1989-038-RES WHEREAS, FEDERAL AVIATION ADMINISTRATION HAS FUNDING AVAILABLE FOR ASSISTANCE FOR UPDATING AIRPORT

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4. P"',:,,:'::,,,:-,::"-: :</'3::i :;lQ'/i~"/S. A. Exec~~ive agencies are ,encouraged to perform re'/ie':,s of their gra~:- ees' prcc~rement systems if a ccntinuing relationshi~ with tee Grantee is anticipated or a substantial amount of the Federal assis:- ance is to be used for procurement and review of individual Contracts is antici~ated. The purpose of the review shall be to determire: (I) whether a Grantee's procurement syste~ mee~s the standards pre- scribed by this At~achment or other criteria acceptable to the OF?? , such as provisions of the model procurement code for State and local goverrment and (2) whether the Grantee's procurement system should be cercified by the re'/iewing agency. Such a revie'lI will also give an agency an opportunity to give technical assistance to a Grantee to remedy its procurement system if it does not fully comply. In addi- tion, such a review may provide a basis for deciding whether the Grantee's contracts and related procurement documents should be subject to the Grantor's prior approval, as provided by Section 6. B. In conducting procurement system reviews, Grantor Agencies will eval- uate a Grantee's procure~ent system in terms of whether it camplies I~ith the standards prescribed by this Attachment and represents a fair, efficient and effective procurement system. To the minimum extent feasible, revie':lers' will rely upon State or local evaluations and analyses performed by agencies or organizations independent of the Grantee contracting activity. C. ,,'hen a Federal Grantor Agency campI etes a procurement review, 1t shall furnish a report to the Grantee, with a copy to OF?P. D. All agencies should normally rely upon the resultant findings or cer- tification for a periOd of 24 months before another review is perfomed. E. Re'/ie'tls shall be conducted in accordance with standards and guide- lines approved or issued by OFPP. F. The revie~'ls authorized by Section 6 are waived if a Grantee's pro- cure~ent system is certified. ' 5. Protest P,~cedures. Grantor agencies may develop an administrative procedure to handle cc~- plaints or protests regarding Grantee contractor selection actions. The procedure shall be limited as follows: A. No protest shall be accepted by the Grantor Agency until all adr.lin- istrative remedies at the Grantee level have been exhausted. O. Reviel'/ is limited to: 1. Violations of Federal law or regulations. Violations of State or local la\'1 shall be under the juriSdiction of State or local auth- orities. 2. Violations of Grantee's protcst proccdurcs or failurc to rcview a ccr.1plaint or protest.