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09/19/2017 (2)
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09/19/2017 (2)
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5/1/2025 11:17:33 AM
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11/14/2017 9:45:16 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/19/2017
Meeting Body
Board of County Commissioners
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OMS Gui kulce <br />{D) Dams -Baron Act. as amended (40 U.S:C. <br />3171-3149:i, When required by program <br />legislation. all print,, construction contracts <br />I <br />n excess of 52.000 awarded by nun -Federal <br />entities must Include a proinsion for compli- <br />ance with the Davis -Bacon Act 0(} U.S-C. <br />314I-3144. and 314G4148) as supplemented by <br />Department. of Labor regulations (29 CPR <br />Part 5. "Labor Standards Pro atom- Appli- <br />cable to Conwact:, Coval= Pedorally Fi- <br />nanced and Assisted Construction"). In ac- <br />cordance with the statute. contra tors must <br />be required to pat mages to laborers and me- <br />CIL"Ics at a rate not less than tb2 prevailing <br />wage-. specified in a wage determination <br />made by the Secretary of Labor. In addition - <br />contractors must be required to pay wages <br />not, less than once a week. The non -Federal <br />entity must place a cops of the current pre- <br />vailing wake determination I=ed by, the. Do- <br />partment of Labor In each solicitation. The <br />decision to award a contract or subcontract <br />most be conditioned upon tae acceptance of <br />the wage determination. The non-Pederal en- <br />tity must report all suspected or reported <br />violations to the Federal awarding agency. <br />Tile contracts must also include a pivin=ion <br />for compliance with the Copeland "Anti - <br />Kickback" Act 140 U.S.C. 31451. as supple- <br />mented by Department of Labor regulations <br />(29 CPR Part 3, "Conti-,xtors and Sub- <br />contractors on Public Building or Public <br />Work Financed in Whole or in Part. by Loans <br />or Grants from the Unit -d States"). The Act <br />provides that, each contractor or sub - <br />recipient must be prohibited from inducing. <br />by, an; means. Any person employed in tine <br />construction. completion, or repair of public <br />work. to give up any part of the compensa- <br />tion to which be or she is otborwise- ontitled. <br />The non -Federal entity must report all sus- <br />pected or reported violations to the Federal <br />awarding agency. <br />(E) Contract Rork Hours and Safety <br />Standards Act (40 U.S.C. M01-3709). Where <br />applicable. all contracts awarded by the non- <br />Fedetal entity in excess of SI00.000 ,bat in- <br />volve the employment of meclianics or labor- <br />ers must-tnclude a provision for compliance <br />with 40 U.S.C. 3;02 and 3701. as supplemented <br />by, Department of Labor regulations (213 CFR <br />Fart 5). Under 40 U.S.C. V92 of the Act. each <br />contractor must• be required to compute tare <br />wagas of every mechanic and laborer on the <br />basis of a standard work week of 40 hours. <br />Work to oxcess of the standard work week is <br />permissible provided that the worker is com- <br />mnsatod at a rat•i, of not. less than one and a <br />half times the basic rate of p.^av for all hours <br />worked in excess of 40 hours in dict work <br />week. The relulremontc of 40 U.S.C. 301 ar, <br />Applicable to construction .work and provide <br />that no latitirar or meebamc must bt,% re. <br />quirmd to :tori: in ;uvrournliags or under <br />working conditions which are unsarat.ary. <br />h:+: arAnus or d:ineo ous. 72iese t.gturemer-B <br />do not apply to Ilia purchases of supplle:� or <br />47 <br />Pt. 200e App. If <br />materials or articles ordinarily available on <br />the open market. or contracts for transpor- <br />tation or tV2115Mlsston of intelligence. <br />{P) Rights to Inventions Made Under a <br />Contract or Agreement. If the Pedorai award <br />meeta the definition of "funding amoment" <br />under 37 CFR §4013 ta; and the rocipient. or <br />subreciplent wishes to enter into a contract <br />with a small business firm or nonprofit orga- <br />nizstlou' regarding the substitution of par- <br />t4es. assignment or performance of experi- <br />mental- developmental. or research work <br />under that "funding agreement." the recipi- <br />ent or sabreciplent must comply with the re- <br />quirements of 37 CFR Part 401. "Rights to In- <br />ventions dude by Nonprofit Organizations <br />and Small Business Firms Under Govern- <br />ment Grants. Contracts and Cooperative <br />Agreements." and any implementing regula- <br />tJons issued by the awarding agency. <br />(G) Clean Air Act (42 U.S.C. 7401-7,f iiq.) and <br />the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-1387). as amended—Contracts and <br />subgrants of amounts in excess of 5150.000 <br />must contain a provision that requires the <br />non-Pederal award to agree to comply with <br />all applicable standards. orders or regula- <br />tions Issued pursuant to the Clean Air Act <br />(42 U.S.C. 790.1-767Iq) and the Pederai Water <br />Pollution Control Act as amended (33 C.S.G. <br />1291-138;), Violations must ba reported to the <br />Federal awarding agency and the Regional <br />Office of the Environmental Protection <br />Agency MPA). <br />(li) Mandatory standards and policies re- <br />lating to enerv- efficiency which are con- <br />tained in the state enelgs conservation plan <br />Issued In compliance with the Energy Policy <br />and Conservation Act (42 U.S-C. 620I). <br />(I) Debarment and Suspension (Executive <br />Orders 12549 and M89}—A contract award <br />(see 2 CPR 1803M) muse not be made to par- <br />ties listed on the governmentulde Excluded <br />Parties List System in the System for Award <br />Management (SAM), in accordance mth the <br />ONID guidelines at 2 CFR 180 that. implement <br />Executive Orders.. 12519 B CPR, Part 1986' <br />Comp.. p. 1891 and L"G99 (3 CPR Part 1989 <br />Comp.. p. 235). "Dohar•ment and Suspension. <br />The Excluded Parties List System in SAM <br />contains the name s of parties debarred. sus- <br />pended. or otherwise excluded by agencies. as <br />welt.rs parties declared ineligible under st at- <br />utdry or iregulatory, autbortty other than Rx- <br />ecutive Order 12519. <br />(J) Bard huti-Lobbying Amendment (31 <br />U.S-C-. 13W)—Contractors that apply or bid <br />for an award of $100.000 or morx, must file the <br />reaquirM certification. 1•;4eb tier certifies to <br />the ,Acv' ibovo that it will not. and has not. <br />used Pedaral appropriated fonds to pay anti. <br />tvrson or organization for influencing or at, <br />tompt:ir to influence an officer or employee <br />of any azoncy. :% member of Corigivss. officer <br />or etnploye, of Congress. or an employee of a <br />member of Congress in eonneetion witb ob- <br />tagininz ants Federal conte -act. urant or any <br />195 <br />. P188 <br />
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