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address administrative, contractual, or legal remedies in instances where contractors violate or
<br />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 by
<br />the non-Federal entity including the manner by which it will be effected and the basis for 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 60-
<br />1 .3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
<br />with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part,
<br />1964-1965 Comp., p.339), as amended by Executive Order 11375, "Amending Executive Order
<br />11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part
<br />60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
<br />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 entities
<br />must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
<br />3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
<br />Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
<br />Construction"). ln accordance with the statute, contractors must be required to pay wages to
<br />laborers and mechanics at a rate not less than the prevailing wages specified in a wage
<br />determination made by the Secretary of Labor. ln addition, contractors must be required to pay
<br />wages not less than once a week. The non-Federal entity must place a copy of the current
<br />prevailing wage determination issued by the Department of Labor in each solicitation. The decision
<br />to award a contract or subcontract must be conditioned upon the acceptance of the wage
<br />determination. The non-Federal entity must report all suspected or reported violations to the
<br />Federal awarding agency. The contracts must also include a provision for compliance with the
<br />Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
<br />regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
<br />Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
<br />each contractor or subrecipient must be prohibited from inducing, by any means, any person
<br />employed in the construction, completion, or repair of public work, to give up any part of the
<br />compensation to which he or she is otherwise entitled. The non-Federal entity must report all
<br />suspected or reported violations to the Federal awarding agency.
<br />The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002, Uniform
<br />Administrative Requirements for Grants and Cooperative Agreements to State and Local
<br />Governments, Uniform Administrative Requirements for Grants and Other Agreements with
<br />lnstitutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to
<br />the SUB-RECIPIENT. All subcontracting agreements entered into pursuant to this Grant
<br />Agreement shall incorporate this Agreement by reference.
<br />5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
<br />contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment
<br />of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
<br />as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
<br />the Act, each contractor must be required to compute the wages of every mechanic and laborer
<br />on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
<br />permissible provided that the worker is compensated at a rate of not less than one and a half times
<br />the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements
<br />of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
<br />must be required to work in surroundings or under working conditions which are unsanitary,
<br />hazardous or dangerous. These requirements do not apply to the purchases of supplies or
<br />materials or articles ordinarily available on the open market, or contracts for transportation or
<br />transmission of intelligence.
<br />6) Rights to lnventions Made Under a Contract or Agreement. lf the Federal award meets the
<br />definition of "funding agreement" under 37 CFR S401 .2 (a) and the recipient or subrecipient wishes
<br />to enter into a contract with a small business firm or nonprofit organization regarding the
<br />substitution of parties, assignment or performance of experimental, developmental, or research
<br />FFY18 Fire Management Assistance Grant Agreement Page 10 of 22 Kittitas, County of, D19-1004
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