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<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
<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 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
<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 /> she is otherwise entitled. The non-federal entity must report all suspected or reported
<br /> violations to the federal awarding agency.
<br /> 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
<br /> all contracts awarded by the non-federal entity in excess of $100,000 that involve the
<br /> employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
<br /> 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under
<br /> DHS-FEMA-EMPG-FY 17 Page 12 of 36 City of Everett, E18-069 REVISED
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