Federal_Funding.pdf

FEDERAL FUNDING (APPENDIX II TO 2 CFR PART 200)

All purchases involving the expenditure of federal, whether full or partial, funds must be compliant with Appendix II to 2 CFR Part 200. The following certifications and provisions are required and apply when HCPS expends federal funds for any purchase resulting from this Agreement. HCPS will follow §§ 200.318 through 200.327 of the general procurement standards. Contract provisions for any agreement that involves, receives, or utilizes Federal Grants funding, must state that the following terms and conditions shall be a part of this Agreement, and the Contractor accepts and acknowledges that it is compliant and will continue to comply with the applicable terms and conditions for the term.

1.1 RIGHTS TO INVENTIONS

Any “funding agreement” entered into for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government under 37 CFR, Section 401.2 (a) and HCPS 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 the “funding agreement,” must comply with the requirements of 37 CFR, 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.

1.2 SECTION 200.216 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

(a) Recipients and sub-recipients are prohibited from obligating or expending loan or grant funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For 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). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that 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.

1.3 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR

SURPLUS AREA FIRMS

Per 2 CFR § 200.321 the Contractor, if subcontracts are to be let, must take the following affirmative steps:

• Place qualified small and minority businesses and women's business enterprises (SMWBE) on solicitation lists;

and

• assure that SMWBEs are solicited whenever they are potential sources; and

• Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by SMWBEs; and

• Establish delivery schedules, where the requirements permit, which encourage participation by SMWBE; and

• Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

1.4 DOMESTIC PREFERENCES FOR PROCUREMENTS

To the extent applicable, the Contractor certifies that, during the term of this Agreement, will comply with the applicable requirements of 2 CFR Section 200.322. As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause:

Hillsborough County Public Schools Page 2 of 4 Federal Certifications (Appendix II TO 2 CFR Part 200) (Rev. 02/09/2023)

Produced in the United States means, iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean 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.

PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS OVER $10,000

1.5 TERMINATION

Either party may terminate this Agreement by giving the other party at least thirty (30) days’ written notice of its intent to terminate. In the event such termination is effective during the term (including any renewal period), HCPS shall be responsible for compensating the Contractor for the satisfactorily provided commodities and contractual services performed before the date of termination and the Contractor will be responsible to HCPS to continue to provide the commodities and contractual services until the date of termination of this Agreement.

1.6 SECTION 200.323 - PROCUREMENT OF RECOVERED MATERIALS

The Contractor 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 the guidelines of the Environmental Protection Agency (EPA) at 40 CFR 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 $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $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.

PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS OVER $25,000

1.7 DEBARMENT AND SUSPENSION

Per 2 CFR 180.220, a contract award must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), per the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” The Contractor certifies that it complies with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. Per 2 CFR part 180 that implements Executive Orders 12549 and 12689. Furthermore, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS OVER $100,000

1.8 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S. CODE 3701-3708)

HCPS-awarded contracts exceeding $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S. Code 3702 of the Act, the Contractor must compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work hours exceeding the standard workweek are permissible if 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 more than forty (40) hours in the workweek.

1.9 BYRD ANTI-LOBBYING AMENDMENT

The Contractor must file the required certification that it will 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. The Contractor 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. The undersigned Contractor representative certifies to the best of their knowledge that:

• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, 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

Hillsborough County Public Schools Page 3 of 4 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• If any funds other than federally 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, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” per its instructions.

• The undersigned shall require that the language of this certification is included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

• This certification is a material representation of the 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 this transaction imposed by 31, U.S.C. Section 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

• The undersigned Contractor representative certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C., Section 3801 et seq., apply to this certification and disclosure if any.

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PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS OVER $150,000

1.10 CLEAN AIR ACT (42 U.S. CODE 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C.

1251-1387)

As amended— the Contractor must comply with all applicable standards, orders, or regulations issued under 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).

PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS OVER $250,000

1.11 REMEDIES FOR VIOLATION OR BREACH OF CONTRACT

The Contractor agrees to the use of liquidated damages in the event the Contractor fails to perform per the provisions herein. On the occasion where the Contractor is in default of the contract, or any material provision thereof, or fails to remedy any deficiency in performance, HCPS may procure the commodities and contractual services from an alternative source and hold the Contractor financially responsible for any excess costs incurred. The difference between the proposed price of the Services and the actual price paid may be deducted from any current or future obligations owed to the Contractor. In addition, a default will result in the termination of the contract and a prohibition against future business with HCPS for a term of not less than two (2) years.

[INTENTIONALLY BLANK. THE SIGNATURE PAGE FOLLOWS.]

Hillsborough County Public Schools Page 4 of 4

THE SIGNATURE ACKNOWLEDGES THAT THE PROPOSER HAS READ THIS SECTION BEFORE SUBMITTING A PROPOSAL AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS PER THE STATED REQUIREMENTS AND IS

SUBMITTING A BID WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL OR FIRM.

Solicitation Number and Name

Organization Name

Print Name/Title

Signature Date