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State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
<br />Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
<br />In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
<br />OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
<br />cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
<br />responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
<br />comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />A.9 CONFLICT OF INTEREST
<br />No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
<br />designees or agents; no member of the governing body of the jurisdiction in which the project is
<br />undertaken or located; and no other official of the Subrecipient who exercises any functions or
<br />responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
<br />gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
<br />performed in connection with the project assisted under this Agreement.
<br />The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
<br />provision prohibiting such interest pursuant to this provision.
<br />A.10 CONTRACTING & PROCUREMENT
<br />a. The Subrecipient shall use a competitive procurement process in the procurement and award of
<br />any contracts with contractors or subcontractors that are entered into under the original
<br />agreement award. The procurement process followed shall be in accordance with 2 CFR Part
<br />200.318, General procurement standards, through 200.327, Contract provisions.
<br />As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
<br />this Agreement must include the following provisions, as applicable:
<br />1) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
<br />amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
<br />Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
<br />administrative, contractual, or legal remedies in instances where contractors violate or
<br />breach contract terms, and provide for such sanctions and penalties as appropriate.
<br />2) All contracts in excess of ten thousand dollars ($10,000) must address termination for cause
<br />and for convenience by the non-federal entity including the manner by which it will be affected
<br />and the basis for settlement.
<br />3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
<br />contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
<br />60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
<br />accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
<br />12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
<br />"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
<br />implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
<br />Programs, Equal Employment Opportunity, Department of Labor."
<br />4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
<br />legislation, all prime construction contracts in excess of two thousand dollars ($2,000)
<br />awarded by non-federal entities must include a provision for compliance with the Davis -
<br />Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
<br />regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
<br />Federally Financed and Assisted Construction"). In accordance with the statute, contractors
<br />must be required to pay wages to laborers and mechanics at a rate not less than the
<br />prevailing wages specified in a wage determination made by the Secretary of Labor. In
<br />addition, contractors must be required to pay wages not less than once a week. The non-
<br />federal entity must place a copy of the current prevailing wage determination issued by the
<br />Department of Labor in each solicitation. The decision to award a contract or subcontract
<br />must be 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 contracts
<br />must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40
<br />DHS-FEMA-HSGP-SHSP-FY25 Page 16 of 65 Kittitas County, E26-350
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