Common use of PIGGYBACKING Clause in Contracts

PIGGYBACKING. The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub- Recipient’s written procurement policy shall be submitted to the Division and shall allow for piggybacking. The existing contract shall contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor’s consent. The terms and conditions of the new contract, including the Scope of Work, shall be substantially the same as those of the existing contract and approved by the Division. The piggyback contract shall not exceed the existing contract in scope or volume of goods or services. A Sub-Recipient shall not use the preexisting contract merely as a “basis to begin negotiations” for a broader or materially different contract. Statutory changes enacted by the Legislature impose additional requirements on grant and Sub- Recipient agreements funded with federal or state financial assistance. Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as those terms are defined in section215.97, Florida Statutes, or that provides federal financial assistance to a Sub-Recipient, as defined by applicable United States Office of Management and Budget circulars, shall include all of the following: ● A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. ● A provision dividing the agreement into quantifiable units of deliverables that shall be received and accepted in writing by the agency before payment. Each deliverable shall be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. ● A provision specifying the financial consequences that apply if the Recipient or Sub- Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. ● A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. ● A provision specifying that any balance of unobligated funds which has been advanced or paid shall be refunded to the state agency. ● A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement shall be refunded to the state agency. ● Any additional information required pursuant to s. 215.97.

PIGGYBACKING. The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub- Recipient’s written procurement policy shall must be submitted to the Division SAA and shall must allow for piggybacking. The existing contract shall must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor’s consent. The terms and conditions of the new contract, including the Scope of Work, shall must be substantially the same as those of the existing contract and approved by the Division. The piggyback contract shall may not exceed the existing contract in scope or volume of goods or services. A Sub-Recipient shall may not use the preexisting contract merely as a “basis to begin negotiations” for a broader or materially different contract. Statutory changes enacted by the Legislature impose additional requirements on grant and Sub- Recipient agreements funded with federal Federal or state State financial assistance. In pertinent part, Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as those terms are defined in section215.97, Florida Statutess. 215.97, or that provides federal financial assistance to a Sub-Sub- Recipient, as defined by applicable United States Office of Management and Budget circulars, shall must include all of the following: ● A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. ● A provision dividing the agreement into quantifiable units of deliverables that shall must be received and accepted in writing by the agency before payment. Each deliverable shall must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. ● A provision specifying the financial consequences that apply if the Recipient or Sub- Sub-Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Sub- Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. ● A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. ● A provision specifying that any balance of unobligated funds which has been advanced or paid shall must be refunded to the state agency. ● A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement shall must be refunded to the state agency. ● Any additional information required pursuant to s. 215.97.

PIGGYBACKING. The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub- RecipientSubrecipient’s written procurement policy shall must be submitted to the Division SAA and shall must allow for piggybacking. The existing contract shall must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor’s consent. The terms and conditions of the new contract, including the Scope of Work, shall must be substantially the same as those of the existing contract and approved by the Divisioncontract. The piggyback contract shall may not exceed the existing contract in scope or volume of goods or services. A Sub-Recipient shall An agency may not use the preexisting contract merely as a “basis to begin negotiations” for a broader or materially different contract. Statutory changes enacted by the Legislature impose additional requirements on grant and Sub- Recipient agreements funded with federal Federal or state State financial assistance. In pertinent part, Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as those terms are defined in section215.97, Florida Statutess. 215.97, or that provides federal financial assistance to a Sub-Sub- Recipient, as defined by applicable United States Office of Management and Budget circulars, shall must include all of the following: ● A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. ● A provision dividing the agreement into quantifiable units of deliverables that shall must be received and accepted in writing by the agency before payment. Each deliverable shall must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. ● A provision specifying the financial consequences that apply if the Recipient or Sub- Sub-Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Sub- Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. ● A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. ● A provision specifying that any balance of unobligated funds which has been advanced or paid shall must be refunded to the state agency. ● A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement shall must be refunded to the state agency. ● Any additional information required pursuant to s. 215.97.