ATTACHMENT I - CERTIFICATION REGARDING FEDERAL MATTERS~1.pdf

ATTACHMENT I

CERTIFICATION REGARDING FEDERAL MATTERS

Head Start Agencies seeking to procure goods and services using funds under a federal grant or contract, specific federal laws, regula�ons, and requirements may apply in addi�on to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administra�ve Requirements , Cost

Principles and Audit Requirements for Federal Awards, 2 CFR 200 (some�mes referred to as the "Uniform

Guidance"). All Contractors submi�ng Proposals must complete this cer�fica�on form regarding Contractor's willingness and ability to comply with certain requirement s which may be applicable to specific OCDC purchases using federal grant funds.

Certification

Proposer certifies that Proposer shall comply, and require all sub-vendors t comply, with all federal laws, regulations and executive orders applicable to a Contract. These may include but are not limited to:

A. Byrd An�-Lobbying Amendment: 31 U.S.C. § 1352

1. Contractors who apply or bid for an award of $100,000 or more shall file the required cer�fica�on. Each �er cer�fies to the �er above that it will not and has not used Federal appropriated funds to pay any person or organiza�on for influencing or atemp�ng 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 connec�on with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each �er shall also disclose any lobbying with non-Federal funds that takes place in connec�on with obtaining any Federal award. Such disclosures are forwarded from �er to �er up to the recipient. See 2 CFR part 2998 Applicable if Contract > $100,000

B. Clean Air Act: 42 U.S.C. §§ 7401-7671q

1. Applicable if Contract is > $150,000

C. Compe��on: 45 CFR § 75.328

1. Contractor will ensure all transac�ons are conducted in a manner to provide, to the maximum extent prac�cal, open and free compe��on. Contractor will:

i. Not perform in a manner that provides for any unfair compe��ve advantage;

ii. Place unreasonable requirements to inhibit compe��on;

iii. Avoid organiza�onal conflicts of interest;

iv. Not specify only a “brand name” instead of allowing for “an equal” product unless specifically required by

OCDC;

v. Any arbitrary ac�on that limits open and free compe��on.

D. Contract Work Hours and Safety Standards Act: 40 U.S.C. §§ 3701-3708

1. As supplemented by Department of Labor regula�ons (29 CFR part 5). Under sec�on 102 of the Act, each contractor shall 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 11⁄2 �mes the basic rate of pay for all hours worked in excess of 40 hours in the work week. Sec�on 107 of the Act is applicable to construc�on work and provides that no laborer or mechanic shall be required to work in surroundings or under working condi�ons which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or ar�cles ordinarily available on the open market, or contracts for transporta�on or transmission of intelligence. Applicable if Contract is > $2,000 for Construc�on and > $2,500 for Mechanics or Laborers.

E. Copeland “An�-Kickback” Act: 18 U.S.C. § 874 and 40 U.S.C. § 276c

1. As supplemented by Department of Labor regula�ons (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 sub-recipient shall be prohibited from inducing, by any means, any person employed in the construc�on, comple�on, or repair of public work, to give up any part of the compensa�on to which one is otherwise en�tled. The recipient shall report all suspected or reported viola�ons to the Federal awarding agency.

Applicable if Contract is > $2,000 for Construc�on.

F. Davis-Bacon Act: 40 U.S.C. §§ 3141-3148

1. Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determina�on made by the Secretary of Labor. In addi�on, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determina�on issued by the Department of Labor in each solicita�on and the award of a contract shall be condi�oned upon the acceptance of the wage determina�on. The recipient shall report all suspected or reported viola�ons to the Federal awarding agency. Applicable if Contract is > $2,000 for Construc�on.

G. Debarment and Suspension: E.O.’s 12549 and 12689

1. No contract shall be made to par�es listed on the General Services Administra�on's List of Par�es Excluded from

Federal Procurement or Non-procurement Programs in accordance with E.O.'s 12549 and 12689, “Debarment and Suspension.” This list contains the names of par�es debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the simplified acquisi�on threshold shall provide the required cer�fica�on regarding its exclusion status and that of its principal employees.

H. Equal Employment Opportunity: 41 CFR § 60

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orienta�on, gender iden�ty, or na�onal origin. The contractor will take affirma�ve ac�on to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orienta�on, gender iden�ty, or na�onal origin. Such ac�on shall include, but not be limited to the following: Employment, upgrading, demo�on, or transfer, recruitment or recruitment adver�sing; layoff or termina�on; rates of pay or other forms of compensa�on; and selec�on for training, including appren�ceship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, no�ces to be provided by the contrac�ng officer se�ng forth the provisions of this nondiscrimina�on clause.

I. Federal Water Pollu�on Control Act: 33 U.S.C. §§ 1251-1387

1. Applicable if Contract is > $150,000

J. Pro-Children Act of 1994: 20 U.S.C. §§ 7181-7814

1. Imposes restric�ons on smoking in facili�es where federally funded children's services are provided. HHS grants are subject to these requirements only if they meet the Act's specified coverage. The Act specifies that smoking is prohibited in any indoor facility (owned, leased, or contracted for) used for the rou�ne or regular provision of kindergarten, elementary, or secondary educa�on or library services to children under the age of 18. In addi�on, smoking is prohibited in any indoor facility or por�on of a facility (owned, leased, or contracted for) used for the rou�ne or regular provision of federally funded health care, day care, or early childhood development, including Head Start services to children under the age of 18. The statutory prohibi�on also applies if such facili�es are constructed, operated, or maintained with federal funds.

K. Rights to Inven�ons Made Under a Contract or Agreement: 37 CFR § 401

1. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resul�ng inven�on in accordance with 37 CFR part 401, “Rights to Inven�ons Made by Nonprofit Organiza�ons and Small Business Firms Under Government Grants, Contracts and Coopera�ve Agreements,” and any implemen�ng regula�ons issued by the awarding agency.

L. Small, Minority, Woman-owned, Labor Surplus Business Area: 45 CFR § 75.330

1. Contractor must take affirma�ve steps to ensure that small, minority, woman-owned, and labor surplus businesses are used when possible in the performance of this Contract. Affirma�ve steps shall include, but not limited to, the following:

i. Make informa�on on forthcoming opportuni�es available and arrange �me frames for purchases and contracts to encourage and facilitate par�cipa�on by minority, small, disadvantaged, and woman-owned business enterprises;

ii. Encourage contrac�ng with consor�ums of small businesses, minority-owned, disadvantaged, and woman-owned business enterprises when a contract is too large for one of these firms to handle individually;

iii. Use the services and assistance, as appropriate, of such organiza�ons such as the Small Business Administra�on and the U.S. Department of Commerce’s Minority Business Development Agency in the solicita�on and u�liza�on of small businesses, minority-owned businesses, and woman-owned businesses;

iv. Establish delivery schedules, where the requirements permit, which encourages par�cipa�on of qualified businesses;

v. Require subcontractors to flow through these requirements.

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

Proposer Name (Printed)

By (Authorized Signature of Person with Authority to Obligate the Pro poser), and Date

Printed Name Title of Person Signing