[Code of Federal Regulations]

[Title 7, Volume 15]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR3016.60]



[Page 182]

 

                          TITLE 7--AGRICULTURE

 

                         CHAPTER XXX--OFFICE OF

                      THE CHIEF FINANCIAL OFFICER,

                        DEPARTMENT OF AGRICULTURE

 

PART 3016_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE 

AGREEMENTS TO STATE AND LOCAL GOVERNMENTS--Table of Contents

 

                          Subpart E_Entitlement

 

Sec. 3016.60  Special procurement provisions.



    Source: 65 FR 49480, Aug. 14, 2000, unless otherwise noted.





    (a) Notwithstanding Sec. Sec. 3016.36(a) and 3016.37(a), States 

conducting procurements under grants or subgrants under the USDA 

entitlement programs specified in Sec. 3016.4(b) may elect to follow 

either the State laws, policies, and procedures as authorized by 

Sec. Sec. 3016.36(a) and 3016.37(a), or the procurement standards for 

other governmental grantees and all governmental subgrantees in 

accordance with Sec. 3016.36(b) through (i). Regardless of the option 

selected, States shall ensure that paragraphs (b) and (c) of this 

section are followed

    (b) When conducting a procurement under the USDA entitlement 

programs specified in Sec. 3016.4(b) of this part, a grantee or 

subgrantee may enter into a contract with a party that has provided 

specification information to the grantee or subgrantee for the grantee's 

or subgrantee's use in developing contract specifications for conducting 

such a procurement. In order to ensure objective contractor performance 

and eliminate unfair competitive advantage, however, a person that 

develops or drafts specifications, requirements, statements of work, 

invitations for bids, requests for proposals, contract terms and 

conditions or other documents for use by a grantee or subgrantee in 

conducting a procurement under the USDA entitlement programs specified 

in Sec. 3016.4(b) shall be excluded from competing for such 

procurements. Such persons are ineligible for contract awards resulting 

from such procurements regardless of the procurement method used. 

However, prospective contractors may provide grantees or subgrantees 

with specification information related to a procurement and still 

compete for the procurement if the grantee or subgrantee, and not the 

prospective contractor, develops or drafts the specifications, 

requirements, statements of work, invitations for bid, and/or requests 

for proposals used to conduct the procurement.

    (c) Procurements under USDA entitlement programs specified in Sec. 

3016.4(b) shall be conducted in a manner that prohibits the use of 

statutorily or administratively imposed in-State or local geographic 

preferences except as provided for in Sec. 3016.36(c)(2).