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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 />0MB 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, 0MB Circulars or policies.
<br />A.10 C0NTRACTING & 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 reqwired by Append ix 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 contracr in 41 CFR Part
<br />60:.1.3 must include the equal opportunity clause provlded under 41 CFR 60-1.4(b), in
<br />accordance with Exec.utive Order 112461 "Equal Employment Opportunity" (30 FR 12319,
<br />12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
<br />"Amenalng Executive Order 11246 Relating to Equal Employment Opportunity,· and
<br />Implementing regulations at 41 CFR part 60, "Office of Federal Contract Compnance
<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 />legislc:1tion, 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°). lh 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 specffied 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 0 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-HSGP-SHSP-FFY17 Page 12 of34 Kittitas County, E20-168
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