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ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J R. QIJITH, CLERK <br />(e) 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 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. §200.325, the Division will review the unexecuted contract for <br />compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 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 />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) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written <br />standards of conduct covering conflicts of interest and governing the actions of its employees engaged in <br />the selection, award and administration of contracts." <br />(h) As required by 2 C.F.R. §200.319, the Sub -Recipient shall conduct any procurement <br />under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient <br />shall not: <br />business; <br />Place unreasonable requirements on firms in order for them to qualify to do <br />Require unnecessary experience or excessive bonding; <br />iii. Use noncompetitive pricing practices between firms or between affiliated <br />companies; <br />