Emergency Management Performance Grean E23-184

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Subcontrac{ors on Public Building or Public Work Financed in Wrole or in Part by Loans or Grants from the United States"). The Act provirdes that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entig must report all suspected or reported violations to the federal awarding agency, 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). \ffhere appticable, all contrac{s awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. Al9? qn! 3,704 as supplemented by Department of Labor regulations (29 CFR Part S). Under 40 U.S.C. 37O2 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess oi the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week, The requirements of 40 U.S.C . 3704 are applicabte to construction work and provide that no laborer or mechanic must be required to work in surroundings orunder working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.6) Rights to lnventions Made Under a Contraot or Agreement. lf the federal award meets the definition of "funding agreement' under 37 CFR 5401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regaiding the substitution of parties, assignment or performance of experimentai, developmental, oi research work under that-"funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprciit Oryanizations and Small Business Firms lJnder Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.7) 91"_"1 Air Act (42 U.S.C. 74O1-7671q.) and the Federal Water Pollution Control Act (30 U.S.C. 1251-1387r, as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean nir Act (+2 U,! C, 7401-7671q) and the Federal Water Pollution Control Ac{ as amended (33 U.S.C, 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of lhe Environmentat protection Agency (EpA), 8) O9!ary9{-and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 CFR 180.220) must not be made to parlies listed on the government-wide exclusionsin the System for Award Management (SAM), in accordance with the OMB guidetines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.1Ag) and 12689 (g CFRpart 1989 Comp., p. 235), "Debarmenf and Suspensionj' SAM Exclusions contains the names of parties debarred, suspended, or othemise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other ihan Executive Order 1ZS4g.9) Byrd Anti-Lobbying Amendment (31 U.S,C, 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required cerlification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an offtcer or employee bt an! agency, a member of Congress, officer or employee of Congress, or an employee of a niember of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non{ederatfunds that tikes place in connection with obtaining any federal award. Such disclosures are fonrvarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials - As required by 2 CFR 200.923, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) it +O Cfn part DHS-FEMA-EMPG-FY22 Pag€ 14 of 39 Kittitas County,Ezg-1g4