§ 200.325 - Federal agency or pass-through entity review.

§ 200.325 Federal awarding agency or pass-through entity review.

(a) The non- Federal entity must make available, upon request of the Federal awarding agency or pass-through entity , may review the technical specifications on of proposed procurements where under the Federal awarding award if the Federal agency or pass-through entity believes such the review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will The recipient or subrecipient must submit the technical specifications of proposed procurements when requested by the Federal agency or pass-through entity. This review should take place prior to the time the specification is specifications are incorporated into a solicitation document. However, if the non-Federal entity When the recipient or subrecipient desires to have accomplish the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually . In those cases, the review should be limited to the technical aspects of the proposed purchase.

(b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, When requested, the recipient or subrecipient must provide procurement documents (such as requests for proposals or , invitations for bids, or independent cost estimates, ) to the Federal agency or pass-through entity for pre-procurement review. The Federal agency or pass-through entity may conduct a pre-procurement review when:

(1) The non-Federal entityrecipient's or subrecipient's procurement procedures or operation fails to comply with the procurement standards in this part;

(2) The procurement is expected to exceed the Simplified Acquisition Threshold simplified acquisition threshold and is to be awarded without competition, or only one bid or offer is expected to be received in response to a solicitation;

(3) The procurement , which is expected to exceed the Simplified Acquisition Threshold, simplified acquisition threshold and specifies a “brand name” product;

(4) The proposed contract is more than the Simplified Acquisition Threshold and procurement is expected to exceed the simplified acquisition threshold, and a sealed bid procurement is to be awarded to an entity other than the apparent low bidder under a sealed bid procurement; or

(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Thresholdsimplified acquisition threshold.

(c) The non-Federal entity recipient or subrecipient is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.

(1) The non-Federal entity recipient or subrecipient may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity review its procurement system to determine whether its system it meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding , and third-party contracts are awarded on a regular basis;regularly.

(2) The non-Federal entity recipient or subrecipient may self-certify its procurement system. Such However, self-certification must does not limit the Federal awarding agency's or pass-through entity's right to survey review the system. Under a self-certification procedure, the Federal awarding agency or pass-through entity may rely on written assurances from the non-Federal entity recipient or subrecipient that it is complying with these the standards of this part. The non-Federal entity recipient or subrecipient must cite specific policies, procedures, regulations, or standards as being in compliance complying with these requirements and have its system available for review.