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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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Board of Public Works
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Contracts
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8/22/2023
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120320-ALL <br /> <br />Rev. 10/2020 14 <br /> <br /> <br />21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER <br />UNITED STATES FEDERAL AWARDS OR OTHER AWARDS <br /> <br />Participating Entities that use United States federal grant or FEMA funds to purchase goods or <br />services from this Contract may be subject to additional requirements including the <br />procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit <br />Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require <br />additional requirements based on specific funding specifications. Within this Article, all <br />references to “federal” should be interpreted to mean the United States federal government. <br />The following list only applies when a Participating Entity accesses Vendor’s Equipment, <br />Products, or Services with United States federal funds. <br /> <br />A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all <br />contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- <br />1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in <br />accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, <br />12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending <br />Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing <br />regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal <br />Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated <br />herein by reference. <br /> <br />B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal <br />program legislation, all prime construction contracts in excess of $2,000 awarded by non- <br />federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § <br />3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, <br />“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted <br />Construction”). In accordance with the statute, contractors must be required to pay wages to <br />laborers and mechanics at a rate not less than the prevailing wages specified in a wage <br />determination made by the Secretary of Labor. In addition, contractors must be required to pay <br />wages not less than once a week. The non-federal entity must place a copy of the current <br />prevailing wage determination issued by the Department of Labor in each solicitation. The <br />decision to award a contract or subcontract must be conditioned upon the acceptance of the <br />wage determination. The non-federal entity must report all suspected or reported violations to <br />the federal awarding agency. The contracts must also include a provision for compliance with <br />the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor <br />regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work <br />Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that <br />each contractor or subrecipient must be prohibited from inducing, by any means, any person <br />employed in the construction, completion, or repair of public work, to give up any part of the <br />compensation to which he or she is otherwise entitled. The non-federal entity must report <br /> <br />
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