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2018-178B
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Last modified
1/4/2021 12:10:04 PM
Creation date
9/24/2018 2:54:48 PM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
09/18/2018
Control Number
2018-178B
Agenda Item Number
12.C.1.
Entity Name
FEMA Federal Emergency Management Agency
Subject
Wildfire Hazard Mitigation Grant Program Award
Hurricane Matthew
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notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. <br />Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be <br />relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The <br />Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of <br />set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. <br />(18)PROCUREMENT <br />a. The Sub -Recipient shall ensure that any procurement involving funds authorized by <br />the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. <br />§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for <br />Non -Federal Entity Contracts Under Federal Awards"). <br />b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records <br />sufficient to detail the history of procurement. These records will include, but are not necessarily limited <br />to the following: rationale for the method of procurement, selection of contract type, contractor selection <br />or rejection, and the basis for the contract price." <br />c. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to <br />ensure that contractors perform in accordance with the terms, conditions, and specifications of their <br />contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - <br />Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors <br />performing work under this Agreement. <br />d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or <br />procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient <br />chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall <br />forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen <br />(15) days prior to the publication or communication of the solicitation. The Division shall review the <br />solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent <br />with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement <br />standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. <br />Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - <br />Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a <br />competitive solicitation, this review may allow the Division to identify deficiencies in the vendor <br />requirements or in the commodity or service specifications. The Division's review and comments shall not <br />constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains <br />bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies <br />any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly <br />as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a <br />competitive solicitation after receiving comments from the Division that the solicitation is deficient, then <br />the Division may: <br />13 <br />
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