NCJ Number
66823
Date Published
1979
Length
3 pages
Annotation
THE IMPACT OF THE OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-102'S REVISED ATTACHMENT O RELATING TO PROCUREMENT STANDARDS FOR FEDERAL GRANTEES IS DISCUSSED AND CRITIQUED FROM A CONTRACTOR'S VIEWPOINT.
Abstract
REVISED ATTACHMENT O IS INTENDED TO ESTABLISH CERTAIN MINIMUM STANDARDS FOR GRANTEE PROCUREMENT PRACTICES. THIS ARTICLE OUTLINES, FROM THE CONTRACTOR'S PERSPECTIVE, THE EFFECTS OF THE REVISED ATTACHMENT O ON THE GRANTEE/GRANTOR RELATIONSHIP IN THE MANAGEMENT OF GRANT-FUNDED PROCUREMENTS. IT REVIEWS THE GENERAL REQUIREMENTS FOR A GRANTEE'S PROCUREMENT PROCEDURES; GRANTEE SOURCE EVALUATION AND SELECTION; CONTRACTOR BID PROTESTS; AND CONTRACT PERFORMANCE, ADMINISTRATION, AND PERFORMANCE DISPUTES. THE REVISED ATTACHMENT O, WHILE ULTIMATELY CONCEDING INCREASED AUTHORITY FOR DETERMINING THE RULES OF PROCUREMENT COMPETITION TO GRANTEES, REQUIRES GRANTEE COMPLIANCE WITH A FEDERAL NORM FOR ITS PROCUREMENT PROCEDURES. THAT NORM, AS IMPLEMENTED BY ATTACHMENT O, PROVIDES FOR INCREASED SPECIFICITY IN GRANTEE SOURCE SELECTION AND CONTRACT FORMATION. IT ALSO MAY INDUCE MANY GRANTORS AND GRANTEES TO ESTABLISH FORMAL BID PROTEST PROCEDURES. HOWEVER, PERFORMANCE DISPUTES ARE LEFT TO THE GRANTEE, WITHOUT ANY GUIDELINES FOR THEIR RESOLUTION. IT REMAINS TO BE SEEN HOW THE MORE SPECIFIC GRANTEE PROCUREMENT PROCEDURES MANDATED BY THE ATTACHMENT WILL OPERATE IN PRACTICE. THEIR MERE EXISTENCE SHOULD MAKE THE RESULTS OF COMPETITION IN THE GRANTEE PROCUREMENT MARKET MORE EQUITABLE AND PREDICTABLE FOR THE CONTRACTOR COMMUNITY. (AUTHOR ABSTRACT MODIFIED--RCB)