Sec.92.36 (b)(11) Procurement

2CFR Part 92 Uniform Administration Requirements for Grants and Cooperative Agreements to State, Local and Tribal Governments

This section of the regulation states that grantees and sub-grantees are alone responsible for settlement of all contractual and administrative issues as a result of procurement activities, which include source evaluation, claims, and protest or disputes unless the matter is primarily a Federal concern. Grantees and sub-grantees understanding of this regulation will assist them in handling potential issues related to procurement.

Grantees and subgrantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not relieve the grantee or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority having proper jurisdiction.

"Sec.92.36 (b)(11) Procurement." 2CFR Part 92 Uniform Administration Requirements for Grants and Cooperative Agreements to State, Local and Tribal Governments. HHS/ACF. 2007. English.

Last Reviewed: November 2008

Last Updated: August 4, 2015