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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),lnd safety and health reguElions,
<br />ln the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
<br />OMB Circular or policy by the $ubrecipient, its coniractors oi subrecipients, ihe-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, tocomply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />A.9 CONFLICT OF INTEREST
<br />No officer or employee of the Department; no member, officer, or employee of the Subrecipient or itsdesignees or agents; no member of the,governing body of the lurlsOibtion in which the project isundertaken or located; and no other official of the Subrecipieni who exercises any tunctijns orresponsibilities with respect to the project during his or hertenuie, shall have any personil or pecuniary
<br />gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to beperformed in connection with the project assisted underthis Agreemeni.
<br />The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, aprovision prohibiting such interest pursuant to this provision.
<br />A.10 CONTRACTTNG & PROpUREMENTa' The Subrecipient shall use a competitive procurement process in the procurement and award ofany contracts with contrac{ors or subcontractors that are entered into under the original
<br />agreement award. The procurement process followed shall be in accordance with 2 CFR part
<br />200.317 General procurement standards through 2OO.327 Contraet provisions.
<br />As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
<br />this Agreement must include the following provisions, as appticable:1) Contracts for more than the simplified acquisition threshotd currently sel at $250,000, which
<br />is the inflation adjtlsled amount determined by the Civilian Agency Acquisition Council andthe Defense Acquisition Regulations Council (Councils) as authorized'by 41 U.S.C. 1gpg,
<br />must address administrative, contractual, or legal remedies in instances where contractors
<br />violate or breach conlrac't terms, and provide for such sanctions and penalties as appropriate.2I All contracts in excess of $i0,000 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. Exoept as othenpise provided under 41 CFR part 60, all
<br />contracts that meet the definition of "federally assisted construction contrac{" in 41 CFR part
<br />60-1.3 must include the equal opportunityclause provided under 41 CFR eO-i.+(O), in
<br />accordance with Executive Order 11246, "Equal Employment Qpportunitf' (30 FR iZ!;tg,
<br />12935,3 CFR Part, 1964-1965 Comp., p,339), as amended by-Executive'Order 11975,
<br />"Am.ending Executive Qrder 11246 Relating to Equal Empt6yment Opportunrfi" and
<br />implementing regulations at 41 CFR part 60, "affbe of rba6rat Contidct Coitittiance
<br />Programs, Equal Employment Oppoftunity, Depaftment of Labor.',4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wren required by Federal program
<br />legislation, all prime construction contracts in excess of $2,00d award-ed by non-felerat
<br />entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.c. 9141-
<br />3144, and _3146-3148) as supplemented by Department of Labor regulations (2g CFR part
<br />5, "Labor Sfandads Prwisions Applicable to Contracts Covering Federatly Financed and
<br />Assisfed Construction'). ln accordance with the statute, contractois must birequiied to pay
<br />wages to laborers and mechanics at a rate not less than the prevailing wages specified in iwage determlnation made by the Secretary of Labor. ln addition,-conlractors must be
<br />req.uked to pay wagqi not less than once a week. The non-federalentity must place a copy
<br />of lhe currelt prevailing wage determination issued by the Department of Libor in each
<br />solicitation. The decision to award a contract or subcontraA mubt 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 cbntracts must also include aprovision for compliance with the Copetand 'Anti-Kickback" Act (40 U.S.C. 3145), as
<br />supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
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