RFP 2300000001980 Federal Provisions Addendum.docx

DOCX document 70 KB Posted

Attached to
Plumbing Supplies and Services
Solicitation number
RFP 171 230000001980 5
Issued by
Michigan

About this file

This is a Federal Provisions Addendum document issued by the State of Michigan through Michigan.gov/MiProcurement for RFP 2300000001980. The addendum establishes the contractual framework for procurements that may be funded in whole or in part by federal government funds. The document outlines the State's authority to append federal contractual requirements to the primary contract through Change Notices as necessary to maintain compliance with federal funding regulations, particularly those outlined in Title 2 of the Code of Federal Regulations Part 200 and its appendices governing contracts under federal awards.

The addendum includes mandatory certification requirements for contractors, specifically the Byrd Anti-Lobbying Certification (Appendix A, 44 C.F.R. Part 18), which must be completed for any purchase exceeding $100,000 funded by federal appropriations. The certification requires contractors to affirm that no federal funds have been or will be used to influence government officials or Members of Congress in connection with the federal contract award. Contractors must also disclose any non-federal funds used for lobbying purposes using Standard Form-LLL. The certification applies to all subrecipients and subcontractors at all tiers. Failure to submit required certifications results in civil penalties ranging from $10,000 to $100,000 per violation, and certifications are subject to the False Claims Act provisions under 31 U.S.C. Chapter 38. The contractor's authorized official must sign and date the certification, attesting to its truthfulness and accuracy.

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Michigan.gov/MiProcurement Federal Provisions AddenduM Contractor acknowledges and agrees that the State may utilize funds obtained from the federal government which may have additional contractual requirements. Contractor agrees that, if the State determines that federal rules or regulations require the appendage of specific contractual language to this Contract related to specific types of federal funding, including but not limited to Title 2 of the Code of Federal Regulations (C.F.R.) Part 200 and Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Contractor agrees to, through a Contract Change Notice, append such required contractual language to this Contract if reasonably necessary to keep the State and Contractor in compliance with federal funding requirements and comply with the terms set forth therein.

EXHIBIT 1

BYRD ANTI-LOBBYING CERTIFICATION

Contractor must complete this certification if the purchase will be paid for in whole or in part with funds obtained from the federal government and the purchase is greater than $100,000.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, 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 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 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 documents for all 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 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. C. 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 Contractor, enter contractor name here, 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. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

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