General Terms and Conditions.docx

General Terms and Conditions –

Professional Services Contracts- Dependency on Federal Funds

An award resulting from this RFP is automatically canceled if federal funds under Coronavirus Capital Projects Fund and/or the NTIA Middle Mile Grant are not appropriated or otherwise made available to support the contract’s commencement or continuation of performance.

Compliance with Federal and State Laws and Requirements - Applicants should confirm their adherence to the following laws:

Civil Rights. All subrecipients are required to comply with all applicable civil rights compliance requirements as outlined in the SLFRF Reporting and Compliance Guidance and the NTIA Middle Mile NOFO.

Recipients of federal financial assistance from the Treasury and the NTIA are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23.

In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury and the NTIA will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury and NTIA’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that non-tribal recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status.

Broadband Infrastructure – Specific Reporting Requirements for Capital Projects Fund and NTIA Middle Mile Grant (contract or subgrant). The State is responsible for meeting compliance and reporting requirements contained in 2 CFR 200 and program-specific requirements for the Capital Projects Fund and the NTIA Middle Mile Grant. Applicant will be responsible for submitting all information to OSIT in a timely manner so the State can complete its reporting obligations. Detailed project level requirements will be required as described in the Capital Projects Fund compliance and reporting guidance and the NTIA Middle Mile NOFO. Requested information may include:

Projected/actual construction start date (month/year) Projected/actual initiation of operations date (month/year) Location For projects over $10 million (based on expected total cost):

Davis-Bacon Certification. A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-construction law (commonly known as “baby Davis-Bacon Acts”). If such certification is not provided, a recipient must provide a project employment and local impact report detailing:

The number of employees of contractors and sub-contractors working on the project.

The number of employees on the project hired directly and hired through a third party.

The wages and benefits of workers on the project by classification; and Whether those wages are at rates less than those prevailing. Recipients must maintain sufficient records to substantiate this information upon request.

Project Labor Agreement Substitute: A recipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing:

How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project, including a description of any required professional certifications and/or in-house training.

How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project.

How the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities, including descriptions of safety training, certification, and/or licensure requirements for all relevant workers (e.g., OSHA 10, OSHA 30).

Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and Whether the project has completed a project labor agreement.

Whether the project prioritizes local hires.

Whether the project has a Community Benefit Agreement, with a description of any such agreement.

The Applicant shall comply with all regulations issued pursuant to the above-referenced Acts and with all applicable federal and state laws and regulations.

Small, Minority, and Local Businesses: Applicants are to make best effort to identify the extent to which Small Businesses (SBs),Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), HUBZone Small Businesses, Small Disadvantaged Businesses (SDBs) Woman-Owned Small Businesses (WOSBs), Historically Black Colleges/Universities or Minority Serving Institutions (HBCU/MIs), Minority-Owned Businesses (MOBs), or Local (Nevada) Businesses (LBs) would be utilized in the performance of this proposed contract. For small businesses, as defined by the North American Industry Classification System (NAICS) code applicable to this RFP, NAICS code 541330 - Engineering Services, and HBCU/MI, MOB or LB the offeror’s own participation as a SB, VOSB, SDVOSB, HUBZONE SB, SDB, WOSB, HBCU/MI, MOB or LB is to be identified, and will be considered in evaluating the Socioeconomic Considerations, Location, and Value Added evaluation factor.

Whistleblower Protection Under the Recovery Act: The Applicant shall comply with the Whistleblower Protection requirements of the US Treasury Coronavirus Capital Projects Fund guidelines and the NTIA Middle Mile NOFO (see page 53) A, Title XV, Public Law 111-5 (for more information, see http://www.recovery.gov) which provides protection for employees of any other non-federal employers including employees of state and local governments, contractors, subcontractors, recipients and any other non-federal employers receiving Recovery Act fund recipients, making specified disclosures relating to possible fraud, waste, or abuse of Recovery Act funds.

Professional Liability Insurance: The Applicant shall provide the State Partners with proof of professional liability insurance. The professional liability insurance policy shall be in the same amount as the award value of the resulting contract under this RFP and shall entitle the State Partners to call upon the surety to complete the contract in one of two ways: (1) the surety and the State Partners can choose a new Applicant to complete the contract and the surety pays the costs; or (2) the State Partners alone choose to terminate the contract by selecting another Applicant and the surety pays the costs.

New Hire and Retained Full Time Equivalents: Awardees will be required to provide new hire and retained full-time equivalents on a quarterly basis within six (6) calendar days subsequent to the end of the quarter.

No Gifts and Gratuities Policy: The State Partners enforce a Code of Ethics policy that the State Partners and their staff are prohibited from accepting any favors or gratuities from contractors, potential contractors, sub-agreement parties, or from anyone that could potentially be involved in any aspect of The State Partner's business.

Certification Regarding Debarment: All proposals must be accompanied by a CD-512 Certifications Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion-lower Tier Covered Transactions and Lobbying signed by an authorized representative. The CD-512 is located here: CD-512.

Audits and Records Retention:

Audits. Each subrecipient is subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F or a program-specific audit, as the state establishes, for commercial entities.

Records Retention. Subrecipients must maintain records for a minimum of five years after full expenditure of all SLFRF funding. These records must be made available for inspection upon request.

Reporting Requirements. Subrecipients must complete requested financial and programmatic reports on a quarterly and annual basis. Additional reporting may be required as necessary.