FEDERAL FUNDS ATTACHMENT.pdf

FEDERAL FUNDS ATTACHMENT

Because some federal funds finance the contract to which this form is attached, certain federal requirements and restrictions apply to the contractor.

1. Certification Regarding Lobbying Form (Exhibit 1 attached). Sign and return if applicable.

18 U.S.C. 1913 and Section 1352 of P.L. 101-121 require that all prospective and present subgrantees and subcontractors (this includes all levels of funding) who receive more than $100,000 in federal funds must submit the form “Certification Against Lobbying.” It assures, generally, that recipients will not lobby federal entities with federal funds, and that, as is required, they will disclose other lobbying on form SF- LLL.

2. Form SF-LLL, Disclosure of Lobbying Activities: must be submitted by those receiving more than $100,000 in federal funds, to disclose any lobbying of federal entities (a) with profits from federal contracts or (b) funded with nonfederal funds.

3. Uniform Guidance Pursuant to 2 C.F.R. part 200 and 45 C.F.R. part 75. The contractor must comply with all applicable provisions of 2 C.F.R. part 200 and 45 C.F.R. part 75.

4. Contract Provisions Required by 2 C.F.R. part 200 and 45 C.F.R. part 75. In accordance with 2 C.F.R. part 200 and 45 C.F.R. part 75, and in addition to other provisions required by the contract, the contract must contain provisions covering the following, as applicable:

A. Remedies. Contracts for more than the simplified acquisition threshold currently set at

$150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, 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. Termination for Cause and Convenience. All contracts in excess of $10,000 must address termination for cause and for convenience by the non–Federal entity including the manner by which it will be affected and the basis for settlement.

C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non–Federal entity in excess of $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 CFR part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that 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 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.

D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR 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 that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR part 401 and any implementing regulations issued by the awarding agency.

E. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act

(33 U.S.C. 1251–1387), as amended—Contracts and subgrants of amounts in excess of $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).

F. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award

(see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR part 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.” 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.

G. Procurement of Recovered Materials (45 C.F.R. § 75.331). 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 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.

5. No Discrimination. Contractors receiving federal funding must comply with certain anti-discrimination laws, as described below.

A. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. The HHS implementing regulations are codified at 45 CFR parts 84 and 85.

B. All subrecipients comply with Title VI of the Civil Rights Act of 1964. Title VI of the

Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The HHS implementing regulations are codified at 45 CFR part 80.

C. There may be no discrimination on the basis of age, according to the requirements of the Age Discrimination Act of 1975.

D. For any education program, as required by Title IX of the Education Amendments of 1972, there may be no discrimination on the basis of sex.

E. Limited English Proficiency - Recipients of Federal financial assistance must take reasonable steps to ensure that people with limited English proficiency have meaningful access to health and social services and that there is effective communication between the service provider and individuals with limited English proficiency. To clarify existing legal requirements, HHS published “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.” This guidance, which is available at http://www.hhs.gov/ocr/lep/revisedlep.html, provides a description of the factors that recipients should consider in determining and fulfilling their responsibilities to individuals with limited English proficiency under Title VI of the Civil Rights Act of 1964.

6. Acknowledgment of Federal Funding. As required by HHS appropriations acts, all HHS recipients must acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Recipients are required to state (1) the percentage and dollar amounts of the total program or project costs financed with Federal funds and (2) the percentage and dollar amount of the total costs financed by nongovernmental sources.

7. The Federal Funding Accountability and Transparency Act, as amended (“FFATA”).

Complete and return the attached form: Exhibit 2. FFATA requires that information on federal awards (federal financial assistance and expenditures) be made available to the public. For example, FFATA requires the submission of a Dun & Bradstreet Data

Universal Numbering System (DUNS) Number for the contractor. The FFATA Subaward Reporting System (“FSRS”) is the reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. The sub-award information entered in FSRS will be displayed on www.USASpending.gov. See the FSRS website for additional information:

https://www.fsrs.gov/

8. National Defense Authorization Act of 2019 (NDAA). The NDAA prohibits the use of federal funds to cover the cost of equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system or critical technology as part of any system. Section 889 of the NDAA defines “covered telecommunications or services” to mean telecommunications and video surveillance equipment or services produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). “Covered telecommunications equipment or services” also includes telecommunications or video surveillance equipment or services 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 that is owned or controlled by the government of a covered foreign country, i.e. The Republic of China.

http://www.usaspending.gov/ https://www.fsrs.gov/

Certification Regarding Lobbying

Certification for Contractors, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) 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 any 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 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 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, the undersigned shall complete and submit Standard Form LLL, “ Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 into this transaction imposed by Section 1352, Title 31, U.S. Code. 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.

Signature Title

Agency/Organization Date

STATE OF MARYLAND

Federal Funding Accountability and Transparency Act Sub-Recipient Data Sheet

Contractor must provide the following information along with Contractor’s signed contract. The State will not act on the contract until such time that Contractor provides such information.

Unique Entity ID Number

Unique Entity ID Number Unique Entity ID Number + 4 (if applicable)

[INSTRUCTIONS: On April 4, 2022, the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov). The Unique Entity ID is a 12-character alphanumeric ID assigned to an entity by SAM.gov. New entities can get their Unique Entity ID at SAM.gov. As part of this transition, the DUNS Number has been removed from SAM.gov.

Existing registered entities can find their Unique Entity ID by following the steps here.]

PRIMARY LOCATION

City State Zip+4

[INSTRUCTIONS: Contractor must provide to the State the primary location of performance under the award, including the city, State, and ZIP code including 4-digit extension. If performance is to occur in multiple locations, then Contractor must list the location where the most amount of the contract is to be expended pursuant to the contract.] Compensation of Officers

Officer 1 Name Officer 1 Compensation Officer 2 Name Officer 2 Compensation Officer 3 Name Officer 3 Compensation Officer 4 Name Officer 4 Compensation Officer 5 Name Officer 5 Compensation

[INSTRUCTIONS: Contractor must provide to the State the names and total compensation of the five most highly compensated officers of the entity if--

i. the entity in the preceding fiscal year received-

a. 80 percent or more of its annual gross revenues in Federal awards and

b. $25,000.000 or more in annual gross revenues from Federal awards: and

ii. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 18o(d)) or section 6104 of the Internal Revenue Code of 1986.

If the Contractor does not meet the conditions listed above, then it must specifically affirm to the State that the requirements of this clause are inapplicable to the Contractor.

By marking the following box, the Contractor affirms they do not meet the conditions for reporting highly compensated officials.

https://sam.gov/ https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0041254