CDBG-DR Procurement and Contracting Policies and Procedures
Updated December 2022
Purpose
The Department of Local Affairs (DOLA), Division of Local Government (DLG), CDBG-DR Program shall: provide for a procurement system of quality and integrity; provide for the fair and equitable treatment of all persons or firms involved in purchasing by DOLA; ensure that supplies and services (including construction) are procured efficiently, effectively, and at the most favorable prices available to DOLA; promote competition in contracting; and assure that DOLA purchasing actions are in full compliance with applicable State and Federal laws. The purpose of this document is to outline policy and procedures for procurement and contracting for the potential programs within CDBG-DR. Procedures will cover contracts, interagency agreements, memorandums of understanding, grant agreements, purchase orders and associated amendments or option letters.
Scope
Policy and procedures are limited to programs administered by DOLA and funded through the State of Colorado’s CDBG-DR grant. Nothing in this policy shall prevent DOLA from complying with the terms and conditions of the grant imposed by the U.S. Department of Housing and Urban Development (HUD) that is otherwise consistent with the law. When procuring property and services under the grant, DOLA will follow the same policies and procedures it uses for procurements from its non -Federal funds. DOLA will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations.
Overview
Procurement in Colorado is governed by 1 CCR 101-9 Procurement Rules, published by the Colorado Department of Personnel and Administration: Division of Finance and Procurement. These rules implement the provisions of the Colorado Procurement Code (section 24-101-101, et seq., C.R.S.) referred to in these rules as the “code”, the Construction Bidding for Public Projects Act (section 24-92-101, et seq., C.R.S.), Construction Contracts with Public Entities (section 24-91-101, et seq., C.R.S.) and the Integrated Delivery Method for Public Projects Act (section 24-93-101, et seq., C.R.S.). Additionally, as a federally funded program, procurement for the CDBG-DR grant is also governed by 2 CFR § 200 Subpart D (sections 200.317 – 200.327). The State will impose 2 CFR 200.318 through 200.327 on its subrecipients
Contracting procedures for Colorado’s CDBG-DR grant administered by the Colorado Department of Local Affairs are conducted in accordance with the State Procurement Code, CRS Title 24, Articles 101-112, State Fiscal Rules, and the Controller Contract Policies available at Colorado Office of the State Controller.
Definitions
The term procurement, as used in this Policy, includes the procuring, purchasing, leasing or renting of: (l) goods, supplies, equipment, and materials, (2) construction and maintenance; consultant services, (3) Architectural and Engineering (A/E) Services, (4) Professional Services, and (5) other services.
The term grantee, as used in this Policy, means the Department of Local Affairs, the agency awarded the $7.415 million Community Development Block Grant – Disaster Recovery (CDBG-DR) from HUD
The term sub-recipient, as used in this Policy, means Non-Federal entities that receive a sub- award from a pass-through entity to carry out part of a federal program. A subrecipient may also be a recipient of other Federal awards directly from a federal awarding agency.
The term subgrantee, as used in this Policy, means Non-Federal entities to which a sub-grant is awarded and which is accountable to the grantee for the use of the funds provided.
- Accounting and Financial Services (AFS) – a unit within DOLA that provides financial services such as accounting, payroll, billing & vendor account maintenance, and grant and financial reporting.
- CCU - The Central Contracts Unit (CCU) within the Office of the State Controller (OSC) is charged with oversight of the resulting Statewide Contract Management System (CMS).
- Contract Management System (CMS) - Colorado Revised Statutes §§24-102-205, 24-102- 206, 24-103.5-101 and 24-105-102, requires the State of Colorado to implement and maintain a centralized contract management system.
- Contractor - An entity that receives a contract which has been procured by the grantee, subgrantee or subrecipient
- CORE - The Colorado Operations Resource Engine (CORE) is the State of Colorado’s accounting software system
- Department of Local Affairs (DOLA) Contracts and Procurement Manager – Delegated agency procurement official
- Department of Local Affairs (DOLA) Controller Delegate - Signatory authority at agency designated by OSC for low-risk contracts
- Designated Contract Manager - Staff person responsible for overseeing development and execution of the contract or agreement
- Disaster Recovery Grant Reporting System (DRGR) - HUD grant reporting system
- Environmental Release of Funds (ROF) - A document certifying that an environmental review has been completed
- Federal Funding Accountability and Transparency Act (FFATA) - Grantees are required to file a FFATA sub-award report by the end of the month following the month in which the grantee awards any sub-grant equal to or greater than $30,000 into the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS)
- HUD - The Housing and Urban Development agency (HUD) is the Federal agency that awarded and oversees the CDBG-DR grant
- Program Manager - Manages the application, contracting, monitoring and closeout of awards to subrecipients or vendors/contractors
- System for Award Management (SAM.gov) - Website that allows anyone to verify a subgrantee, subrecipient or contractor’s eligibility to do business with the U.S. government