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40 U,S.C. 3702 of 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 of <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 lhe work week. The requirements of 40 U.S,C.37A4 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 />requirements do not apply to the purchases of supplies or materials or articles ordinarily <br />available on the open market, or contracts for transportation or 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 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, or <br />research work under that 'Tunding agreement," the recipient or Subrecipient must comply <br />with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprofit <br />Organizalions and Small Business Firms Under Government Grants, Contracts and <br />Cooperative Agreements," and any implementing regulations issued by the awarding agency. <br />7') Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-13871, as amended-Contrac{s and subgrants of amounts in excess of <br />$150,000 rnust contain a provision that requires the non-federal award to agree to comply <br />with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 <br />U.S.C. 7401-7671q) and ihe Federal Water Pollution ControlAct as amended (33 U.$.C. <br />1251-1387r. Violations must be reported to the federal awarding agency and the Regional <br />Office of the Environmental Proteclion Agency (EPA). <br />8) Debarment 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 accordance with the OMB guidelines at 2 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), "Debarment 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 12il9.9) 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 ol Congress in <br />connection with obtaining any federal contract, grant or any other 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 fonrarded from <br />tier to tier up to the non-federal award. <br />10) Procurement of recovered materials -- As required by 2 CFR 2A0322, a non-federal entity <br />that is a state agency or agency of a political subdivision of a state and its contractors must <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) at 40 CFR part <br />247 lhal contain the highest percentage of recovered materials practicable, consistent with <br />maintaining a satisfactory level of competition, where the purchase price of the item exceeds <br />$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded <br />$10,000; procuring solid waste management services in a manner that maximizes energy <br />and resource recovery; and establishing an affirmative procurement program for <br />procurement of recovered materials identified in the EPA guidelines. <br />11) Notice of awarding agency requirements and regulations pertaining to reporting. <br />12) Federalawarding agency requirements and regulations pertaining to copyrights and rlghts in <br />data. <br />DHS-FEMA-HSGP-SHSP.FFYl 9 Page 13of37 Kittitas County, E22-280