Procurement Training Learning to Work Efficiently and Accurately

Introduction to Procurement This training program is an introduction to Africare’s Procurement Policy and US Federal Procurement Requirements –You will learn what the requirements are for each and why they are important. –We will also discuss audits associated with procurement regulations. –You will learn what the personal and company penalties are for non-compliance.

We will review each of the applicable documents. We will discuss how all of these components fit in and how they affect you, your projects and Africare. Geo Codes Loca l Laws Buy America Waivers Fly America OM B 22CFR Africare Policy

The following regulations all have govern a portion of procurements. Title 22 – Foreign Relations 22CFR226 E.O Mandatory Standard Provisions -applies to ALL overseas funding by USG agencies; CDC, USDA, USAID, UDC USAID Eligibility Rules for Goods & Services (April 1998) Small Acquisitions Threshold OMB A122, OMB A133 & A110 Foreign Corrupt Practices Act False Claims Act 15CFR – governs technology procured and exported for use overseas US Treaties These are the main regulations but others can apply

When regulations conflict Africare is audited according to: OMB A CFR.226 Africare’s policy Which one applies when they conflict? –The most stringent regulation or policy.

Africare Policy Employees are not required to have expertise in the various Federal Regulations but they are required to be aware of them. Africare’s Procurement Policy takes into account the various regulations governing procurement of goods and services. Africare’s Code of Ethics takes into account the FRCP and False Claims Act. Following Africare’s policy works to ensure that the Africare organization, staff, and programs comply with governing regulations.

Where does the Procurement Begin? The procurement begins when there is an identified need for a service or “good” in the field. Before we look at the Procurement Policy let’s look at some highlights of the policy.

What is required to generate a procurement? An identified need of a service or “good”. Technical Specifications outlining the good or service in English and the local language if it is other than English.

What is required to have a procurement processed and approved at Africare? An accurately completed Africare Procurement Cover Page The technical specifications A minimum of 3 Bids from 3 separate vendors A Written Waiver from the donor if applicable OFAC and EPLS confirmation page

W hat size procurement gets processed in the field? At HQ? All Sole Source and Restricted Goods purchases over $5,000 must be reviewed by HQ to ensure compliance with regulations governing these goods. The field can process purchases and procurements up to $15,000. Country Directors authorization is required for procurements from 3,000 to $15,0000 After the field office generates a procurement over $15,000 the documentation is then processed at HQ and HQ purchase approval is required. A sealed bid process must be conducted for all procurements over $50,000. Presidents authorization is required for procurements over $50,000.

The Policies and Regulations We will now go over the distributed Africare procurement policy and return to this power point after we review the policy. (switch to pdf file of policy)

What is a restricted good? Standardized Provisions – Us Federal Regulations Restricted Goods - The recipient shall not procure any of the following goods and services without the prior approval of the Agreement Officer: (i) Agricultural commodities, (ii) Motor vehicles, (iii) Pharmaceuticals, (iv) Pesticides, (v) Used equipment, (vi) U.S. Government-owned excess property, or (vii) Fertilizer.

Debarment EPLS – Excluded Parties List System Checking the EPLS Is it necessary? Results need to be attached to the procurement file

E.O and OFAC Registry Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism REQUIRED for all procurements and subgrant awards over $15,000 How do I check this? OFAC Registry at the US Dept of Treasury Website How do I prove that I checked this? Attach a copy of the search results to the procurement documentation.

How long to we keep the files? Files must be kept for at least 3 years after the program closes out. Records should “stand alone”. Remember that documents should quantify and document the process and decision.

Words to Remember Uniformity Consistency Integrity

Penalties for Non-Compliance –Loss of contract or grant –Perjury & Fraud Charges –Fines; personal or organization –Jail Time for multiple violations –Debarment; personal or organization

Where to Get More Information –InterAction Website –USAID Website –OMB – Audit and Accounting Circulars –General Accounting Office (GAO) – Buy America Act, Fly America Act