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or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be
<br />prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to
<br />give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all
<br />suspected or reported violations to the Federal awarding agency.
<br />Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
<br />contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis -Bacon Act provisions.
<br />Does offeror agree? N/A_ Iniiials of Authorized Representative of offeror
<br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
<br />non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
<br />for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
<br />40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
<br />basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
<br />worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess
<br />of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
<br />laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous
<br />or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
<br />the open market, or contracts for transportation or transmission of intelligence.
<br />Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
<br />compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all
<br />contracts by Participating Agency resulting from this procurement process.
<br />Does offeror agree? N/A Initials of Authorized Representative of offeror
<br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
<br />agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
<br />business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
<br />developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the
<br />requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
<br />Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
<br />agency.
<br />Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
<br />term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with
<br />all applicable requirements as referenced in Federal Rule (F) above.
<br />Does offeror agree? N/A Initials of Authorized Representative of offeror
<br />(G) Clean Air Act (42 U.S.C. 7401.7671q.) and the Federal Water Pollution Control Act (33 U.S.C.1251.1387), as amended —
<br />Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award
<br />to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
<br />7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the
<br />Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
<br />Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
<br />term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees
<br />to comply with all applicable requirements as referenced in Federal Rule (G) above.
<br />Does offeror agree? YES Initials of Authorized Representative of offeror
<br />(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
<br />made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with
<br />the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement
<br />Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
<br />Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
<br />well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
<br />Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
<br />term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither
<br />it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br />participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes
<br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal
<br />Version April 12, 2022
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