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<br />Page 31 of 44 <br /> <br />32. Prevailing Wage Law <br />The Subrecipient certifies that all contractors and subcontractors performing work on the Project shall <br />comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project <br />funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing <br />Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Subrecipient shall maintain <br />records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available <br />for COMMERCE’s review upon request. <br /> <br />33. Procurement Standards for Federally Funded Programs <br />All Subrecipients must establish procurement policies and procedures in accordance with 2 CFR Part 200, <br />for all purchases funded by this Contract. <br />The Subrecipient’s procurement system should include at least the following: <br />• A code or standard of conduct that shall govern the performance of its officers, employees, or <br />agents engaged in the awarding of contracts using federal funds. <br />• Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to <br />the maximum extent practical, open and free competition. <br />• Minimum procedural requirements, as follows: <br />i. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative <br />items. <br />ii. Solicitations shall be based upon a clear and accurate description of the technical <br />requirements of the procured items. <br />iii. Positive efforts shall be made to use small and minority-owned businesses. <br />iv. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by <br />the Subrecipient, but must be appropriate for the particular procurement and for promoting <br />the best interest of the program involved. <br />v. Contracts shall be made only with reasonable subcontractors who possess the potential <br />ability to perform successfully under the terms and conditions of the proposed <br />procurement. <br />vi. Some form of price or cost analysis should be performed in connection with every <br />procurement action. <br />vii. Procurement records and files for purchases shall include all of the following: <br />viii. Subrecipient selection or rejection. <br />ix. The basis for the cost or price. <br />x. Justification for lack of competitive bids if offers are not obtained. <br />• A system for contract administration to ensure Subrecipient conformance with terms, conditions <br />and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. <br />Subrecipient and Subcontractor must receive prior approval from COMMERCE for using funds from this <br />Contract to enter into a sole source contract or a contract where only one bid or proposal is received when <br />value of this Contract is expected to exceed $5,000. <br />Prior approval requests shall include a copy of proposed contracts and any related procurement documents <br />and justification for non-competitive procurement, if applicable. <br /> <br />34. Prohibition Against Payment of Bonus or Commission <br />The funds provided under this Contract 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 under