PO Planning 2009-2017 - Laserfiche WebLink

Home Browse Search

any unearned payment otherwise due to SUBRECIPIENT if COUNTY reasonably suspects any of the following: 1. SUBRECIPIENT has mismanaged any funds provided by COUNTY. 2. Funds in SUBRECIPIENT's possession are at risk of being seized by SUBRECIPIENT's creditors or other adverse interest. 3. SUBRECIPIENT appears incapable of maintaining itself as a going concern. C. Total Payment. The total amount to be paid to SUBRECIPIENT under this Agreement shall not exceed the Maximum Cost shown on page one. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Schedule B herein and in accordance with performance. XLIII. PROCUREMENT STANDARDS A. SUBRECIPIENT will comply with the procurement standards under 24 CFR 85.36 for governmental subrecipients and 24 CFR 84.40-48 for subrecipients that are non- profit organizations including the requirements for bonding in procurement. B. SUBRECIPIENT is the responsible authority, without recourse to HUD or the COUNTY regarding the settlement of all contractual and administrative issues arising out of the procurement entered in support of the award or other agreement. C. SUBRECIPIENT shall conduct all procurement in a manner to provide to the maximum extent practical, open and free competition. Contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for a project, D. General requirements for procurement include, but are not limited to i. SUBRECIPIENT must maintain records to detail the significant history of a procurement. These records include, but are not limited to: files on the rationale for selecting the method of procurement used, selection of the contract type, the contractor selection/rejection process, and the basis for the cost or price of a contract. ii. Pre -qualified lists of vendors/contractors, if used, must be current, developed through open solicitation, include adequate numbers of qualified sources, and must allow entry of other firms to qualify at any time. iii. SUBRECIPIENTS must ensure that awards are not made to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. iv. There must be written selection procedures for procurement transactions. v. SUBRECIPIENTS must not use "cost plus a percentage of cost" pricing for contracts. In addition, SUBRECIPIENTS should use "time and material" type contracts only after a determination is made that no other contract type is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk. v:. SUBRECIPIENTS must have protest procedures in place to handle and resolve disputes relating to their procurement and in all instances report such disputes to the COUNTY. vii. There must be a documented system of contract administration for determining the consistency of contractor performance. Page 23