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be prohibited from inducing, by any mean$, any person employed in the construction,
<br />completion, or repair of public work, to give up any paft of the compensation to which he or
<br />she is otherwise entitled. The non-federal entity must report all suepected or repotted
<br />violations to the federal awarding agency.
<br />Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), Where applicable,
<br />all contracts awarded by the non-federal entity in excess of $100,000 that involve the
<br />employment of mechanics or laborers musl include a provision for compliance with 40 U.S,C.
<br />3702 and 3704, as supplemented by Departmentof 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 stsndard work week is permissible providod that ihe 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 excesg of 40
<br />hours in the work weak, 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 of
<br />-lrfider- working-oonditions--which"--are- unsanit-arV, hsiard.CIrjd or dange-rous. These
<br />requirements do not apply to the purchases of suppties or materials or articles ordinarily
<br />available on the open market, or contracts for transportation or transrnission of intelligence.
<br />Rlghts to lnventions Made Urrder a Contract or Agreement. lf the federal award meets the
<br />definition of "funding agreement' under 37 Cl:R $401.2 (a) and the recipient or Subrecipient
<br />wishes to enter into a oontract 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 "funding agreement," the recipient or $ubrecipient must cornply
<br />with the requirements of 37 CFR Part 401, "Rrgrhfs to lnventions Made by Nonprofit
<br />Organfzafions and Sma/l Business Ffrms Under Goyemment Granfq Contracts and
<br />Cooperative Agreements," and any implementing regulations issued by the awardlng agency.
<br />Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (S0
<br />U,S.C. 125f-1387), as amended--Contracts and subgrants of amounts in excess of
<br />$150,000 must contain a provision that requires the non-federal award to agree to comply
<br />with allappticable standards, orders or regulations issued pursuant to the Clean Air Act
<br />-U-S
<br />=Q,-7401 -767{'q)-a nd-the-Fadera l-Water-Pul as C.
<br />1251-f 387). Violations must be reported to the federal awarding agency and the Regional
<br />Office of the Environrnental Protection Agency (EPA).
<br />B) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2
<br />CFI? 180.220) must not be made to parties listed on the government-wide exclusions in the
<br />$ystem forAward Management (gAM), in accordance with the OMB guidellnes at 2 CFR 180
<br />that implernent Executive Orders 12549 (3 CFR part f 986 Comp,, p. 189) and 12689 (3 C_FR
<br />..part :1989 Comp;,-p; 235), .Debarment and SuspensiOrfl" $AM Exclirsions contains the
<br />names of partios debarred, suspended, or otherwise excluded by agencies, as well as parties
<br />declared lneligible under statutory or regulatory authority other than Hxecutive Order 12549.
<br />9) Byrd Anti-Lobbying Amendment (31 U.S.C, 1352)-Goniractors that apply or bid for an award
<br />exceeding $f 00,000 must file the required certification, Each tier certifies to the tier above
<br />that tt will nut and has not used federal appropriated funds to pay any person or organization
<br />for influencing or atternpting to influence an officer or employee of any agency, a member of
<br />Congress, officer or ernployee of Congress, or an ernployee of a mernber 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 takee
<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 agendy of a political subdivision of a state and its contractors rnust
<br />cornply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
<br />Conservation and Recovery Act. The requirements o( Section 6002 include ptocuting only
<br />iterrrs designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR paft
<br />247 that contain the highest percentage of recovered materials practicable, consistent with
<br />maintaining a satisfaotory level of competition, where ihe purchase price of the item exceeds
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