Terms and Conditions Federal Provisions.docx
DOCX document 37 KB Posted
- Solicitation number
- RFP 751 180000002655 1
- Issued by
- Ottawa County, Sturgis City, Michigan
About this file
This is an Addendum document outlining Federal Provisions that may apply to state and local contracts funded in whole or in part with federal government funds. The document specifies that these provisions are mandatory only to the extent required by federal law, with conflicting federal requirements taking precedence over state contract terms and conditions. The addendum does not establish a specific procurement timeline, site visits, bidder meetings, or contract term, as it serves as a conditional legal framework applicable across multiple contract types rather than describing a particular procurement opportunity.
The Federal Provisions addendum addresses compliance requirements tied to contract value thresholds and project characteristics. Contractors must comply with the Copeland Anti-Kickback Act for all applicable federal projects; the Contract Work Hours and Safety Standards Act for contracts exceeding $100,000 involving mechanics or laborers; Clean Air Act and Federal Water Pollution Control Act standards for contracts exceeding $150,000; Byrd Anti-Lobbying Amendment certification requirements for contracts exceeding $100,000; debarment and suspension verification through the System for Award Management (SAM); and recovered materials procurement requirements under the Solid Waste Disposal Act for contracts exceeding $10,000. No specific funding amounts, sources, or pricing terms are established in this addendum, as it functions as a regulatory overlay applicable to federally funded procurements meeting applicable thresholds.
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Other files
| File | Type | Posted |
|---|---|---|
| RFP 180000002655 Opening Maintenance Roscommon and Ogemaw Co.docx | DOCX document | |
| DENTON NORTH RYE FIELDS.pdf | ||
| DENTON SOUTH RYE FIELDS.pdf | ||
| ROSCO SOUTH RYE FIELDS.pdf | ||
| EAST MARKEY RYE FIELDS.pdf | ||
| RYE FIELDS GENERAL LOCATIONS YR1.pdf | ||
| HEADQUARTERS RYE FIELDS.pdf | ||
| DEADSTREAM RYE FIELDS.pdf | ||
| UNIT DESCRIPTIONS RYE BIDS WEST EVEN YEARS.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. Copeland “Anti-Kickback” Act If applicable, the Contractor must comply with the Copeland “Anti-Kickback” Act (40 USC 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”), which prohibits the Contractor and subrecipients 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.
2. Contract Work Hours and Safety Standards Act If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
3. Rights to Inventions Made Under a Contract or Agreement If the Contract is funded by a federal “funding agreement” as defined 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 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.
4. 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.
5. 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.
6. Byrd Anti-Lobbying Amendment If this Contract exceeds $100,000, bidders and the Contractor must file the certification required under 31 USC 1352.
7. 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.
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