Ga. Comp. R. & Regs. R. 155-2-.06 - Requirements and Restrictions
Current through Rules and Regulations filed through April 4, 2022
(1) To be a
qualified organization eligible for grants-in-aid, the local emergency
management organization must:
(a) Have a copy
of the city ordinance and/or county resolution establishing the local emergency
management organization on file in the State Office;
(b) Have a legally appointed Emergency
Management Director;
(c) Have an
approved local emergency and disaster operations plan;
(d) Have an approved current fiscal year
Program Paper, FEMA Form 19-1;
(e)
Submit an annual Program Status Report, FEMA Form 70-13;
(f) Have DCPA Forms 856 & 860 (FEMA
forms), Assurance of Compliance and Checklist, on file at the State
Office.
(2) Items
acquired with state grant funds may be used for these emergency management
purposes:
(a) Reserve or standby for emergency
use in emergency management or rescue functions;
(b) In the performance of activities by
assigned civil defense personnel in preparation for and during disasters or
rescue operations. As used herein, assigned emergency management personnel are:
1. Personnel employed by an emergency
management agency;
2. Personnel
employed by an agency of government other than the emergency management agency
when actually assigned to emergency management duties;
3. Volunteer personnel when on an emergency
management assignment;
4. Rescue
workers when performing rescue operations or training under the direction and
control of an emergency management agency.
(3) Items acquired with state grant funds may
not be used for any purpose other than that for which approved, unless so
authorized by the State Director. The State Director has authorized the
following additional use provided that such use does not jeopardize the
immediate and unconditional availability in operating condition for the purpose
for which the item was obtained:
(a) The
general use of emergency equipment when such use does not involve removal of
the equipment from its place of use for the emergency management purposes for
which obtained.
(4)
Damage or loss.
(a) Equipment acquired with
state grant funds shall be maintained in usable condition and if consumed,
lost, damaged, or destroyed shall be replaced promptly by the local emergency
management organization or local government.
(b) The replacement cost of items consumed,
lost, damaged, or destroyed in other than emergency management use, even when
such had been authorized by the State Director, is not eligible for state
contributions under this program.
(c) State may make contributions for the
replacement of equipment which is consumed, lost, damaged, or destroyed during
use for emergency management purposes.
(d) The State Office must be notified in
writing immediately when equipment is lost, damaged, or destroyed. Give project
application numbers and full details.
(5) Each item of equipment obtained with
state grant funds shall be marked with the official emergency management
insignia whenever practicable. Insignia decals can be obtained from the State
Office.
(6) Procurement standards
are provided for use by local governments in establishing procedures for the
purchase of disaster preparedness equipment with state grant funds. These
standards are furnished to insure that such equipment is obtained in an
effective manner and in compliance with the provisions of applicable state law.
Grants to local government by the State of Georgia are conditioned on grantee
compliance with the procurement standards. Grantee may use its own procurement
regulations which reflect applicable state and local law, rules and regulations
provided that procurements made with state grant funds adhere to the standards
set forth as follows:
(a) The grantee shall
maintain a code of standards of conduct which shall govern the performance of
its officers, employees, or agents in contracting with and expending state
grant funds. Grantee's officers, employees or agents, shall neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or
potential contractors. To the extent permissible by state or local law, rules
or regulations, such standards shall provide for penalties, sanctions, or other
disciplinary actions to be applied for violations of such standards by either
the grantee officers, employees, or agents, or by contractors or their
agents;
(b) All procurement
transactions regardless of whether negotiated or advertised and without regard
to dollar value shall be conducted in a manner so as to provide maximum open
and free competition. The grantee should be alert to organizational conflicts
of interest or non-competitive practices among contractors which may restrict
or eliminate competition or otherwise restrain trade;
(c) The grantee shall establish procurement
procedures which provide for, as a minimum, the following requirements:
1. Proposed procurement actions shall be
reviewed by grantee officials to avoid purchasing unnecessary or duplicative
items;
2. Invitations for bids or
requests for proposal shall be based upon a clear and accurate description of
the technical requirement for the equipment to be procured. Such description
shall not, in competitive procurements, contain features which unduly restrict
competition. "Brand name or equal" description may be used as a means to define
the performance or other salient requirements of a procurement, and when so
used the specific features of the named brand which must be met by offers
should be clearly specified;
3.
Positive efforts shall be made by the grantee to utilize small business and
minority-owned business sources of equipment. Such efforts should allow these
sources the maximum feasible opportunity to compete for contracts to be
performed utilizing state grant funds;
4. Formal advertising, with adequate purchase
description, sealed bids, and public openings shall be the required method of
procurement unless negotiation pursuant to paragraph 5, below is necessary to
accomplish sound procurement. However, procurements of $100.00 or less need not
be so advertised unless otherwise required by state and local law or
regulations. Where advertised bids are obtained, the awards shall be made to
the bidder whose bid is responsive to the invitation and is most advantageous
to the grantee, price and other factors considered. Invitations for bids shall
clearly set forth all requirements which the bidder must fulfill in order for
his bid to be evaluated by the grantee. Any or all bids may be rejected when it
is in the grantee's interest to do so, and such rejections are in accordance
with applicable state and local law, rules and regulations;
5. Procurements may be negotiated if it is
impracticable and unfeasible to use formal advertising. Prior approval of the
State Director is required if procurements of $100.00 or more are to be
negotiated. Generally, procurements may be negotiated by the grantee if:
(i) The public exigency will not permit the
delay incident to advertising;
(ii)
The equipment to be procured is available from only one person or firm; (all
contemplated sole source procurements where the aggregate expenditure is
expected to exceed $100.00 shall be referred to the State Office for prior
approval);
(iii) No acceptable bids
have been received after formal advertising;
(iv) The purchases are for technical
equipment requiring standardization and interchangeability of parts with
existing equipment.
6.
Procurement records or files for purchases in amounts in excess of $100.00
shall provide at least the following pertinent information: justification for
the use of negotiation in lieu of advertising, contractor selection, and the
basis for the cost or price negotiated.
(7) These standards do not relieve the
grantee of the contractual responsibilities arising under its contracts. The
grantee is the responsible authority, without recourse to state regarding the
settlement and satisfaction of all contractual and administrative issues
arising out of procurements entered into, in support of a grant. This includes,
but is not limited to: disputes, claims, protests of award, source evaluation
or other matters of a contractual nature. Matters concerning violation of law
are to be referred to such local and state authority as may have proper
jurisdiction.
(8) Emergency
management disaster preparedness equipment shall be controlled in accordance
with accepted or prescribed methods of accounting, identification, and
administrative responsibility. State representatives shall have access to the
equipment at all reasonable times for purpose of inspection. The state shall
also be granted ready access to the books and records of the local emergency
management organizational/local government.
(9) Property Management.
(a) A physical inventory of equipment shall
be taken and the results reconciled with the property records at least once a
year.
(b) Equipment obtained with
state grant funds must, whenever practical, be marked with the official
emergency management insignia decals.
(c) The grantees are authorized to use their
own property management standards and procedures.
(d) Equipment no longer required for its
original use will be reported to the State Office for disposition
instructions.
(10)
Disposal by Sale or Trade-In.
(a) Disaster
preparedness equipment procured with state grant funds may not be disposed of
by local emergency management organizations/local government without the prior
approval of the State Emergency Management Director.
(b) Since emergency management disaster
preparedness equipment is subject to obsolescence, and since program objectives
change, the State Office will consider granting approval of the sale or
trade-in of disaster preparedness equipment previously purchased with state
grant funds subject to subparagraphs (d) and (e) below.
(c) Disposal and Replacement with Assistance
of State Grant Funds. Approval may be given for the disposal and replacement of
equipment procured through state grant funds if the proposed transaction will
provide a more effective and efficient emergency management program, and
realize the fair market value of the equipment, as determined by state.
1. In submitting a proposal to replace
equipment initially purchased with state grant funds, the local Emergency
Management Director/local government will prepare an Application for Grant,
GCDF 7-2, in the usual manner. In addition, the application shall contain a
detailed description of the equipment to be disposed of, the manner of
disposal, the amounts to be received, the purchase price of the new equipment,
and all other pertinent details, together with a complete justification
therefor.
2. If the State Office
approves of the above, the state grant funds will be computed in accordance
with the following example:
|
Cost of new equipment |
$ |
1,000 |
|
Sale or trade-in value of old equipment |
400 |
|
|
Balance due on new equipment |
$ |
600 |
|
State share (½ of balance) $300 |
||
|
Local share (½ of balance) $300. |
(d) Disposal Without Replacement. Equipment
purchased with state grant funds may not be disposed of without replacement
until state has made a determination that the need which justified the purchase
of the equipment by the local emergency management organization/local
government under the state grant funds program no longer exists, and the sale
will realize the fair market value of the equipment.
1. In order that such a determination can be
made, a request to dispose of disaster preparedness equipment must be prepared
by the local Emergency Management Director/local government, with a full
statement of facts, including:
(i) Reference
to the project application(s) under which the procurement was made;
(ii) Condition of the equipment;
(iii) Full cost of each item when
procured;
(iv) State share of the
cost of each item;
(v) Estimated
fair market value of the equipment, together with the source of information.
(Note: the estimate shall be subject to state approval or state appraisal. Sale at less than the estimated fair market value will not be approved unless the sale is made pursuant to formal advertisement);
(vi) Estimated amount to be
refunded to state (usually one-half of amount realized).
2. If the transaction is approved by the
State Director, the local Emergency Management Director/local government will
be requested to forward to the State Office a check covering the state
government's share.
(e)
Disposal and Replacement Without Assistance of Matching Funds. Approval may be
given to the disposal of equipment procured with state grant funds and its
replacement without use of matching funds if the State Director determines that
the Emergency Management need which justified the purchase of the equipment
under the state grant program no longer exists, or, if it exists, that the need
will be met by the new equipment; and the sale or trade-in will realize the
fair market value of the equipment. The procedures followed in such cases are
the same as prescribed in subparagraph (d) above, for disposal without
replacement.
Notes
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