Federal_Contract_Provisions.pdf
PDF 316 KB Posted
- Attached to
- ITB# 202536 Purchase of Submersible Pumps and Control Panel to Upgrade Pump Station #22 - RE-BID
- Solicitation number
- 202536
- Issued by
- Miami-Dade County, Florida
About this file
This is a Federal Contract Provisions document issued by the City of Homestead, Florida in conjunction with the U.S. Department of Housing and Urban Development (HUD) for ITB #202536, which involves the purchase and delivery of three submersible sewage pumps (Flygt NP-3202 MT 3-643 model), associated motors and accessories, and one control panel with related services to upgrade Pump Station #22 located at 801 E. Mowry Drive. The scope of work includes shop drawing preparation, fabrication, and equipment delivery to serve a 200-acre area with approximately 10,000 residents. A non-mandatory pre-submittal meeting is scheduled for September 16, 2025, with sealed bids due on September 30, 2025 at 2:00 pm EST. The contract is anticipated to be awarded in November 2025 to the lowest responsive, responsible bidder on an all-or-nothing basis. The pumps are specified for Class 1 Division 1 hazardous locations and include a one-year factory warranty.
The independent cost estimate for the project is $252,150.00, with funding provided through a $3,500,000 HUD grant under Agreement No. B-24-CP-FL-0624. All procurement must comply with federal regulations including 2 CFR Part 200, 24 CFR Parts 85 and 75, and related provisions. Contractors must adhere to Build America, Buy America Act requirements, mandating that all iron, steel, manufactured products, and construction materials be produced in the United States, with documentation maintained for three years following project completion. Section 3 of the Housing and Urban Development Act requirements apply, directing employment and economic opportunities to low- and very low-income persons in the project area. Comprehensive insurance requirements include commercial general liability, workers' compensation, and environmental impairment/pollution legal liability coverage. Additional compliance obligations encompass Equal Employment Opportunity, Davis-Bacon prevailing wage requirements, Contract Work Hours and Safety Standards, Byrd Anti-Lobbying Amendment certifications, debarment and suspension verification, and immigration compliance under the Immigration and Nationality Act.
View the file
Other files
Show all 11
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
REQUIRED CONTRACT CLAUSES FOR CONTRACTS UNDER FEDERAL AWARD
The following items must be reviewed, signed and uploaded as part of your electronic submittal.
Failure to complete and return form may result in your bid being deemed non-responsive and not considered for award.
2 C.F.R. § 200.327 & 2 C.F.R. PART 200, APPENDIX II, REQUIRED
CONTRACT CLAUSES FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
Bidders should be familiar with all statutory and regulatory requirements, including any waivers and alternative requirements that may be issued in the Federal Register. Bidder shall comply with all applicable requirements of Federal law, Regulations, and Executive Orders, and the FEMA Required Contract Provisions: Quick Reference Guide and the awarded contract shall include, but not limited to the following provisions:
(1) Equal Employment Opportunity:
CONTRACTOR shall comply with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 1 1375, "Amending Executive Order 1 1246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of this contract, CONTRACTOR agrees as follows:
1. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 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. 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. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. CONTRACTOR will 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 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, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR's legal duty to furnish information.
4. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. CONTRACTOR will 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. CONTRACTOR will 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf thereto, and will permit access to his 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 CONTRACTOR's noncompliance with the nondiscrimination clauses of the Purchase Order or with any of the said rules, regulations, or orders, this Purchase Order may be canceled, terminated, or suspended in whole or in part and 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. CONTRACTOR will 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 will be binding upon each subcontractor or vendor. CONTRACTOR will 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:
a. Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
b. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Purchase Order.
c. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(2) Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c):
1. Contractor. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Addendum.
2. Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
(3) Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7).
1. All transactions regarding the Purchase Order shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. CONTRACTOR shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
2. Contractors are 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.
3. Additionally, contractors are required to pay wages not less than once a week.
(4) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this Section, CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this Section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this Section.
3. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (1) of this Section.
4. Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this Section.
(5) Clean Air Act (42 U.S.C. 7401 et seq.)
1. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
(6) The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
1. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
(7) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above 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. Each tier shall 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 recipient who in turn will forward the certification(s) to the awarding agency.
(8) Debarment and Suspension (E.O.s 12549 and 12689).
1. The Purchase Order is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
3. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
4. CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while the Purchase Order is valid. CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.
(9) Procurement of Recovered Materials.
1. In the performance of the Purchase Order, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
a. Competitively within a timeframe providing for compliance with the contract performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
2. Information about this requirement, along with the list of EPA- designated items, is available at
EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
3. The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(10) Access to Records.
1. CONTRACTOR agrees to provide CITY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to the Purchase Order for the purposes of making audits, examinations, excerpts, and transcriptions.
2. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. CONTRACTOR agrees to provide the FEMA Administrator his authorized representatives access to construction or other work sites pertaining to the work being completed under the Purchase Order.
4. In compliance with the Disaster Recovery Act of 2018, the CITY and CONTRACTOR acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
(11) Use of DHS Seal, Logo, and Flags.
The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
(12) No Obligation by Federal Government.
Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(13) Program Fraud and False or Fraudulent Statements or Related Acts.
The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR’s actions pertaining to this contract.
(14) Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(15) CFR Part 200— Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as required by the provisions of 24 CFR Part 570.503 (b) (4) and 24 CFR Part 570.502.
(16) Compliance with Immigration and Nationality Act (INA).
Contractor hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)].
(17) Seat Belts Required.
Pursuant to Executive Order 13043, 62 FR 19217, Contractor shall adopt and enforce policies or https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Contractor and its employees while performing the Work.
(18) Texting While Driving Ban.
Pursuant to Executive Order 13513, 74 FR 51225, Contractor shall adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers.
(19) Publication.
Contractor shall obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN] awarded to the City of Homestead by the U.S. Department of the Treasury.”
(20) Reporting Conflict of Interests.
Contractor agrees to disclose in writing to the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112.
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as required by the provisions of 24 CFR Part 570.503 (b) (4) and 24 CFR Part 570.502.
PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
The procurement standards must be met in accordance with the following categories:
➢ Procurement by States and Indian Tribes (2 C.F.R. Part 200.317)
➢ General procurement standards (2 C.F.R. Part 200.318).
➢ Competition (2 C.F.R. Part 200.319).
➢ Methods of procurement (2 C.F.R. Part 200.320).
➢ Contracting with small and minority businesses, women’s business enterprises, and area labor surplus firms (2 C.F.R. Part 200.321).
➢ Domestic preferences for procurements (2 C.F.R. Part 200.322)
➢ Procurement of recovered materials (2 C.F.R. Part 200.323).
➢ Contract cost and price (2 C.F.R. Part 200.324).
➢ Federal awarding agency and pass-through entity review (2 C.F.R. Part 200.325).
https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part200.pdf https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part200.pdf
➢ Bonding requirements (2 C.F.R. Part 200.326).
➢ Contract provisions (2 C.F.R. Part 200.327 and Appendix II).
➢ Program administrative requirements (24 C.F.R. 570.489).
➢ Recordkeeping requirements (24 C.F.R. 570.490).
➢ Applicability of uniform administrative requirements (24 C.F.R. 570.502).
➢ Records to be maintained (24 C.F.R. 570.506).
➢ Public access to program records (24 C.F.R. 570.508).
➢ Grant closeout procedures (24 C.F.R. 570.509).
(21) Build America, Buy America (BABA) Requirements:
BABA requirements apply to all iron, steel, manufactured products, and construction materials permanently incorporated into the project.
Build America, Buy America Requirements. Contractor acknowledges that the Project being completed as part of the award from this solicitation is subject to the Build America, Buy America Act (“BABA”), enacted as part of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, and Contractor agrees to comply with BABA. Pursuant to BABA, Contractor is required to apply a domestic content procurement preference (the “Buy America preference” or “BAP”) for all iron, steel, manufactured products, and construction materials incorporated into the Project. All iron, steel, manufactured products and construction materials incorporated into the Project must be produced in the United States, including such materials installed by any subcontractors or suppliers. Definitions of iron, steel, manufactured products, and construction materials can be found in 2 CFR Part 184 and are incorporated herein by this reference. Additional information regarding BABA requirements and compliance may be found at: https://www.hudexchange.info/programs/baba/ and is incorporated herein by this reference.
Contractor shall certify in Attachment No. 4 that they have and will continue to comply with the BABA requirements for this Project.
A. Opinions, Estimates, and Prices: All opinions, estimates, or prices submitted by Contractor relating to this Project shall incorporate, be consistent with, and reflect compliance with BABA requirements.
B. Confirmation of Compliance: From the date of this Contract until three (3) years after the Project is completed, Contractor must obtain and maintain records sufficient to:
1. Track all product purchases relating to the Project in sufficient detail to identify the source of the funding for the purchase; and
2. Demonstrate compliance with BABA as follows:
a. For products purchased in compliance with the BAP, obtaining and maintaining documentation that the product complied with BAP requirements; and
b. For products purchased pursuant to a waiver or other exemption from the BAP, obtaining and maintaining adequate information to validate that the purchase was covered by a waiver or other exemption.
https://www.hudexchange.info/programs/baba/
c. For all iron, steel, manufactured products, and construction materials incorporated into the Project, Contractor shall, upon receipt of the same, obtain confirmation that the product or material was purchased in compliance with the BAP. Such confirmation must take one or more of the following forms:
i. A certificate from the manufacturer or reseller stating that the product complies with BABA;
ii. For products that cost less than $100 per product, a copy of a label that indicates the product was made in the United States; or
iii. For small purchases of product that are less than the Simplified Acquisition Threshold of $250,000 (see 2 CFR 200.320(a)(2), as may be adjusted from time to time, either a copy of a product specification that provides sufficient detail to conclude that the product complies with the BAP or a certification from a manufacturer or reseller of a product that confirms that the product is BABA compliant.
B. Termination for Failure to Comply: If at any time Contractor is unable to or fails to comply with the BAP, BABA, Contractor shall notify PHA immediately. Any such failure shall constitute a material breach of this Contract and shall constitute good cause for PHA to terminate this Contract.
C. Survival: The terms of this section shall survive the expiration or termination of this Agreement.
(22) Section 3 of the Housing and Urban Development Act (24 CFR § 75) 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 that the 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 in the project area.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.
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 will 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; 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.
The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
The contractor will certify that 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 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.
Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts.
Contractor agrees to comply with all federal, state and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that the Contractor read and understands all provisions, laws, acts, regulations, etc. as specifically noted above and certifies compliance with the same.
Vendor’s Name/Company Name:
Printed Name and Title of Authorized Representative:
Signature of Authorized Representative:
Date:
| 2 C.F.R. § 200.327 & 2 C.F.R. Part 200, Appendix II, Required Contract Clauses for Non-Federal Entity Contracts Under Federal Awards |
| Bidders should be familiar with all statutory and regulatory requirements, including any waivers and alternative requirements that may be issued in the Federal Register. Bidder shall comply with all applicable requirements of Federal law, Regulations,... |
File details come from the government source that posted it. Updated .