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supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and <br />Subcontractors on Public Buitding or Public Work Financed in Wrole or in Part by Loans or <br />Grants ftom the United States"). The Act provides that each contractor or Subrecipient must <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 othenryise entitled. The non-federal entity must report all suspected or reported <br />violations to the federal awarding agency. <br />5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-370S). Where applicable, <br />all contrads awarded by the non-federal entity in excess of $100,000 that invilve the <br />employment of mechanics or laborers must include a provision for compliance w1h 40 U.S.C. <br />3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part S). Under <br />40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages bf 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. 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 />requirements do not apply to the purchases of supplies or rnaterials or articles ordinarily <br />available on the open market, or contracls for transportation or transmission of intelligence.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 smallbusiness firm or nonprofit organization regarding <br />the substitution of parties, assignment or performance of experimental, Oevelopmental, oi <br />research work under that "funding agreement," the recipient or Subrecipient must comply <br />with lhe requirements of 37 CFR Part 401, "Rrghfs to lnventions Made by Nonprcfit <br />Organizations and Small Business Fr'rms lJnder Government Gnnts, Cohtracts- and <br />Cooperative Agreements," and any implementing regulations issued by the awarding agency,7) Clean Air Act (42 U.S.C. 74O1-7671q.) and the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-'1387), as amended-Contrac{s and subgrants of amounts in excess of <br />$150,000 must contain a provision that requires the non-federal award to agree to comply <br />with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 <br />U.S.C. 7401-7671q) and the Federal Water Pollution ControlAct as amended (33 U.S.C. <br />1251-13871 Molations must be reported to the federal awarding agency and thd Regional <br />Office of the Environmental Protection Agency (EpA). <br />8) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 <br />CFR 180.220) must not be made to parties listed on the government-wide exclusions in the <br />System for Award Management (SAM), in accordance with tne OMB guidelines at 2 CFR 1 80 <br />that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. tgg) and 12689 (3 CFRpart 1989 Comp., p. 235), "Debarment and Suspensrbn.' SAM Exclusions contains the <br />names of parties debarred, suspended, or othenrise excluded by agencies, as well as parties <br />declared ineligible under statutory or regulatory authority other than Executive Order 1ZS4g.9) Byrd Anti-Lobbying Amendment (31 U.$.C. 1352)-Contractors that apply or bid for an award <br />exceeding $100,000 must file the required certification. Each tier certilies 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 Congress, or an employee of a member of Congress in <br />connection with obtaining any federal contract, grant or any other award coverea ny ft <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 must <br />c_omply with sedion 6002 of the Solid Waste Disposal Act, as amended by the Resource <br />Conservation and Recovery AcL The requirements of Section 6002 indudC procuring only <br />DHS-FEMA.HSGP.SHSP-FY22 Page 14 ot 44 Kittitas County, E2$116