Fayette Purchases Using Federal Funds ordinance (§ 112.080)

A. The requirements of this Section 112.090 shall apply to all purchases using Federal funds and shall supersede any conflicting procedure or rule applicable to non-Federal projects.

B. Informal Purchases.

1. Small Purchases. For purchases below two hundred fifty thousand dollars ($250,000) (or the Simplified Acquisition Threshold as defined by FAR at 48 CFR Part 2, Subpart 2.1, whichever is less) but greater than ten thousand dollars ($10,000.00) [two thousand dollars ($2,000.00) in the case of construction projects subject to Davis Bacon requirements] price or rate quotes must be obtained from two (2) or more qualified sources following the affirmative action provision of this policy and all provisions regarding fair and unrestricted competition; provided, however, that if the City purchasing limits set forth above require a more rigorous process, the City process shall be followed.

2. Micro Purchases. For purchases below ten thousand dollars ($10,000.00), the purchasing employee shall follow the City policy.

3. Large purchases with a value of ten thousand dollars ($10,000.00) or more must follow a sealed bid process as outlined herein.

C. Purchases at or exceeding two hundred fifty thousand dollars ($250,000.00) or construction projects of any value that are funded with Federal dollars must follow a sealed bid process as outlined below and also follow any procurement guidance as outlined in the grant agreement. In addition, a pricing analysis must be completed by the purchasing agent or a qualified consultant prior to issuing the request for proposal to ensure that there is a reasonable estimate against which to compare bid proposal pricing.

D. For purchases that use Federal funding, no local or State purchasing preference shall be applied.

E. Internal Controls.

1. The City will maintain effective internal control over the Federal award providing reasonable assurance that the City is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award.

2. The City will take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings.

3. The City will take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive.

F. Certification.

1. To ensure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreements must include a certification, signed by an official who is authorized to legally bind the City, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise."