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California Department of Public Health - Special Terms and Conditions Exhibit D(F) <br /> equipment purchased through CDPH's Purchasing Unit. The cost of equipment purchased by or <br /> through CDPH shall be deducted from the funds available in this Agreement. Contractor shall submit <br /> to the CDPH Program Contract Manager a list of equipment specifications for those items that the <br /> State must procure. The State may pay the vendor directly for such arranged equipment purchases <br /> and title to the equipment will remain with CDPH. The equipment will be delivered to the Contractor's <br /> address, as stated on the face of the Agreement, unless the Contractor notifies the CDPH Program <br /> Contract Manager, in writing, of an alternate delivery address. <br /> (2) All equipment purchases are subject to Paragraphs d through h of Provision 3. Paragraph b of <br /> Provision 3 shall also apply, if equipment purchases are delegated to subcontractors that are either a <br /> government or public entity. <br /> (3) Nonproft organizations and commercial businesses, shall use a procurement system that meets the <br /> following standards: <br /> (a) Maintain a code or standard of conduct that shall govern the performance of its officers, <br /> employees, or agents engaged irt awarding procurement contracts. No employee, offcer; or <br /> agent shall participate in the selection, award, or administration of a procurement, or bid contract <br /> in which, to his or her knowtedge, he or she has a financial interest. <br /> (b) Procurements shall be conducted in a manner that provides, to the maximum extent practical, <br /> open, and free competition. <br /> (c) Procurements shall be conducted in a manner that provides for all of the following: <br /> [1] Avoid purchasing unnecessary or duplicate items. <br /> [2] Equipment solicitations shall be based upon a clear and accurate description of the technical <br /> requirements of the goods to be procured. <br /> [3] Take positive steps to utilize small and veteran owned businesses. <br /> d. Unless waived or otherwise stipulated in writing by CDPH, prior written authorization from the appropriate <br /> CDPH Program Contract Manager will be required before the Contractor will be reimbursed for any <br /> purchase of $5,000 or more for commodities, supplies, equipment, and services related to such <br /> purchases. The Contractor must provide in its request for authorization all particulars necessary, as <br /> specified by CDPH, for evaluating the necessity or desirability of incurring such costs. The term <br /> "purchase" excludes the purchase of services from a subcontractor and public utility services at rates <br /> established for uniform applicability to the general public. <br /> e. In special circumstances, determined by CDPH (e.g., when CDPH has a need to monitor certain <br /> purchases, etc.), CDPH may require prior written authorization and/or the submission of paid vendor <br /> receipts for any purchase, regardless of dollar amount. CDPH reserves the right to either deny claims for <br /> reimbursement or to request repayment for any Contractor and/or subcontractor purchase that CDPH <br /> determines to be unnecessary in carrying out performance under this Agreement: <br /> f. The Contractor and/or subcontractor must maintain a copy or narrative description of the procurement <br /> system, guidelines, rules, or regulations that will be used to make purchases under this Agreement. The <br /> State reserves the right to request a copy of these documents and to inspect the purchasing practices of <br /> the Contractor and/or subcontractor at any time. <br /> g. For all purchases, the Contractor and/or subcontractor must maintain copies of all paid vendor invoices, <br /> documents, bids and other information used in vendor selection, for inspection or audit. Justifications <br /> supporting the absence of bidding (i.e., sole source purchases) shall also be maintained on file by the <br /> Contractor and/or subcontractor for inspection or audit. <br /> h. CDPH may, with cause (e.g., with reasonable suspicion of ur�necessary purchases or use of inappropriate <br /> purchase practices, etc.), withhold, cancel, modify, or retract the delegated purchase authority granted <br /> under Paragraphs b and/or c of Provision 3 by giving the Contractor no less than 30 calendar days written <br /> notice. <br /> CDPH Exhibit D(F) (SI70) � Page 4 of 25 <br />