Addendum_to_Bid_Quote_Base_Template__Federal_Funds__Rev._2024_09_13__4_ (2).docx
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- Attached to
- 2025 Old Woman Creek Window Replacement
- Solicitation number
- SRC0000028633
- Issued by
- Erie County, Ohio
About this file
This document is an Addendum to a contract between the Ohio Department of Natural Resources (ODNR) and an unnamed Contractor, partially or fully funded by federal grant funds. The specific details of the underlying contract are not fully disclosed, but the Addendum establishes standard terms and conditions for the agreement, with a performance completion date and a termination date at the end of the current biennium. The contract can be renewed upon mutual written consent and subject to appropriation, with any changes to terms potentially requiring a separate agreement.
The total amount to be paid by ODNR will not exceed a specified dollar amount, with payments due 30 calendar days after invoice receipt or service acceptance. The federal grant supporting this contract was awarded through an unspecified federal agency, identified by a Federal Award Identification Number (FAIN), with a total award amount and an approved indirect rate of 0%. The contract includes provisions for compliance with various state and federal regulations, including non-discrimination policies, ethics laws, procurement requirements, and specific federal grant conditions such as the Davis-Bacon Act and Clean Air Act provisions. The Contractor must also affirm compliance with Ohio's open trade policies and restrictions on offshore services.
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Addendum to the Type of Document of Counterparty Name for ODNR Legal Contract ID #
ADDENDUM TO THE
TYPE OF DOCUMENT OF
COUNTERPARTY
FOR THE OHIO DEPARTMENT OF NATURAL RESOURCES
To the extent allowed by the laws of the State of Ohio and subject to the additional terms and conditions set forth below, the OHIO DEPARTMENT OF NATURAL RESOURCES (“ODNR”), acting through its NAME OF DIVISION/OFFICE, agrees to the terms and conditions set forth in the Type of Document submitted by NAME OF COUNTERPARTY of Street Address, City, State ZIP (UEI # #########) (“Contractor”) (attached to this Addendum as Exhibit A). Additionally, the Contractor and ODNR agree that the following terms and conditions shall be incorporated into and form a part of the Type of Document. This Addendum and the Type of Document in combination shall be referred to as the “Agreement.” Comment by Reed, Brittnie: Guidance: The document(s) being attached to this Addendum must be labeled “Exhibit A” and should be uploaded to OnBase as a Contract Exhibit document type.
Expenditures for this Agreement are partially or fully funded by federal funds. ODNR received a federal grant under the terms and conditions of the Name of the Federal Award Program program, awarded through the Name of the Federal Awarding Agency. This grant is identified by Federal Award Identification Number (FAIN) ##############, which became effective on Effective Date, with a total award amount of $###,###,###.##, and an approved indirect rate of 0%. This grant was made under Assistance Listing Number ALN #, ALN Title. Comment by Reed, Brittnie: Guidance: Change, as the case may be, and include if the de minimis rate is charged per section 200.414 indirect f&a costs.
1. Payment.
A. The total amount to be paid by ODNR to the Contractor under this Agreement shall in no event exceed the sum of $###,###,###.##.
B. Payments under this Agreement shall be due on the 30th calendar day after the later of: (1) the date of actual receipt of a proper invoice in the office designated to receive the invoice, or (2) the date equipment, materials, goods, supplies, or services are accepted in accordance with the terms of this Agreement. The date of the warrant issued in payment shall be considered the date payment is made.
C. Invoices shall be submitted to the office of Financial Shared Services via email to invoices@ohio.gov or by mail to Financial Shared Services, P.O. Box 182880, Columbus, Ohio 43218-2880. Invoices must include all information required by the purchase order to be processed. Incomplete invoices may be returned unprocessed, delaying payment.
D. Ohio Revised Code (“R.C.”) § 126.30 may be applicable to this Agreement and, if so, requires payment of interest on overdue payments for all proper invoices. The interest charge shall be at a rate per calendar month which equals one-twelfth of the rate per annum prescribed by R.C. § 5703.47.
2. Non-Appropriation. Performance by ODNR under this Agreement may be dependent upon the appropriation of funds by the Ohio General Assembly. Therefore, in accordance with R.C. § 126.07, it is understood that ODNR’s payments are contingent on the availability of such lawful appropriations by the Ohio General Assembly. If the Ohio General Assembly fails at any time to continue funding for the payments due hereunder, this Agreement is hereby terminated as of the date that the funding expires without further obligation of ODNR.
3. Term. This Agreement shall be effective as of the date on which it is signed by ODNR. Contractor shall complete the deliverables detailed in Exhibit A no later than Performance Completion Date. Notwithstanding any renewals, automatic or otherwise, provided in the attached Type of Document, this Agreement shall terminate as of, and shall not extend beyond End Date of Current Biennium. Upon mutual, written consent and subject to appropriation, the parties may renew this Agreement on the same terms and conditions. Any changes to the terms and conditions, except performance completion and termination dates, may require a separate agreement.
4. Termination. ODNR may terminate this Agreement for cause or convenience by giving written notice to Contractor. The termination will be effective on the date determined by ODNR. If Contractor fails to perform any obligations under this Agreement, Contractor is in default. If the default is unable to be cured in a reasonable time, Contractor is liable to ODNR for all actual and direct damages caused by Contractor’s default. ODNR may buy substitute supplies or services, from a third party, for those that were to be provided by Contractor. ODNR may recover the costs associated with acquiring substitute supplies or services, less any expenses or costs saved by Contractor’s default, from Contractor. If the termination is for the convenience of ODNR, the Contractor will be entitled to compensation for any deliverable that the Contractor has delivered before the termination. Such compensation will be the Contractor’s exclusive remedy in the case of termination for convenience and will be available to the Contractor only after the Contractor has submitted a proper invoice for such, with the invoice reflecting the amount determined by ODNR to be owing to the Contractor.
5. Compliance with Laws. Contractor, in the execution of its duties and obligations under this Agreement, agrees to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.
6. Taxes. ODNR is exempt from federal excise taxes and all state and local taxes, unless otherwise provided herein. ODNR does not agree to pay any taxes on commodities, goods, or services acquired from any Contractor.
7. Contract Provisions. Contractor acknowledges that ODNR is an administrative department of the State of Ohio and, as such, is subject to Ohio law, including but not limited to R.C. § 9.27. R.C. § 9.27 requires that no State contract for goods or services may contain provisions limiting liability or requiring indemnification, choice of law and jurisdiction other than Ohio, binding arbitration, auto-renewals, or other provisions contrary to Ohio law, and if it does, such provisions are void ab initio. Contractor further acknowledges that neither this Agreement nor any subsequent renewal or embedded terms may contain any provisions that are contrary to Ohio law, and any such provisions are not applicable to ODNR.
8. Bonding and Insurance. The State of Ohio is self-insured. If the work to be performed in accordance with this Agreement is for the construction, repair, or maintenance of a public improvement, before commencing the performance of the work Contractor shall obtain and maintain, from a surety licensed to do business in the State of Ohio, a performance bond in the form set forth in R.C. § 153.57 in an amount equal to or greater than the total payments to be made pursuant to this Agreement. Further, Contractor shall, at a minimum, obtain, pay for, and keep in force commercial general liability and business automobile liability insurance coverages. The insurance coverages shall have a minimum limit of one million dollars ($1,000,000.00) per occurrence; however, the Chief of Name of Division/Office, in the Chief’s sole discretion, may approve a lower limit or require additional coverage, if reasonable, for the work to be performed and risk to be undertaken. Any insurance policy required hereunder shall include an endorsement naming ODNR and the State of Ohio as additional insureds.
9. Nondiscrimination in Employment. Pursuant to R.C. § 125.111 and ODNR policy, Contractor agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor, shall not discriminate, by reason of race, color, religion, sex, sexual orientation, age, disability, military status as defined in R.C. § 4112.01, national origin, or ancestry against any citizen of this state in the employment of any person qualified and available to perform the activities. Contractor further agrees that any subcontractor, and any person acting on behalf of Contractor or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of the activities on account of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry.
Contractor shall, 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, national origin, ancestry, age, sex, sexual orientation, handicap, or any disability. Contractor shall cooperate with the state Equal Employment Opportunity Coordinator, with any other official or agency of the state or federal Government which seeks to eliminate unlawful employment discrimination, and with all other state and federal efforts to assure equal employment practices under the Agreement, and Contractor shall comply promptly with all requests and directions from the State of Ohio or any of its officials and agencies in this regard.
If this Agreement is a “federally assisted construction contract” as that term is defined in 41 CFR Part 60-1.3, Contractor shall also comply with the provisions attached hereto as Exhibit B. Comment by Reed, Brittnie: Guidance Comment: Please leave this paragraph and referenced Exhibit B for Legal to review and make the determination as to whether it should remain or can be removed from the Agreement.
10. Use of MBE and EDGE Vendors. Revised Code § 125.081 requires state agencies to set aside purchases for Minority Business Enterprises (“MBE”) and Executive Order 2008-13S encourages use of Encouraging Diversity, Growth and Equity (“EDGE”) businesses. ODNR encourages Contractor to purchase goods and services from Ohio-certified MBE and EDGE vendors.
11. Governing Law. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Ohio. To the extent that ODNR is a party to any litigation arising out of, or relating in any way to, this Agreement or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in Franklin County, Ohio.
12. Drug-free Workplace. Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace.
13. Research and Development. Funds may/shall not be used for research and development.
14. Ohio Ethics Law. The Contractor certifies that it: (i) has reviewed and understands the Ohio ethics and conflict of interest laws as found in Ohio Revised Code Chapter 102 and in Ohio Revised Code Sections 2921.42 and 2921.43, and (ii) will take no action inconsistent with those laws. The Contractor understands that failure to comply with Ohio’s ethics and conflict of interest laws is grounds for termination of this Agreement and may result in the loss of other contracts or grants with the State of Ohio.
15. Ohio Election Law. Contractor affirms that it is compliant with R.C. § 3517.13.
16. Workers’ Compensation. Contractor shall provide its own workers’ compensation coverage throughout the duration of this Agreement and any extensions thereof. ODNR is hereby released from any and all liability for injury received by the Contractor, its employees, agents, or subcontractors, while performing tasks, duties, work, or responsibilities as set forth in this Agreement.
17. Indemnification and Hold Harmless. Any provisions in the Type of Document requiring ODNR to indemnify and/or hold harmless or pay attorney’s fees to the Contractor do not meet the requirements of state law and shall be considered stricken.
18. Findings for Recovery. Contractor represents and warrants that it is not subject to a finding for recovery under R.C. § 9.24, or that it has taken appropriate remedial steps required under R.C. § 9.24 or otherwise qualifies under that section. Contractor agrees that if this representation or warranty is deemed to be false, this Agreement shall be void ab initio as between the parties to this Agreement, and any funds paid by ODNR hereunder shall be immediately repaid to ODNR, or an action for recovery may be immediately commenced by ODNR for recovery of said funds.
19. Debarment and Suspension. Contractor shall immediately inform ODNR if it or any of its principals is presently excluded, debarred, or suspended from entering into covered transactions with the federal government or entities according to the terms of 2 CFR Part 180. If Contractor or any of its principals receive a transmittal letter or other official federal notice of debarment or suspension, it shall promptly notify ODNR. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. Contractor certifies that it is not debarred from consideration for contract awards by the State of Ohio under R.C. §§ 153.02, 125.25, or 5513.06. If this certification is false, this Agreement is void ab initio and Contractor shall immediately repay ODNR all funds transferred by this Agreement.
20. Independent Contractor. Unless Contractor is a “business entity” as that term is defined in R.C. § 145.037 (“an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business”), Contractor shall have any individual performing services under this Agreement complete and submit the attached Independent Contractor Acknowledgment to ODNR. Contractor’s failure to complete and submit said attachment at the time Contractor executes this Addendum shall serve as Contractor’s certification that Contractor is a “business entity” as that term is defined in R.C. § 145.037. It is further understood and agreed that Contractor is an independent contractor and neither Contractor nor its personnel shall at any time, or for any purpose, be considered as agents, servants, or employees of ODNR or the State of Ohio.
21. Expenditure of Public Funds for Offshore Services. Contractor affirms to have read and understands Executive Order 2019-12D issued by Ohio Governor Mike DeWine. Contractor shall perform no services required under this Agreement or locate State data in any way outside of the United States.
Contractor also affirms to have read and understands Executive Order 2022-02D issued by Ohio Governor Mike DeWine. Contractor has signed and completed the Standard Affirmation and Disclosure Form and shall perform no services in Russia, locate State data in Russia in any way, or purchase from or invest in Russian institutions or companies.
22. Open Trade. Pursuant to R.C. § 9.76(B), Contractor warrants that it is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the contract period.
23. Qualifications. Contractor represents that it has all approvals, licenses, or other qualifications needed to conduct its business in Ohio and that all are current.
24. Procurement of Recovered Materials. 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.
25. Davis-Bacon Act. 2 CFR 200 Appendix II (D): “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, 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 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.” Comment by Reed, Brittnie: Guidance: Is this contract a prime construction contract in excess of $2,000? If not, delete this paragraph. If so, ask Legal to draft.
26. Contract Work Hours and Safety Standards Act. 2 CFR 200 Appendix II (E): “Where applicable, all contracts awarded by the non-Federal entity 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 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.” Comment by Reed, Brittnie: Guidance: Is this contract for more than $100,000 and involves the employment of mechanics or laborers? If not, delete this paragraph. If so, ask Legal to draft.
27. Experimental, Developmental, or Research Work. 2 CFR 200 Appendix II (F): 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 the awarding agency. Comment by Reed, Brittnie: Guidance: Is this contract with a small business firm or nonprofit and ODNR desires to provide for the substitution of parties, assignment, or performance of experimental, developmental, or research work? If not, delete this paragraph. If so, ask Legal to draft.
28. Federal Clean Air Act and Water Pollution Control Act. 2 CFR 200 Appendix II (G): “Contracts and subgrants of amounts in excess of $ 150,000 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).” Comment by Reed, Brittnie: Guidance: Is this contract in excess of $150,000? If not delete this paragraph. If so, ask Legal to draft.
29. Byrd Anti-Lobbying Amendment. 2 CFR 200 Appendix II (I): “Contractors that apply or bid for an award exceeding $ 100,000 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.” Comment by Reed, Brittnie: Guidance: Is this contract in excess of $100,000? If not, delete this paragraph. If so, ask Legal to draft.
30. Headings. The headings in this Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Agreement.
31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Either party hereto may deliver a copy of its counterparty’s signature page to this Agreement electronically pursuant to R.C. Chapter 1306. Each party hereto shall be entitled to rely upon an electronic signature of any other party delivered in such a manner as if such signature were an original.
32. Waiver. A waiver by any party of any breach or default by the other party under this Agreement shall not constitute a continuing waiver by such party of any subsequent act in breach of or in default hereunder.
33. Assignment. Neither this Agreement nor any rights, duties, or obligations hereunder may be assigned or transferred in whole or in part by Contractor.
34. Conflicts. In the event there is a conflict between the terms and conditions of the Type of Document submitted by Contractor and this Addendum, this Addendum is controlling.
35. Entire Agreement. The Agreement, including any attachments, contains the entire agreement between the parties hereto and shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto with respect to the subject matter hereof. The terms of this Addendum shall superseded any and all previous agreements and any other terms and conditions, whether written or oral, between the parties.
Each party is signing this Agreement on the date stated below that party’s signature.
CONTRACTOR OHIO DEPARTMENT OF NATURAL RESOURCES
NAME OF COUNTERPARTY NAME OF DIVISION/OFFICE
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
EXHIBIT B Comment by Reed, Brittnie: See Guidance Comment for Paragraph 9 in the body of the Agreement.
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) 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 setting forth the provisions of this nondiscrimination clause.
(2) 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.
(3) 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.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) 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.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction 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.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
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