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EXHIBIT 1 <br /> Affirmative Steps <br /> For any subcontracting opportunities, Contractor must take the following Affirmative steps: <br /> 1. Placing qualified small and minority businesses and women's business enterprises on solicitation <br /> lists; <br /> 2. Assuring that small and minority businesses, and women's business enterprises are solicited <br /> whenever they are potential sources; <br /> 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit <br /> maximum participation by small and minority businesses, and women's business enterprises; <br /> 4. Establishing delivery schedules, where the requirement permits, which encourage participation by <br /> small and minority businesses, and women's business enterprises; and <br /> 5. Using the services and assistance, as appropriate, of such organizations as the Small Business <br /> Administration and the Minority Business Development Agency of the Department of Commerce. <br /> Prevailing Wage Requirements <br /> When applicable,the awarded Contractor(s)and any and all subcontractor(s)agree to comply with all laws <br /> regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or <br /> Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable <br /> pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any <br /> subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency. <br /> Federal Requirements <br /> If products and services are issued in response to an emergency or disaster recovery the items below, <br /> located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and <br /> required when federal funding may be utilized. <br /> 2 C.F.R.4 200.326 and 2 C.F.R. fart 200,Apoendix II Re uired Contract Clauses <br /> I. CONTRACT REMEDIES <br /> Contracts for more than the federal simplified acquisition threshold(SAT),the dollar amount below <br /> which an N F E may purchase property or services using small purchase methods, currently set at <br /> $250,000 for procurements made on or after June 20, 2018,4 must address administrative, <br /> contractual, or legal remedies in instances where contractors violate or breach contract terms and <br /> must provide for sanctions and penalties as appropriate. <br /> 1.1 Applicability <br /> This contract provision is required for contracts over the SAT, currently set at $250,000 for <br /> procurements made on or after June 20,2018.Although not required for contracts at or below the <br /> SAT, FEMA suggests including a remedies provision. <br /> 1.2 Additional Considerations <br /> For FEMA's Assistance to Firefighters Grant(AFG) Program, recipients must include a penalty clause in all <br /> contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract <br /> must include a clause addressing that non-delivery by the contract's specified date or other vendor <br /> nonperformance will require a penalty of no less than$100 per day until such time that the vehicle, <br /> compliant with the terms of the contract, has been accepted by the recipient. This penalty clause <br /> should, however, account for force majeure or acts of God. AFG recipients should refer to the <br /> applicable year's Notice of Funding Opportunity (NOFO)for additional information, which can be <br /> accessed at FEMA.gov. <br /> Version August 19,2022 <br />