WA State Department of Commerce 12/8/2016

GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 26. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A GRANTEE which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee's procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of Grants using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. C. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument(fixed price, cost reimbursement)shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5. Subgrants shall be made only with reasonable Subgrantees who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 6. Some form of price or cost analysis should be performed in connection with every procurement action. 7. Procurement records and files for purchases shall include all of the following: a. Grantees selection or rejection. b. The basis for the cost or price. c. Justification for lack of competitive bids if offers are not obtained. 8. A system for Grant administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow-up of all purchases_ D. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when value of this Grant is expected to exceed$5,000. Prior approval requests shall include a copy of proposed Grants and any related procurement documents and justification for non-competitive procurement, if applicable. 27. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 28. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. General Grant Federal 15