2 CFR Part 416
Part 416—General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments
Federal Financial Assistance · Chapter IV, Chapter IV—Department of Agriculture
2 CFR Part 416 - Words
- 181
- Sections
- 2
- Last amended
- October 1, 2024
- Administered by
- Department of Agriculture
2 CFR Part 416
Text as published by eCFR on .
PART 416—GENERAL PROGRAM ADMINISTRATIVE REGULATIONS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
89 FR 68326, Aug. 26, 2024, unless otherwise noted.
§ 416.1 Special procurement provisions.
(a) In order to ensure objective contractor performance and eliminate unfair competitive advantage, a prospective contractor that develops or drafts specifications, requirements, statements of work, invitations for bids, request for proposals, contract term and conditions or other documents for use by a State in conducting a procurement under the USDA entitlement programs specified in 2 CFR 200.101(f)(4) through (7) must be excluded from competing for such procurements. Such prospective contractors are ineligible for contract awards resulting from such procurements regardless of the procurement method used. However, prospective contractors may provide States with specification information related to a State procurement under the USDA entitlement programs specified in 2 CFR 200.101(f)(4) through (7) and still compete for the procurement if the State, and not the prospective contractor, develops or drafts the specifications, requirements, statements of work, invitations for bid, and/or requests for proposals used to conduct the procurement.
(b) Procurements by States under USDA entitlement programs specified in 2 CFR 200.101(f)(4) through (7) must be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographic preferences.