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GENERAL TERMS AND CONDITIONS <br /> GENERAL GRANT <br /> FEDERAL FUNDS <br /> 2. Solicitations shall be based upon a clear and accurate description of the technical requirements <br /> of the procured items. <br /> 3. Positive efforts shall be made to use small and minority-owned businesses. <br /> 4. The type of procuring instrument(fixed price, cost reimbursement) shall be determined by the <br /> Grantee, but must be appropriate for the particular procurement and for promoting the best <br /> interest of the program involved. <br /> 5. Subgrants shall be made only with reasonable Subgrantees who possess the potential ability <br /> to perform successfully under the terms and conditions of the proposed procurement. <br /> 6. Some form of price or cost analysis should be performed in connection with every procurement <br /> action. <br /> 7. Procurement records and files for purchases shall include all of the following: <br /> a. Grantees selection or rejection. <br /> b. The basis for the cost or price. <br /> c. Justification for lack of competitive bids if offers are not obtained. <br /> 8. A system for Grant administration to ensure Grantee conformance with terms, conditions and <br /> specifications of this Grant, and to ensure adequate and timely follow-up of all purchases. <br /> D. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from this <br /> Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when <br /> value of this Grant is expected to exceed $5,000. <br /> Prior approval requests shall include a copy of proposed Grants and any related procurement <br /> documents and justification for non-competitive procurement, if applicable. <br /> 26. PUBLICITY <br /> The Grantee agrees not to publish or use any advertising or publicity materials in which the state of <br /> Washington or COMMERCE's name is mentioned, or language used from which the connection with <br /> the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the <br /> prior written consent of COMMERCE. <br /> 27. RECAPTURE <br /> In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, <br /> and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to <br /> compensate COMMERCE for the noncompliance in addition to any other remedies available at law or <br /> in equity. <br /> Repayment by the Grantee of funds under this recapture provision shall occur within the time period <br /> specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments <br /> due under this Grant. <br /> 28. RECORDS MAINTENANCE <br /> The Grantee shall maintain all books, records, documents, data and other evidence relating to this <br /> Grant and performance of the services described herein, including but not limited to accounting <br /> procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature <br /> expended in the performance of this Grant. <br /> Grantee shall retain such records for a period of six years following the date of final payment. At no <br /> additional cost, these records, including materials generated under the Grant, shall be subject at all <br /> reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by <br /> COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, <br /> regulation or agreement. <br /> 15 <br />