Building Compliant Contracts for Public Assistance Grants

The Public Assistance Grant Program requires applicants to include specific provisions in all awarded contracts. These provisions ensure both adherence to federal regulations and successful project completion. Here's a breakdown of the key contract clauses:

1. Compliance with Federal Procurement Standards (2 CFR 200.322 & 200.326):

• Promote fair and open competition for contracts.
• Encourage participation of minority-owned businesses and firms in labor surplus areas (when possible).
• Ensure objective evaluation of contractor performance.
• Establish written standards of conduct for all parties involved.

2. Records and Documentation:

• Contractor Responsibilities: Maintain detailed procurement records including:
  • Justification for the chosen procurement method (e.g., sealed bid, sole source)
  • Selection process for the contract type
  • Contractor selection/rejection rationale
  • Basis for the final contract price
• FEMA Access:  Provide FEMA with any additional documentation requested for audits or reviews.

3. Compliance with Environmental and Historic Preservation Requirements:

• Contractor Obligations: Ensure adherence to all applicable environmental and historic preservation regulations.
• Examples:
  • Obtaining necessary permits
  • Conducting environmental reviews
  • Protecting historic properties throughout the project

4. Compliance with Hazard Mitigation Requirements (if applicable):

• For projects in hazard-prone areas, contracts should include provisions for:
  • Implementing specific design standards
  • Integrating mitigation measures to reduce future disaster risks

5. Reporting and Monitoring:

• Contractor Requirements:
  • Submit regular progress reports to the applicant.
  • Facilitate monitoring by FEMA representatives.

Ensuring Compliance:

• Applicants must review and include these provisions in all awarded contracts.
• FEMA may also provide additional guidance or specific requirements for contract clauses.

By incorporating these essential provisions, applicants can ensure their Public Assistance Grant-funded projects are executed in compliance with federal regulations and achieve successful completion.

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