Fema Cooperative Agreement

Non-governmental applicants must conduct an independent cost or price analysis when using cooperative purchase agreements. The Federal Emergency Management Agency`s (FEMA) Public Assistance Program provides additional assistance to states, tribes, and local authorities, as well as certain private non-profit organizations (hereinafter referred to as applicants) to help them heal emergencies and major disasters. The FeMA Public Assistance Program and Policy Guide provides comprehensive information about the support FEMA can provide and the requirements applicants must meet to obtain assistance. The purpose of this fact sheet is to provide important information on the use of cooperative purchasing programs by non-governmental applicants for purchases above the simplified acquisition threshold. Failure to comply with the Requirements of the Confederation may jeopardize FEMA`s funding of the costs associated with this Contract. Any geographic preferences used by a cooperative purchasing program for the evaluation of offers or proposals and any additional terms contained in previously negotiated cooperative purchasing agreements, which favor or prefer local suppliers, would be contrary to 2 C.F.R. § 200.319 (b) and restrict competition. Non-governmental applicants should ensure that cooperative purchasing programs take the positive steps in place to encourage the participation of small, minority and women-owned businesses. Failure to take any of the confirming measures is contrary to 2 C.F.R. § 200.321. While federal procurement standards favour, where appropriate, the use of cooperative procurement, non-state applicants should exercise caution in the use of such programs and cooperate closely with the procuring entity to ensure compliance with the federal procurement standards set out in § 200.318-200.326 of the Confederation.

An applicant who chooses to use a co-op purchase program must document and explain how their use of the program complies with all federal procurement standards as well as applicable national, tribal and local rules and guidelines. Non-governmental applicants must ensure that calls used by cooperative purchasing programs contain a clear and accurate description of the amount of work or goods that the non-state applicant actually needs. In addition, cooperative purchasing programmes, which pose excessively restrictive tendering requirements, may not meet full and open competition requirements. A Cooperative Purchasing Program is a cooperative agreement for the purchase of goods or services that aggregates the demand of two or more companies in order to obtain a more economical purchase. Companies typically sign up for the use of co-op purchasing programs through a co-op purchase agreement. Membership in the program may allow companies to access lists of agreements or contracts for goods and services at pre-negotiated rates or prices. Typically, the member then purchases the goods or services by negotiating and placing orders with participating suppliers or by cancelling contracts based on the rates or prices set out in the Cooperative Purchasing Program agreements or contracts with the suppliers. Cooperative purchasing programs sometimes do not contain the contractual clauses required by the state in their agreements with suppliers.

All contracts of state and non-governmental candidates must contain the applicable contractual clauses described in Annex II of the Uniform Rules (contractual provisions for contracts concluded outside the Confederation within the framework of federal awards). .

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