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(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
<br /> CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
<br /> 39.12), State Environmental Policy Act(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
<br /> State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
<br /> Buildings for Aged and Handicapped Persons (RCW 70.92), 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 or subrecipients, 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 and subrecipients, to
<br /> comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<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 sub-contractors that are entered into under the original contract
<br /> award. The procurement process followed shall be in accordance with 2 CFR Part 200.318
<br /> 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 $150,000, which is
<br /> 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 /> 2) All contracts in excess of$10,000 must address termination for cause and for convenience by
<br /> the non-Federal entity including the manner by which it will be effected 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 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 FR 12319, 12935, 3 CFR Part,
<br /> 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
<br /> 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part
<br /> 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
<br /> 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 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 /> wages not less than once a week. The non-Federal entity must place a copy of the current
<br /> prevailing wage determination issued by the Department of Labor in each solicitation. The
<br /> decision to 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 the
<br /> Federal awarding agency. The contracts must also include a provision for compliance with the
<br /> Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
<br /> regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
<br /> Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
<br /> each contractor or subrecipient must be prohibited from inducing, by any means, any person
<br /> employed in the construction, completion, or repair of public work, to give up any part of the
<br /> 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 /> DHS-FEMA-EMPG-FFY 16 Page 12 of 32 Everett City of, E17-148
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