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Department of Justice (DOJ) <br />Office of Justice Programs <br />Bureau of Justice Assistance <br />AWARD CONTINUATION <br />SHEET <br />Grant <br />PAGE 8 OF 16 <br />PROJECTNUMBER 2O2O-AR-BX-oI48 AWARD DATE <br />SPECIAL CONDITIONS <br />13. Unreasonable restrictions on competition under the award; association with federal government <br />SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in <br />part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of <br />the purchase or acquisition, the method ofprocurement, or the nature ofany legal instrument used. The provisions of <br />this condition must be among those included in any subaward (at any tier). <br />l. No discrimination, in procurement transactions, against associates ofthe federal govemment <br />Consistent with the (DOJ) Part 200 Uniform Requirements - including as set out at 2 C.F.R. 200.300 (requiring <br />awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and <br />associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and <br />200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open <br />competition" and forbidding practices "restrictive ofcompetition," such as "[p]lacing unreasonable requirements on <br />firms in order lor them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no <br />recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on <br />the basis ofsuch person or entity's status as an "associate ofthe federal govemment" (or on the basis ofsuch person or <br />entity's status as a parent, aff,rliate, or subsidiary ofsuch an associate), except as expressly set out in 2 C.F.R. <br />200.3 l9(a) or as specifically authorized by USDOJ. <br />2. Monitoring <br />The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. <br />3. Allowable costs <br />To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the <br />reasonable, necessary, and allocable costs (ifany) ofactions designed to enstre compliance with this condition. <br />4. Rules of construction <br />A. The term "associate ofthe federal government" means any person or entity engaged or employed (in the past or at <br />present) by or on behalfofthe federal govenrment -- as an employee, contractor or subcontractor (at any tier), grant <br />recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on <br />behalfof(or in providing goods or services to oron behalfof) the federal govenrmsnt, and includes any applicant for <br />such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, <br />project, or activity (or to provide such goods or services) in future. <br />B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or <br />any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. <br />oJP FORM 4000/2 (REV. 4-88)