Washington State Department of Commerce 11/30/2017

GENERAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS 23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 24. POLITICAL ACTIVITIES Political activity of Grantee employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used under this Grant for working for or against ballot measures or for or against the candidacy of any person for public office. 25. 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. 15