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FEDERAL FUNDS CERTIFICATIONS <br />Participating Agencies may elect to use federal funds to purchase under the Master Agreement. <br />The following certifications and provisions may be required and apply when a Participating <br />Agency expends federal funds for any purchase resulting from this procurement process. <br />Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the <br />Participating Agency and the Participating Agency's subcontractors shall contain the <br />procurement provisions of Appendix II to Part 200, as applicable. <br />APPENDIX II TO 2 CFR PART 200 <br />(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which <br />is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the <br />Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must <br />address administrative, contractual, or legal remedies in instances where contractors violate or <br />breach contract terms, and provide for such sanctions and penalties as appropriate. <br />• Pursuant to Federal Rule (A) above, when a Participating Agency expends federal <br />funds, the Participating Agency and Offeror reserves all rights and privileges under the <br />applicable laws and regulations with respect to this procurement in the event of breach <br />of contract by either party. <br />(B) Termination for cause and for convenience by the grantee or subgrantee including the <br />manner by which it will be effected and the basis for settlement. (All contracts in excess of <br />$10,000) <br />• Pursuant to Federal Rule (B) above, when a Participating Agency expends federal <br />funds, the Participating Agency reserves the right to terminate any agreement in excess <br />of $10,000 resulting from this procurement process in the event of a breach or default of <br />the agreement by Offeror as detailed in the terms of the contract <br />(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all <br />contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60- <br />1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance <br />with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319, 12935, 3 CFR <br />Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive <br />Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 <br />CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment <br />Opportunity, Department of Labor." <br />• Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds <br />on any federally assisted construction contract, the equal opportunity clause is <br />incorporated by reference herein. <br />(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program <br />legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities <br />must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and <br />3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor <br />Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted <br />Construction"). In accordance with the statute, contractors must be required to pay wages to <br />laborers and mechanics at a rate not less than the prevailing wages specified in a wage <br />determination made by the Secretary of Labor. In addition, contractors must be required to pay <br />