HomeMy WebLinkAboutA - 24-20-ITB - Attachment A - Federal Clauses
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FEDERAL AWARD PROVISIONS:
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (APPENDIX II TO 2 CFR PART 200)
All contracts made by a non-Federal entity under a Federal award must contain provisions covering the
following, as applicable. These provisions are required and apply under certain conditions when federal
funds are expended to make purchases from this solicitation by the City or for any contracts resulting
from this procurement process.
1. EQUAL EMPLOYMENT OPPORTUNITY (34 CFR 80.36(i)(3)): All vendors, contractors
and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled
“Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all
construction contracts awarded in excess of $10,000 by the City of Sebastian and their
Contractors or sub-grantees).
2. DAVIS-BACON ACT (34 CFR 80.36(i)(5)): All vendors, contractors and subcontractors must
comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to construction contracts in excess of $2,000
awarded by the district and sub grantees when required by Federal grant program legislation).
3. COPELAND “ANTI-KICKBACK “ACT” (34 CFR 80.36(i)(4)): All vendors, contractors and
subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and
sub-grants for construction or repair).
4. CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36(i)(6)): All
vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the district
and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the
employment of mechanics or laborers).
5. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the
Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the
recipient or sub recipient 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 sub recipient
must comply with the requirements of 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.
6. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (34 CFR
80.36(i)(12)): All vendors, contractors and subcontractors must comply with all applicable
standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
11857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR part 15). (Applies to contract,
subcontracts and sub-grants of amounts in excess of $150,000).
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7. BYRD ANTI-LOBBYING AMENDMENT: Contractors who apply or bid for an award of
$100,000 or more shall 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 shall 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. (Applicable to contracts greater than or equal to $100,000).
8. PROCUREMENT OF RECOVERED MATERIALS (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 time 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.
9. 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, pr\oposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
10. REMEDIES FOR VIOLATION OR BREACH OF CONTRACT: Remedies for violation or
breach of contract are addressed under General Terms and Conditions, paragraph 2.39.
11. TERMINATION FOR CAUSE AND CONVENIENCE: Termination for cause and for
convenience are addressed under General Terms and Conditions, paragraph 2.20.