S-21-26_REQUIRED_FEDERAL_PROVISIONS.pdf

Bid S-21-26

Required Federal Provisions / Page 1 of 7

BID S-21-26 / REQUIRED FEDERAL PROVISIONS

This document contains the clauses or certifications that will be incorporated into the subsequent

Construction Contract by reference, in accordance with the requirements for an FTA financial assistance award. Citation “MA 34” refers to the FTA Master Agreement version 34.

1. Federal Tax Liability and Recent Felony Convictions (MA 34 § 4(g))

a. Under the FTA Master Agreement, the contractor must certify to the recipient that it does not have any unpaid Federal tax liability and it has not been convicted of any Federal felony within the preceding 24 months.

2. Access to Records and Audits (49 U.S.C. § 5325(g), 2 CFR § 200.337 & MA 34 § 9

a. Beyond the record retention and access provisions in 2 CFR 200.334 – 200.338, 49

U.S.C. 5325(g) grants FTA, DOT officials, the U.S. Comptroller General, and their representatives the right to access and inspect all project-related records, documents, and papers, including contracts, funded with Federal assistance under

49 U.S.C. Chapter 53.

3. Changes to Federal Requirements (MA 34 § 3(i)(6))

4. Civil Rights, Nondiscrimination, and DBE Requirements (49 CFR §§ 26.13 and 26.29; MA

34 § 12))

5. Seat Belt Use (62 Fed. Reg. 19217, 23 U.S.C. § 402 note, Executive Order 1304 & MA 34

§ 34(a)

a. In compliance with Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April 16, 1997, 23 U.S.C. Section 402 note, FTA encourages each third-party contractor to adopt and promote onthe-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles

6. Distracted Driving (74 Fed. Reg. 51225, 23 U.S.C. § 402 note, Executive Order 13513, U.S. DOT Order 3902.10 & MA 34 §34(b))

a. Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text

Messaging While Driving,” October 1, 2009, 23 U.S.C. 402 note, and DOT Order

3902.10, “Text Messaging While Driving,” December 30, 2009, FTA encourages each third party contractor to promote policies and initiatives for its employees and other personnel that adopt and promote safety policies that to decrease crashes by distracted drivers, including policies to ban text messaging while driving

7. Prohibition on Covered Telecommunications and Video Surveillance Equipment or

Services (2 CFR 200.16, 2 CFR Appendix II (K))

8. Federal Tax Liability and Recent Felony Convictions (DOT Order 4200.6; MA 34 §

4(g)(2))

9. Special Notification Requirements for States (MA 34 §37)*

10. Domestic Preferences for Procurements (2 CFR 184, 2 CFR 200.322 & 2 CFR Appendix

II (L))

Required Federal Provisions / Page 2 of 7

a. Additionally, Contractors shall comply with all guidance regarding Build America, Buy America Act (BABA).

11. Procurement of Recovered Materials (40 CFR 247, 2 CFR 200.323 & 2 CFR Appendix II

(J))

12. Termination Clauses (2 CFR Appendix II (B))

a. The City may, without cause, and upon thirty (30) days’ written notice to the

Contractor, terminate this Agreement in whole or in part at any time, for the City’s convenience. Upon receipt of such notice, the Contractor shall:

i. Discontinue all services affected; and

ii. Deliver to the City within five (5) days all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this

Agreement, whether completed or in process.

iii. In the event of termination for convenience, the City will pay the Contractor for accepted work done and expenses incurred to the date of termination.

Such acceptance shall not be unreasonably withheld.

13. Notification of Fraud, Waste, Abuse, or Misconduct to the U.S. DOT Inspector General

(False Claims Act, 31 U.S.C. § 3729 et seq. & MA 34 §39(b))

14. Debarment and Suspension (2 CFR 180.220 & 2 CFR 200 Appendix II (H); MA 34 §

4(h)(4) & § 39(b))

a. 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.

15. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 & 2 CFR Appendix II (I))

a. 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.

https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352

Required Federal Provisions / Page 3 of 7

16. Clean Air (42 U.S.C. 7401- 7671q, 2 CFR Appendix II (G)) and Water Acts (33 U.S.C.

1251-1387 & 2 CFR 200 Appendix II (G))

a. 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).

17. Remedies for Breach of Contract (2 CFR 200 Appendix II (A))

18. Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704, 29 CFR Part 5

& 2 CFR 200 Appendix II (E))

a. Each contractor must be required to compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work in excess of the standard workweek is permitted if the worker is compensated at a rate of not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 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.

19. Copeland Anti-Kickback Act ((40 U.S.C. 3145, (29 CFR Part 3 & 2 CFR 200 Appendix II

(D))

a. The contracts must also include a provision for compliance with the Copeland

“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or

Public Work Financed in Whole or in Part by Loans or Grants from the United

States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

20. Davis-Bacon (49 U.S.C. § 5333; 29 CFR Part 5; 2 CFR 200 Appendix II (D))

a. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-

Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to

Contracts Covering Federally Financed and Assisted Construction”). In accordance https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5

Required Federal Provisions / Page 4 of 7 with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of

Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

b. The awarded Contractor shall pay all laborers in accordance with the most recent

Wage Determination for Laramie County, Wyoming. Based on the required laborer types, the Wage Determination may be found under Building, Highway, or Heavy

Determinations.

21. Veterans Employment Preference (49 U.S.C. § 5325(k), 5 U.S.C. § 2108)

Required Federal Provisions / Page 5 of 7

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. 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.

The Contractor, , 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

Required Federal Provisions / Page 6 of 7

CERTIFICATION OF SUSPENSION OR DEBARMENT

Any person or persons associated therewith in the capacity of owner, partner, director, or officer authorized to sign contracts certifies by signing this document that the responses to the following questions are true.

I. Is any interested party currently under suspension, disqualifications, debarment, voluntary exclusion, or determination of ineligibility by any state or federal agency?

YES ( ) NO ( )

II. Has any interested party been suspended, debarred, disqualified, voluntarily excluded, or determined ineligible by any state or federal agency within the past three years?

YES ( ) NO ( )

III. Has any interested party have a debarment pending?

YES ( ) NO ( )

IV. Has any interested party been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years?

YES ( ) NO ( )

If the answer is YES to any of the four items above, insert Suspension or Debarment actions below:

APPLICABLE: YES ( ) NO ( )

Required Federal Provisions / Page 7 of 7

SUSPENSION OR DEBARMENT LISTING

Suspension or Debarment actions will not necessarily result in denial of award but will be considered in determining Contractor responsibility. For any Suspension or Debarment noted, indicate below to whom it applies, initiating agency and dates of action.

APPLIES TO WHOM

INITIATING AGENCY

DATES OF ACTION

The person or persons signing this document do hereby certify, under penalty of perjury, that the

CERTIFICATION OF SUSPENSION OR DEBARMENT is a true and accurate statement.

CERTIFICATION – FEDERAL PROVISIONS AND SUSPENSION OR DEPARTMENT

CERTIFICATION

Contractor, either personally or through its duly authorized representatives, certifies that it has read, understood, and agreed to all terms and conditions of these certifications and clauses.

Contractor Name:_______________________________________________________________

Contractor Mailing Address:_______________________________________________________

Email: ________________________________________________________________________

Phone Number: ________________________________________________________________

Printed Name of Contractor’s Authorized Signatory:___________________________________

Signature of Authorized Signatory:_________________________________________________

Date:__________________________________