Under 44 C.F.R. 206.223(a); for any item of work to be eligible for financial assistance; it must; among other things; be required as a result of the emergency or major disaster event.Under 44 C.F.R. Part 13; local government subgrantees must follow procurement procedures that reflect applicable state and local laws; provided that they also conform to applicable federal law and the standards set forth in 44 C.F.R. 13.36. Generally; procurements must be undertaken in a way that provides for full and open competition. Federal regulations provide for four types of procurement methods: by small purchase procedures; by sealed bids; by competitive proposals; and by noncompetitive proposals (when warranted).Small purchase procedures was an appropriate method of procurement for the original procurement. The contract was awarded for less than the simplified acquisition threshold of $150;000; and the Applicant solicited bids from an adequate number of sources; ultimately awarding the contract to the lower of the two bids received. The change to the scope of work increasing the cost of the contract above the simplified acquisition threshold was not foreseeable at the time of award.Procurement by noncompetitive proposals was an appropriate method of procurement for the change order. Repairing the sewer lines without undue further delay was critical; given impending winter temperatures and continuing sewer backups in the surrounding downtown district. It was; therefore; infeasible to have conducted a competitive procurement and the public emergency would not permit delay resulting from competitive solicitation.The Applicant did not; however; complete a cost analysis as required under a noncompetitive procurement.

44 C.F.R. §207.6HeadnotesUnder 44 C.F.R. § 206.223(a); for any item of work to be eligible for financial assistance; it must; among other things; be required as a result of the emergency or major disaster event.Under 44 C.F.R. Part 13; local government subgrantees must follow procurement procedures that reflect applicable state and local laws; provided that they also conform to applicable federal law and the standards set forth in 44 C.F.R. § 13.36.  Generally; procurements must be undertaken in a way that provides for full and open competition.  Federal regulations provide for four types of procurement methods: by small purchase procedures; by sealed bids; by competitive proposals; and by noncompetitive proposals (when warranted).Small purchase procedures was an appropriate method of procurement for the original procurement.  

The contract was awarded for less than the simplified acquisition threshold of $150;000; and the Applicant solicited bids from an adequate number of sources; ultimately awarding the contract to the lower of the two bids received.  The change to the scope of work increasing the cost of the contract above the simplified acquisition threshold was not foreseeable at the time of award.Procurement by noncompetitive proposals was an appropriate method of procurement for the change order.  Repairing the sewer lines without undue further delay was critical; given impending winter temperatures and continuing sewer backups in the surrounding downtown district.  It was; therefore; infeasible to have conducted a competitive procurement and the public emergency would not permit delay resulting from competitive solicitation.The Applicant did not; however; complete a cost analysis as required under a noncompetitive procurement.