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Appendix A 1. Procurement Standards The grantee is responsible for complying with the procurement standards set forth in 2 CFR Pant 215 (for institutions of higher education, hospitals, and other non, - profit organizations) and 45 CFR Part 1 187 (for State, local, and Indian tribal governments) and, to the extent consistent with such regulations, the standards set forth below. The standards contained in this section do not relieve the grantee of the contractual responsibilities arising under its contracts. The grantee is the responsible authority, without recourse to IMLS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of a grant or other agreement. This includes disputes, claims, protests of award, source evaluation or other matters of a contractual matter. Matters concerning the violation of a statute are to be referred to such Federal, State, or local authority as may have proper jurisdiction. When procuring property or services under a grant, the grantee's procurement policies must adhere to the applicable regulations and the standards set forth below. Subrecipients of grant funds are subject to the same policies and procedures as the grantee. a. The grantee must maintain a system for contract administration that ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Grantees shall evaluate contractor performance and document, as appropriate, whether or not contractors have met the terns, conditions, and specifications of the contract. b. A wtitten standard of conduct for awarding and administrating contracts shall be maintained by the grantee. No employee, officer, or agent of the grantee shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the following has s financial or other interest in the firm selected for a contract: the employee, officer, or agent; any member of his or her immediate family; his or her partner; or an organization which employs or is about to employ any of the preceding parties. The officers, employees, and agents of the grantee shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. However, the grantee may set standards governing when the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the grantee. c. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The grantee should be alert to organizational conflicts of interest or noncompetitive practices among contractors that may restrict or eliminate competition. 24 rl-