The following specific provisions are applicable under the purchasing policy and procedure of the town for determining suspension and/or debarment status of any vendor doing business with the Town Council for which federal funds and/or federal assistance are being utilized by the town, namely:
(A) SAM search, verification by contracted vendor, or contractual provision. Prior to any purchase for which federal funds and/or federal assistance is being utilized by the town, the purchasing agency, or its designee, shall:
(1) Examine and verify the status of any vendor participating in or to be contracted for business with the town utilizing federal funds and/or federal assistance for debarment and suspension status to determine whether such vendor is qualified to participate. The check or verification for debarment and suspension shall be performed using the System for Award Management (“SAM”), or any similar such system as then currently approved for such purposes. The town department responsible for facilitating, coordinating, and utilizing federal funds and/or federal assistance will be required to conduct and complete the SAM search, or its approved equivalent, as such procedures and methods are amended, on all vendors with whom the town intends to conduct business utilizing such federal funds. Further, the town or entity responsible shall provide a hard copy proof and verification of each SAM search, or its approved equivalent search, which will be required to be provided to the Clerk-Treasurer for maintenance and record keeping in the Office of the Clerk-Treasurer;
(2) Require each contracted vendor that is utilizing federal funds and/or federal assistance to certify that the contracted vendor was not suspended or debarred; or
(3) Add a clause to appropriate contract to ensure that the contracted vendors were not suspended or debarred.
(B) No business with debarred or suspended entity. It is specifically directed and required that the town will not conduct any business with any firm, individual, or entity which has been identified and verified as having been debarred or suspended for such purposes, in conformance with applicable law, as the same may be amended from time to time. Further, these policy requirements for determination of suspension and/or debarment status of any vendor doing business with the town in which federal funds and/or federal assistance is utilized shall pertain to “Covered Transactions” under 2 C.F.R. pt. 180 subpt. B, which include those government contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, or meet certain other specified criteria.
(Ord. 2018-06, passed 12-27-18; Am. Ord. 2022-03, passed 3-1-22; Am. Ord. 2022-05, passed 4-19-22; Am. Ord. 2022-08, passed 7-19-22; Am. Ord. 2023-04, passed 4-4-23; Am. Ord. 2023-09, passed 11-8-23)