south carolina law enforcement division (sled) state homeland security grant program procurement procedures the following procedures

South Carolina Law Enforcement Division (SLED)
STATE HOMELAND SECURITY GRANT PROGRAM
PROCUREMENT PROCEDURES
The following procedures support federal guidelines dealing with
procurement and apply to contracts and leased, as well as purchased,
equipment and other items. Compliance with these procedures will
reduce the overall time and effort involved in the procurement
approval process at the State Administrative Agency (SAA), S.C. Law
Enforcement Division, and the federal funding agency, U.S. Department
of Homeland Security.
Federal, state and local jurisdiction procedures will be followed
precisely for all procurement. In any case, selection of other than
the lowest bidder must always be fully justified. All procurement
transactions, whether negotiated or competitively bid and without
regard to dollar value, will be conducted in a manner so as to provide
maximum open and free competition. Be advised that brand names and “no
substitution” can be used in bid requests.
The grantor/subrecipient will be alert to organizational conflicts of
interest or noncompetitive practices among contractors which may
restrict or eliminate competition or otherwise restrain trade.
Contractors who develop or draft specifications, requirements,
statements of work and/or Requests for Proposal (RFP) for a proposed
procurement will be excluded from bidding or submitting a proposal to
compete for the award of such procurement.
1.
The following procedures adhere to instructions contained in the
Office of Management and Budget’s (OMB) “Super Circular”,
recipient Title 2, Part 200 of the Code of Federal Regulations
(C.F.R), the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (“Super Circular” or
“Omni Circular”) and the Grant Terms and Conditions.
A. Bidding Requirements: The subrecipient must comply with proper
competitive bidding procedures as required by the applicable
above-referenced federal rule.
Items purchased through the Division of General Services (state
surplus) are exempted from any additional bidding process. (Exemption
#35)
FOR STATE AND LOCAL GOVERNMENTS ONLY: If an item(s) is purchased
through a state term contract, no additional bidding is required;
therefore, no prior approval from the SAA on the bidding process is
necessary. The state contract number must be on the invoice when
submitting for reimbursement. For information on items that are on
state contract, call Materials Management Office at (803) 737-0600 or
check the MMO web page at www.state.sc.us/mmo.
Items may be purchased under a GSA contract with no additional bidding
if an agency is authorized to purchase under the GSA program. The GSA
contract number should be included on copies of invoices for
documentation with the request for reimbursement.
Sole Source Procurement: Use of sole source procurement is
discouraged. If, after completion of the competitive bidding process,
only one responsive bid is received (less than two complete
competitive bids received), then this is a sole source procurement
(based on the Office of Management and Budget, 2 CFR, Part 200.320,
5f). Sole source procurement will be awarded only under exceptional
circumstances and must follow precisely the procedure set forth in the
South Carolina Consolidated Procurement Code and the federal
requirements as outlined below:
All sole source procurement requires the explicit prior written
approval of the State Administrative Agency (SAA)-SLED. This approval
can be obtained by completing and submitting the Sole Source
Procurement Form provided by Homeland Security Grants Administration.
NOTE: “In the Aggregate” means that more than one item (i.e., a group
of items) is purchased from the same vendor at the same time.
Purchases not in excess of $25,000.00 may be accomplished without
receiving prior approval from the SAA as long as municipal, county or
state (whichever is applicable) procurement procedures are followed.
Records with respect to
all procurement covered by the grant shall be made available for audit
and inspection by SLED and/or any of its duly authorized
representatives.
1.
Purchases not in excess of $10,000: No competition is required as
long as the price is determined to be fair and reasonable. The
subgrantee’s purchasing office must annotate the purchase
requisition: “Price is fair and reasonable” and sign.
2.
Purchases from $10,000.01 to $25,000.00: Bids/Quotes do not have
to be submitted to the SAA for prior approval on any items,
including those bid in the aggregate, for small purchases whose
total cost is no more than $25,000.00. However, proper municipal,
county or state (whichever is applicable) bidding procedures must
be followed and adequate bidding documentation must be maintained
in the subgrantee's files showing that written quotes have been
obtained from a minimum of three qualified sources of supply. All
bidding information must be made available to the SAA or any of
its duly authorized representatives upon request for auditing
purposes. The award will be made to the lowest responsive and
responsible source.
3.
Purchases from $25,000.01 to $100,000.00: Procurements of either
commercially available off-the-shelf (COTS) products or
construction in this range must follow proper municipal, county or
state (whichever is applicable) bidding procedures and adequate
bidding documentation must be maintained in the subgrantee's files
showing that written quotes have been obtained from a minimum of
three qualified sources of supply. Otherwise, the procurement
requires a written solicitation of bids/quotes (returned in
writing). The procurement will also be advertised at least once in
the South Carolina Business Opportunities (SCBO) publication. The
award will be made to the lowest responsive and responsible
source.
Submit to the SAA (see paragraph B for mailing address) with Request
for Reimbursement Documentation:
a.
Copy of written solicitation for written bids/quotes, including
the specifications (criteria) provided to each vendor;
b.
List of all vendors solicited;
c.
Copy of advertisement (with date shown) placed in SCBO;
d.
Copy of all written vendor responses, including those that send a
“no bid” response;
e.
The bid/quote selected and the name of the line item(s) as it is
listed in the grant application; and,
f.
Criteria used for bid/quote selection. If other than low bid/quote
is selected, provide sufficient justification/rationale.
4.
Purchases above $100,000.00, or above $25,000 if not COTS or
construction: Competitive Sealed Bidding Procedures must be
followed when procurement amounts are $100,000.00 or more or when
purchases are $25,000 or more if they are not COTS or
construction:
a.
A written invitation for bids must be issued to at least three
qualified vendors. Include in this invitation a copy of the bid
specifications applicable to the procurement. If there are not
three qualified sources, invitations for bids must be issued to
all qualified sources that are available. If three qualified
sources are not available, documentation must be submitted to the
SLED Homeland Security Grants Administration Office indicating the
reason(s) for the unavailability of three sources;
b.
A notice must be placed in the South Carolina Business
Opportunities publication;
c.
The invitation for bids must include the date the bids are due and
the date and time the written bids will be opened;
d.
All bids received prior to the time of opening must be kept secure
and unopened; and,
e.
The bids must be opened publicly in the presence of one or more
witnesses at the time and place designated in the invitation for
bids.
Submit to the SAA (see paragraph B for mailing address) for approval
prior to obligation or purchase:
a.
Copy of written solicitation for written bids/quotes, including
the specifications (criteria) provided to each vendor;
b.
List of all vendors solicited;
c.
Copy of advertisement (with date shown) placed in SCBO;
d.
Copy of all written vendor responses, including those that send a
“no bid” response;
e.
The bid selected and the name of the line item(s) as it is listed
in the grant application; and,
f.
Criteria used for bid selection. If other than low bid is
selected, provide sufficient justification/rationale.
B. Send all required procurement correspondence to the following
address:
S.C. Law Enforcement Division (SLED)
Homeland Security Grants Program Office
Post Office Box 21398
Columbia, SC 29221-1398
For inquiries regarding procurement, please feel free to contact the
following SLED Homeland Security Grants Administration Staff:
Ms. Donna Strange
Senior Accountant
(803) 896-7089
[email protected]
Dr. Bob Connell
Program Manager
(803) 896-7021
[email protected]

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