1. Restricting full and open competition (i.e., placing unreasonable requirements on firms, requiring unnecessary experience, specifying only a “brand name” product,giving an advantage to local firms, etc.).
2. Not performing a detailed price or cost analysis for procurements above $250,000.
3. Engaging in a sole-sourcing (non-competitive) procurement without carefully documenting how the situation has created an urgent need to perform the work sooner than a competitive procurement process would allow.
4. Continuing work under a sole-source contract after the urgent need (see # 3) has ended, instead of transitioning to a competitively procured contract.
5. Not making and documenting efforts to take all “affirmative” steps to solicit small businesses, minority businesses, and woman’s business enterprises.
6. Awarding a “time-and-materials” contract without a ceiling price and without documenting why no other contract type is suitable.
7. Not including the required contract clauses (template is available here or on the PDAT website).
8. Awarding a “cost-plus-percentage-of-cost” or “percentage-of-construction cost” contract.
9. Awarding a contract to contractors that were suspended or debarred (visit www.sam.gov).
10. Not properly documenting all steps of a procurement to maintain a record sufficient to answer questions that could arise months or years later.
This website is not sponsored by, endorsed by, or affiliated with FEMA or any federal agency. All content is provided for informational purposes only and does not constitute legal advice or professional grant guidance. Most information on this site is derived from publicly available Federal publications that are in the public domain under Section 105 of the U.S. Copyright Act. Eligibility determinations are made solely by the responsible federal agency. Please consult professional advisors for specific FEMA Public Assistance matters.
Please review the Terms of Use and Disclaimers and your continued use confirms your acceptance