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Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
<br /> Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
<br /> and safety and health regulations.
<br /> In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
<br /> OMB Circular or policy by the SUBRECIPIENT, its contractors, the DEPARTMENT may rescind,
<br /> cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT is
<br /> responsible for all costs or liability arising from its failure, and that of its contractors, to comply with
<br /> 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
<br /> or its 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 such 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. The SUBRECIPIENT shall
<br /> incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
<br /> interest pursuant to this provision.
<br /> A.10 CONTRACTING & PROCUREMENT
<br /> a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and
<br /> award of any contracts with contractors or sub-contractors that are entered into under the
<br /> original contract award. The procurement process followed shall be in accordance with 2CFR
<br /> Part 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
<br /> under this Agreement must include the following provisions, as applicable:
<br /> 1) Contracts for more than the simplified acquisition threshold currently set at $150,000,
<br /> which is the inflation adjusted amount determined by the Civilian Agency Acquisition
<br /> Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41
<br /> U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
<br /> where contractors violate or breach contract terms, and provide for such sanctions and
<br /> penalties as appropriate.
<br /> 2) All contracts in excess of $10,000 must address termination for cause and for
<br /> convenience by the non-Federal entity including the manner by which it will be effected
<br /> and the basis for 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
<br /> Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),
<br /> in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
<br /> 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
<br /> 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
<br /> and 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
<br /> program legislation, all prime construction contracts in excess of $2,000 awarded by
<br /> non-Federal entities must include a provision for compliance with the Davis-Bacon Act
<br /> (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
<br /> regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
<br /> Covering Federally Financed and Assisted Construction"). In accordance with the
<br /> statute, contractors must be required to pay wages to laborers and mechanics at a rate
<br /> not less than the prevailing wages specified in a wage determination made by the
<br /> Secretary of Labor. In addition, contractors must be required to pay wages not less than
<br /> once a week. The non-Federal entity must place a copy of the current prevailing wage
<br /> determination issued by the Department of Labor in each solicitation. The decision to
<br /> award a contract or subcontract must be conditioned upon the acceptance of the wage
<br /> determination. The non-Federal entity must report all suspected or reported violations to
<br /> 15PDM Page 12 eift77 City of Everett Office of Emergency Management, E17-102
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