Sec.92.36 (b)(12) Procurement

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

This section of the regulation provides guidance for grantees and sub-grantees to develop procedures for handling complaints and use of their State and Local authorities prior to seeking determination by the Federal agency. Grantees can benefit from reviewing this section if and when they are confronted with a procurement dispute.

Grantees and subgrantees will have protest procedures to handle and resolve disputes relating to their procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with the grantee and subgrantee before pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to:

  1. Violations of Federal law or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and
  2. Violations of the grantee's or subgrantee's protest procedures for failure to review; a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee.

"Sec.92.36 (b)(12) Procurement." 2CFR Part 92 Uniform Administration Requirements for Grants and Cooperative Agreements to State, Local and Tribal Governments. HHS/ACF. 2007. English.

Last Reviewed: April 2008

Last Updated: August 4, 2015