Exhibit.FederalContractProvisions.HUD_10.22.26.pdf
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- Solicitation number
- PD 26-27.008
- Issued by
- Escambia County, Florida
About this file
This document is a Required Contract Provisions exhibit for contracts funded by federal awards, specifically applicable to HUD-funded projects, and implements the requirements of 2 C.F.R. Part 200, Appendix II. The exhibit establishes mandatory contractual provisions for the CDBG-DR ECAT Bus Shelter Manufacturing Project HS018 in Escambia County, Florida, which involves the manufacture and delivery of ninety-one (91) bus shelters for Escambia County Area Transit (ECAT). The document does not specify response dates, due dates, site visits, bidder's meetings, award dates, or contract term details, as it serves as a standard exhibit of federal compliance requirements rather than a project solicitation document.
The exhibit imposes extensive federal compliance obligations on contractors, including provisions for administrative remedies, termination clauses, Equal Employment Opportunity requirements under Executive Order 11246, Davis-Bacon Act compliance for construction contracts exceeding $2,000, Contract Work Hours and Safety Standards Act compliance for contracts over $100,000, debarment and suspension certification, anti-lobbying certifications, environmental compliance (Clean Air Act and Federal Water Pollution Control Act for awards exceeding $150,000), E-Verify employment verification, records retention for six years, Title VI Civil Rights Act compliance, and Section 3 of the Housing and Urban Development Act of 1968 preferences for low- and very low-income persons. Additional requirements address intellectual property rights, domestic preferences for procurements, safeguarding of sensitive information, IT security and privacy training, prohibition on covered telecommunications equipment, and compliance with the Buy America Preferences for infrastructure projects. The document provides no information regarding pricing, set-asides, incumbents, or specific funding amounts, as these provisions are standard federal requirements applicable to all HUD-assisted contracts regardless of value or scope.
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Text version
Revised 10/22/26
REQUIRED CONTRACT PROVISIONS FOR CONTRACTS FUNDED BY FEDERAL
AWARDS (2 C.F.R. Part 200, Appendix II) (HUD)
A. Contracts for more than the simplified acquisition threshold 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.
B. Contracts in excess of ten thousand dollars ($10,000) must address termination for cause and for convenience by the non-Federal entity including the manner by which it shall be effected and the basis for settlement.
C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R.
Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. Part 60-1.3 must include the following equal opportunity clause provided under 41 C.F.R. Part 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor shall take affirmative action to ensure applicants are employed, and 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, the following:
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. 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.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=41CFRS60-1.4&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VB&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category)#co_pp_a83b000018c76 https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=CA&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=l&pubNum=0001037&cite=UUID(IB387DB7056DC11DAAF82C7913788E36E)&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=CP&fi=co_pp_sp_1037_12319&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category)#co_pp_sp_1037_12319 https://1.next.westlaw.com/Link/Document/FullText?findType=l&pubNum=0001037&cite=UUID(IB387DB7056DC11DAAF82C7913788E36E)&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=CP&fi=co_pp_sp_1037_12319&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category)#co_pp_sp_1037_12319 https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1967087421&pubNum=0001043&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=CA&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=CA&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge; is 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.
4. The Contractor shall send to each labor union or representative of workers with which there is a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to the Contractor’s books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part; and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor.
The Contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, in the event a Contractor https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1965078314&pubNum=0001043&originatingDoc=NED246E60589411E5B5F6DD50F6DEFBEE&refType=CA&originationContext=document&transitionType=DocumentItem&ppcid=1649f29f746c4521afed70e8a19abbd3&contextData=(sc.Category) becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
D. Davis-Bacon Act. When required by Federal program legislation, all prime construction contracts in excess of two thousand dollars ($2,000) awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141–3144 and 3146–3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, if applicable, the Contractor shall 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, the Contractor shall be required to pay wages not less than once a week. The non-Federal 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 non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The Contractor shall also be required to comply with the Copeland “Anti–Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. 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 works, to give up any part of the compensation to which said individual is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
E. Contract Work Hours and Safety Standards Act. Where applicable, all contracts awarded by the non-Federal entity in excess of one hundred thousand dollars ($100,000) that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). If applicable, under 40 U.S.C. § 3702 of the Act, the Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must 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.
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F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 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 said “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. 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.
G. Clean Air Act and the Federal Water Pollution Control Act. Contracts and subgrants of amounts in excess of one hundred and fifty thousand dollars ($150,000) must contain a provision that requires the non-Federal award to agree to 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (“EPA”). If applicable, the Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. The Contractor also agrees to include these requirements in each subcontract in excess of one hundred and fifty thousand dollars ($150,000) paid in whole or in part with federal assistance.
H. Debarment and Suspension. A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (“SAM”), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor hereby certifies it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any federal department or agency. The Contractor also certifies that the Contractor shall require the language of this certification be included in all lower tier subcontracts, purchase orders, and other lower tier transactions, and all such subrecipients shall certify and disclose accordingly.
Contractors must ensure they, their principals, and any subcontractors are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federally funded transactions by any federal department or agency.
Compliance with this requirement includes:
1. Verifying the eligibility status of the Contractor and its principals prior to contract award;
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2. Checking the System for Award Management (“SAM”) or other applicable federal databases to confirm no parties are excluded from participation;
3. Including a requirement in all subcontracts that subcontractors certify compliance with Suspension and Debarment requirements;
4. Monitoring subcontractor compliance with these requirements throughout the term of the contract; and
5. Taking appropriate action, up to and including termination, if a Contractor or subcontractor is found to be in violation of these requirements.
I. Certification for Disclosure of Lobbying Activities (Byrd Anti-Lobbying Amendment). Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required certification. Each tier certifies to the tier above it shall not and has not used Federally 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. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
If applicable, the Contractor certifies: (1) no federally appropriated funds have been paid or shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a member of the Florida Legislature, 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. (2) If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Contractor shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities”. 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 Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The Contractor also certifies by signing this Agreement that the Contractor shall require the language of this certification be https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=31USCAS1352&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) included in all lower tier subcontracts, which exceed one hundred thousand dollars ($100,000) and that all such subrecipients shall certify and disclose accordingly.
J. Procurement of Recovered Materials (2 C.F.R. § 200.323). A non-Federal entity that is a state agency or agency of a political subdivision of a state and its 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 C.F.R. 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 ten thousand dollars ($10,000) or the value of the quantity acquired during the preceding fiscal year exceeded ten thousand dollars ($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.
K. Prohibition on Covered Telecommunications Equipment/Services (2 C.F.R. § 200.216). Pursuant to Section 889, Public Law No.: 115-232 and 2 C.F.R. § 200.216, a non-federal entity, its contractors and subcontractors shall not use loan or grant funds from the federal awarding agency to: (1) procure or obtain covered telecommunications equipment or services; (2) extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) enter into a contract, or extend or renew a contract, to procure or obtain covered telecommunications equipment or services. This provision shall not be construed to: (a) prohibit providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(b) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
As described in Section 889, Public Law No.: 115-232, “Covered telecommunications equipment or services” means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; and (5) Systems that use covered https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=2CFRS200.323&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VP&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=2CFRS200.323&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VP&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=2CFRS200.323&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VP&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=2CFRS200.322&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VP&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
L. Domestic Preferences for Procurements (2 C.F.R. § 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, 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 award. For purposes of this section: 1) “Produced in the United States” means, for iron and steel products, all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and 2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
M. Safeguarding of Sensitive Information (2 C.F.R. § 200.303). The organization shall protect all sensitive information obtained, created, maintained, or transmitted in connection with federally funded programs, contracts, and grant agreements. Sensitive information includes, but is not limited to, personally identifiable information (“PII”), confidential or proprietary information, and Controlled Unclassified Information (“CUI”), where applicable. Appropriate administrative, technical, and physical safeguards shall be implemented to prevent unauthorized access, use, disclosure, alteration, loss, or destruction of such information. Access shall be limited to authorized individuals with a legitimate business need. Any actual or suspected loss, unauthorized disclosure, or security incident involving sensitive information shall be reported promptly in accordance with applicable federal agency requirements, contractual provisions, and organizational policies. The organization shall ensure employees, contractors, and subcontractors comply with applicable safeguarding, confidentiality, records retention, and information security requirements, including any required flow-down provisions. These requirements shall be implemented consistent with applicable federal laws and regulations, including 2 CFR § 200.303 and any applicable agency-specific contract clauses.
N. Information Technology Security and Privacy Training. The organization shall ensure all employees, contractors, subcontractors, and other authorized users who access federal information systems, personally identifiable information (“PII”), protected health information (“PHI”), criminal justice information systems (“CJIS”), payment card industry data security standard (“PCI DSS”), or any information that could be deemed as sensitive or protected, complete applicable Information Technology (“IT”) Security Awareness and Privacy Training before being granted access and at least annually thereafter, or as otherwise required by the applicable federal awarding agency or contract.
Training shall address applicable compliance regulations, security responsibilities, https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=2CFRS200.322&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=VP&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.Category) protection of sensitive and confidential information, appropriate identification and handling of sensitive data, password and access management, phishing and other cybersecurity threats, prevention of unauthorized disclosure, and procedures for reporting suspected security incidents or privacy breaches. The organization shall maintain documentation of training completion and provide evidence of compliance upon request.
Applicable training requirements shall be incorporated into subawards and subcontracts when required by the governing federal award or contract. These requirements shall be implemented in accordance with applicable federal laws, regulations, Office of Management and Budget (“OMB”) guidance, and agency-specific contractual requirements, including FAR 52.224-3, Privacy Training, where applicable.
OTHER REQUIRED CONTRACT PROVISIONS:
A. Compliance with Federal Law, Regulations, and Executive Orders. All or a portion of this Agreement may be funded by federal financial assistance. The Contractor shall comply with all applicable Federal laws, regulations, executive orders, policies, procedures and directives.
B. No Obligation by Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligation or liability of any party to this Agreement or any other party pertaining to any matter related to this Agreement.
C. Program Fraud and False or Fraudulent Statements or Related Acts. As applicable, the requirements of 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) shall apply to a Contractor’s actions pertaining to the performance of this Agreement.
D. E-Verify. The Contractor shall register with and utilize the E-Verify System to verify the employment eligibility of individuals to work in the United States and 48 C.F.R. 52.222- 54 is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the Contractor must: (1) enroll in the E-Verify Program;
(2) use E-Verify to verify the employment eligibility of all new hires working in the United States; (3) use E-Verify to verify the employment eligibility of all employees assigned to perform work pursuant to the Agreement; and (4) include these requirements in any related subcontracts. Information on the E-Verify Program can be found at:
http://www.dhs.gov/E-Verify.
E. Rights in Copyright and Data. The Contractor shall:
1. Grant the Federal Government a royalty-free, nonexclusive and irrevocable right to:
i. Reproduce, publish, or otherwise use for Federal purposes any work that is subject to copyright and that the Contractor develops, or acquires ownership of, under this award;
http://www.dhs.gov/E-Verify
ii. Authorize others to reproduce, publish, or otherwise use such work for Federal purposes; and
2. Grant the Federal Government the right to:
i. Obtain, reproduce, publish, or otherwise use data produced under this award;
ii. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes; and
3. Include the Federal Government rights described above in any subcontracts.
F. Access to Records. For any contract in excess of the simplified acquisition threshold, the Contractor shall provide access to any books, documents, papers, and records which are directly pertinent to the Agreement to enable and support audits, examinations, excerpts, and transcriptions. The Contractor shall provide access to those records for all of the following:
1. The non-Federal award recipient;
2. The Federal awarding agency, including its Inspector General; and
3. The Comptroller General of the United States.
G. Records Retention. For contracts in excess of the simplified acquisition threshold, the Contractor shall provide for retention of all records related to the Agreement for six
(6) years after receiving final payment and all pending matters are closed.
H. Affirmative Steps. Pursuant to 2 C.F.R. § 200.321, the non-Federal entity and each contractor awarding subcontracts must take all necessary affirmative steps to assure minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
I. Buy America Preferences for Procurements (2 C.F.R. Part 184). The Buy America Preference 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. Contractors and their subcontractors who bid on a public infrastructure project subject to the domestic preference requirement of the Build America, Buy America Act (“BABAA”) shall file the required certification unless a domestic preference requirement has been waived by the awarding federal agency. Contractors and their subcontractors shall ensure all construction materials used in the infrastructure project are “produced in the United States” in accordance with the requirements of the BABAA. Contractors and their subcontractors shall also disclose any use of federal financial assistance for infrastructure projects not in compliance with the BABAA domestic preference requirements.
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964:
The Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract or agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this Agreement.
SECTION 3 CLAUSE:
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are Subrecipients of HUD assistance for housing.
B. The Contractor agrees to comply with HUD’s regulations in 24 C.F.R. Part 75, which implement Section 3. As evidenced by the execution of this contract, the Contractor certifies it is under no contractual or other impediment that would prevent compliance with Part 75 regulations.
C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.
D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 75. The Contractor shall not subcontract with any subcontractor where the Contractor has notice or knowledge the subcontractor has been found in violation of the regulations in 24 C.F.R.
Part 75.
E. The Contractor shall certify any vacant employment positions, including training positions, that are filled: (1) after the Contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 C.F.R.
Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 C.F.R. Part 75.
F. Noncompliance with HUD’s regulations in 24 C.F.R. Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that, to the greatest extent feasible: (1) preference and opportunities for training and employment shall be given to Indians; and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).
Signature:
Date:
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