4-Appendix 3 - Other Federal Provisions.pdf

Other Federal Provisions All Vendors (contractors and subcontractors) shall be in compliance with the following applicable Federal provisions:

1. Intangible Property 2 CFR § 200.315: All contracts paid from State or Federal grants must retain copyright for the State and Federal government (if a federally funded contract) unless otherwise nego�ated in wri�ng with the State and Federal government. Pursuant to the provisions in 2 CFR § 200.315, �tle to intangible property vets in the district, as long as such property is used for authorized purposes. However, the State and Federal awarding agency reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes when authorized to do so.

2. Contracts more than $150,000 , the simplified acquisi�on threshold, which is the infla�on adjusted amount determined by the Civilian Agency Acquisi�on Council and the Defense Acquisi�on Regula�ons Council (Councils) as authorized by 41 U.S.C. 1908, must address administra�ve, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanc�ons and penal�es as appropriate.

3. All contracts in excess of $10,000 must address termina�on for cause and for convenience including the manner by which it will be effected and the basis for se�lement.

4. All contracts awarded in excess of $10,000 by school districts and their contractors or sub grantees shall contain a provision requiring compliance with execu�ve order 11246, en�tled " Equal Employment Opportunity ", as amended by execu�ve order 11375, and as supplemented in Department of Labor Regula�ons (41 CFR Part 60).

5. Davis-Bacon Act , as amended (40 U.S.C. 3141-3148). When required by Federal program legisla�on, all prime construc�on contracts in excess of $2,000 must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regula�ons (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construc�on”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determina�on made by the Secretary of Labor. In addi�on, contractors must be required to pay wages not less than once a week. The non-Federal en�ty must place a copy of the current prevailing wage determina�on issued by the Department of Labor in each solicita�on. The decision to award a contract or subcontract must be condi�oned upon the acceptance of the wage determina�on. The en�ty must report all suspected or reported viola�ons to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “An�-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regula�ons (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construc�on, comple�on, or repair of public work, to give up any part of the compensa�on to which he or she is otherwise en�tled. The en�ty must report all suspected or reported viola�ons to the Federal awarding agency.

6. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regula�ons (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half �mes the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construc�on work and provide that no laborer or mechanic must be required to work in surroundings or under working condi�ons which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or ar�cles ordinarily available on the open market, or contracts for transporta�on or transmission of intelligence.

7. Rights to Inven�ons Made Under a Contract or Agreement. If the Federal award meets the defini�on of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organiza�on regarding the subs�tu�on of par�es, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inven�ons Made by Nonprofit Organiza�ons and Small Business Firms Under Government Grants, Contracts and Coopera�ve Agreements,” and any implemen�ng regula�ons issued by the awarding agency.

8. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollu�on Control Act (33 U.S.C.

1251-1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the award to agree to comply with all applicable standards, orders or regula�ons issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollu�on Control Act as amended (33 U.S.C. 1251-1387). Viola�ons must be reported to the Federal awarding agency and the Regional Office of the Environmental Protec�on Agency (EPA).

9. Compliance with Energy Policy and Conserva�on Act: When Federal funds are expended by the district for any contract resul�ng from this procurement process, the vendor cer�fies, that the vendor will be in compliance with mandatory standards and policies rela�ng to energy efficiency which are contained in the state agency conserva�on plan issued in compliance with the Energy Policy and Conserva�on Act (42 U.S.C. 6201).

10. Debarment and Suspension (Execu�ve Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to par�es listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Execu�ve Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of par�es debarred, suspended, or otherwise excluded by agencies, as well as par�es declared ineligible under statutory or regulatory authority other than Execu�ve Order 12549. Excluded Par�es can be reviewed at www.sam.gov .

11. Lobbying Cer�fica�on and Disclosure of Lobbying ( Byrd An�-Lobbying Amendment (31 U.S.C.

1352)): All contractors that apply or bid for an award of $100,000 or more must file the required Lobbying Cer�fica�on that it has not and will not use any Federal funds to pay any person or organiza�on for influencing or a�emp�ng to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connec�on with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. If non -Federal funds are used to lobby, the contractor must complete the Disclosure of http://www.sam.gov/

Lobbying to disclose any lobbying with non-Federal funds that takes place in connec�on with obtaining any Federal award and forward the disclosure to the next �er, who must forward it through each �er to the Federal awarding agency.

12. Procurement of Recovered Materials 2 CFR § 200.322. A non-Federal en�ty that is a state agency or agency of a poli�cal subdivision of a state and its contractors must comply with sec�on 6002 of the Solid Waste Disposal Act , as amended by the Resource Conserva�on and Recovery Act. The requirements of Sec�on 6002 include procuring only items designated in guidelines of the Environmental Protec�on Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials prac�cable, consistent with maintaining a sa�sfactory level of compe��on, where the purchase price of the item exceeds $10,000 or the value of the quan�ty acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirma�ve procurement program for procurement of recovered materials iden�fied in the EPA guidelines.

13. Profit as a Separate Element of Price: For purchases using Federal funds in excess of $150,000, the non-Federal en�ty must nego�ate profit as separate element of the price for each contract in which there is no price compe��on and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, considera�on must be given to the complexity of the work to be performed, the rich borne by the contractor, the contractor’s investment, the amount of subcontrac�ng, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. See, 2 CFR 200.323(b).

14. Copeland “an�-kickback” Act (29 CFR, Part 3) regula�ons under sec�on 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). Applies to any contract which is subject to Federal wage standards and which is for the construc�on, prosecu�on, comple�on, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. Intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally assisted construc�on that contain similar minimum wage provisions, including those provisions which are not subject to Reorganiza�on Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollu�on Control Act, and the Housing Act of 1959), and in the enforcement of the over�me provisions of the Contract Work Hours Standards Act whenever they are applicable to construc�on work. The Act details the obliga�on of contractors and subcontractors rela�ve to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deduc�ons from the wages of those employed on such work; and delineates the methods of payment permissible on such work.

15. Employment Verifica�on: U.S. law (FAR 22.18) requires, as applicable, a condi�on for the award of any Federal contract at $150,000 or greater, for Vendor to cer�fy they are enrolled in, and is currently par�cipa�ng in, E-Verify or any other equivalent electronic verifica�on of work authoriza�on program operated by the U.S. Department of Homeland Security and does not knowingly employ any person who is an unauthorized alien in conjunc�on with the contracted services. A breach in compliance with immigra�on laws and regula�ons shall be deemed a material breach of the contract and may be subject to penal�es up to and including termina�on of the contract.

16. Access by the the district, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representa�ves to any books, documents, papers, and records of the contractor which are directly per�nent to that specific contract for the purpose of making audit, examina�on, excerpts, and transcrip�ons.