Procurement Process Changes (effective July 1, 2018) due to Uniform Guidance
Uniform Guidance Overview
Uniform Guidance (“UG”) is a set of regulations (located at 2 CFR 200) that consolidates federal guidelines impacting research administration. Per the OMB website, this guidance “supersedes and streamlines requirements from OMB Circulars A-21, A-87, A-110, and A-122 (which have been placed in 2 C.F.R. Parts 220, 225, 215, and 230); Circulars A-89, A-102, and A-133; and the guidance in Circular A-50 on Single Audit Act follow-up.”
Goals of Uniform Guidance
UG significantly reforms federal grant making to focus resources on improving performance and outcomes. The intent is to reduce administrative burdens for grant applicants and recipients and reduce the risk of waste, fraud, and abuse.
Procurement guidance is specifically located in sections 200.317-200.326. This guidance focuses on increased competition and transparency in the procurement process.
Impact to the Florida State University Community
Since Florida State University has followed State regulations, changes to procurement practices should be minimal under UG. Procurement Services has partnered with Sponsored Research to collaboratively communicate and coordinate the execution of any new requirements. The 2 remaining procurement areas of focus to ensure compliance with UG are listed below with bullet #2 actively under development with Sponsored Research and key stakeholders:
- Sole Source Procurement
UG has limited the use of sole sources to four distinct justifications. Those are:
- Product/service is only available from a single source;
- Public Emergency Procurement;
- Federal Awarding Agency Authorization (the awarding agency specifically authorizes a non-competitive procurement after a written request from the Non-federal entity);
- Inadequate competition after multiple attempted solicitations
These changes will result in increased scrutiny of all sole source justifications. The most significant change to the sole source section of UG (from the OMB circulars) is that the “continuity of research” justification is no longer an acceptable sole source. Additionally, any request for consulting services, based on a sole source justification, will result in a more deliberate, but ultimately more compliant screening and sourcing process of these services. Lastly, every sole source will require a price/cost justification.
Procurement will manage the sourcing, (including the evaluation of sole source justifications) award, negotiations, and execution of research consulting contracts.
- Conflict of Interest
Procurement Services is creating a new Conflict of Interest policy specific to procurement actions. This will require increased disclosure of documentation for potential committee members. Additionally sole source justifications may require further evidence or statements assuring no financial relationship exists with potential vendors.
For information related to Uniform Guidance from Sponsored Research, go to: https://www.research.fsu.edu/research-compliance/conflict-of-interest/
For researchers and/or purchase order requestors that would like to learn more about the Federal Guidelines impacting procurement of goods and services, contact us at 644-6850 and ask to speak with a Procurement Specialist.