Attachment_D-Federal_Terms.pdf

ATTACHMENT G

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STATE OF OKLAHOMA FEDERAL FUNDING TERMS

This State of Oklahoma Federal Funding Terms is a contract document in connection with a contract awarded by and through the State of Oklahoma Office of Management and Enterprise Services, with a vendor, supplier or contractor (“supplier”). Supplier acknowledges that acquisitions under this contract may use federal assistance for purposes of funding the acquisition. When procuring property and services using federal financial assistance, the state must follow the same policies it uses for procurements from its nonfederal funds along with all other requirements of the 2 U.S.C. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). In addition, the state and supplier (“parties”) must agree to the standards identified in 2 CFR §§ 200.321-200.323 regulations and ensure purchase orders, contracts or subcontracts include clauses required by 2 CFR § 200.327.

The terms and conditions provided in this Attachment are general federal award requirements.

Additional terms, conditions, or exceptions may be required that are specific to the federal financial assistance used in each procurement transaction. Any additional terms, conditions, or exceptions shall be incorporated into a purchase order, contract, or subcontract to ensure compliance with the federal financial assistance attached to this contract.

In addition to the terms contained in applicable contract documents and the requirements mentioned above, the Parties agree to the following Federal Funding Terms.

1 AFFIRMATIVE STEPS FOR CONTRACTING

1.1 Parties acknowledge that any nonfederal entity included in this contract must take affirmative steps to ensure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. In addition to and in conjunction with 74 O.S. §§ 85.45-85.45i., those affirmative steps must include:

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

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

c. 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.

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

e. 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.

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

2 INFORMATION SUBMITTED. Supplier acknowledges that all information, reports and other documents and data submitted to the state and its representatives in connection with this contract were, at the time

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3 COMPETITIVE BIDDING. All funds received by the supplier herein are subject to the Oklahoma Purchasing Act and the procurement standards found in 2 CFR §§ 200.321-200.323, and 2 CFR § 200.327. The supplier acknowledges and agrees that these funds were to the best of supplier's knowledge competitively bid or covered by an exemption as described therein.

4 AUDITING AND MONITORING REQUIREMENTS. Supplier acknowledges that the funds used in this transaction are subject to the requirements found in Sections 2 CFR §§ 200.500-200.520; and therefore, the state is subject to audit by federal and state entities.

4.1 The supplier agrees to provide the State of Oklahoma, the U.S. Department of Treasury, the comptroller general of the United States or any of their authorized representatives access to any books, documents, papers and records of the supplier which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. The supplier agrees to permit any of the foregoing parties to copy or reproduce, by any means, excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests. All records related to this transaction must be kept for five years after the completion of this contract.

4.2 If applicable, the supplier agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4.3 No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the comptroller general of the United States.

4.4 The supplier further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5 BUYING PREFERENCES.

5.1 Domestic preferences for procurements, 2 CFR § 200.322. Supplier should, to the greatest extent practicable under the scope of this contract, 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 contract. For purposes of this section:

a. “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.

b. “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

c. Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth below.

5.2 Buy America preferences for infrastructure projects, 2 CFR Part 184. Applies to federal awards where funds are appropriated or otherwise made available for infrastructure projects in the United States, regardless of whether infrastructure is the primary purpose of the federal award.

Must be included in all subawards, contracts and purchase orders for the work performed or products supplied under the federal award. Infrastructure encompasses public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities;

airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities and equipment that generate, transport and distribute energy including electric vehicle (EV) charging.

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6 STATUTES AND REGULATIONS PROHIBITING DISCRIMINATION.

6.1 Executive Order 11246, Equal Employment Opportunity, as amended by EO 11375, Amending

Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by 41 CFR Part 60 regulations, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. Applies to any construction work and subcontract work or modification thereof, which is paid for in whole or in part with funds obtained from the federal government, unless otherwise exempted.

Federally assisted construction contracts 41 CFR § 60-1.4(b). During the performance of this contract, the contractor agrees as follows:

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 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.

b. 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. which includes 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 discriminate against any employee or applicant for employment because they inquired about, discussed or disclosed the compensation of the employee or applicant or another employee or applicant. This does not apply to instances in which an employee who has access to the compensation as part of the employee's essential job function discloses the compensation 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 will send to each labor union or representative of workers with which a collective bargaining agreement is in place or other contract or understanding, a notice to be provided advising the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

6.2 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 CFR Part 22, which prohibits discrimination based on race, color or national origin under programs or activities receiving federal financial assistance.

6.3 Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status or disability.

6.4 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

6.5 Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations of 31 CFR Part 23, which prohibit discrimination based on age in programs or activities receiving federal financial assistance.

6.6 Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination based on disability under programs, activities and services provided or made available by state and local governments or instrumentalities or agencies thereto.

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6.7 Protections for whistleblowers. In accordance with 41 U.S.C. § 4712, the parties may not discharge, demote or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced includes the following:

a. A member of Congress or a representative of a committee of Congress.

b. An inspector general.

c. The Government Accountability Office.

d. A Treasury employee responsible for contract or grant oversight or management.

e. An authorized official of the Department of Justice or other law enforcement agency.

f. A court or grand jury.

g. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

7 CONTRACT AND SUBCONTRACT LEVEL REQUIREMENTS.

In addition to state procurement regulations, the following federal regulations apply.

7.1 Contracts and purchases in excess of $2,000. The following applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, and requires that supplier must comply with two sets of regulations:

a. 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). When applicable, 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 nonfederal 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 nonfederal entity must report all suspected or reported violations to the federal awarding agency.

b. 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 nonfederal entity must report all suspected or reported violations to the federal awarding agency.

7.2 Contracts and purchases in excess of $10,000

a. Recovered materials. Any state agency or agency of a political subdivision of a state and its suppliers or 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 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.

7.3 Contracts and subcontracts for $25,000 and above

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a. Suspension and debarment. Restricts awards, subawards, contracts and subcontracts with suppliers that are debarred, suspended or otherwise excluded or declared ineligible for participation in federal assistance programs and activities. This contract is a covered transaction for purposes of 2 CFR Part 180 and Part 3000. As such, the supplier is required to verify that none of supplier's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). The supplier must comply with 2 CFR Part 180 Subpart C and 2 CFR Part 3000 Subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by the State of Oklahoma. If it is later determined that the supplier did not comply with 2 CFR Part 180 Subpart C and 2 CFR Part 3000 Subpart C, in addition to remedies available to the state, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

7.4 Contracts and purchases of $100,000 and above

a. Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 3701-3708. Applies to all contracts and subcontracts of more than $100,000 that involve the employment of mechanics or laborers. Under Section 3702 of the act, contractors and subcontractors shall be required to compute the wages of every mechanic and laborer (including guards and watchmen) based on a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1½ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C.

§ 3704 are applicable to construction work and provides that no laborer or mechanic shall 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.

b. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. Supplier 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. This supplier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award and require any entities receiving subawards or contracts to do the same. Such disclosures are forwarded from tier-to-tier up to the recipient who in tum will forward the certification(s) to the awarding agency. (Contractors must sign the attached certification.)

7.5 Contracts and purchases of $150,000 and above

a. Clean Air Act (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act (33

U.S.C. §§ 1251-1387), as amended. Supplier agrees to comply with, and require all subcontractors to comply with, all applicable standards, orders, or regulations issued pursuant to these acts. Supplier agrees to report each violation to the state entity that is party to this contract and understands and agrees that the state entity will, in tum, report each violation as required to assure notification to the appropriate Environmental Protection agency.

7.6 Contracts and purchases of $250,000 and above

a. Remedies. Contracts for more than the simplified acqms1t10n threshold, currently set at

$250,000, 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.

8 OTHER APPLICABLE LAWS

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8.1 Increasing seat belt use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 18, 1997), supplier is encouraged to adopt and enforce on-the-job seat belt policies and programs for employees when operating companyowned, rented or personally owned vehicles.

8.2 Reducing text messaging while driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), supplier is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

8.3 Publications. Any publications produced with funds from a federal award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

8.4 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 the awarding agency.

• The term funding agreement means any contract, grant or cooperative agreement entered into between any federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental or research work funded in whole or in part by the federal government. This term also includes any assignment, substitution of parties or subcontract of any type entered into for the performance of experimental, developmental or research work under a funding agreement as defined in the first sentence of this paragraph.

8.5 2 CFR § 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment

a. Parties agree that no federal funds may be obligated or expended in any contract or subcontract that includes obtaining any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology 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).

b. This prohibition does not prevent parties to this contract or subcontractors from using covered telecommunications equipment and services for their own purposes, provided the covered telecommunications equipment or services are not procured with federal funds.

c. 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.

8.6 Termination for cause and convenience - Provisions under Attachment B apply.

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CERTIFICATION REGARDING LOBBYING

This form is required for purchases of $100,000 and above.

Required by 31 CFR Part 21 The undersigned certifies to the best of their knowledge and belief that:

I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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.

II. 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 undersigned shall complete and submit Standard Form LLL (Disclosure of Lobbying Activities) in accordance with its instructions.

III. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subawards and contracts under grants, loans and cooperative agreements) and that all suppliers shall certify and disclose accordingly.

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 $10,000 and not more than $100,000 for each such failure.

Supplier certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the supplier understands and agrees that the remedies found in 31 U.S. C. Subtitle III Chapter 38 applies to this certification and disclosure.

Name Title

Signature of supplier's authorized official Date

8 OTHER APPLICABLE LAWS