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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FY 2024 EMPA AGREEMENT <br />ATTACHMENT D <br />WARRANTIES AND REPRESENTATIONS <br />Financial Management <br />Recipient's financial management system must include the following: <br />(1) Accurate, current, and complete disclosure of the financial results of this project or program. <br />(2) Records that identify the source and use of funds for all activities. These records shall contain <br />information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, <br />outlays, income, and interest. <br />(3) Effective control over and accountability for all funds, property, and other assets. Recipient shall <br />safeguard all assets and assure that they are used solely for authorized purposes. <br />(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever <br />appropriate, financial information should be related to performance and unit cost data. <br />(5) Written procedures to determine whether costs are allowed and reasonable under the provisions <br />of the applicable OMB cost principles and the terms and conditions of this Agreement. <br />(6) Cost accounting records that are supported by backup documentation. <br />Competition <br />(1) All procurement transactions shall be done in a manner to provide open and free competition. <br />(2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among <br />contractors that may restrict or eliminate competition or otherwise restrain trade. In order to <br />ensure excellent contractor performance and eliminate unfair competitive advantage, contractors <br />that develop or draft specifications, requirements, statements of work, invitations for bids and/or <br />requests for proposals shall be excluded from competing for such procurements. <br />(3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation <br />and is most advantageous to the Recipient, considering the price, quality, and other factors. <br />(4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid <br />or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the <br />Recipient's interest to do so. <br />EE <br />