Appendix B to Part 1132 - Terms and Conditions for PROC Article II, “Procurement Standards for Institutions of Higher Education, Nonprofit Organizations, Local Governments, and Indian Tribes”
2:1.2.8.6.15.3.64.4.42 : Appendix B
Appendix B to Part 1132 - Terms and Conditions for PROC Article II,
“Procurement Standards for Institutions of Higher Education,
Nonprofit Organizations, Local Governments, and Indian Tribes”
With the exception of Sections G and I, which may be reserved as
specified in §§ 1132.210 and 1132.220, a DoD Component's general
terms and conditions must use the following wording for PROC
Article II.
PROC Article II. Procurement Standards for Institutions of Higher
Education, Nonprofit Organizations, Local Governments, and Indian
Tribes. (December 2014)
Section A. General procurement standards.
1. For procurement under this award, you must comply with the
following paragraphs of OMB guidance in 2 CFR 200.318:
a. 200.318(a) concerning documented procurement procedures;
b. 200.318(b) concerning oversight of contractors;
c. 200.318(c) concerning standards of conduct and conflicts of
interest;
d. 2 CFR 200.318(d) concerning purchases of unnecessary or
duplicative items;
e. 200.318(e) concerning intergovernmental or inter-entity
agreements;
f. 200.318(g) concerning value engineering;
g. 200.318(i) concerning procurement records;
h. 200.318(j) concerning time and material type contracts;
and
i. 200.318(k) concerning settlement of issues arising out of
procurements.
2. You must do business only with responsible contractors who
are able to perform, as described in OMB guidance in 2 CFR
200.318(h). Related to that, you must comply with restrictions on
awarding procurement transactions to excluded or disqualified
parties and other requirements specified by OMB guidelines on
nonprocurement debarment and suspension at 2 CFR part 180, as
implemented by DoD at 2 CFR part 1125.
Section B. Competition. You must award procurement
transactions under this DoD award in accordance with the
competition requirements described in OMB guidance in 2 CFR
200.319.
Section C. Procurement methods. You must award
procurement transactions under this award using methods described
in OMB guidance in 2 CFR 200.320.
Section D. Contracting with small and minority businesses,
women's business enterprises, and labor surplus area firms. You
must take the affirmative steps described in OMB guidance in 2 CFR
200.321 when awarding procurement transactions under this
award.
Section E. Contract cost and price. When awarding a
contract under this award, you must follow the procedures related
to costs and price that are described in OMB guidance in 2 CFR
200.323, using the applicable cost principles specified in FMS
Article III.
Section F. Contract provisions. You must include
provisions in your procurement transactions under this award to
require the contractors' compliance with the requirements of PROC
Article III, as applicable.
Section G. Procurement of recovered materials. If you are
a political subdivision of a State, you must comply with the
Resource Conservation and Recovery Act requirements described in
OMB guidance in 2 CFR 200.322.
Section H. Review of procurement documents. Upon our
request, you must make available:
1. Technical specifications on proposed procurements, as
described in 2 CFR 200.324(a).
2. Pre-procurement documents for our review, as described in 2
CFR 200.324(b) unless you are exempt from that requirement under 2
CFR 200.324(c).
Section I. Bonding requirements. If you award a
construction or facility improvement contract under this award with
a value in excess of the simplified acquisition threshold, you must
comply with at least the minimum requirements for bidders' bid
guarantees and contractors' performance and payment bonds described
in 2 CFR 200.325(a) through (c), unless a provision in the
award-specific terms and conditions of this award excepts you from
the requirement based on our determination that your bonding policy
and requirements are adequate to protect Federal interests.