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2020-113C
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Last modified
2/23/2021 2:28:33 PM
Creation date
11/13/2020 3:05:55 PM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
06/09/2020
Control Number
2020-113C
Agenda Item Number
8.B.
Entity Name
Florida Division of Emergency Management
Subject
Emergency Management Performance Grants
Fiscal Year 2020-2021
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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 seven (7) 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 />Terminate this Agreement in accordance with the provisions outlined in <br />Paragraph (12) above; and, <br />ii. Refuse to reimburse the Sub -Recipient for any costs associated with that <br />solicitation. <br />(e) 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 contemplated contract prior to contract execution. The Division shall <br />review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) <br />business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for <br />compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as <br />Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its <br />judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the <br />Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the <br />terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the <br />subcontract. The Division's review and comments shall not constitute an approval of the subcontract. <br />Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, <br />and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall <br />communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business <br />day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication <br />from the Division that the subcontract is non-compliant, then the Division may: <br />i. Terminate this Agreement in accordance with the provisions outlined in <br />Paragraph (12) above; and, <br />ii. Refuse to reimburse the Sub -Recipient for any costs associated with that <br />subcontract. <br />(f) The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound <br />by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws <br />and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all <br />
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