Contracting and Procurement Procedures.
a. Contractor’s Obligations to Subcontractors
1) The Recipient is responsible for handling all contractual and administrative issues arising out of or related to any subcontracts it enters into for the performance of this Agreement.
2) Nothing contained in this Agreement or otherwise creates any contractual relation between the Commission and any subcontractors, and no subcontract may relieve the Recipient of its responsibilities under this Agreement. The Recipient agrees to be as fully responsible to the Commission for the acts and omissions of its subcontractors or persons directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Recipient. The Recipient’s obligation to pay its subcontractors is an independent obligation from the Commission’s obligation to make payments to the Recipient. As a result, the Commission has no obligation to pay or enforce the payment of any funds to any subcontractor.
3) The Recipient is responsible for establishing and maintaining contractual agreements with and reimbursing each subcontractor for work performed in accordance with the terms of this Agreement.
b. Flow-Down Provisions Subcontracts funded in whole or in part by this Agreement must include language conforming to the provisions below, unless the subcontracts are entered into by the University of California (UC) or the U.S. Department of Energy (DOE) national laboratories. UC may use the terms and conditions negotiated by the Energy Commission with UC for its subcontracts. DOE national laboratories may use the terms and conditions negotiated with DOE (please contact the Commission Grants Officer for these terms). • Standard of Performance (Section 3) • Legal Statements on Products (included in Section 5, “Products”) • Prevailing Wage (Section 10) • Recordkeeping, Cost Accounting, and Auditing (Section 11) • Equipment (Section 14) • Indemnification (Section 17) • Intellectual Property (Section 20) • Access to Sites and Records (included in Section 22, “General Provisions”) • Nondiscrimination (included in Section 23, “Certifications and Compliance”) • Survival of the following sections: o Equipment (Section 14) o Recordkeeping, Cost Accounting, and Auditing (Section 11) o Intellectual Property (Section 20) o Access to Sites and Records (included in Section 22, “General Provisions”) Subcontracts funded in whole or in part by this Agreement must also include the following: • A clear and accurate descriptio...
Contracting and Procurement Procedures
