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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
<br /> comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<br /> A.9 CONFLICT OF INTEREST
<br /> No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
<br /> designees or agents; no member of the governing body of the jurisdiction in which the project is
<br /> undertaken or located; and no other official of the Subrecipient who exercises any functions or
<br /> responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
<br /> gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
<br /> performed in connection with the project assisted under this Agreement.
<br /> The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
<br /> provision prohibiting such interest pursuant to this provision.
<br /> A.10 CONTRACTING & PROCUREMENT
<br /> a. The Subrecipient shall use a competitive procurement process in the procurement and award of
<br /> any contracts with contractors or subcontractors that are entered into under the original
<br /> agreement award. The procurement process followed shall be in accordance with 2 CFR Part
<br /> 200.318 General procurement standards through 200.326 Contract provisions.
<br /> As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
<br /> this Agreement must include the following provisions, as applicable:
<br /> 1) 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
<br /> the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
<br /> must address administrative, contractual, or legal remedies in instances where contractors
<br /> violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
<br /> 2) All contracts in excess of$10,000 must address termination for cause and for convenience
<br /> by the non-federal entity including the manner by which it will be affected and the basis for
<br /> settlement.
<br /> 3) 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
<br /> 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
<br /> accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
<br /> 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
<br /> "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
<br /> implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
<br /> Programs, Equal Employment Opportunity, Department of Labor."
<br /> 4) 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
<br /> entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
<br /> 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
<br /> 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
<br /> Assisted Construction"). In accordance with the statute, contractors must be required to pay
<br /> wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
<br /> wage determination made by the Secretary of Labor. In addition, contractors must be
<br /> required to pay wages not less than once a week. The non-federal entity must place a copy
<br /> of the current prevailing wage determination issued by the Department of Labor in each
<br /> solicitation. The decision to award a contract or subcontract must be conditioned upon the
<br /> acceptance of the wage determination. The non-federal entity must report all suspected or
<br /> reported violations to the federal awarding agency. The contracts must also include a
<br /> provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
<br /> supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
<br /> Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
<br /> Grants from the United States"). The Act provides that each contractor or Subrecipient must
<br /> be prohibited from inducing, by any means, any person employed in the construction,
<br /> completion, or repair of public work, to give up any part of the compensation to which he or
<br /> DHS-FEMA-EMPG-FY20 Page 12 of 36 City of Everett OEM, E21-161
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