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

Ga. Comp. R. & Regs. R. 155-2-.06
Ga. L. 1980, pp. 1247-1249 (Ga. Code Ann., Ch. 86-18).
Original Rule entitled "Requirements and Restrictions" was filed on October 31, 1980; effective November 20, 1980. In accordance with Ga. L. 1981, pp. 389, 390, the words "civil defense" wherever appearing in this Rule have been changed to "emergency management." Filed June 5, 1981; effective July 1, 1981, as specified by the Agency.

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