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provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S,C. 3145), as
<br />supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
<br />Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
<br />Grants from 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 otherwise 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. 3701-3708). Where applicabte,
<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 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 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 />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 $401,2 (a) and the recipient or Subreciplent
<br />wishes to enter into a contract with a small business firm or nonprofit organization regaiding
<br />the substitution of parties, assignment or performance of experimental, developmental, oi
<br />research work under that "funding agreement," the recipient or Subrecipient must comply
<br />with the requirements of 37 CFR Part 401,'Rrghfs ta lnventions Made by Nonprofit
<br />Organizations and Small Business Firms llnder Government Grants, Contracts and
<br />Cooperative Agreements," and any implementing regulations issued by the awarding agency.7) Clean Air Acl (42 U,S.C. 7401-7671q.) and the Federal Water Pollution Control Act (83
<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 ( e
<br />U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U,S:C.
<br />1251-1387). Violations must be reported to the federal awarding agency and the Regional
<br />Office of the Environmental Protection Agency (EpA).
<br />B) Dglalment 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 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. 1BO) and 12689 (3 CFR
<br />part 1989 Comp,, p. 235), "Debarmenf and Suspension." SAM Exclusions contains the
<br />names of parties debarred, suspended, or othenrvise excluded by agencies, as well as parties
<br />declared ineligible under statutory or regulatory authority other than Executive Qrder 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 Congress, or an employee of a member of 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 tikes
<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 />comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
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