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A.10 COMPLlANCE WITH APPLICABLE STATUTES,RULES AND DEPARTMENT POLICIES
<br />The Subrecipient and all its contractors and subrecipients shall comply with,and the
<br />Department is not responsible for determining compliance with,any and all applicable
<br />federal,state,and local laws,regulations,executive orders,OMB Circulars,and/or
<br />policies.This obligation includes,but is not limited to:nondiscrimination laws and/or
<br />policies,Energy Policy and Conservation Act (PL 94-163,as amended),the Americans
<br />with Disabilities Act (ADA),Age Discrimination Act of 1975,Title VI of the Civil Rights Act
<br />of 1964,Civil Rights Act of 1968,the Robert T.Stafford Disaster Relief and Emergency
<br />Assistance Act,(PL 93-288,as amended),Ethics in Public Service (RCW 42.52),
<br />Covenant Against Contingent Fees (48 CFR Section 52.203-5),Public Records Act (RCW
<br />42.56),Prevailing Wages on Public Works (RCW 39.12),State Environmental Policy Act
<br />(RCW 43.21C),Shoreline Management Act of 1971 (RCW 90.58),State Building Code
<br />(RCW 19.27),Energy Related Building Standards (RCW 19.27A),Provisions in Buildings
<br />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,
<br />executive order,OMB Circular or policy by the Subrecipient,its contractors or
<br />subrecipients,the Department may rescind,cancel,or terminate the Agreement in whole
<br />or in part in its sole discretion.The Subrecipient is responsible for all costs or liability
<br />arising from its failure,and that of its contractors and subrecipients,to comply with
<br />applicable laws,regulations,executive orders,OMB Circulars,or policies.
<br />A.11 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
<br />2CFR Part 200.318 General procurement standards through 200.326 Contract Provisions.
<br />As required by Appendix Il 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,
<br />all 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 non-
<br />Federal entities must include a provision for compliance with the Davis-Bacon Act (40
<br />U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations
<br />(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally
<br />Financed and Assisted Construction").In accordance with the statute,contractors must
<br />be required to pay wages to laborers and mechanics at a rate not less than the prevailing
<br />wages specified in a wage determination made by the Secretary of Labor.In addition,
<br />contractors must be required to pay wages not less than once a week.The non-Federal
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