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(13) PROCUREMENT <br />ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J R. SMITH, CLERK <br />(a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the <br />Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. <br />§§200.318 through 200.327 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(i), the Sub -Recipient shall "maintain records sufficient <br />to detail the history of procurement. These records will include but are not necessarily limited to the <br />following: Rationale for the method of procurement, selection of contract type, contractor selection or <br />rejection, and the basis for the contract price." <br />(c) As required by 2 C.F.R. §200.318(b), 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)(1) or <br />procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), 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 seven (7) business days. <br />Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the <br />procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. <br />Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the <br />Sub -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 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 />