2020-113A - Laserfiche WebLink

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Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review,the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7)business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant,then the Division may: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12)above; and, ii. Refuse to reimburse the Recipient for any costs associated with that subcontract. (f) The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. §200.318(c)(1), the Recipient shall "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." (h) As required by 2 C.F.R. §200.319(a), the Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition."Accordingly, the Recipient shall not: Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; 9