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EXHIBIT B <br />THIRD PARTY PROCUREMENT PROCEDURES <br />1. BACKGROUND <br />The purpose of the 3rd Party Procurement Review procedure is to establish standards and <br />guidelines for the (KTB) to evaluate the potential risks and oversight responsibilities for our <br />subgrantees who will procure goods and services through Third Party Contracts, in <br />accordance with 2 CFR Part 200.317-326.' <br />The implementation of the procedure outlined below should act to: <br />• Demonstrate compliance with grant requirements; <br />• Minimize KTB's exposure to legal and compliance issues, including subsequent financial <br />loss; <br />• Identify the various levels of procurement scrutiny by our federal partners associated with <br />different partners, agencies, and firms; <br />• Identify the level of review needed to ensure compliance with regulations; and, <br />• Ensure fair, open, competitive opportunities for all parties involved in procurements. <br />2. PROCEDURE <br />Compliance with Federal Regulations <br />Subgrantees shall comply with applicable federal, State and local laws and regulations, and <br />conform to the standards set forth in 2 CFR Part 200 or applicable governing standards <br />published by the awarding agency. These guidelines apply to purchases for contractual <br />services, commodities, and equipment funded with federal and State funds. <br />Use of Lower -Tier Subgrantees <br />If the provisions of a KTB agreement allow a lower -tier subgrantee to manage and administer <br />KTB supported projects, the lower -tier subgrantee must also comply with applicable federal, <br />State, and local laws, and all guidelines established by the applicable funding agency. <br />Conflict of Interest <br />There can be no conflict of interest, real or apparent, in the award or administration of a <br />contract supported by federal funds. The subgrantee shall maintain a written code or <br />standards of conduct which shall govern the performance of their officers, employees, or <br />agents engaged in the award and administration of contracts supported by federal funds. <br />Open and Fair Competition <br />All procurement transactions shall be conducted in a manner that provides maximum open <br />and fair competition consistent with 2 CFR Part 200 or applicable federal law. Procurement <br />procedures shall not restrict or eliminate competition. Examples of what is considered to be <br />restrictive of competition include, but are not limited to, the following: <br />• Placing unreasonable requirements on firms/service providers/vendors/consultants in <br />order for them to qualify to do business; <br />• Placing geographical preferences in the evaluation of bids or proposals; <br />• Noncompetitive practices between firms/service providers; <br />• Organization conflicts of interest; <br />• Requiring unnecessary experience and excessive bonding requirements; and, <br />Any arbitrary action in the procurement process. <br />'UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL <br />GOVERNMENTS; Cost Principles and Audit Requirements for Federal Awards <br />Memorandum of Understanding <br />