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State Building Code (RCW 19.27), Energy Related Building Standards (RCW 1g.2ZA), provisions in
<br />Buildings for Aged and Handicapped Persons (RCW 7A.92), and safety and health regulations.
<br />ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
<br />OMB Circular or policy bythe Subrecipient, its contractors or subrecipients, thebepartment 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 contraclors and subrecipients, to
<br />comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />A,9 CONFLICT OF INTEREST
<br />No officer or employee of lhe Department; no member, officer, or employee of the Subrecipient or its
<br />designees or agents; no member of the- governing body of the jurisdittion in which the project is
<br />undertaken or located; and no other official of the Subrecipieni who exercises any functdns or
<br />responsibilities with respect to the project during his or her tenure, 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 proiect assisted under this Agreemeni.
<br />The Subrecipient shall incorporate, or cause to incorporate, in all such contrac{s or subawads, aprovision prohibiting such interest pursuant to this provision.
<br />A.10 CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award ofany contracts with contractors or subcontractors that are entered into under the original
<br />agreement award. The procurement process followed shall be in accordance with 2 CFR Fart
<br />2OO.317 General procuremenl standards through 20O.327 Contract 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 applicable:
<br />1) Contracts for more than the simplified acquisition threshold currently set at 9250,000, which
<br />is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
<br />the Defense Acquisition Regulations Council (Councils) as authoiized by 41 U.S.C. 1909,
<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.2) All contrac'ls in excess of $10,000 must address termination for cause and for convenience
<br />by the non-federal enlity including the manner by which it will be effected and the basis for
<br />settlement.
<br />3) Equal Employment Opportunity. Except as othenrise provided under 41 CFR part 60, all
<br />contracts that meet the definition of "federally assisted construction contract" in 41 CFR part
<br />6G1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
<br />accordance with Executive Order 11246, "Equal Employment Qppoftunitf' (30 FR liZilg,
<br />12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive'Order 1lgt1,
<br />"Amending Executive Order 11246 Retating to Equal Emptoyment Oppoftunity," and
<br />implementing regulations at 4J CFR part 60, "Offbe of Fediral Conti-dct CompliancePrq rams, Eq u al Employme nt Opportun ity, Depaftment of Labor."4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wren required by Federal prograrn
<br />legislation, all prime construdion contracts in excess of $2,000 awarded by non-feleral
<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 Departmenl of Labor regulations (29 CFR part
<br />5, "Labor Sfandards Provisions Applicable to Contracts Covering Federalty Financed and
<br />Assisfed Construclion"). ln accordance with the statute, contrac{ois must be required to pay
<br />wages to laborers and mechanics at a rate not less than the prevailing wages s'pecified in i
<br />wage determination made by the Secretary of Labor. ln addition,- coniractors must be
<br />requhed to pay wages not less than once a week. The non-federalentity must place a copy
<br />of lhe current prevailing wage determination issued by the Departmeht of Libor in each
<br />solicitation. The decision to award a contract or subcontraa muit 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 ctntraAs must also include aprovision for compliane 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
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