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HomeMy WebLinkAboutA - 24-07-RFP Attachment B - Federal Clauses ITB #24-06 Page 1 of 7 ATTACHMENT B FEDERAL CONTRACT PROVISIONS For any services or goods purchased under this Bid that involves, receives, or utilizes Federal Grant funding, the following terms and conditions shall be considered a part of the solicitation and resulting award and the Contractor accepts and acknowledges that it is and will continue to follow said terms and conditions for the term of the award: 1. ACCESS TO RECORDS 1.1. The following access to records requirements apply to this contract: 1.1.1. The contractor agrees to provide City of Sebastian, the Federal awarding agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 1.1.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 1.1.3. The contractor agrees to provide the Federal awarding agency Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. 1.1.4. In compliance with the Disaster Recovery Act of 2018, the City of Sebastian and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal awarding agency Administrator or the Comptroller General of the United States. 2. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor or any other party pertaining to any matter resulting from the contract. 3. EQUAL EMPLOYMENT OPPORTUNITY DURING THE PERFORMANCE OF THIS BID, THE CONTRACTOR AGREES AS FOLLOWS: 3.1. The Contractor will not discriminate against any employ ee or applicant for employment because of race, color, religion, sex, sexual orientation , gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants ar e employed and that employees are treated during employment, withou t regard to their race, color, religion, sex, sexual orientation, gender identity, or nati onal origin. Such action shall include, but not be limited to the following: employment, upgradi ng, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contrac ting officer setting forth the provisions of this nondiscrimination clause. ITB #24-06 Page 2 of 7 3.2. The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3.3. The Contractor will not discharge or in any other ma nner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation info rmation of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information. 3.4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a Record Retention and access requirements to all records The Cont ractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be prov ided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order No . 11246 of September 24, 1965, and shall post copies of the notice in conspicuous pla ces available to employees and applicants for employment. 3.5. The Contractor will comply with all provisions of Exec utive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 3.6. The Contractor will furnish all information and reports requi red by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to hi s books, records, and accounts by the contracting agency and the Secretary of Labor fo r purposes of investigation to ascertain compliance with such rules, regulations, and orders. 3.7. In the event of the Contractor’s noncompliance with the non discrimination clauses of this contract or with any of such rules, regulations, or orders, t his Bid may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No . 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3.8. The Contractor will include the provisions of para graphs A through H in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or ITB #24-06 Page 3 of 7 Contractor. The Contractor will take such action with res pect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 4. TITLE VI SOLICITATION NOTICE: The City of Sebastian, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d -4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no busine sses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. 5. ILLEGAL ALIEN LABOR: The Contractor shall comply with all federal and state laws prohibiting the hiring and continued employment of aliens not authorized to work in the United States. The Contractor must not knowingly employ unauthorized aliens and should such violation occur shall be cause for cancellation of the contract. The Contractor and its subcontractors will utilize the E -verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees. 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: For any federally assisted contract, in excess of one hundred thousand dollars ($100,000), that involves the employment of mechanics or laborers, the contractor, subcontractor, sub recipient shall comply with all of the requirement s of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5). 7. DAVIS BACON: The Contractor agrees to comply with the mandatory standards and policies relating to prevailing wage and fringe benefits in compliance with the Davis -Bacon Act (40 USC §§ 3141-3144, 3146, and 3147). 8. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE): All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part -time workers. 9. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) APPLIES IF THE CONTRACT IS GREATER THAN OR EQUAL TO $100,000 : The Contractor certifies that it has filed the required certification and that it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an 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, gr ant ITB #24-06 Page 4 of 7 or any other award covered by 31 U.S.C. 1352. The Contractor must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. 10. RECOVERED MATERIALS (2 CFR §200.322) APPLIES TO ALL CONTRACTS GREATER THAN $10,000: The 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 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. 11. FEDERAL DRUG-FREE WORKPLACE: The Contractor agrees to comply with the drug- free workplace requirements for federal contractors under 41 U.S.C.A. § 8102. 12. ENERGY EFFICIENCY / CONSERVATION (42 U.S.C. 6201 ): The Contractor agrees to comply with the mandatory standards and policies relating to energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42U.S.C. 6201). 13. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT : For any federally assisted contract, or sub grant, in excess of one hundred and fifty thousand dollars ($150,000), the contractor, subcontractor, sub recipient or sub grant rec ipient shall comply with all of the requirements of 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). 14. COMPLIANCE WITH THE COPELAND ‘ANTI-KICKBACK’ ACT 14.1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 14.2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal awarding agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 14.3. Breach. A breach of the contract clauses above may be grounds fo r termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12." 15. MINORITY BUSINESSES AND WOMEN’S BUSINESSES As required by CFR Title 2, §200.321 (b)(6), Contractor must take the following affirmative steps in the hiring of any subcontractors: i) Placing qualified small and minority businesses ITB #24-06 Page 5 of 7 and women's business enterprises on solicitation lists. ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's enterprises; and v) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Bu siness Development Agency of the Department of Commerce 16. FEDERAL TRADE RESTRICTION: By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of th e United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. ITB #24-06 Page 6 of 7 Nothing contained in the foregoing shall be construed to require estab lishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary co urse of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certificat ion of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 17. DEBARMENT AND SUSPENSION: The Contractor certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. In accordance with 2 CFR part, 180 implements Executive Orders 12549 and 12689. Furthermore, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 18. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT a) Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain. (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera ITB #24-06 Page 7 of 7 Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign cou ntry. (b) In implementing the prohibition under Public Law 115 -232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471.