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<br />16 <br /> <br />f. Some form of price or cost analysis should be performed in connection with e very <br />procurement action. <br />g. Procurement records and files for purchases shall include all of the following: <br />1) Contractor selection or rejection. <br />2) The basis for the cost or price. <br />3) Justification for lack of competitive bids if offers are not obtained. <br />h. A system for contract administration to ensure Grantee conformance with terms, <br />conditions and specifications of this Grant, and to ensure adequate and timely follow -up <br />of all purchases. <br />4. Grantee and Subgrantee/subcontractor must receive prior approval from COMMERCE f or <br />using funds from this Grant to enter into a sole source contract or a contract where only one <br />bid or proposal is received when value of this Grant is expected to exceed $5,000. <br />Prior approval requests shall include a copy of proposed contracts and any r elated <br />procurement documents and justification for non-competitive procurement, if applicable. <br />30. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION <br />The funds provided under this Grant shall not be used in payment of any bonus or commission for the <br />purpose of obtaining approval of the application for such funds or any other approval or concurrence <br />under this Grant provided, however, that reasonable fees or bona fide technical consultant, <br />managerial, or other such services, other than actual solicitation, are not hereby prohibited if <br />otherwise eligible as project costs. <br />31. 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 />32. 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 <br />to compensate COMMERCE for the noncompliance in addition to any other remedies available at law <br />or 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 />33. RECORDS MAINTENANCE <br />The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant <br />and performance of the services described herein, including but not limited to accounting procedures <br />and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended <br />in the performance of this Grant. <br />The Grantee shall retain such records for a period of six years following the date of final payment. At <br />no additional cost, these records, including materials generated under the Grant, shall be subject at <br />all 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 />If any litigation, claim or audit is started before the expiration of the six (6) year period, the records <br />shall be retained until all litigation, claims, or audit findings involving the records have been resolved. <br />34. REGISTRATION WITH DEPARTMENT OF REVENUE <br />If required by law, the Grantee shall complete registration with the Washington State Department of <br />Revenue.