Attachment B-2~18.pdf

IDES ATTACHMENTS

B-2 (10/2015) 1

ATTACHMENT B-2

(10/2015)

FEDERAL FUNDING CONTRACT REQUIREMENTS AND CERTIFICATIONS

The U.S. Office of Management and Budget (OMB) and the U.S. Department of Labor (DOL) require the following certifications and contract requirements to be included in contracts and subcontracts funded in whole or part with Federal financial assistance. Since Vendor’s contract is so funded, Vendor certifies and assures as follows and agrees to include the following certifications and assurances in each subcontract with any subcontractors Vendor may hire to perform all or part of the work covered by the contract:

1. Federal Cost Principals and Audit Requirements:

The federal cost principles and audit requirements of this contract are governed by the cost principles and audit requirements of OMB found in 2 CFR Part 200, as amended (Part 200), and of DOL found in 2 CFR Part 2900, as amended (Part 2900), the successor regulations to OMB Circulars No. A-87 and No. A-133, 2 CFR Part 225 (OMB), and 29 CFR Parts 96 and 99 (DOL).

Vendor acknowledges that for purposes of this contract and Parts 200 and 2900, Vendor is a Contractor as defined under 2 CFR

200.23 and not an Auditee, Non-Federal entity, Recipient, nor Subrecipient as defined under 2 CFR 200.6, 200.69, 200.86, and

200.93 respectively.

2. Mandatory State Energy Efficiency Standards and Policies (As Applicable):

As applicable, the mandatory standards and policies, if any, relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201) are incorporated herein in their entirety.

3. Contracts > $10,000 (If Not Provided Elsewhere) / Termination For Cause & Remedies; Termination For Convenience:

If not provided for elsewhere in this contract, and if the value of this contract is more than $10,000, the following provisions are part of this contract:

(a) Termination for Cause and Remedies.

The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice, or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained herein, the State retains its rights to seek any available legal or equitable remedies and damages.

(b) Termination for Convenience.

The State may, for its convenience and with 30 days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor. The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination.

4. Contracts ≥ $100,000 or More / Anti-Lobbying Certification:

If the value of this contract is $100,000 or more, Vendor certifies 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. Vendor also certifies that it has disclosed to the State any lobbying with non-Federal funds that took or takes place in connection with obtaining any such Federal award.

IDES ATTACHMENTS

B-2 (10/2015) 2

5. Contracts > $150,000 / Clean Air Act & Federal Water Pollution Control Act Certification:

If the value of this contract is more than $150,000, Vendor certifies that it shall 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).

6. Suspension, Debarment, Exclusion, or Disqualification from Contract Certification:

Vendor certifies that it and its principals are not prohibited from participating in this contract because it or any of its principals are suspended, debarred, proposed for debarment, excluded (voluntarily or otherwise), or disqualified under 29 CFR Part 98, and that it will comply with 29 CFR Part 98 as a condition of participating in this contract and will require, if applicable, any subcontractor(s) to comply with 29 CFR Part 98 as a condition of participating in any subcontract(s) under this contract. This certification includes, without limitation, Vendor’s certification 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 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.”

7. Nondiscrimination and Equal Opportunity under the Workforce Innovation and Opportunity Act Certification:

Vendor certifies that it will comply fully with the nondiscrimination and equal opportunity regulations implemented under Title I of the Workforce Innovation and Opportunity Act of 2014, as amended (WIOA), which are codified at 29 CFR Part 37 and incorporated herein by reference, and which require full compliance with: Section 188 of WIOA; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended;

title IX of the Education Amendments of 1972, as amended; and 29 CFR Part 37 and all other regulations implementing the laws listed above. The United States has the right to seek judicial enforcement of this assurance.