Slide 1 FastFacts Feature Presentation June 15, 2010 We are using audio during this session, so...
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Transcript of Slide 1 FastFacts Feature Presentation June 15, 2010 We are using audio during this session, so...
Slide 1
FastFactsFeature Presentation
June 15, 2010
We are using audio during this session, so please dial in to our conference line…
Phone number: 877-468-2134 Participant code: 182500
© 2010 The Johns Hopkins University. All rights reserved.
Slide 2
Today’s TopicWe’ll be taking a look at…
Procurement and Property Standards
Slide 3
Today’s Presenter
JoAnn TheysJhpiego
Slide 4
Session Segments
PresentationJoAnn will focus on property and procurement standards with a special emphasis on source, origin and nationality for commodities and service purchases for USAID.During JoAnn’s presentation, your phone will be muted.
Q&AAfter the presentation, we’ll hold a Q&A session. We’ll open up the phone lines, and you’ll be able to ask questions. JoAnn will answer as many of your questions as time allows.
Slide 5
Contact Us
If you would like to submit a question during the presentation or if you’re having technical difficulties, you can email us at: [email protected] can also send us an instant message!
GoogleTalk – [email protected] Instant Messenger – HopkinsFastFactsMSN – [email protected]
Slide 6
How To View Full Screen
Slide 7
Survey
SurveyAt the end of this FastFacts session, we’ll ask you to complete a short survey. Your honest comments will help us to enhance and improve future FastFacts sessions.
Slide 8
Administering a USAID Award – Property and Procurement
Standards
Slide 9
General Agenda
Review key definitionsReview 22CFR226 – Administration of Assistance Awards to Non-Governmental Organizations
Subpart C—Post-award requirements - property standards, and procurement standards
Review 22CFR228 - Rules on Source, Origin and Nationality for Commodities and Services
Subpart A—Definitions and scopeSubpart B—Conditions governing source and nationality of commodity procurement transactions
Key references
Slide 10
22CFR226 Definitions
226.2Equipment Tangible Non-expendable Including exempt
property Charged directly to the
award Having a useful life >
1 year An acquisition cost ≥
$5,000 per unit
Equipment - JHU Tangible Non-expendable
Having a useful life > 1 year
An acquisition cost ≥ $5,000 per unit
Slide 11
Definitions
Federal share of real property, equipment, or supplies means that % of the property's acquisition costs and any improvement expenditures paid with Federal funds.Prior approval means written approval by an authorized official evidencing prior consent.
Your Agreement Officer (“AO”), NOT the Agreement Officer’s Technical Representative – called the “AOTR”
Supplies means all personal property excluding equipment, intangible property, and debt instruments.
226.2
Slide 12
Property Standards
What is covered in 22CFR226, Subpart C?
Real property (land, buildings, structures)
Federally-owned propertyExempt propertyEquipmentSuppliesIntangible property (trademarks,
patents, copyrights)
226.32
226.33.a
226.33.b
226.34
226.35
226.36
Slide 13
Equipment
Title vests with recipient, unless otherwise stated in the award documentMust charge non-Federal outside organizations a market rate for useMay use on other USAID programs (first), or other Federally sponsored programs (second)When replacing, use trade-in value or sale proceeds to offset costsUSAID retains financial interestUSAID reserves right to transfer title
226.34.a
226.34.g
226.34.h
226.34.d
226.34.b
226.34.e
Slide 14
Equipment
Use for intended purposeWhen no longer needed for the original project, use the equipment in connection with other federally-sponsored activities - order of priority:
(1) Activities sponsored by USAID(2) Activities sponsored by other Federal agencies(3) Non-Federal activities
– Current Fair Market Value (FMV) ≥ $5,000, compensate USAID by applying the % of Federal participation in the original cost to the current FMV
(4) No longer needed at all– Request disposition instructions from the Agreement
Officer
226.34.c.1-2
226.34.g
226.34.g
Slide 15
Property Standards
Maintain proper equipment recordsProperly identify assets (tagging)Document physical inventory
At least once every two years
Maintain adequate internal controlsPerform routine maintenance Maintain and document proper disposition procedures
226.34.f.1
226.34.f.2
226.34.f.3
226.34.f.4
226.34.f.5
226.34.e226.34.f.6226.34.g
Slide 16
Supplies
Title vests with recipient upon acquisitionAt the end of project, > $5,000 residual unused supplies (combined value)
USAID retains financial interestUse in other Federally-sponsored projectsUse in non-Federal sponsored activities, but compensate USAID
Compensation calculated as with equipment
Must charge non-Federal outside organizations a market rate for use
226.35.a
226.35.a
226.35.b
Slide 17
• SOURCE = the country from which a commodity is shipped.
• ORIGIN = the country where a commodity is mined, grown or produced.
• NATIONALITY = For purposes of USAID's procurement rules, nationality refers to the place of incorporation, ownership, citizenship, residence, etc. of suppliers of goods and services.
ADS Glossary
22CFR228 Definitions
228.01.l
228.01.j
Slide 18
Scope
• Applies to goods and services financed with USAID funds– Does not apply to cost share
• Award document identifies the authorized geographic code– 000 = United States– 941 = The U.S. and any independent
country (except foreign policy restricted countries), except the cooperating country
– 935 = Any area or country (except foreign policy restricted countries), including the cooperating country (“special free world”)
228.02
228.11.a
Slide 19
Scope
• Never purchase from a foreign policy restricted country – Libya, Cuba, Laos, Iran, Iraq, North
Korea, and Syria
228.11.b
Slide 20
Commodity Source & Nationality
• COMMODITY = any material, article, supply, goods, or equipment– Includes commodities obtained under
a long-term lease; a single lease of more than 180 days, or repetitive or intermittent leases under a single activity or program within a one-year period, totaling more than 180 days, for the same type of commodity
• Some items must be procured from the U.S. (unless prior written approval is obtained)
• Also applies to nationality of suppliers
228.01.a
228.12
228.13.a-c
228.14.a
Slide 21
Restrictions
Ineligible goods and servicesCannot be procured under any circumstances
Restricted goodsNeed prior approval from the Agreement Officer
Ineligible suppliersCannot procure from firms or individuals whose name appears on the “Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs” (also called the “Excluded Parties List System” or “EPLS”)
Mandatory Standard Provision
#9
Slide 22
Restrictions
Ineligible goods and services (what you CANNOT buy)
Abortion equipment and servicesLuxury goods and gambling equipmentWeather modification equipmentMilitary equipmentSurveillance equipmentCommodities and services for support of police or other law enforcement activities
Mandatory Standard Provision
#9
Slide 23
Restrictions
Restricted goods (what you need PRIOR APPROVAL for before buying)
Motor vehicles (includes trucks, cars, buses, motorcycles, utility vehicles, and motorized bicycles)PharmaceuticalsUsed equipmentU.S. Government-owned excess propertyAgricultural commoditiesPesticidesFertilizer
Mandatory Standard Provision
#9
Slide 24
Restrictions
Special Source goods (what requires procurement from the UNITED STATES)
Motor vehicles (includes trucks, cars, buses, motorcycles, utility vehicles, and motorized bicycles)Pharmaceutical productsAgricultural commodities
Procurement from anywhere OTHER than the United States requires a waiver, in writing, prior to purchase, from the AO.
228.13.a-c
Slide 25
Restrictions
Motor Vehicle exampleTo purchase any type of “motor vehicle” (truck, car, bus, motorcycle, utility vehicle, or motorized bicycle), you need the following written documentation from your AO (NOT the AOTR)
Prior approval to purchase the motor vehicle, because it is a “restricted” goodA source and origin waiver prior to purchasing the motor vehicle if it is non-U.S. source and origin, because it is a “special source” good
Slide 26
Local Procurement
• Definition - Procurement of goods and services supplied by local businesses, dealers or producers, with payment normally being in the currency of the cooperating country
228.40
NOTE – Eligibility is based on transaction value, not unit value
Slide 27
Local Procurement• Unless award says otherwise:
– Locally available US origin commodities with a transaction value $100,000 (excluding transportation)
– Geographic code 935 commodities with a transaction value $5,000
– Professional services contracts $250,000• Not including materials
– Construction services contracts $5,000,000• No limit with fixed-price construction contract
– Commodities/Services only available locally • Examples – utilities, communications, trash
collection, etc.
228.40.b
228.40.a
228.40.e
228.40.d
228.40.c
228.40.f
Slide 28
Key References22CFR226 – Administration of Assistance Awards to U.S. Non-Governmental Organizations
22CFR228 – Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID (NOTE – includes geographic codes)
ADS Glossary
JHU Definition of Equipment
Excluded Parties List System (EPLS)
JHU Overseas Procurement Policy
Slide 29
Key ReferencesADS Chapter 310 = Source, Origin and Nationality of Commodities
ADS Chapter 312 – Eligibility of Commodities
Procurement Executive’s Bulletin (PEB) No. 2008-05 – HIV/AIDS Expedited Procedures Package – FAQ’s
Purchasing or leasing non-U.S.-manufactured vehicles and ARVs
Applicable only to PEPFAR-funded programs
Effective 14 February 2008 – 13 February 2013
Slide 30
ConclusionToday we covered:
Key definitions22CFR226 – Administration of Assistance Awards to Non-Governmental Organizations
Subpart C—Post-award requirements - property standards, and procurement standards
22CFR228 - Rules on Source, Origin and Nationality for Commodities and services
Subpart A—Definitions and scopeSubpart B—Conditions governing source and nationality of commodity procurement transactions
Key references
Slide 31
We’re going to open the phone lines now!
There will be a slight pause, and then a recorded voice will provide instructions on how to ask questions over this conference call line.
We’ll be answering questions in the order that we receive them.
We’ll also be answering the questions that were emailed to us during the presentation.
If there’s a question that we can’t answer, we’ll do some research after this session, and then email the answer to all participants.
Q&A
Slide 32
Thank You!
Thank you for participating!We would love to hear from you.
Are there certain topics that you would like us to cover in future FastFacts sessions?Would you like to be a FastFacts presenter?Please email us at: [email protected]
Slide 33
Survey
Before we close, please take the time to complete a short survey.Your feedback will help us as we plan future FastFacts sessions.Click this link to access the survey… http://connect.johnshopkins.edu/fastfactssurvey/
Thanks again!