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<br /> 10. Trafficking in Persons.The following prohibition statement applies to the sponsor,and all sub-awardees of the sponsor.The
<br /> sponsor must include this statement in all sub-awards made to any private entity under this Agreement.
<br /> "YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES'
<br /> EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME
<br /> THAT THE AWARD IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE
<br /> AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER
<br /> THIS AWARD."
<br /> 11. Disadvantaged Business Enterprise Requirements,General Compliance.The sponsor agrees to comply with the
<br /> requirements of EPA's Program for Utilization of Small,Minority and Women's Business Enterprises in procurement under
<br /> assistance agreements,contained in 40 C.F.R.Part 33.
<br /> 12. Sub-Awards. If the sponsor makes sub-awards under this Agreement,the sponsor is responsible for selecting its
<br /> sub-awardees and,if applicable,for conducting sub-award competitions.The sponsor agrees to:
<br /> a. Establish all sub-award agreements in writing;
<br /> b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT
<br /> DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE);
<br /> c. Ensure that any sub-awards comply with the standards in 2 C.F.R.Part 200,and are not used to acquire commercial
<br /> goods or services for the sub-awardee;
<br /> d. Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities;
<br /> e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,statutes,
<br /> and terms and conditions which flow down in the sub-award;
<br /> f. Obtain RCO's consent before making a sub-award to a foreign or international organization,or a sub-award to be
<br /> performed in a foreign country;and
<br /> g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance
<br /> with 40 C.F.R.Parts 30.25 and 31.30,as applicable.
<br /> 13. Federal Employees.No Subcontract or grant funds may be used to provide any Federal Employee transportation
<br /> assistance,reimbursement,and any other expense.
<br /> 14. Fly America Act.The sponsor agrees to comply with 49 U.S.C.40118(the"Fly America"act)in accordance with the General
<br /> Services Administration's regulations at 41 C.F.R.Part 301-10,which provide that recipients and subrecipients of Federal
<br /> funds and their contractors are required to use U.S.Flag air carriers for U.S.Government-financed international air travel
<br /> and transportation of their personal effects or property,to the extent such service is available,unless travel by foreign air
<br /> carrier is a matter of necessity,as defined by the Fly America Act.The sponsor shall submit,if a foreign air carrier was used,
<br /> an appropriate certification or memorandum adequately explaining why service by U.S.flag air carrier was not available or
<br /> why it was necessary to use a foreign air carrier and shall,in any event,provide a certificate of compliance with the Fly
<br /> America requirements.The sponsor agrees to include the requirements of this section in all subcontracts that may involve
<br /> international air transportation.
<br /> 15. Recovered Materials.The sponsor agrees to comply with all the requirements of Section 6002 of the Resource
<br /> Conservation and Recovery Act(RCRA),as amended(42 U.S.C.6962),including but not limited to the regulatory provisions
<br /> of 40 C.F.R.Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of
<br /> 40 C.F.R.Part 247.See also Section 27:Provisions for Federal Subawards Only.
<br /> 16. Copeland"Anti-Kickback"Act.All contracts and subgrants in excess of$2,000 for construction or repair awarded by
<br /> recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874),
<br /> as supplemented by Department of Labor regulations(29 C,F,R,Part 3,"Contractors and Subcontractors on Public Building
<br /> or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each
<br /> contractor or subrecipient shall 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 is otherwise entitled.The recipient
<br /> shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal
<br /> Subawards Only.
<br /> 17. Davis-Bacon Act,as amended(40 U.S.C.276a to a-7).When required by Federal program legislation,all construction
<br /> contracts awarded by the recipients and subrecipients of more than$2,000 shall include a provision for compliance with the
<br /> Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 C.F.R.Part 5,
<br /> "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this
<br /> Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages
<br /> specified in a wage determination made by the Secretary of Labor.In addition,contractors shall be required to pay wages
<br /> not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the
<br /> Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of thewage
<br /> determination.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also
<br /> Section 27: Provisions for Federal Subawards Only.
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