1. Procurement Services | Office of Sponsored Programs | VP for Research
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
(Uniform Guidance) 2 CFR 200 for Federal Awards:
Contracting and Procurement
Procurement Services | Office of Sponsored Programs | VP for Research
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2. Office of the Vice Provost for Research Office for Sponsored Programs
Presenters
Office of the Vice Provost for Research
Bill Nunez
Export Controls
Taylor Green
Office for Sponsored Programs
Fran Visconti
Procurement
Laurie Hoole, Kristin Lyons

3. Agenda Overview Procurement Process Updates
Uniform Guidance Requirements & Training
General Procurement Standards §
Vendor Justification form
Competition §
Non-Competitive Procurement
Vendor Justification Form Examples
Price Reasonableness / Cost Analysis
Price Reasonableness Form
Case Study
Compliance / Export Controls
OSP - Subrecipient or Contractor Determination
Questions
Appendix
Uniform Guidance Bidding Requirements

4. Consolidates OMB Circulars A-21, A-122, A-87, A-110 and A-133
Overview
Consolidates OMB Circulars A-21, A-122, A-87, A-110 and A-133
Removes previous conflicting guidance
Focuses audits on areas identified as risk in waste, fraud, and abuse
Standardized processing data
Updates cost reporting

5. Procurement Process Updates
Key Procurement Process Updates
Increased the Bid Limit to $10,001
Only 2 bids are required for purchases over the Bid Limit
New Vendor Justification Form required for purchases on a federal grant over $10,000
New Price Reasonableness Form for over $250,000 purchases
Created Contracts & Standards page identifying contracts that meet Uniform Guidance requirements
Created Purchase Acquisition Guides and Checklists for Scientific Equipment, Professional Services, etc.
Updated Policy to include the new Uniform Guidance guidelines
Link:

6. General Procurement Standards §200.318
Federal Government Requirements, as stated in the General Procurement Standards § UG
Purchase must be necessary
Boston College must use its own documented procedures
Must reflect applicable State and local laws and regulations
But… must conform to applicable and Federal law and the 2 CFR 200 Procurement Standards
PI must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders
Boston College must…
Maintain written standards of conduct for:
Conflict of interest and
Employee performance in selection, award, and administration of procurements

7. General Procurement Standards §200.318
Federal Government Requirements, as stated in the General Procurement Standards § UG
Boston College must maintain good records that detail procurement’s history (all of the following):
Rationale for procurement method [Vendor Justification Form (VJF) required for any purchase over $10,000]
Selection of contract type
Supplier selection or rejection
Basis for price

8. Vendor Justification Form
Must be completed for all sponsored purchases made with federal funds or cost-share funds greater than $10,000
Documentation is maintained in BID DOCS (attached to the requisition and/or Voucher)
Link:

9. Competition §
Full and open (to the extent required by each method)
Eliminate unfair supplier advantage
Suppliers that develop specs cannot participate in the solicitation
Examples of situations that restrict competition include:
Unreasonable requirements
Unnecessary supplier experience
Excessive bonding
Noncompetitive pricing practices between firms or affiliated companies
Noncompetitive contracts to consultants on retainer
Organizational conflicts of interest
Specifying “brand name” without allowing “or equal”
Any arbitrary action in the procurement process

10. Competition §
Boston College must have written procedures. Solicitations must:
Incorporate clear and accurate description of technical requirements
But no features that unduly restrict competition
May include qualitative statements
When necessary, include minimum essential characteristics and standards
When necessary, OK to use “brand name or equivalent” but, the specific features of the named brand must be clearly stated
Identify ALL requirements that respondents must fulfill and all other factors that will be used in evaluation

11. Non-Competitive Procurement Process
Uniform Guidance provides a process for conducting Sole Source procurements. You may use this process only if the following conditions exist:
The item (functional performance) is available only from a single source
The public exigency or emergency (loss of life or property) exist and will not permit a delay resulting from bidding.
The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from a non-Federal entity.
After solicitation of a number of sources, competition is determined inadequate.
Best Practice: Write your purchases requests directly into the grant.
If you elect to use this process, the Vendor Justification Form must be completed & reviewed by Procurement.
If the purchase is over $250,000, a Cost/Price analysis / Price Reasonableness evaluation must be performed and document with the Price Reasonableness Form.

12. Vendor Justification Form - Examples
Acceptable Single/Sole Source Under Uniform Guidance
Scenario #1: What if a specific (named) supplier/product/model is specifically required by the sponsor/funder in the special terms and conditions of my grant?
Answer: If the sponsor is requiring specific goods or services in order to receive the grant, this would be an acceptable sole source under UG. The requirement must be explicit in the terms and conditions and presented to Purchasing as supporting documentation.

13. Vendor Justification Form - Examples
Not Acceptable Single/Sole Source Under Uniform Guidance
Scenario #2: I want to sole source a consultant for academic research. I have a strong professional relationship with the individual and the person is familiar with my work. He/She is also the top expert in their field. Is this a sole source?
Answer: This is NOT going to be a sole source because it is nearly impossible to justify that one person is the ONLY person in the world that can perform the requested service. Most of the time, the best that can be justified is that they are “best” qualified, which is not a legitimate sole source justification. However, if an individual is REQUIRED based on qualifications they have, a sole source may be justified. The key to a successful justification is to explain in details the required qualifications – why we need someone with that specific qualification and how we know this is the only person with this qualification.

14. Price Reasonableness/Cost Analysis
Uniform Guidance requires a cost / price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold (> $250,000).
Price Reasonableness Analysis*: the process of deciding if the asking price for a product or service is fair and reasonable, without examining the specific cost and profit calculations the vendor used in arriving at the price. Examples include:
Analysis of previously paid prices
Comparison of quotations or published price lists from multiple vendors
Comparison with GSA (General Services Acquisition) prices (gsa.gov)
Cost Analysis*: the element-by-element examination of the estimated or actual cost of contract performance to determine the probable cost to the vendor. The goal is to form an opinion on whether the proposed costs are in line with what reasonably economical and efficient performance should cost.
Typically used when evaluating contractor or subcontractor bids.
* After grant has been approved, for purchases not written into the grant

15. Price Reasonableness / Cost Analysis
Price Reasonableness Form: This analysis, along with the Vendor Justification Form (VJF) must be completed and sent to Procurement Services for review PRIOR to commitment of an order.
This is required for purchases over
> $250,000

16. Case Study #1
Procurement of Equipment over the Simplified Acquisition Threshold ( > $250,000)
A researcher needs to buy a piece of equipment on a federal grant that is > $250,000 and is a Sole Source. Below are the steps that were followed to ensure all documentation and analysis were completed for this purchase.
A&S Service center contacted Procurement to discuss the purchase and requirements under UG.
Procurement reviewed the Vendor Justification Form and worked with the researcher to ensure the functional performance specification was identified.
Per UG, a Price Reasonableness / Cost Analysis is required on purchases over $250,000. This involved gathering documentation to prove the price we would be paying for this piece of equipment was fair and reasonable, based off the following factors:
Compared pricing to historical pricing of substantially similar item purchased
Compared pricing to pricing paid for substantially similar equipment purchased by another University utilizing a Procurement tool
This documentation was stored in PeopleSoft BID DOCS once the requisition was created
All parties were comfortable that we were in compliance with the new Uniform Guidance requirements

17. Procurement Webpages Contracts & Standards Webpage
All contracted vendor information can be located here.
Preferred Vendor information is available at:
Link:

18. Procurement Webpages Purchase Acquisition Checklists
Checklists that provide a clear set of steps to be completed in the Purchasing Acquisition process.
There are four (4) guides available on the Procurement website:
Link:

19. Procurement Webpages Professional Services Page Key Resources
Quick Guide to Making a Professional Services Purchase
OSP is the first step for determining the correct Agreement to be used; not everything is a Professional Services Agreement or an SME Agreement.
Creating a Statement of Work
Professional Services Intake Form
Standard Professional Services Agreements
Professional Services Trainings
If you’d like to set up a training please
Link:

20. Procurement Services Agreements
Procurement is involved in only some of the types of Agreements used on campus. Below is a list of these Agreements.* Remember, please consult your OSP rep before completeing the Professional Services Intake form to confirm which type of agreement needs to be used.
Procurement Involvement Required
No Procurement Involvement
Professional Services Agreements
Subject Matter Experts
Non-Academic Service Contracts
Academic Advising
Research Contracts
Collaboration Contracts
Cooperative Agreements
Federal Contracts
Subcontracts
Memorandum of Understanding (MOA)
Material Transfer Agreements
Entertainers
Academic Trainings
Lecturers / Speakers / Honorariums
*This list of Agreement types requiring Procurement involvement is subject to change.

21. Questions regarding Procurement?
Procurement Contact Info
Questions regarding Procurement?
Procurement: or x2-3055
Kristin Lyons;
Laurie Hoole;

22. What is export controls?
Compliance
What is export controls?
Export controls is a broad term used to describe U.S. laws that regulate the distribution of important technology, services, data, and information for reasons of national security, foreign policy, and economic objectives. Export control laws not only deal with exporting tangible items, but also deals with intangible items (i.e. technology “know-how”).
Top Regulators:
Department of State Department of Treasury
Department of Commerce Office of Foreign Asset Control

23. Compliance How is BC Meeting these objective in procurement?
Six (6) new categories have been created for Export Controls:
EQ_SCI_MAJOR-EAR
EQ_SCI_MAJOR_EAR99
EQ_SCI_MAJOR_ITAR
EQ_SCI_MINOR_ITAR
EQ_SCI_MINOR_EAR
EQ_SCI_MINOR_EAR99
Smaller components classification will be located on BID DOCS documents in PeopleSoft.

24. Questions regarding export controls? exportcontrol@bc.edu
Compliance
Questions regarding export controls?

25. Questions?
You are not alone. OSP, Research Administrators, Procurement, VPR’s Officer, Compliance are all here to help you navigate and successfully implement the new UG requirements.

26. Appendix

27. Uniform Guidance Bidding Requirements
Threshold
Former Procedure
New Procedure as of June 1, 2018
$0 - $10,000
(micro-purchase
3 bids required between $5k and $10k unless purchased from a contracted supplier
1 quote/bid required. Competitive bids are encouraged but not required
Pcard use recommended
No Procurement approval needed
Vendor Justification form is not required
PI must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders
$10,001 - $250,000
(Simplified Acquisition Threshold)
3 bids required unless purchased from a contracted supplier
Quotes and/or bids must be attached to the requisition in PeopleSoft
Requisitions will workflow to Procurement for review and approval
2 quotes/bids required unless purchased from a contracted supplier
Quotes/bids must be attached to the requisition in PeopleSoft
Requisitions will workflow to Procurement for review and approval
Vendor Justification form is required

28. Uniform Guidance Bidding Requirements
Threshold
Former Procedure
New Procedure as of June 1, 2018
Over $250,000
RFP’s and price justification required
Contact Procurement as early as possible to assist you in facilitating these high value purchases
Methods of Procurement required are either:
Competitive proposal via a formal RFP process
Sealed bid (construction typically)
Cost & Price Analysis / Price Reasonableness form with robust documentation required
Vendor Justification form is required
PI must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders

29. Uniform Guidance Bidding Requirements
Threshold
Former Procedure
New Procedure as of June 1, 2018
Non-Competitive Bid
3 bids required unless purchased from a contracted supplier
Quotes and/or bids must be attached to the requisition in PeopleSoft
Requisitions will workflow to Procurement for review and approval
Sole Source may be used as an alternative procurement method for purchases over $10k only when:
Item or service is available only from a single source
Public emergency procurement will not permit a delay resulting from competitive solicitation
The Federal awarding agency or pass-through entity expressly authorizes non-competitive proposals in response to written request from non-federal entity
Ater solicitation of a number of sources, competition is determined inadequate
Cost & Price Analysis / Price Reasonableness form with robust documentation required
Vendor Justification form is required
PI must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders