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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Consistent with 2 C.F.R. § 200.325, the Division will review the unexecuted contract for compliance with <br />the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 <br />C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for <br />that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a <br />subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the <br />subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's <br />review and comments shall not constitute an approval of.the subcontract. Regardless of the Division's <br />review, the Recipient remains bound by all applicable laws, regulations, and, agreement- terms. If during <br />its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies <br />to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the <br />Recipient executes a subcontract, after_ receiving a communication from the Division that the subcontract <br />is non-compliant, then the Division.may: <br />i._ Terminate this Agreement in. accordance;with the provisions <br />outlined in Paragraph (12) above; and, <br />ii. Refuse to reimburse the Recipient for any costs associated with <br />that subcontract. <br />(f) The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by <br />the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and , <br />regulations, and (iii) thesubcontractor shall hold the Division and Recipient harmless against all claims of <br />whatever nature arising out of the subcontractor's performance of work under this Agreement, to the <br />extent allowed and required by law. <br />(g) As required by 2 C.F.R. § 200.318(c)(1), the Recipient shall "maintain written standards <br />of conduct covering conflicts of interest and governing the actions of its employees engaged in the <br />selection, award and administration of contracts." <br />(h) As required by 2 C.F.R. § 200.319, the Recipient shall conduct any procurement under <br />this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not: <br />i. <br />Place unreasonable requirements on firms in order for them to <br />qualify to do business; <br />ii. <br />Require unnecessary experience or excessive bonding; <br />iii. <br />Use noncompetitive pricing practices between firms or between <br />affiliated companies; <br />iv. <br />Execute noncompetitive contracts to consultants that are on <br />retainer contracts; <br />V. <br />Authorize, condone, or ignore organizational conflicts of interest; <br />vi. <br />Specify only a brand name product without allowing vendors to <br />offer an equivalent; <br />6 <br />