U.S. Communities

2 CFR 200 (Uniform Guidance)

 
 
The Federal Office of Management and Budget (OMB) has issued consolidated and revised regulations pertaining to federal awards (Uniform Guidance), which took effect December 26, 2014. For all non-Federal entities, there is an additional one-year grace period for implementation of the procurement standards in 2 CFR 200.317 through 200.326. This means the grace period for non-Federal entities extends through December 25, 2017.
U.S. Communities does not directly participate in contract solicitations. However, U.S. Communities is committed to assisting the participants in its cooperative purchasing program with compliance. While it is important for each lead public agency, participating public agency and supplier in the U.S. Communities program to seek independent legal counsel for each particular solicitation and contract, the following information is designed to generally respond to inquiries received regarding the program’s position on the new Uniform Guidance related to federal grants.

 

U.S. Communities Contract Compliance Under Uniform Guidelines

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.

Baron County, WI
Traffic Control Products & Solutions with TAPCO

City and County of Denver, CO
Elevator Maintenance and Services with KONE
Offender Monitoring Solutions with BI Incorporated

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

City of Mesquite, TX
Energy Consulting & Management Services with Tradition Energy

Cobb County, GA       
Roofing and Waterproofing Supplies and Services with Garland/DBS, Inc.
Tractors, Mowing Equipment, Implements and Parts and Service with Mahindra North America, AGCO/Massey Ferguson and Grasshopper

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

Fresno Unified School District, CA
Cleaning Supplies, Equipment & Custodial Related Products with SupplyWorks

Harford County Public Schools, MD
Science/Labware Supplies with Fisher Science Education
HVAC Products, Installation and Services with Trane
Athletic & PE Equipment with Gopher
Facilities Solutions with Cintas
Workforce Management Solutions with Kronos

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

Miami-Dade County, FL
Waste Carts, Recycling Carts and Related Products with Rehrig Pacific

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

Contracts Grandfathered In Until Resolicited And/Or Renewed

Contracts awarded prior to December 2014
If the contract was awarded prior to December 2014, it is grandfathered in until the resolicitation and/or renewal.

Contract Awarded Before December 2014

  • Graybar: Electrical Products
  • Premier: Pharmaceutical, Medical Equipment, Supplies and Distribution Program
 
[+ more]

Contracts That Defer Guidelines

Contracts awarded after December 2014
For contracts awarded after December 2014, the lead public agency has opted to defer until December 25, 2017.

Contract Awarded After December 2014

 
[+ more]

Additional Resources on 2 CFR 200 - The Uniform Guidance or The New EDGAR

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.