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EXHIBIT D <br />(Standard Agreement) <br />(2009 CSBG) <br />invitations for bids, and/or requests for proposals shall be excluded from competing for such <br />procurements. Subcontractor shall award any subcontract to the bidder or offeror whose bid <br />or offer is responsive to the solicitation and is most advantageous to Contractor when <br />considering price, quality, and other factors. Subcontractor's solicitations shall clearly set <br />forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be <br />evaluated by the recipient. <br />3) Subcontractor assures that all supplies, materials, equipment, or services purchased or leased <br />with funds provided by this Agreement shall be used solely for the activities allowed under <br />this Agreement, unless a fair market value for such use is charged to the benefiting program <br />and credited to this Agreement. <br />4) In addition to adhering to all OMB requirements and the Subcontractor's established <br />procedures for all procurement transactions of any amount, for each purchase, lease, or <br />subcontract for any articles, supplies, equipment, or services obtained from vendors or <br />subcontractors where the per-unit cost exceeds $5,000, three competitive quotations shall be <br />obtained or adequate justification documented and maintained as to the absence of bidding. <br />In cases of a bona fide emergency where awarding a subcontract is necessary for the <br />immediate preservation of public health, welfare, or safety, documentation of the emergency <br />will be sufficient in lieu of the three-bid process. <br />5) To ensure that significant procurement transactions are conducted in an open and freely <br />competitive manner, Contractor shall comply with the following requirement: <br />a. Subcontractor shall prepare and submit a Request for Purchase/Lease Pre-Approval <br />(CSD 558) to CSD at least fifteen (15) calendar days prior to executing the <br />subcontract for each of the following procurement transactions: <br />i. Any articles, supplies, equipment or services having a per-unit cost in excess <br />of $5,000; or <br />ii. Any articles, supplies or equipment where the total contract amount exceeds <br />$100,000. <br />6) Noncompliance with any of the provisions in this Section 2. shall result in a disallowance of <br />the costs of the procurement transaction. <br />7) Subcontractor assures that it shall exercise due care in the use, maintenance, protection, and <br />preservation of state-owned property in Contractor's possession or any other property or <br />equipment procured by Contractor with State funds. Such care shall include, but is not <br />limited to, the following: <br />a. Maintaining insurance coverage against loss or damage to such property or <br />equipment. <br />b. Ensuring that the legal ownership of any motor vehicle or trailer is in the name of the <br />Contractor. <br />D2