6-F. FEDERAL PROVISIONS - ALL OTHERS.pdf

SUPPLEMENTAL CONTRACT PROVISIONS

FEDERAL PROVISIONS

Within these Federal Contract Provisions, the successful Offeror is referred to as Contractor.

On a case-by-case basis, Contractors with Pasco County may be subject to Federal Grant Provisions found under 2 CFR 200 and its Appendix, as well as other federal grant funding statutes. Contractors shall be able to comply with those federal provisions if funding is from a federal source.

Compliance and Monitoring The COUNTY shall monitor the performance of the CONTRACTOR against goals and performance standards as required herein. Substandard performance, as determined by the COUNTY, in its sole and absolute discretion, shall constitute noncompliance of a resulting Agreement. If such substandard performance is not corrected by the CONTRACTOR within thirty (30) days after being notified by the COUNTY, contract suspension or termination procedures may be initiated and enforced in accordance with regulations set forth in 2 CFR Part 200, Subpart D, and herein.

In addition to the COUNTY’s procurement procedures, CONTRACTOR shall comply with 24 CFR § 570.502 and applicable Federal law and standards identified in 2 CFR Part 200, Subpart D (§§ 200.318 – 200.326). All procurement transactions shall be conducted in a manner to provide to the maximum extent practical, open, and free competition. Qualification-based procurements, requests for proposals, bid packages, and advertisements shall be subject to COUNTY review and approval before being published.

Uniform Administrative Requirements The CONTRACTOR shall comply with 24 CFR § 570.502, § 570.503, and § 570.610, and adhere to accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The CONTRACTOR shall administer the Project in conformance with 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, as amended, and in accordance with 24 CFR § 570.502, as appropriate, to ensure substantial adherence to the applicable accounting principles and procedures required therein, utilization of adequate internal controls, and the maintenance of necessary source documentation for all costs incurred.

Suspension and debarment (2 CFR § 200.214) Contractors with Pasco County are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

Domestic preferences for procurements (2 CFR § 200.322)

(a) As appropriate and to the extent consistent with law, Pasco County should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (2 CFR § 200.321)

(a) Contractors will take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

Compliance with Copeland “Anti-Kickback” Act

(a) CONTRACTOR. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

(b) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate instructions may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(c) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.

§ 5.12.

Records The CONTRACTOR including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under a resulting Agreement, shall allow access to its records at reasonable times to representatives of Department of Economic Opportunity (DEO), the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives.

“Reasonable” shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.

The CONTRACTOR shall include the aforementioned recordkeeping requirements in all approved contracts, subcontracts, and assignments.

Hatch Act (5 U.S.C. § 1501, et seq.) / Byrd Amendment (31 U.S.C. § 1352) The CONTRACTOR agrees that no funds provided, nor personnel employed under a resulting Agreement, shall be in any way or any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. The CONTRACTOR shall not use any portion of the Project Budget or personnel employed to carry out a resulting Agreement for political activities, inherently religious activities, lobbying, political patronage, or nepotism activities.

Federal Conflict of Interest Provisions The CONTRACTOR shall abide by the provisions of 24 CFR § 570.611 and 2 CFR § 200.112. The CONTRACTOR shall maintain no present or future financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under a resulting Agreement as indicated in 2 CFR § 200.318. The CONTRACTOR further covenants that in the performance of a resulting Agreement, no person having such a financial interest shall be employed or retained by the CONTRACTOR hereunder. These conflict-of-interest provisions apply to any person who is a person, agent, consultant, officer, elected official or appointed official of the County, or of any designated public agencies or developers that are receiving funds under the CDBG Program.

Lobbying Prohibition (31 U.S.C. § 1352)

(a) No funds or other resources received under a resulting Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.

(b) The CONTRACTOR certifies, by its signature to its response to this solicitation, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the

CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the CONTRACTOR shall complete and submit Standard Form

- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

3. CONTRACTOR shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this paragraph above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

Employment Eligibility Verification

(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require the CONTRACTOR to:

1. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient during the Agreement term; and,

2. Include in all contracts under this Agreement the requirement that contractors, subcontractors, and consultants performing work or providing services pursuant to this Agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, and consultants during the term of the contract.

(b) The Department of Homeland Security’s E-Verify system can be found at:

http://www.uscis.gov/e-verify

(c) If the CONTRACTOR does not have an E-Verify MOU in effect, the CONTRACTOR must enroll in the E-Verify system prior to hiring any new employee after the effective date of a resulting Agreement.

Audit Requirements

(a) In the event that the Contractor expends Seven-Hundred-Fifty-Thousand and 00/100 Dollars ($750,000.00) or more in Federal awards in its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, Audit Requirements, as revised. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the County. The determination of amounts of Federal awards expended must be in accordance with the guidelines established by 2 CFR § 200.502, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provision of 2 CFR Part 200, as revised, will meet the requirements of this part.

(b) In connection with the audit requirements addressed in Subsection (a) above, the

County shall:

1. verify that the Contractor has fulfilled the requirements relative to audit responsibilities as provided in 2 CFR Part 200, Subpart F, and that the required audit(s) are completed within nine (9) months of the end of the Contractor’s fiscal year;

2. issue a management decision on audit findings within six (6) months after receipt of the Contractor’s audit report; and

3. ensure that the Contractor takes timely and appropriate action on all audit findings. If the Contractor is unable or unwilling to have the required audits, the County shall take the appropriate action using sanctions as provided for in 2 CFR Part 200.

(c) In the event that the Contractor expends less than Seven-Hundred-Fifty-Thousand and

00/100 Dollars ($750,000.00) in Federal awards in its fiscal year, the Contractor is exempt from the Federal audit requirements for that year, but records must be http://www.uscis.gov/e-verify available for review or audit by HUD, the County, the Government Accountability Office, or their authorized representatives.

(d) If the Contractor is not subject to the audit requirements found at 2 CFR Part 200, Subpart F, a financial report in accordance with FAS Statement No. 117, Financial Statement of Not-for-Profit Organizations, as amended, shall be submitted to the County within 30 days after the end of its fiscal year.

(e) In addition to review of audits conducted in accordance with 2 CFR Part 200, Subpart F, or financial reports conducted in accordance with FAS Statement No. 117, the County shall monitor the performance of the Contractor as necessary to ensure that the subaward is used for authorized purposes, is in compliance with Federal statutes, regulations, and the terms and conditions of the subaward, and that the performance goals are achieved for the duration of the Agreement.

(f) Monitoring provides information for making informed judgment about program effectiveness and management efficiency, as well as identifying internal weaknesses that may contribute to fraud or abuse. The monitoring procedures established for the Contractor may include, but are not limited to, on-site visits by the County or HUD;

limited-scope audits as defined by 2 CFR Part 200, as revised; submittal and review of financial management statements as defined by FAS Statement No. 117, performance reports; and other procedures as determined necessary.

(g) By entering into a resulting Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the County and/or HUD. In the event the County or HUD determines that more than a limited-scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the County or HUD to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the County, Chief Financial Officer, or Auditor General.

(h) A copy of the audit or financial management report must be provided to the Purchasing

Department within thirty (30) days after receipt by the Contractor.

(i) This Article shall survive any termination, cancellation, or expiration of a resulting Agreement.

Civil Rights Provisions

(a) The CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964, as amended;

Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act of

1990, as amended; the Age Discrimination Act of 1975, as amended; Executive Order 11063, as amended; and Executive Order 11246, as amended.

(b) The CONTRACTOR shall comply with nondiscrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, Executive Order 13279, as amended, and all other applicable laws, rules, and regulations. The CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, gender, national origin, marital status, age, disability, sexual orientation, genetic information, or other protected category with regard to public assistance. The CONTRACTOR will take affirmative action to ensure that all employment practices prohibit such discrimination. Such employment practices include, but are not limited to, the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall post, in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(c) Rehabilitation Act of 1973, Section 504: The CONTRACTOR shall comply with Section

504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794, and 24 CFR Parts 8 and 9), as amended, which prohibits discrimination against individuals with disabilities in any federally assisted program. The County will provide the CONTRACTOR with assistance regarding guidelines necessary for compliance with that portion of the regulations during the term of this Agreement; however, it shall remain the CONTRACTOR’s responsibility to ensure compliance.

Equal Employment Opportunity Provisions (41 CFR § 60-1.4)

(a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(c) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.

(d) The CONTRACTOR agrees that it shall be committed to carry out its activities pursuant to the County's specifications and to the Affirmative Action program in keeping with principles as provided in the President's Executive Order 11246 of September 24, 1965, as amended. Such information shall be made available to the CDBG Program Administrator for review upon request.

(e) The CONTRACTOR will make every effort to afford women-owned and minority-owned business enterprises the maximum practical opportunity to participate in the performance of a resulting Agreement. The term "minority-owned and “women-owned business enterprise" means a business at least fifty one percent (51%) owned and controlled by minority group members or women. The CONTRACTOR may rely on written representations by subcontractors regarding their status as minority and women-owned business enterprises in lieu of an independent investigation.

(f) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(g) The CONTRACTOR will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(h) The CONTRACTOR will furnish all information and reports required by Executive Order

11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(i) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(j) In those instances where State funding is involved, the CONTRACTOR and its subcontractors will cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to section 20.055(5), Florida Statutes.

(k) The CONTRACTOR will include the provisions of paragraphs (a) through (k) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.

1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be affected, and the basis for settlement.

Procurement of recovered materials (2 CFR § 200.323) The CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity 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 affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) In compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) and under 40 U.S.C. § 3702 of the Act, each contractor must 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 times 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 construction work and no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) For contracts and subgrants of amounts in excess of $150,000 the non-Federal contractor shall agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations will be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency.

Labor Standards The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. §§ 3141-3148); the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701, et seq. and 48 CFR 22.403- 3); the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276, 327-333; 18 U.S.C. § 874, et seq. and 48 CFR 22.403-2); and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as such acts apply to the performance of a resulting Agreement. The CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this provision. Such documentation shall be made available to the County for review upon request.

The CONTRACTOR further agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all subcontractors engaged under contracts in excess of Two-Thousand and 00/100 Dollars ($2,000.00) for construction, renovation, or repair of any building, or work financed in whole or in part with assistance provided under a resulting Agreement, shall comply with Federal requirements adopted by the County pertaining to such Agreements. With the applicable requirements of the regulations of the United States Department of Labor under 29 CFR Parts 1, 3, 5, 6, and 7, governing the payment of wages and ratio of apprentices and trainees to journeymen provided, if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the CONTRACTOR of its obligation, if any, to require payment of the higher wage. The CONTRACTOR shall cause or require language to be inserted in full in all such contracts subject to such regulations and provisions, meeting the requirements of this article.

Appendix II to 2 CFR Part 200 – FEDERAL CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS

On a case-by-case basis, Contractors with Pasco County may be subject to Federal Grant Provisions found under 2 CFR 200 and its Appendix, as well as other federal grant funding statutes. Contractors shall be able to comply with those federal provisions if funding is from a federal source.

Within these Federal Contract Provisions, the successful Offeror is referred to as Contractor and contract means a contract resulting from this solicitation.

A. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

B. All contracts in excess of $10,000.00 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000.00 awarded by non-Federal entities 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 regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). 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 determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.govinfo.gov/link/uscode/40/3146 https://www.govinfo.gov/link/uscode/40/3141 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3141 must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (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 subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000.00 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 regulations (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 times 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 construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.govinfo.gov/link/uscode/40/3702 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.ecfr.gov/current/title-37/part-401 the awarding agency.

G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000.00 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

H. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties 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 Executive 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 parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting 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 connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

J. Procurement of recovered materials (2 CFR 200.323) - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000.00 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.00; procuring solid waste management services in a manner that maximizes energy and resource https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

K. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216) - Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(4) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

(5) See Public Law 115-232, section 889 for additional information.

(6) See also § 200.471.

(L) Domestic preferences for procurements (2 CFR 200.322) - The County prefers to purchase or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(1) For purposes of this section:

(i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(ii) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]

END OF FEDERAL PROVISIONS

END OF SUPPLEMENTAL CONTRACT PROVISIONS

https://www.federalregister.gov/citation/78-FR-78608 https://www.federalregister.gov/citation/79-FR-75888 https://www.federalregister.gov/citation/85-FR-49577 https://www.federalregister.gov/citation/85-FR-49577