2026-010 - Adopting Procurement Policies and Procedures for Federal Grant ContractsRESOLUTION NO. 2026-010
A RESOLUTION OF THE CITY OF PARIS, TEXAS, ADOPTING
PROCUREMENT POLICIES AND PROCEDURES FOR FEDERAL
GRANT CONTRACTS; PROVIDING FOR SEVERABILITY;
PROVIDING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris needs to adopt formal policies and procedures for the
application and receipt of grant funds; and
WHEREAS, the updated Procurement Policies and Procedures for Federal Grant
Contracts will establish the framework for operating practices and procedures to execute
grant programs and projects; and
WHEREAS, the City Council deems it is in the public's best interest to continue to be
eligible for grants through program compliance and to formally approve and adopt the
Procurement Policies and Procedures for Federal Grant Contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
SECTION 1. The findings set out in the preamble to this resolution are hereby in all
things approved and are incorporated herein for all purposes.
SECTION 2. The foregoing recitals are incorporated into this Resolution by reference
as findings of fact as if expressly set forth herein.
SECTION 3. The Procurement Policies and Procedures for Federal Grant Contracts
of the City of Paris is attached hereto as "Exhibit A" and is hereby adopted as the formal
policy of the City.
SECTION 4. Should any section, paragraph, sentence, clause, phrase or word of this
Resolution be declared unconstitutional or invalid for any purpose, the remainder of this
Resolution shall not be affected thereby.
SECTION 5. This Resolution shall take effect immediately upon its passage and
publication.
SECTION 6. It is found and determined that the meeting at which this Resolution
was passed was open to the public as required by law.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Paris,
Texas, on this the 9th day of February 2026.
ATTEST:
< CITY
44.)
At
kyle Iger, Deput City Clem
t
APPROVED AS TO FORM:
a
Step anie H. Harris, City Attorney
Mihir Pankaj, Mayor
EXHIBIT'A'
PROCUREMENT POLICY APPLICABLE TO ALL PROCUREMENTS MADE WITH
FEDERALFUNDS
FIMPT832111801AN-311 0M
THE CITY WILL USE DOCUMENTED PROCUREMENT PROCEDURES IN ACCORDANCE WITH ALL APPLICABLE FEDERAL,
STATE, AND LOCAL GOVERNMENT STATUTES AND REGULATIONS, INCLUDING THE UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, PER 2 CFR 200.318
THROUGH 2 CFR 200.327.
PROCUREMENT STANDARDS FOR FEDERAL GRANT AWARDS
§ 200.318 General Procurement Standards.
(a) Documented procurement procedures. The city must maintain and use documented procedures for
procurement transactions under a federal award or subaward, including for acquisition of property
or services. These documented procurement procedures must be consistent with State, local, and
tribal laws and regulations and the standards identified in §§ 200.317 through 200.327.
(b) Oversight of contractors. Recipients and subrecipients must maintain oversight to ensure that
contractors perform in accordance with the terms, conditions, and specifications of their contracts
or purchase orders. See also § 200.501(h).
(c) Conflicts of interest.
I. The city must maintain written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award, and administration
of contracts. No employee, officer, agent, or board member with a real or apparent conflict
of interest may participate in the selection, award, or administration of a contract supported
by the Federal award. A conflict of interest includes when the employee, officer, agent, or
board member, any member of their immediate family, their partner, or an organization that
employs or is about to employ any of the parties indicated herein, has a financial or other
interest in or a tangible personal benefit from an entity considered for a contract. An
employee, officer, agent, and board member of the city may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors.
However, the city may set standards for situations where the financial interest is not
substantial, or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's
standards of conduct must also provide for disciplinary actions to be applied for violations
by its employees, officers, agents, or board members.
2. If the city has a parent, affiliate, or subsidiary organization that is not a State, local
government, or Indian Tribe, the city must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest mean that
because of relationships with a parent company, affiliate, or subsidiary organization, the city
is unable or appears to be unable to be impartial in conducting a procurement action
involving a related organization.
(d) Avoidance of unnecessary or duplicative items. The recipient's or subrecipient's procedures must
avoid the acquisition of unnecessary or duplicative items. Consideration should be given to
consolidating or breaking out procurements to obtain a more economical purchase. When
appropriate, an analysis should be made between leasing and purchasing property or equipment to
determine the most economical approach.
(e) Procurement arrangements using strategic sourcing. When appropriate for the procurement or use
of common or shared goods and services, recipients and subrecipients are encouraged to enter into
State and local intergovernmental agreements or inter -entity agreements for procurement
transactions. These or similar procurement arrangements using strategic sourcing may foster
greater economy and efficiency. Documented procurement actions of this type (using strategic
sourcing, shared services, and other similar procurement arrangements) will meet the competition
requirements of this part.
Use of excess and surplus Federal property. The city is encouraged to use excess and surplus Federal
property instead of purchasing new equipment and property when it is feasible and reduces project
costs.
(g) Use of value engineering clauses. When practical, the city is encouraged to use value engineering
clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for
cost reductions. Value engineering means analyzing each contract item or task to ensure its
essential function is provided at the lowest overall cost.
(h) Responsible contractors. The city must award contracts only to responsible contractors that possess
the ability to perform successfully under the terms and conditions of a proposed contract. The city
must consider contractor integrity, public policy compliance, proper classification of employees
(see the Fair Labor Standards Act, 29 U.S.C. 201, chapter 8), past performance record, and financial
and technical resources when conducting a procurement transaction. See also § 200.214,
(i) Procurement records. The city must maintain records sufficient to detail the history of each
procurement transaction. These records must include the rationale for the procurement method,
contract type selection, contractor selection or rejection, and the basis for the contract price.
(j) Time -and -materials type contracts.
1. The city may use a time -and -materials type contract only after a determination that no other
contract is suitable and if the contract includes a ceiling price that the contractor exceeds at
its own risk. Time -and -materials type contract means a contract whose cost to a city is the
sum of:
i. The actual cost of materials; and
ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit.
2. Because this formula generates an open-ended contract price, a time -and -materials contract
provides no positive profit incentive to the contractor for cost control or labor efficiency.
Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk.
Further, the city awarding such a contract must assert a high degree of oversight to obtain
reasonable assurance that the contractor is using efficient methods and effective cost
controls.
(k) Settlement of contractual and administrative issues. The city is responsible for the settlement of all
contractual and administrative issues arising out of its procurement transactions. These issues
include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do
not relieve the city of any contractual responsibilities under its contracts. The Federal agency will
not substitute its judgment for that of the city unless the matter is primarily a federal concern. The
city must report violations of law to the Federal, State, or local authority with proper jurisdiction.
(1) Examples of labor and employment practices.
1. The procurement standards in this subpart do not prohibit recipients or subrecipients
from:
i. Using Project Labor Agreements (PLAs) or similar forms of pre -hire collective
bargaining agreements;
ii. Requiring construction contractors to use hiring preferences or goals for people
residing in high -poverty areas, disadvantaged communities as defined by the
Justice40 Initiative (see OMB Memorandum M-21-28), or high -unemployment census
tracts within a region no smaller than the county where a federally funded
construction project is located. The hiring preferences or goals should be consistent
with the policies and procedures of the city, and must not prohibit interstate hiring;
iii. Requiring a contractor to use hiring preferences or goals for individuals with barriers
to employment (as defined in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102(24)), including women and people from underserved
communities as defined by Executive Order 14091;
iv. Using agreements intended to ensure uninterrupted delivery of services; using
agreements intended to ensure community benefits; or
V. Offering employees of a predecessor contractor rights of first refusal under a
new contract.
2. Recipients and subrecipients may use the practices listed in paragraph (1) if consistent with
the U.S. Constitution, applicable Federal statutes and regulations, the objectives and
purposes of the applicable Federal financial assistance program, and other requirements of
this part.
§ 200.319 Competition.
(a) All procurement transactions under the Federal award must be conducted in a manner that
provides full and open competition and is consistent with the standards of this section and
§ZQQJ40 '.
(b) To ensure objective contractor performance and eliminate unfair competitive advantage,
contractors that develop or draft specifications, requirements, statements of work, or
invitations for bids must be excluded from competing on those procurements.
(c) Examples of situations that may restrict competition include, but are not limited to:
1. Placing unreasonable requirements on firms for them to qualify to do business;
2. Requiring unnecessary experience and excessive bonding;
3. Noncompetitive pricing practices between firms or between affiliated companies;
4. Noncompetitive contracts to consultants that are on retainer contracts;
S. Organizational conflicts of interest;
6. Specifying only a "brand name" product instead of allowing "an equal" product to be offered
and describing the performance or other relevant requirements of the procurement; and
7. Any arbitrary action in the procurement process.
(d) The city must have written procedures for procurement transactions. These procedures must
ensure that all solicitations:
1. Are made in accordance with § 200.319(b);
2. Incorporate a clear and accurate description of the technical requirements for the property,
equipment, or service being procured. The description may include a statement of the
qualitative nature of the property, equipment, or service to be procured. When necessary,
the description must provide minimum essential characteristics and standards to which the
property, equipment, or service must conform. Detailed product specifications should be
avoided if at all possible. When it is impractical or uneconomical to clearly and accurately
describe the technical requirements, a "brand name or equivalent" description of features
may be used to provide procurement requirements. The specific features of the named brand
must be clearly stated; and
3. Identify any additional requirements which the offerors must fulfill and all other factors that
will be used in evaluating bids or proposals.
(e) The city must ensure that all prequalified lists of persons, firms, or products used in procurement
transactions are current and include enough qualified sources to ensure maximum open
competition. When establishing or amending prequalified lists, the city must consider objective
factors that evaluate price and cost to maximize competition. The city must not preclude potential
bidders from qualifying during the solicitation period.
(f) To the extent consistent with established practices and legal requirements applicable to the city,
this subpart does not prohibit recipients or subrecipients from developing written procedures for
procurement transactions that incorporate a scoring mechanism that rewards bidders that commit
to specific numbers and types of U.S. jobs, minimum compensation, benefits, on -the -job -training for
employees making work products or providing services on a contract, and other worker
protections. This subpart also does not prohibit recipients and subrecipients from making inquiries
of bidders about these subjects and assessing the responses. Any scoring mechanism must be
consistent with the U.S. Constitution, applicable Federal statutes and regulations, and the terms and
conditions of the Federal award.
(g) Noncompetitive procurements can only be awarded in accordance with § 200.320(c).
§ 200.320 Procurement methods.
There are three types of procurement methods described in this section: informal procurement methods
(for micro- purchases and simplified acquisitions); formal procurement methods (through sealed bids or
proposals); and noncompetitive procurement methods. For any of these methods, the city must maintain
and use documented procurement procedures, consistent with the standards of this section and §§
200.317, 200.318, and 200.319.
(a) Informal procurement methods for small purchases. These procurement methods expedite the
completion of transactions, minimize administrative burdens, and reduce costs. Informal
procurement methods may be used when the value of the procurement transaction under the
Federal award does not exceed the simplified acquisition threshold as defined in § 200.1. Recipients
and subrecipients may also establish a lower threshold. Informal procurement methods include:
1. Micro -purchases —
i. Distribution. The aggregate amount of the procurement transaction does not exceed
the micro- purchase threshold defined in § 200.1. To the extent practicable, the city
should distribute micro -purchases equitably among qualified suppliers.
ii. Micro -purchase awards. Micro -purchases may be awarded without soliciting
competitive price or rate quotations if the city considers the price reasonable based
on research, experience, purchase history, or other information; and maintains
documents to support its conclusion. Purchase cards may be used as a method of
payment for micro- purchases.
iii. Micro -purchase thresholds. The city is responsible for determining and documenting
an appropriate micro -purchase threshold based on internal controls, an evaluation of
risk, and its documented procurement procedures. The micro -purchase threshold
used by the city must be authorized or not prohibited under State, local, or tribal laws
or regulations. The city may establish a threshold higher than the Federal threshold
established in the Federal Acquisition Regulations (FAR) in accordance with
paragraphs (a) (1) (iv) and (v) of this section.
iv. City increase to the micro -purchase threshold up to $50,000. The city may establish a
threshold higher than the micro -purchase threshold identified in the FAR in
accordance with the requirements of this section. The city may self -certify a threshold
up to $50,000 on an annual basis and must maintain documentation to be made
available to the Federal agency or pass- through entity and auditors in accordance
with § 200.334. The self -certification must include a justification, clear identification
of the threshold, and supporting documentation of any of the following:
A. A qualification as a low-risk auditee, in accordance with the criteria in §
200.520 for the most recent audit;
B. An annual internal institutional risk assessment to identify, mitigate, and
manage financial risks; or,
C. For public institutions, a higher threshold is consistent with State law.
V. City increase to the micro -purchase threshold over$50,000. Micro -purchase thresholds
higher than $50,000 must be approved by the cognizant agency for indirect costs. The
city must submit a request that includes the requirements in paragraph (a) (1) (iv) of
this section. The increased threshold is valid until any factor that was relied on in the
establishment and rationale of the threshold changes.
2. Simplified acquisitions —
i. Simplified acquisition procedures. The aggregate dollar amount of the procurement
transaction is higher than the micro -purchase threshold but does not exceed the
simplified acquisition threshold. If simplified acquisition procedures are used, price
or rate quotations must be obtained from an adequate number of qualified sources.
Unless specified by the Federal agency, the city may exercise judgment in determining
what number is adequate.
ii. Simplified acquisition thresholds. The city is responsible for determining an
appropriate simplified acquisition threshold based on internal controls, an evaluation
of risk, and its documented procurement procedures, which may be lower than, but
must not exceed, the threshold established in the FAR.
(b) Formal procurement methods. Formal procurement methods are required when the value of the
procurement transaction under a federal award exceeds the simplified acquisition threshold of the
city. Formal procurement methods are competitive and require public notice. The following formal
methods of procurement are used for procurement transactions above the simplified acquisition
threshold determined by the city in accordance with paragraph (a) (2) (ii) of this section:
1. Sealed bids. This is a procurement method in which bids are publicly solicited through an
invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the
responsible bidder whose bid conforms with all the material terms and conditions of the
invitation and is the lowest in price. The sealed bids procurement method is preferred for
procuring construction services.
i. For sealed bidding to be feasible, the following conditions should be present:
A. A complete, adequate, and realistic specification or purchase description is
available;
B. Two or more responsible bidders have been identified as willing and able to
compete effectively for the business; and
C. The procurement lends itself to a firm -fixed-price contract, and the selection
of the successful bidder can be made principally based on price.
ii. If sealed bids are used, the following requirements apply:
A. Bids must be solicited from an adequate number of qualified sources,
providing them with sufficient response time prior to the date set for
opening the bids. Unless specified by the Federal agency, the city may
exercise judgment in determining what number is adequate. For local
governments, the invitation forbids must be publicly advertised.
B. The invitation for bids must define the items or services with specific
information, including any required specifications, for the bidder to properly
respond;
C. All bids will be opened at the time and place prescribed in the invitation for
bids. For local governments, the bids must be opened publicly.
D. A firm -fixed-price contract is awarded in writing to the lowest responsive
bid and responsible bidder. When specified in the invitation for bids, factors
such as discounts, transportation cost, and life -cycle costs must be
considered in determining which bid is the lowest. Payment discounts must
only be used to determine the low bid when the city determines they are a
valid factor based on prior experience.
E. The city must document and provide a justification for all bids it rejects.
2. Proposals. This is a procurement method used when conditions are not appropriate for using
sealed bids. This procurement method may result in either a fixed-price or cost -
reimbursement contract. They are awarded in accordance with the following requirements:
i. Requests for proposals require public notice, and all evaluation factors and their
relative importance must be identified. Proposals must be solicited from multiple
qualified entities. To the maximum extent practicable, any proposals submitted in
response to the public notice must be considered.
ii. The city must have written procedures for conducting technical evaluations and
making selections.
iii. Contracts must be awarded to the responsible proposer whose proposal is most
advantageous to the city considering price and other factors; and
iv. The city may use competitive proposal procedures for qualifications -based
procurement of architectural/engineering (A/E) professional services whereby the
offeror's qualifications are evaluated, and the most qualified offeror is selected,
subject to negotiation of fair and reasonable compensation. The method, where the
price is not used as a selection factor, can only be used to procure
architectural/engineering (A/E) professional services. The method may not be used
to purchase other services provided by A/E firms that are a potential source to
perform the proposed effort.
(c) Noncompetitive procurement. There are specific circumstances in which the city may use a
noncompetitive procurement method. The noncompetitive procurement method may only be used
if one of the following circumstances applies:
1. The aggregate amount of the procurement transaction does not exceed the micro -purchase
threshold (see paragraph (a) (1) of this section);
2. The procurement transaction can only be fulfilled by a single source;
3. The public exigency or emergency for the requirement will not permit a delay resulting from
providing public notice of a competitive solicitation;
4. The city requests in writing to use a noncompetitive procurement method, and the Federal
agency or pass-through entity provides written approval;
S. Only one satisfactory proposal is received through RFP or RFQ or;
6. After soliciting several sources, competition is determined inadequate.
§ 200.321 Contracting with small businesses, minority businesses, women's business
enterprises, veteran -owned businesses, and labor surplus area firms.
A. When possible, the city should ensure that small businesses, minority businesses, women's business
enterprises, veteran -owned businesses, and labor surplus area firms (See U.S. Department of
Labor's list) are considered as set forth below.
B. Such consideration means:
1. These business types are included on solicitation lists;
2. These business types are solicited whenever they are deemed eligible as potential sources;
3. Dividing procurement transactions into separate procurements to permit maximum
participation by these business types;
4. Establishing delivery schedules (for example, the percentage of an order to be delivered by
a given date of each month) that encourage participation by these business types;
S. Utilizing organizations such as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce; and
6. Requiring a contractor under a Federal award to apply this section to subcontracts wherever
possible.
§ 200.322 Domestic preferences for procurements.
(a) The city should, to the greatest extent practicable and consistent with law, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards, contracts, and purchase orders
under Federal awards.
(b) For purposes of this section:
1. "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
2. "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer -based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement
the Buy America preferences set forth in 2 CFR part 184.
§ 200.323 Procurement of recovered materials.
(a) A city that is a State agency or agency of a political subdivision of a State and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section
6002 include procuring only items designated in the guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
(b) The city should, to the greatest extent practicable and consistent with law, purchase, acquire, or use
products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable. This may include purchasing
compostable items and other products and services that reduce the use of single -use plastic
products.
See Executive Order 14057, section 101, Policy.
§ 200.324 Contract cost and price.
(a) The Federal agency or pass-through entity may review the technical specifications of proposed
procurements under the Federal award if the Federal agency or pass-through entity believes the
review is needed to ensure that the item or service specified is the one being proposed for
acquisition. The city must submit the technical specifications of proposed procurements when
requested by the Federal agency or pass-through entity. This review should take place prior to the
time the specifications are incorporated into a solicitation document. When the city desires to
accomplish the review after a solicitation has been developed, the Federal agency or pass-through
entity may still review the specifications. In those cases, the review should be limited to the
technical aspects of the proposed purchase.
(b) When requested, the city must provide procurement documents (such as requests for proposals,
invitations for bids, or independent cost estimates) to the Federal agency or pass-through entity for
pre- procurement review. The Federal agency or pass-through entity may conduct a pre -
procurement review when:
1. The recipient's or subrecipient's procurement procedures or operation fails to comply with
the procurement standards in this part;
2. The procurement is expected to exceed the simplified acquisition threshold and is to be
awarded without competition, or only one bid is expected to be received in response to a
solicitation;
3. The procurement is expected to exceed the simplified acquisition threshold and specifies a
"brand name" product;
4. The procurement is expected to exceed the simplified acquisition threshold, and a sealed bid
procurement is to be awarded to an entity other than the apparent low bidder; or
S. A proposed contract modification changes the scope of a contract or increases the contract
amount by more than the simplified acquisition threshold.
(c) The city is exempt from the pre -procurement review in paragraph (b) of this section if the Federal
agency or pass-through entity determines that its procurement systems comply with the standards
of this part.
1. The city may request that the Federal agency or pass-through entity review its procurement
system to determine whether it meets these standards for its system to be certified.
Generally, these reviews must occur where there is continuous high -dollar funding and
third -party contracts are awarded regularly.
2. The city may self -certify its procurement system. However, self -certification does not limit
the Federal agency's or pass-through entity's right to review the system. Under a self -
certification procedure, the Federal agency or pass-through entity may rely on written
assurances from the city that it is complying with the standards of this part. The city must
cite specific policies, procedures, regulations, or standards as complying with these
requirements and have its system available for review.
§ 200.325 Federal agency or pass-through entity review.
(a) The Federal agency or pass-through entity may review the technical specifications of proposed
procurements under the Federal award if the Federal agency or pass-through entity believes the
review is needed to ensure that the item or service specified is the one being proposed for
acquisition. The city must submit the technical specifications of proposed procurements when
requested by the Federal agency or pass-through entity. This review should take place prior to the
time the specifications are incorporated into a solicitation document. When the city desires to
accomplish the review after a solicitation has been developed, the Federal agency or pass-through
entity may still review the specifications. In those cases, the review should be limited to the
technical aspects of the proposed purchase.
(b) When requested, the city must provide procurement documents (such as requests for proposals,
invitations for bids, or independent cost estimates) to the Federal agency or pass-through entity for
pre- procurement review. The Federal agency or pass-through entity may conduct a pre -
procurement review when:
1. The recipient's or subrecipient's procurement procedures or operation fails to comply with
the procurement standards in this part;
2. The procurement is expected to exceed the simplified acquisition threshold and is to be
awarded without competition, or only one bid is expected to be received in response to a
solicitation;
3. The procurement is expected to exceed the simplified acquisition threshold and specifies a
"brand name" product;
4. The procurement is expected to exceed the simplified acquisition threshold, and a sealed bid
procurement is to be awarded to an entity other than the apparent low bidder; or
S. A proposed contract modification changes the scope of a contract or increases the contract
amount by more than the simplified acquisition threshold.
(c) The city is exempt from the pre -procurement review in paragraph (b) of this section if the Federal
agency or pass-through entity determines that its procurement systems comply with the standards
of this part.
1. The city may request that the Federal agency or pass-through entity review its procurement
system to determine whether it meets these standards for its system to be certified.
Generally, these reviews must occur where there is continuous high -dollar funding and
third -party contracts are awarded regularly.
2. The city may self -certify its procurement system. However, self -certification does not limit
the Federal agency's or pass-through entity's right to review the system. Under a self -
certification procedure, the Federal agency or pass-through entity may rely on written
assurances from the city that it is complying with the standards of this part. The city must
cite specific policies, procedures, regulations, or standards as complying with these
requirements and have its system available for review.
§ 200.326 Bonding requirements.
The Federal agency or pass-through entity may accept the recipient's or subrecipient's
bonding policy and requirements for construction or facility improvement contracts or
subcontracts exceeding the simplified acquisition threshold. Before doing so, the Federal
agency or pass-through entity must determine that the Federal interest is adequately
protected. If such a determination has not been made, the minimum requirements must be
as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute any
required contractual documents within the specified timeframe.
(b) A performance bond on the contractor's part for 100 percent of the contract price. A performance
bond is a bond executed in connection with a contract to secure the fulfillment of all the contractor's
requirements under a contract.
(c) A payment bond on the contractor's part for 100 percent of the contract price. A payment bond is a
bond executed in connection with a contract to assure payment as required by the law of all persons
supplying labor and material in the execution of the work provided for under a contract.
§ 200.327 Contract provisions.
The recipient's or subrecipient's contracts must contain the applicable provisions
described in Appe,n(jjxjjQf thi-S Dart.
Appendix H to Part 200—Contract Provisions for Non -Federal Entity Contracts Under
Federal Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts
made by the non -Federal entity under the Federal award must contain provisions covering the
following, as applicable.
A. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
B. All contracts in excess of $10,000 must address termination for cause and for convenience
by the non -Federal entity including the manner by which it will be affected and the basis
for settlement.
C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
D. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non -Federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The Act provides that each contractor or subrecipient
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non -Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part
5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR § 401.2 (a) and the city wishes to enter
into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the city must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
H. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689
(3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains
the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
J. See § 200.323.
K. See § 200.216.
a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds
to:
1. Procure or obtain covered telecommunications equipment or services;
2. Extend or renew a contract to procure or obtain covered telecommunications equipment or
services; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain covered
telecommunications equipment or services.
b) As described in section 889 of Public Law 115-232, "covered telecommunications equipment or
services" means any of the following:
1. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
2. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
3. Telecommunications or video surveillance services provided by such entities or using such
equipment;
4. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country;
c) For the purposes of this section, "covered telecommunications equipment or services" also
include systems that use covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive
agencies administering loan, grant, or subsidy programs must prioritize available funding and
technical support to assist affected businesses, institutions, and organizations as is reasonably
necessary for those affected entities to transition from covered telecommunications equipment
or services, to procure replacement equipment or services, and to ensure that communications
service to users and customers is sustained.
e) When the city accepts a loan or grant, it is certifying that it will comply with the prohibition on
covered telecommunications equipment and services in this section. The city is not required to
certify that funds will not be expended on covered telecommunications equipment or services
beyond the certification provided upon accepting the loan or grant and those provided upon
submitting payment requests and financial reports.
0 For additional information, see section 889 of Public Law 115-232 and § 200.471.
L. See § 200.322.
Passed and Adopted by the City of Paris, Texas this 9th day of February 2026.
Mihir Pankaj, Mayor
ATTEST:
CI TY
Q;1
Skylar n�r, Deputy Ci W Clerk
oo ..........
4/?/s -T
APPROVED AS TO FORM:
Step anie H. Harris, City Attorney