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EXHIBIT C: 2 CFR 200, APPENDIX II - TERMS <br />Provisions for Non -Federal Entity Contracts Under Federal Awards (current as of <br />20200717) <br />In addition to other provisions required by the Federal agency or non -Federal entity, all <br />contracts made by the non -Federal entity under the Federal award must contain <br />provisions covering the following, as applicable. <br />(A) Contracts for more than the simplified acquisition threshold currently set at <br />$150,000, which is the inflation adjusted amount determined by the Civilian Agency <br />Acquisition Council and the Defense Acquisition Regulations Council (Councils) as <br />authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal <br />remedies in instances where contractors violate or breach contract terms, and <br />provide for such sanctions and penalties as appropriate. <br />(B) All contracts in excess of $10,000 must address termination for cause and for <br />convenience by the non -Federal entity including the manner by which it will be <br />affected and the basis for settlement. <br />(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR <br />Part 60, all contracts that meet the definition of "federally assisted construction <br />contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided <br />under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal <br />Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. <br />339), as amended by Executive Order 11375, "Amending Executive Order 11246 <br />Relating to Equal Employment Opportunity," and implementing regulations at 41 <br />CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment <br />Opportunity, Department of Labor." <br />(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal <br />program legislation, all prime construction contracts in excess of $2,000 awarded by <br />non -Federal entities must include a provision for compliance with the Davis -Bacon <br />Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of <br />Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to <br />Contracts Covering Federally Financed and Assisted Construction"). In accordance <br />with the statute, contractors must be required to pay wages to laborers and <br />mechanics at a rate not less than the prevailing wages specified in a wage <br />determination made by the Secretary of Labor. In addition, contractors must be <br />required to pay wages not less than once a week. The non -Federal entity must place <br />a copy of the current prevailing wage determination issued by the Department of <br />Labor in each solicitation. The decision to award a contract or subcontract must be <br />conditioned upon the acceptance of the wage determination. The non -Federal entity <br />must report all suspected or reported violations to the Federal awarding agency. The <br />contracts must also include a provision for compliance with the Copeland "Anti - <br />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 <br />Public Work Financed in Whole or in Part by Loans or Grants from the United <br />States"). The Act provides that each contractor or subrecipient must be prohibited <br />MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 29 of <br />33 <br />