Federal Terms for Contracts - Federal Grants 2022.docx
DOCX document 49 KB Posted
- Attached to
- ODFW The Dalles Shop Snowmobiles
- Solicitation number
- S-63500-00008874
- Issued by
- Wasco County, Oregon
About this file
The document is a set of Federal Terms and Conditions for Non-Federal Entity Contracts Under Federal Awards. It outlines various federal laws, regulations, and requirements that contractors must comply with when entering into federally funded contracts, including provisions related to the simplified acquisition threshold, termination for cause and convenience, equal employment opportunity, the Contract Work Hours and Safety Standards Act, rights to inventions, debarment and suspension, the Byrd Anti-Lobbying Amendment, and the procurement of recovered materials.
The document also includes other provisions required by federal law, such as the enhancement of recipient and subrecipient employee whistleblower protection, the prohibition on members of Congress making contracts with the federal government, and the encouragement of policies banning text messaging while driving. The related state and local contract opportunity is for the Oregon Department of Fish and Wildlife to purchase used snowmobiles for their The Dalles Screen shop, under the authority of Oregon Revised Statutes 125-247-288, and involves the jurisdiction of Wasco County.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Notice of Intent to Award 8874.pdf | ||
| The Dalles Shop Snowmobile Bid form.docx | DOCX document | |
| Bid Tally Sheet~1.pdf | ||
| Purchase_Order TC~34.xlsx | XLSX spreadsheet | |
| The Dalles shop Snowmobile Specs.docx | DOCX document | |
| RFP 20075_Addendum_Five_clean_(2-26-24)~1.pdf | ||
| OregonBuys_RegistrationGuide~55.pdf |
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Text version
EXHIBIT (insert number)
FEDERAL TERMS AND CONDITIONS
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Without limiting the general requirement of Article 18 (Compliance of state and federal law) of this Agreement, Contractor is responsible to comply with the following federal laws, executive orders and regulations, as applicable. All subcontracts or lower-tier contracts entered into by Contractor shall contain the following provisions, requiring the lower-tier contractor to comply with such provisions, to the extent such lower-tier agreements are allowed by ODFW:
Appendix II to Part 200
| (A) | Simplified Acquisition Threshold. Contracts for more than the simplified acquisition threshold, 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 of 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 effected and the basis for settlement. |
| (C) | Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” |
| (D) | 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. |
| (E) | 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, “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. |
| (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 governmentwide 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. |
| (G) | Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must 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 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. |
| (H) | See §200.322 Procurement of recovered materials. 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 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 by 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. |
Other Provisions Required by Federal Law:
A. 41 USC §4712 Enhancement of Recipient and Subrecipient Employee Whistleblower Protection:
1. Contracts over the simplified acquisition threshold and all employees working on related subcontracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712.
2. Contractors awarded over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protection under 41 U.S.C. 4712.
3. Contractor shall insert this clause, including paragraph 3 in all subcontracts over the simplified acquisition threshold related to this award.
B. 41 USC §6306 Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to Congress or Resident Commissioner shall be admitted to any share of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.
C. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving: Contractors are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the Order.
ODFW Tracking # ODFW-173-22 2022 Drought Media Buy
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