3-Attachment 2 Federal Terms and Conditions.pdf

Attachment 2 - Federal T&Cs

Attachment 2 Federal Terms and Conditions

1. Compliance with Law

The Contractor must comply with all state and federal laws, rules, regulations, requirements and guidelines applicable to Contractor while: (1) performing its obligations hereunder and to assure with respect to its performances hereunder that the OAG is carrying out the program of child support enforcement pursuant to Title IV, Part D of the federal Social Security Act of 1935 as amended; (2) providing services to the OAG as these laws, rules, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Contract. The OAG reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term to incorporate any modifications necessary for the Parties' compliance with all applicable state and federal laws, rules, regulations, requirements and guidelines.

2. Equal Employment Opportunity

The Contractor agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds available under the Agreement. The Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity” as amended by Executive Order 11375, “Amending Executive Order 11246 relating to Equal Employment Opportunity”, and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Agreement Compliance Programs, Equal Employment Opportunity Department of Labor”. The Contractor shall ensure that all sub agreements/subcontracts comply with the above referenced provisions.

3. Americans with Disabilities Act

Respondent represents and warrants its compliance with the requirements of the Americans with Disabilities Act and its implementing regulations, as each may be amended.

4. Certification Regarding Debarment, Suspension, Ineligibility, and Exclusion from Participation in Contracts

The Contractor certifies by entering into the Contract, that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in this transaction by any federal department or agency. The certification requirement of this provision shall be included in all subcontracts.

5. Records Retention and Inspection

The Contractor shall retain all financial records, supporting documents, statistical records, and any other records, documents, papers, or books (collectively referred to as records) relating to the performances called for in the Contract. The Contractor shall retain all such records for a period of seven (7) years after the expiration of the term of the Contract, or until the OAG or the United States are satisfied that all audit, claim, negotiation, and litigation matters are resolved, whichever period is longer. The Contractor shall grant access to all such records to the OAG, the State Auditor of Texas, the United States Department of

Attachment 2 - Federal T&Cs

Attachment 2 Federal Terms and Conditions

Health and Human Services, and the Comptroller General of the United States (or any of their duly authorized representatives) for the purposes of inspecting, auditing, or copying such records. The requirements of this provision shall be included in all subcontracts.

6. Environmental Protection

The Contractor shall be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h)) Section 508 of the Clean Water Act (33 USC 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The requirements of this provision shall be included in all subcontracts that exceed $150,000.

7. Copyrights and Publications

The Contractor understands and agrees that where activities supported by this Contract produce original books, manuals, films, or other original material (hereinafter referred to as “the works”), the Contractor may copyright the works subject to the reservation by the OAG and/or the United States Department of Health and Human Services, Administration for Children and Families of a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for State and/or Federal Government purposes:

• The copyright in the works developed under this Contract

• Any rights of copyright to which the Contractor purchases ownership with funding from this Contract

The Contractor may publish, at its expense, the results of Contract performance with prior OAG review and approval of that publication. Any publication (written, visual, or sound) shall include acknowledgment of the support received from the OAG and the United States Department of Health and Human Services, Administration for Children and Families. One (1) copy of any such publication must be provided to the OAG. The OAG reserves the right to require additional copies before or after the initial review. All copies shall be provided free of charge.

8. Certain Disclosures Concerning Lobbying

The Contractor shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act of 1989, also known as the Byrd Anti-Lobbying Amendment (31 U.S. Code 1352), and the regulations of the United States Department of Health and Human Services promulgated pursuant to said law and shall make all disclosures and certifications as required by law. The Contractor must submit with its Response Form F, Certification Regarding Lobbying included with this solicitation. This certification certifies that the Contractor will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant, or any other award covered by 31 U.S.C. 1352. It also certifies that the Contractor will disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by completing and submitting Standard Form

LLL,

Attachment 2 Federal Terms and Conditions

Disclosure of Lobbying Activities. The requirements of this provision shall be included in all subcontracts exceeding $100,000.