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subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's <br />review and comments shall not constitute an approval of the subcontract. Regardless of the Division's <br />review, the Recipient remains bound by all applicable laws, regulations,and agreement terms. If during <br />its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies <br />to the Recipient as quickly as possible within the three (3) business day window outlined above. If the <br />Recipient executes a subcontract after receiving a communication from the Division that the subcontract <br />is non-compliant, then the Division may: <br />(1) Terminate this Agreement in accordance with the provisions outlined in <br />paragraph 16 above; and, <br />(2) Refuse to reimburse the Recipient for any costs associated with that <br />subcontract. <br />F. The Recipient agrees to include in any subcontract the following: <br />(1) The subcontractor is bound by the terms of this Agreement; <br />(2) The subcontractor is bound by all applicable state and federal laws and <br />regulations; and, <br />(3) The subcontractor shall hold the Division and Recipient harmless against all <br />claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to <br />the extent allowed and required by law. <br />G. The Recipient shall maintain written standards of conduct covering conflicts of <br />interest and governing the actions of its employees engaged in the selection, award and administration of <br />contracts. <br />H. The Recipient shall conduct any procurement under this agreement in a manner <br />providing full and open competition. Accordingly, the Recipient shall not: <br />(1) Place unreasonable requirements on firms in order for them to qualify to do <br />business; <br />companies; <br />contracts; <br />equivalent; <br />(2) Require unnecessary experience or excessive bonding; <br />(3) Use noncompetitive pricing practices between firms or between affiliated <br />(4) Execute noncompetitive contracts to consultants that are on retainer <br />(5) Authorize; condone, or ignore organizational conflicts of interest; <br />(6) Specify only a brand name product without allowing vendors to offer an <br />(7) Specify a brand name product instead of describing the performance, <br />specifications, or other relevant requirements that pertain to the commodity or service solicited by the <br />procurement; <br />13 <br />P120 <br />