CONTRACTING FOR GOODS AND SERVICES. RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
CONTRACTING FOR GOODS AND SERVICES. RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's
CONTRACTING FOR GOODS AND SERVICES. Subject to the current budget approved by the Association, or as otherwise approved by the Executive Board, the Manager will solicit and negotiate contracts for goods and services required by the Association. Unless otherwise provided in this Agreement or directed by the Executive Board, for any contract expected to cost more than $2,000.00, the Manager shall take reasonable steps to obtain at least three bids in writing. The Manager shall submit these bids, together with its analysis and recommendations, to the Executive Board for approval. All contracts for more than $1,000.00 shall be executed by the President of the Association or by such other Officer as may be authorized by resolution of the Executive Board. In an emergency, involving manifest danger to life or property, immediate threat to the safety of occupants of the Common Interest Community, or which is required to avoid the suspension of any necessary service to the Common Interest Community, contracts may be made by the Manager, irrespective of the cost limitation imposed by this Section. If at all possible, however, the Manager shall confer with the Executive Board, or such Officers can be contacted regarding such emergency. All contracts shall be made in the name of the association. When soliciting bids or entering into contracts, the Manager shall secure for and credit to the Association any discounts, commissions or rebates obtainable as result of such purchases. Any discounts, rebates, commissions or other consideration received by the Manager on account of any goods or services furnished to the Association or to a unit owner or owners shall, except where prohibited by applicable law, ordinance or regulation, be credited to the Association or to the unit owner or owners as appropriate and not retained by the Manager. COMMENT: This Section meets the requirements of Subsection 20-458(a)(3) of the Manager Registration Act that the management contract set a dollar limit on the manager’s contracting authority and reiterates the provisions of Subsection 20-459(c) concerning discounts and commissions. The Act does not set the limit, but only requires that there be one. The bidding provisions of this Section and Section 4.10 embody the concept that competitive bidding is often, but not always, in the association’s interest. The threshold amounts for competitive bidding and for execution of contracts by an officer of the association are not fixed and should be set at a level appropriate to the si...
