DFCM Federal Supplemental General Conditions 07152025 1

FEDERAL SUPPLEMENTAL

GENERAL CONDITIONS

July 15, 2025

The Contract to which these Federal Supplemental General Conditions apply has been funded, in whole or in part, with federal funds. In the event of a conflict between these Federal Supplemental General Conditions and any other Contract Document, these Federal Supplemental General Conditions shall control.

Contractor shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by Contractor to which these Federal Supplemental General Conditions apply pursuant to the Contractor’s Agreement and any provisions required by 2 CFR 200 Appendix II.

1. Equal Employment Opportunity. This clause applies to all federally assisted construction contracts. 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 shall 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, as follows:

1.1. During the performance of this Contract, the Contractor agrees as follows:

1.1.1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, 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 setting forth the provisions of this nondiscrimination clause.

1.1.2. 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, or national origin.

1.1.3. Contractor will send to each labor union or representative of workers with which Contractor has a collective bargaining contract or other contract or understanding, a notice 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.

1.1.4. 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.

STATE OF UTAH - DEPARTMENT OF GOVERNMENT OPERATIONS

Division of Facilities Construction and Management

DFCM

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1.1.5. 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 Contractor’s books, records, and accounts by DFCM and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

1.1.6. In the event of 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.

1.1.7. Contractor will include the provisions of paragraphs 1.1 through 1.1.6 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 vendor. 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 Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor 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.

2. Title VI of the Civil Rights Act. This clause applies to all contracts. The Contractor and Subcontractors shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Contract. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Contract.

3. Davis-Bacon Act. This clause applies to construction or repair contracts in excess of $2,000 when required by Federal program legislation. When required by Federal program legislation, all prime construction contracts in excess of $2,000 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, Contractor is 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, Contractor is required to pay wages not less than once a week. Contractor acknowledges that a copy of the current prevailing wage determination issued by the Department of Labor was included in the solicitation for the Project. Contractor acknowledges that DFCM’s decision to award a the Contract to Contractor is conditioned on Contractor’s acceptance of the wage determination and that Subcontracts must be conditioned upon the acceptance of the wage determination.

Contractor acknowledges that DFCM must report all suspected or reported violations to the federal awarding agency.

4. Contract Work Hours and Safety Standards Act. This clause applies to contracts in excess of $100,000 that involve the employment of mechanics or laborers. The Contractor must comply with the Act (40 USC 3702 and 3704), as supplemented by Department of Labor regulations (29 CFR Part 5). The Act requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard work

DFCM Federal Supplemental General Conditions 07152025 3 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 apply 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.

5. Copeland Anti-Kickback Act. This clause applies to construction or repair contracts in excess of $2,000 when required by Federal program legislation. The Contractor must comply with the Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3). The Act requires that each contractor or subrecipient 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. DFCM will report all suspected or reported violations to the federal awarding agency.

6. Byrd Anti-Lobbying Amendment. This clause applies to contracts of $100,000 or more. 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. 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. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including Subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is 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 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

7. Clean Air Act and the Federal Water Pollution Control Act. This clause applies to contracts that exceed $150,000. The Contractor must 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).

8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). This clause applies to all contracts. Contractor is prohibited from obligating or expending federal funds on certain telecommunications and video surveillance services or equipment pursuant to 2

CFR 200.216.

9. Never Contract with the Enemy (2 CFR 200.215). This clause applies to all contracts expected to exceed $50,000. Federal awarding agencies and recipients, including Contractor, are subject to the regulations implementing “Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000

DFCM Federal Supplemental General Conditions 07152025 4 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

10. Procurement of Recovered Materials. This clause applies to all contracts. 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.

11. Domestic Preference for Procurements. This clause applies to all contracts. To the greatest extent practicable, Contractor shall 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 Subcontracts and purchase orders for work or products under this Contract.

12. Fly America Act. This clause applies to all contracts. Contractor shall comly with 49 U.S.C. 41102.

If available, the Contractor, in performing work under this Contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

13. Rights to Inventions Made Under a Contract or Agreement. This clause applies to contracts with a small business firm or a nonprofit organization for the performance of experimental, developmental or research work funded in whole or in part by the federal government. The standard federal patent rights clause at 37 CFR 401.14 is incorporated into this Contract by reference. To qualify for the standard clause, Contractor may be required to certify that it is either a small business firm or a nonprofit organization.

14. Energy Policy and Conservation Act. This clause applies to all contracts. The Contractor will comply with applicable standards and policies relating to energy efficiency that are contained in the Utah Energy Efficiency & Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

15. Audit and Records. This clause applies to all contracts. The Contractor must retain all financial records and supporting documents pertinent to this Contract for a period of three years from the later of final payment or termination. Records that relate to audits, litigation, appeals or settlement of claims arising out of the Contract shall be retained until disposition of the same. Upon reasonable advance notice, Contractor shall provide to DFCM, the Utah State Auditor, the Comptroller General of the United States, the director of the federal funding agency, or any of their authorized representatives, access to such records and supporting documents for auditing, inspection and copying.

16. Debarment and Suspension. This clause applies to all contracts. The Contractor represents that it is not listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180. The Excluded Parties List System in SAM 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. The Contractor shall ensure that any of its subcontractors under this Contract are not listed on the Excluded Parties List System.

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17. Certifications. This clause applies to all contracts. Unless prohibited by federal statutes or regulations, DFCM may require Contractor to submit certifications and representations required by federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Contractor fails to meet a requirement of the federal award. Contractor shall certify in writing to DFCM at substantial completion that the project was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Contract Price must be adjusted.