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d. Geographic Restrictions. The Contractor agrees that it will not use any State <br />or local geographic preference, except State or focal geographic preferences expressly <br />mandated or as permitted by the Department. <br />e. Department Pre-award Approval. The Contractor agrees to submit <br />procurement documents to the Department for its review and approval prior to award of a <br />contract/subcontract under this Agreement for any of the following: <br />(1) Any "brand name" product or sole source purchase equal to or greater <br />than $2,500; <br />(2) Any contract/subcontract to other than apparent lowest bidder equal to <br />or greater than $2,500; <br />(3) Any procurement equal to or greater than $90,000; <br />(4) Any contract modification that would change the scope of a contract or <br />increase the contract amount up to or over the formal (sealed) bid threshold of $90,000. <br />f. Project Approval/Third Party Contract Approval. Except to the extent the <br />Department determines otherwise in writing, the Contractor agrees that the Department's award <br />of State assistance for the Project does not, by itself, constitute pre-approval of any non- <br />competitive third party contract associated with the Project. <br />g. Preference for Recycled Products. To the extent applicable, the Contractor <br />agrees to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for <br />Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 <br />of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with <br />subsequent Federal regulations that may be promulgated. Accordingly, the Contractor agrees <br />to provide a competitive preference for products and services that conserve natural resources, <br />protect the environment, and are energy efficient. <br />h. Clean Air and Clean Water. The Contractor agrees to include in each third <br />party contract and subagreement exceeding $100,000 adequate provisions to ensure that each <br />Project 07-US-056 Page 30 of 49 <br />Orange County <br />