State Agency Certification

(1) The head of any State Agency contracting with a Contracting Party that is not an entity of the State shall determine and indicate, by signing the contract or authorizing the issuance of a purchase order: (a) The goods or services are in fact needed; (b) The goods or services cannot be satisfactorily or efficiently provided by the State; (c) Funds have been appropriated to meet the resulting financial obligations of the State for the goods or services, and the Procuring Agency has a sufficient balance of funds available in its budget, not otherwise obligated, encumbered, or committed, to meet the obligation; and (d) The Contracting Party has the legal capacity to enter into a contract with the State and doing so will not contravene applicable State or federal law.