Federal_Contract_Requirements_.pdf

NOTICE TO CONTRACTOR – HUD REQUIREMENTS

This project is funded with federal money through the Community Development Block Grant

(CDBG) Program of the U.S. Department of Housing and Urban Development (HUD) and is therefore subject to certain federal requirements.

This notice is intended to summarize the HUD specific requirements for this project. Detailed federal contracting requirements are located online at the HUD website (www.hud.gov). This summary does not relieve the Contractor from compliance with any federal contracting requirements.

1. Debarment List

No Contractor currently on the Federal Government’s “List of Current Exclusions” (debarment list) or on HUD’s “Limited Denial of Participation” list may be awarded any part of this contract.

For more information, visit https://www.hud.gov/program_offices/enforcement/compliance_faq

2. Registration in SAM database

All recipients of federal funds are required to have a UEI number and active registration in the

SAM database. Information on how to register (or to make sure your registration is current) is available here: https://sam.gov/content/entity-registration Contractors must have an active SAM registration to be considered.

3. Conflict of Interest

No employee, officer or agent of the Town of Manchester or subgrantee, shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest real or apparent, would be involved. Such a conflict would arise when:

i) The employee, officer or agent,

ii) Any member of his immediate family,

iii) His or her partner, or

iv) An organization which employs, or is about to employ, any of the above has a financial or other interest in the firm selected for award. The Town's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.

4. Inspection and Retainage of Records

The Contractor shall allow for access by the Owner, the U. S. Department of Housing and Urban

Development, the Comptroller General or any of their duly authorized representatives to any books, documents, papers, correspondence, construction drawings, receipts, vouchers, payrolls, and agreements with subcontractors which are duly pertinent to the Contract for the purpose of making audits, examinations, excerpts and transcripts. The Contractor shall preserve all such records for a period of three (3) years after the final payment hereunder.

https://www.hud.gov/program_offices/enforcement/compliance_faq https://sam.gov/content/entity-registration

5. Equal Employment Opportunity

Contractors must comply with Executive Order 11246 of September 24, 1965 entitled "Equal

Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor Regulation (41 CFR Part 60).

6. Section 3 Business Concerns

The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide training, employment, contracting and other economic opportunities to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low- and very low-income persons. For more information, visit https://www.hud.gov/section3 or the Section 3 brochure https://www.hud.gov/sites/documents/BR_BROCHURE.ENGLISH.PDF

7. Lobbying

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

Contractor, to any person for influencing an officer or employee of any agency, a

Member of Congress, and 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; and

b) 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report

Lobbying," in accordance with its instructions.

c) The Contractor will require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contracts shall certify and disclose accordingly.

8. Nondiscrimination in Employment

This contract is subject to the requirements of Executive Order 11246 “Equal Employment

Opportunity”. See https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm for more information.

9. Clean Air & Clean Water

Contractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33

U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40

CFR Part 15).

https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm

NOTICE TO CONTRACTOR – COMPLIANCE WITH FEDERAL REGULATIONS

The contractor and subcontractors agree to comply fully with the following legal provisions.

Title VI of the Civil Rights Act of 1964, as amended, and implementing regulations at 29 CFR part

31, which prohibits discrimination and requires provision of equal opportunity on the basis of race, color, or national origin (including language access for limited English proficient persons).

Section 504 of the Rehabilitation Act of 1973, as amended (including amendments made by the

Americans with Disabilities Act of 2008 [ADAAA]), and DOL’s implementing regulations at 29 CFR part 32, which prohibits discrimination and require provision of equal opportunity on the basis of disability.

Title IX of the Education Amendments of 1972, as amended, and implementing regulations at 29 CFR part 36, which prohibit discrimination and require provision of equal opportunity on the basis of sex in education and training programs.

Age Discrimination Act of 1975, as amended, and implementing regulations at 29 CFR part 35, which prohibit discrimination and require provisions of equal opportunity on the basis of age, but permit certain distinctions based on or related to age.

Build America, Buy America (BABA) Act Grantee must comply with the requirements of the Build

America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public

Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America

Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

Other civil rights laws are applicable and include, but are not limited to:

− Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national origin, religion, and sex discrimination in employment)

− Title VIII of the Civil Rights Act of 1968, as amended

− Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended

− Section 503 of the Rehabilitation Act of 1973, as amended

− The Age Discrimination in Employment Act of 1967, as amended

− Title II of the Genetic Information Nondiscrimination Act of 2008

− The Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended (U.S.C. 4212)

− Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086.

− The Americans with Disabilities Act (prohibiting disability discrimination in employment and in services provided by State and local governments, businesses, and non-profit agencies)

− The Fair Housing Act (prohibiting race, color, national origin, age, family status, and disability discrimination in housing), and their implementing regulations, as well as any other applicable civil rights laws.

The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Sub-recipient agrees to post in conspicuous places, available to employee and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

Applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called “Anti-Kickback Act” of June 13, 1934 (48 Stat. 984, Stat. 62, Stat. 862; Title 18

U.S.C. Sec. 874; and Title 40 U.S.C., Sec. 276C), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts, to insure compliance therewith by all subcontractors subject to, thereto, and shall be responsible for the submission of statements required of subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof.

Hatch Act states that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title

V United States Code.