BOR_Terms_and_Conditions.pdf

BUREAU OF RECLAMATION TERMS AND CONDITIONS

1. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

1.1 Tucson shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352; 42 U.S.C. § 2000d), the Rehabilitation Act of 1975 (P.L. 93-112, Title V, as amended; 29 U.S.C.

§791, et seq.), the Age Discrimination Act of 1975 (P.L. 94-135, Title Ill; 42 U.S.C. § 6101, et seq.), Title Ill of the Americans with Disabilities Act of 1990 (P.L. 101-336; 42 U .S.C. § 12181, et seq.), and any other applicable civil rights laws, and with the applicable implementing regulations and any guidelines imposed by the U.S. Department of the Interior and/or Bureau of Reclamation.

1.2 These statutes prohibit any person in the United States from being excluded from participation in, being denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation on the grounds of race, color, national origin, disability, or age. By executing this SCIA, Tucson agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents.

1.3 Tucson makes this SCIA in consideration of and for the purpose of obtaining any and all Federal funding extended after the date hereof to Tucson by the Bureau of Reclamation, including installment payments after such date. Tucson recognizes and agrees that such Federal funding will be extended in reliance on the representations and agreements made in this Article, and that the United States reserves the right to seek judicial enforcement thereof.

1.4 Complaints of discrimination against Tucson shall be investigated by the Contracting Officer's Office of Civil Rights.

2. CERTIFICATION OF NONSEGREGATED FACILITIES

2.1 Tucson hereby certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location under its control where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. Tucson agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in this SCIA. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, disability, or otherwise. Tucson further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ I 0,000 which are not exempt from the provisions of the Equal Employment Opportunity clause; that it will retain such certifications in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods).

3.

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATIONS OF NONSEGREGATED FACILITIES

A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001.

DA VIS-BACON AND RELATED ACTS REQUIREMENTS

3.1 As of October 23, 2023, the Davis-Bacon and Related Acts (DBRA) (29 CFR parts I, 3, and 5), requires that all contractors and subcontractors performing construction, alteration, and repair work under federal contracts in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage and fringe benefits for the geographic location. For construction of the Project described in Article 6, Tucson shall comply with the prevailing wage at the "site of work" as defined by DBRA and as described in Exhibit E attached herein.

4. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE

22.1 Subject to any waivers the Secretary may authorize, as of May 14, 2022, Sections 70911-70917 of Pub. L. 117-58, known as the Build America, Buy America provisions, institute a domestic procurement preference for federal financial assistance that may fund an infrastructure project. Tucson shall comply with the domestic procurement preference of the Build America, Buy America requirements provided in Exhibit F attached herein as they may apply to this SCIA.

5. THIRD PARTY BENEFICIARIES

5.1 This SCIA is not intended, nor shall it be construed to create any third-party beneficiary rights to enforce the terms of this SCIA in any person that is not a Party.

6. RULES, REGULATIONS, AND DETERMINATIONS

6.1 The Contracting Officer shall have the right to make, after an opportunity has been offered to Tucson for consultation, rules and regulations consistent with the provisions of this SCIA and the laws of the United States and to modify such rules and regulations as the Contracting Officer may deem proper and necessary to carry out this SCIA, and to supply necessary details of its administration which are not covered by express provisions of this SCIA. Tucson shall observe such rules and regulations.

BUREAU OF RECLAMATION TERMS AND CONDITIONS