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3iff T,H#?[:",]il1'tT#l{:+#ftlJtff::ilti:::i[ffiH#t:;HI,,::?H":i <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 federalawarding agency. <br />5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Wrere appticable, <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 />40 U.S.C. 3702 ol the Act, each contractor must be required to compute the wages of every <br />mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess o1 <br />the standard work week is permissible provided that the worker is compensated at a rate of <br />not less than one and a half times the basic rate of pay for all hours worked in excess of 40 <br />hours in the work week. The requirements of 40 U.S.C .3704 are applicable to construction <br />work and provide that no laborer or mechanic must be required to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous. These <br />reguirements do not apply to the purchases of supplies or materials or articles ordinarily <br />availabb on the open market, or contracts for transportation or transmission of intelligence. <br />6) Rights to lnventions Made Under a Gontract or Agreement. lf the federal award meets the <br />definition of "funding agreemenf' under 37 CFR 5401.2 (a) and the recipient or Subrecipient <br />wishes to enter into a contract with a small business firm or nonprofit organization regarding <br />the substitution of parties, assignment or performance of experimental, developmental, oi <br />research work under that 'Tunding agreement," the recipient or Subrecipient must comply <br />with the requirements of 37 CFR Part 401, "Rlghfs to lnventions Made by Nonprofit <br />Organizations and Small Business Fr'rms llnder Govemment Grants, Contracts' and <br />Cooperative Agreements,'and any implementing regulations issued by the awarding agency.7) Clgal Air {ct (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (93 <br />U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of <br />$150,000 must contain a provision that requires the non-federal award to agree to comply <br />with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 <br />U.S.C. 7401-7671q) and the Federal Water Pollution ControlAcl as amended (33 U.S.C. <br />1251-1387). Violations must be reported to the federal awarding agency and the Regional <br />Ofiice of the Environmental Protection Agency (EpA). <br />8) Dglarmenl and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 <br />CFR 180.220) must not be made to parties listed on the government-wide exclusions in the <br />System forAward Management(SAM), in accordancewith the OMB guidelines at2 CFR 180 <br />that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR <br />part 1989 Comp., p. 235), "Debarmenf and Suspension." SAM Exclusions contains the <br />names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties <br />declared ineligible under statutory or regulatory authority other than Executive Order 12549. <br />9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award <br />exceeding $100,000 must file the required certification. Each tier certifies to the tier above <br />that it will not and has not used federal appropriated funds to pay any person or organization <br />for influencing or attempting to influence an officer or employee of any agency, a member of <br />Congress, officer or employee of Gongress, or an employee of a member of Congress in <br />connection with obtaining any federal contract, grant or any olher award covered by 31 <br />U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes <br />place in connection with obtaining any federal award. Such disclosures are forwarded from <br />tier to tier up to the non-federal award. <br />10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity <br />that is a state agency or agency of a political subdivision of a state and its contractors muit <br />comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource <br />Conseruation and Recovery Act. The requirements of Section 6002 include procuring only <br />items designated in guidelines of the Environmental Protection Agency (EPA) ata0 CFR part <br />DHS-FEMA-EMPG'ARPA-FY21 Page 14 of 34 Kittitas County Sheriffs Office EM, E22-264