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ATTACHMENT 8
<br />Contract Provisions for DOI-Funded Agreements
<br />The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following
<br />provisions, where applicable. For purposes of this Grant Agreement between the Department and the
<br />Grantee, the term "Recipient" shall mean "Grantee."
<br />Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to
<br />all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions
<br />of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
<br />Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include
<br />these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however
<br />for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the
<br />subrecipients shall assume the role of the Recipient.
<br />2 CFR PART 200 APPENDIX 2 REQUIREMENTS
<br />1. Administrative, Contractual, and Legal Remedies
<br />The following provision is required if the Agreement is for more than $150,000. In addition to any of the
<br />remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
<br />terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable
<br />to this Contract, the Non -Federal Entity may take one or more of the following actions.
<br />i. Temporarily withhold payments pending correction of the deficiency by the
<br />Recipient.
<br />ii. Disallow (that is, deny both use of funds and any applicable matching credit for)
<br />all or part of the cost of the activity
<br />or action not in compliance.
<br />iii. Wholly or partly suspend or terminate this Contract.
<br />iv. Take other remedies that may be legally available.
<br />The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension
<br />under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand
<br />a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of
<br />this Agreement.
<br />2. Termination for Cause and Convenience
<br />Termination for Cause and Convenience are addressed elsewhere in the Agreement.
<br />3. Equal Opportunity Clause
<br />The following provision applies if the agreement meets the definition of "federally assisted construction
<br />contract" as defined by 41 CFR Part 60-1.3:
<br />During the performance of this Agreement, the Recipient agrees as follows:
<br />i. The Recipient will not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />The Recipient will take affirmative action to ensure that applicants are employed, and
<br />that employees are treated during employment without regard to their race, color, religion,
<br />sex, sexual orientation, gender identity, or national origin. Such action shall include, but not
<br />be limited to the following:
<br />a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
<br />layoff or termination; rates of pay or other forms of compensation; and selection for
<br />training, including apprenticeship. The Recipient agrees to post in conspicuous places,
<br />available to employees and applicants for employment, notices to be provided setting
<br />forth the provisions of this nondiscrimination clause.
<br />ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf'
<br />of the Recipient, state that all qualified applicants will receive consideration for employment
<br />without regard to race, color, religion, sex, sexual orientation, gender identity, or national
<br />origin.
<br />iii. The Recipient will not discharge or in any other manner discriminate against
<br />any employee or applicant for employment because such employee or applicant has inquired
<br />Attachment 8
<br />1 of 5
<br />Rev. 7/2/18
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