ 140-10.1 Purpose
2 CFR Part 200 (subparts A-F) “Uniform Administrative Requirements, Cost Principals
and Audit Requirements for Federal Awards requires organizations receiving federal
awards to establish and maintain effective internal controls over federal awards.
§140-10.2 General Policy Statement
The requirements for procurements using federal awards are contained in the Uniform
Guidance (2 CFR Part 200, subparts A-F), program legislation, Federal awarding agency
regulations, and the terms and conditions of the award.
To comply with 2 CFR Part 200 (subparts A-F), the County of Putnam implements
policies and procedures, including, but not limited to:
A. The County will use its own documented procurement procedures which reflect
applicable State, Local and Tribal laws and regulations; provided that the
procurements conform to applicable federal law and Uniform Guidance. As
such, County procurements related to Federal grants will be subject to New
York State General Municipal Law, Putnam County Procurement Policy and
Uniformed Guidance Requirements.
B. Contract files will document the significant history of the procurement,
including the rationale for the method of procurement, selection of contract
type, contractor selection or rejection, and the basis of contract price.
C. The County will utilize one of the five acceptable procurement methodologies
detailed in §200.320 which include:
 Micro Purchase
 Small Purchase Procedure
 Sealed Bid
 Competitive Proposal
 Non-Competitive Proposal (Sole Source)
D. Procurements will provide for full and open competition as set forth in the
Uniform Guidance, or State and local procurement thresholds, whichever is
most restrictive.
E. No employee, officer or agent may participate in the selection, award or
administration of a contract supported by a Federal award if he or she has a real
or apparent conflict of interest. Such a conflict of interest would arise when the
employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the
parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract. The officers, employees,
and agents can neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts. If the financial
interest is not substantial or the gift is an unsolicited item of nominal value, no
further action will be taken. However, disciplinary actions will be applied for
violations of such standards otherwise.
F. The County will avoid acquisition of unnecessary or duplicative items.
Consideration will be given to consolidating or breaking out procurements to
obtain a more economical purchase. Where appropriate, an analysis will be
made of lease versus purchase alternatives, and any other appropriate analysis
to determine the most economical procurement approach. The County will also
analyze other means, as described in §200.318 of the Uniform Guidance, to
ensure appropriate and economical acquisitions.
G. The County will enter into state and local intergovernmental agreements or
inter- entity agreements, where appropriate.
H. The County will only utilize Time and Materials contracts when it has been
determined, in writing, that no other contract type is suitable.
I. Vendors/Contractors that develop or draft specifications, requirements,
statements of work, or invitation to bids or requests for proposals must be
excluded from competing for such procurements.
J. The County will make available, upon request of the federal awarding agency or
pass-through entity, technical specifications on proposed procurements where
the federal awarding agency or pass-through entity belives such review is
needed.
K. County Departments are prohibited from contracting with or making sub awards
under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred.“Covered Transactions” include those
procurement contracts for goods and services awarded under a nonprocurement transaction (i.e. grant or cooperative agreement) that are expected
to equal or exceed $20,000. All non-procurement transactions (i.e. sub-awards
to recipients), irrespective of award amount, are considered covered
transactions.
L. The County of Putnam will include a suspension/debarment clause in all written
contracts in which the vendor/contractor will certify that it is not suspended or
debarred. The contract will also contain language requiring the
vendor/contractor to notify the County immediately upon becoming suspended
or debarred. This will serve as adequate documentation as long as the contract
remains in effect.
M. County Departments will be required to notify the Purchasing Department and
Department of Law that federal funding will be used for a certain
procurement/contract. When requesting a written contract, the County
Department will be responsible for running the Vendor/Contractor’s name
through the System for Award Management (SAM) to determine any exclusions.
A copy of the SAM search will be included with the contract request. Prior to
issuing a purchase order using federal funds, the Purchasing Department will
check the SAM to determine if any exclusions exist for the Vendor/Contractor.
If a vendor/contractor is found to be suspended or debarred, the County will
immediately cease to do business with the vendor.
N. The County will not use statutorily or administratively imposed state, local or
tribal geographical preferences in the evaluation of bids or proposals; except in
those cases where applicable federal statues expressly mandate or encourage
geographical preference.
O. The County will take all necessary affirmative steps to assure that minority
businesses, women’s business enterprises, and labor area surplus area firms
are used when possible.
P. The County will procure recovered materials in compliance with §200.322.
Q. The County will perform a cost or price analysis relating to every procurement
more than the Simplified Acquisition Threshold. ($150,000)
R. The County will require appropriate bonding requirements as per §200.325.
S. The County will only award contracts to Responsible Vendors and will
document, in writing, such determination.
T. County contracts will contain the applicable provisions described in Appendix II
to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards.
U. The County will maintain oversight to ensure that contractors perform in
accordance with the contracts terms, conditions, and specifications.
Copies of executed contracts will be maintained in the MUNIS Financial System and
Purchase Orders will be maintained in the MUNIS Procurement System.
Section 2.
This local law shall take effect immediately.