Federal Provisions.docx
DOCX document 36 KB Posted
- Solicitation number
- RFQ 751 180000000566 1
- Issued by
- Michigan
About this file
This is a Federal Provisions Addendum applicable to state and local contracts that may be funded in whole or in part with federal government funds. The document outlines mandatory compliance requirements that apply only when federal funding is involved and establishes that federal provisions take precedence over state terms and conditions in cases of conflict. The addendum addresses four primary areas of federal compliance: adherence to Clean Air Act and Federal Water Pollution Control Act standards for contracts exceeding $150,000, verification that contractors are not listed on the System for Award Management (SAM) exclusions list to ensure no debarred or suspended parties receive contract awards, certification requirements under the Byrd Anti-Lobbying Amendment for contracts exceeding $100,000, and procurement standards for recovered materials consistent with the Resource Conservation and Recovery Act. No specific project details, timelines, award dates, or contract terms are provided in this document.
The addendum requires contractors to comply with federal environmental standards, maintain an affirmative procurement program for items containing the highest percentage of recovered materials when purchases exceed $10,000, and maximize energy and resource recovery in solid waste management services. Contractors must report any violations of applicable standards to the federal awarding agency and the Environmental Protection Agency's regional office. The document does not specify pricing terms, set-asides, incumbent information, or funding amounts; rather, it serves as a template of federal requirements that conditionally apply based on contract value thresholds and the presence of federal funding.
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Other files
| File | Type | Posted |
|---|---|---|
| RFQ St. Charles Gravel 4-18-18.doc | DOC document | |
| Standard Contract Terms - One Time Purchase.docx | DOCX document |
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Addendum – Federal Provisions
The provisions in this addendum may apply if the purchase will be paid for in whole or in part with funds obtained from the federal government. If any provision below is not required by federal law for this Contract, then it does not apply and must be disregarded. If any provision below is required to be included in this Contract by federal law, then the applicable provision applies and the language is not negotiable. If any provision below conflicts with the State’s terms and conditions, including any attachments, schedules, or exhibits to the State’s Contract, the provisions below take priority to the extent a provision is required by federal law; otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law.
1. Clean Air Act
If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387). Violations must be reported to the federal awarding agency and the regional office of the Environmental Protection Agency.
2. Debarment and Suspension
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 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.
3. Byrd Anti-Lobbying Amendment
If this Contract exceeds $100,000, bidders and the Contractor must file the certification required under 31 USC 1352.
4. Procurement of Recovered Materials
Under 2 CFR 200.322, 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.
I have received and read the above Federal Terms for procurement involving the use of Federal Funds.
| _______________________________________ | __________ | |
| Vendor Contact | Date |
Vendor Company Name Company Address City, State and Zip Telephone Number Email Address
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