FEMA_Public_Assistance_Contracting.pdf

FEMA Public Assistance Contracting Requirements

Contractor shall follow procurement requirements found at 2 C.F.R. §§ 200.318 through

200.326 by taking the following five "affirmative steps" to assure that minority firms, small businesses, women’s business enterprises, and labor surplus firms are used when possible:

1. Solicitation Lists

Contractor must place small and minority businesses and women’s business enterprises on solicitation lists. Contractor must provide documentation of all prequalified lists or solicitation lists used in the procurement.

2. Soliciting

Contractor must assure that it solicits small and minority businesses and women’s business enterprises whenever they are potential sources. Contractor must provide documentation to demonstrate compliance with this step (any communication, email, etc.).

3. Dividing Requirements

Contractor must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. When applying this requirement, it is important to recognize that intentionally dividing up a large procurement into smaller parts in an effort to fall beneath the simplified acquisition threshold or the micro purchase threshold is prohibited. Additionally, bundling requirements so that small businesses, minority businesses and women’s business enterprises would be unable to compete is prohibited.

4. Delivery Schedules

Contractor must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises.

5. Obtaining Assistance

Contractor must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.