2015/11/04 Council Agenda Packet

15 C. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the non-Federal entity(sponsor)in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 C.F.R.Part 5). Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the 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 of 40 hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract orAgreement.If the Federal award meets the definition of"funding agreement" under 37 C.F.R§401.2(a)and the recipient or subrecipient(sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient(sponsor)must comply with the requirements of 37 C.F.R Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. E. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.1251-1387),as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387).Violations must be reported to the Federal awarding agency identified in Section G:Federal Fund Information and the Regional Office of the Environmental Protection Agency(EPA). F. Byrd Anti-Lobbying Amendment(31 U.S.C.1352).Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. G. Procurement of Recovered Materials.A non-Federal entity(sponsor}that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Required Insurance.The non-Federal entity(sponsor)must,at a minimum,provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award(2 C.F.R§ 200.310(2013)). I. Debarment and Suspension(Executive Orders 12549 and 12689).The sponsor must not award a contract (see 2 C.F.R§ 180.220)to parties listed on the government-wide exclusions in the System for Award Management(SAM),in accordance with the Office of Management and Budget(OMB)guidelines at 2 C.F.R§180 that implement Executive Orders 12549(3 C.F.P.part 1986 Comp.,p. 189)and 12689(3 C.F.R part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. RCO 14-1274D Page 16 of 28 77