3-Attachment F USDA NRCS Supplemental Terms.pdf

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Attached to
DSR 48-14-24-5118-002 Debris Removal from Streambank and Shoreline Along Oyster Creek and Bastrop Bayou
Solicitation number
26-13
Issued by
Brazoria County, Texas

About this file

This is a Supplemental Federal Terms attachment for a debris removal contract between Brazoria County, Texas and a contractor, with funding provided by the United States Department of Agriculture Natural Resources Conservation Service (USDA/NRCS) under Cooperative Agreement No. NR257442XXXXC005. The project involves the cleanup and removal of storm-generated debris from the streambank and shoreline along Oyster Creek and Bastrop Bayou in Brazoria County, including trees, logs, brush, tops, blockages, rubbish, and other debris deposited as a result of Hurricane Beryl. The contract is subject to NRCS program requirements and applicable environmental, technical, and administrative standards outlined in the NRCS Cooperative Agreement.

The contractor must comply with all applicable federal civil rights laws and regulations, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and USDA civil rights regulations at 7 CFR Parts 15, 15b, and 16. The contractor is required to ensure meaningful access to services for individuals with limited English proficiency and persons with disabilities. All federal procurement requirements under 2 CFR Part 200 apply, and the contractor must maintain access to all project records for audit and examination by Brazoria County, USDA, NRCS, the USDA Office of Inspector General, and the Comptroller General of the United States. Records must be retained for at least three years after final payment or until all audit findings are resolved. Davis-Bacon Act requirements are not applicable to this project based on current NRCS program guidance. All federal requirements must be flowed down to any subcontractors, and the contractor is responsible for ensuring full compliance throughout the project.

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ATTACHMENT F – SUPPLEMENTAL FEDERAL TERMS (USDA/NRCS)

1. APPLICABILITY

These Supplemental Federal Terms apply to this solicitation and any resulting contract to the extent that funding is provided in whole or in part by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) under Cooperative Agreement No. NR257442XXXXC005. In the event of a conflict between these Supplemental Federal

Terms and any other provision of the solicitation or contract, these Supplemental Federal Terms shall control solely to the extent necessary to maintain compliance with applicable federal requirements.

2. USDA NONDISCRIMINATION STATEMENT (PROGRAM-LEVEL)

The USDA Non-Discrimination Statement is incorporated herein by reference. The Contractor shall comply with all applicable USDA civil rights requirements and shall include this provision in all subcontracts.

3. CIVIL RIGHTS COMPLIANCE

The Contractor shall comply with all applicable Federal civil rights laws, regulations, and policies, including but not limited to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of

1975, and USDA civil rights regulations at 7 CFR Parts 15, 15b, and 16. The Contractor shall ensure that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity funded under this contract.

4. LIMITED ENGLISH PROFICIENCY AND ACCESSIBILITY

The Contractor shall take reasonable steps to ensure meaningful access to services for individuals with limited English proficiency and for persons with disabilities, including providing auxiliary aids and services where necessary.

5. PROCUREMENT COMPLIANCE (2 CFR PART 200)

The Contractor acknowledges that this contract is funded in part with Federal financial assistance and agrees to comply with all applicable requirements of 2 CFR Part 200, including Appendix II. The Contractor shall ensure that all applicable federal contract provisions are included in all subcontracts.

6. ACCESS TO RECORDS

The Contractor agrees to provide access to any books, documents, papers, and records related to this contract to Brazoria

County, USDA, NRCS, the USDA Office of Inspector General, the Comptroller General of the United States, and their authorized representatives for the purpose of audit, examination, and transcription.

7. RECORD RETENTION

The Contractor shall retain all records related to this contract for a period of at least three (3) years after final payment or until all audit findings are resolved, whichever is later.

8. COMPLIANCE WITH NRCS AGREEMENT

The Contractor acknowledges that this project is subject to the terms and conditions of the NRCS Cooperative Agreement and agrees to perform all work in a manner consistent with those requirements, including applicable environmental, technical, and administrative standards.

9. SUBCONTRACTOR FLOW-DOWN

The Contractor shall include all applicable federal requirements contained herein in any subcontract or lower-tier agreement and shall be responsible for ensuring compliance by all subcontractors.

10. DAVIS-BACON ACT APPLICABILITY

Davis-Bacon Act requirements shall apply only if specifically required by the applicable Federal funding source. Based on current NRCS program guidance, Davis-Bacon requirements are not applicable to this project unless otherwise directed.

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