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shall establish, maintain, and follow written procurement procedures <br />consistent with the procurement standards in 45 CFR Part 92 (OMB <br />Circular A -102 for state and local governments) and 45 CFR Part 74 <br />(OMB CircularA -110 for education institutions and nonprofit <br />organizations), or any subsequent amendments to these standards, <br />and all additional provisions in this Agreement, including but not limited <br />to a code of conduct for the award and administration of contracts and <br />a procedure that provides, to the maximum extent practical, open and <br />free competition; <br />b. Eligible bidders. Subgrantee shall not permit any organizational <br />conflicts of interest or noncompetitive practices that may restrict or <br />eliminate competition or otherwise restrain trade. In order to ensure <br />objective sub - subgrantee performance and eliminate unfair competitive <br />advantage, individuals, or firms that develop or draft specifications, <br />requirements, statements of work, invitations for bids, and /or requests <br />for proposals shall be excluded from competing for such procurements. <br />Subgrantee shall award any sub - subgrant to the bidder or offeror <br />whose bid or offer is responsive to the solicitation and is most <br />advantageous to Subgrantee when considering price, quality, and <br />other factors. Subgrantee's solicitations shall clearly set forth all <br />requirements that the bidder or offeror shall fulfill in order for the bid or <br />offer to be evaluated by the recipient; <br />c. Subgrantee assures that all supplies, materials, vehicles, equipment, <br />or services purchased or leased with funds provided by this Agreement <br />shall be used solely for the activities allowed under this Agreement, <br />unless a fair market value for such use is charged to the benefiting <br />program and credited to this Agreement. <br />d. Subgrantee shall provide for open and free competition and adequate <br />cost analysis in all procurement transactions for each purchase order, <br />lease, or sub - subcontract for any articles, supplies, equipment, or <br />services to be obtained from vendors or sub - subcontractors; <br />e. Non - competitive bid justification. If a service or product is of a unique <br />nature, or more than one vendor /provider cannot reasonably be <br />identified, Subgrantee shall maintain adequate justification for the <br />absence of competitive bidding "Adequate justification" must include, <br />but is not limited to: <br />PICH Subcontract Page 25 <br />CFDA Number: 93.331 <br />Federal Award Identification Number (FAIN): U58DP005861 <br />Grant Number: 1U58DP005861 -01 <br />Funding Opportunity Announcement Number: CDC- RFA -DP14 -1417 <br />20A -27 <br />