Att L_Cert Regarding Federal Matters.pdf

ATTACHMENT L

CERTIFICATION REGARDING FEDERAL MATTERS

Because RAs may utilize federal funding to purchase Goods and Services under a Contract, Contractor must complete and submit this certification as part of this Price Agreement. If federal terms and conditions are applicable to a Contract, the RA will attach and incorporate the specific relevant federal provisions into its ordering instrument.

Certification Contractor certifies that Contractor shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to this Price Agreement. These may include but are not limited to:

(1) If the Contract is for more than $10,000, compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13,1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, in section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is not forfeited.

(2) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3).

(3) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5).

(4) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

(5) If the Contract is for more than $100,000, compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act 33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

(6) Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

(7) Compliance with mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Part 247.

(8) Compliance with 2 CFR Part 200, or the equivalent applicable provision adopted by the awarding federal Agencies in 2 CFR Subtitle B, including buy not limited to the following:

a) Property Standards. 2 CFR 200.313, or the equivalent applicable provision adopted by the awarding federal Agencies in 2 CFR Subtitle B, which generally describes the required maintenance, documentation, and allowed disposition of equipment purchased with federal funds.

b) Procurement Standards. When procuring goods or services (including professional consulting services), applicable state procurement regulation found in the Oregon Public Contracting Code, ORS chapters 279A, 279B and 279C or 2 CFR §§ 200.318 through 200.326, or the equivalent applicable provision adopted by the awarding federal Agencies in 2 CFR Subtitle B, as applicable.

c) Agreement Provisions. The Agreement provisions listed in 2 CFR Part 200, Appendix II, or the equivalent applicable provision adopted by the awarding federal Agencies in 2 CFR Subtitle B, are hereby incorporated into this Exhibit. These are, the the extend applicable, obligations of Contract, and Contractor shall also include such agreement provisions in its contracts with non- Federal entities.

(9) Compliance with the Pro-Children Act of 1994 (codified at 20 USC section 6081 et. seq.).

(10) Debarment and Suspension. Contractor certifies and shall not permit any person or entity to be a subcontractor if the person or entity is listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal Procurement or Nonprocurement Programs” in accordance with Executive Orders No. 12549 and No. 12689, “Debarment and Suspension”. (See 2 CFR Part 180.) This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory authority other than Executive Order No. 12549. Subcontractors with awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals or prior to award.

(11) That the Contractor certifies, to the best of the Contractor’s knowledge and belief that:

a) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of any federal contract, the making of any federal grant, the making of any of 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.

b) If any fund 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.

c) The Contractor shall require that the language of this certification will 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 and subcontractors shall certify and disclose accordingly.

d) This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Price Agreement imposed by section 1352, Title 31 of the U.S. Code. 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.

I, the official named below, certify that I am duly authorized to legally bind Contractor to this Certification Regarding Federal Matters:

Contractor Name (Printed):

By (Authorized Signature of Person with Authority to Obligate the Contractor), and Date:

Printed Name:

Title of Person Signing: