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APL 276 (Revised Federal Procurement Regulations)

Administrative Procedure Letter No. 276

February 24, 2004

TO: Administrative Procedure Manual Holders County Departments of Job and Family Services' Directors

FROM: Thomas J. Hayes, Director

SUBJECT: Revised Federal Procurement Regulations

Several questions have been raised by counties regarding the September 8, 2003 change in federal regulations that makes 45 C.F.R. 92.36 applicable to procurements made with TANF funds. Currently, ODJFS is in the process of updating the Administrative Code and Chapter 4000 of the Administrative Procedure Manual to address all of the issues surrounding procurement.

At this time, ODJFS is issuing this Administrative Procedure Letter in response to questions posed focusing on the new procurement regulations being applicable to situations where another public entity is acting on behalf of the county agency, specifically in reference to the Help Me Grow (HMG) Program.

The Family and Children First Council has the responsibility to assure that the funds work together locally to operate HMG. ODJFS provides a separate HMG TANF allocation to the CDJFS. These funds must be used in accordance with the County HMG Program as defined by the County Family and Children First Council. The CDJFS must also ensure that funds from the HMG TANF allocation are used in accordance with rule 5101:9 6 47 of the Administrative Code (APM sections 6820 6825). The HMG TANF allocation may be conveyed to the HMG program in three ways:

1.If the CDJFS is the administrative agent for the Children and Family First Council it can provide or purchase HMG services on behalf of the Council with the HMG TANF funds.

2.If the CDJFS is not the administrative agent, it may convey the TANF HMG funding to the administrative agent for the Council via contract so that the administrative agent can provide or purchase HMG services on behalf of the Council.

3.If the CDJFS is not the administrative agent, the administrative agent may authorize the CDJFS to use the TANF HMG funds to provide or purchase HMG services on behalf of the Council through a written agreement approved by the council.

The contract to convey HMG TANF funds to the HMG administrative agent is not subject to competitive procurement because there can only be one such agent per county. In any case, the agency acting as the administrative agent or on behalf of the administrative agent must follow the competitive procurement requirements of 45CFR 92.36 and state law when purchasing services.

A copy of 45 CFR 92.36 is attached along with the September 8, 2003 federal register provisions that make 45 CFR Part 92 applicable to TANF funds.

Please provide a copy of this letter to all subgrantee entities and ODJFS recommends counties consult with their legal counsel for any questions.

Attachments:

Click here to view 45 CFR 92.36.

Click here to view September 8, 2003 federal register provisions.

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