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ATTACHMENT 8
<br />Contract Provisions for Department of Commerce (DOC) Funded Agreements
<br />The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,
<br />where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term
<br />"Recipient" shall mean "Grantee."
<br />Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower
<br />tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB
<br />Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these
<br />requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating
<br />this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the
<br />Grantee shall assume the role of the Non -Federal Entity and the 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 remedies
<br />described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this
<br />Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal
<br />Entity may take one or more of the following actions.
<br />i. Temporarily withhold payments pending correction of the deficiency by the Recipient.
<br />ii. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost
<br />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 under
<br />Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund,
<br />either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of 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 contract" as
<br />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 because of
<br />race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take
<br />affirmative action to ensure that applicants are employed, and that employees are treated during
<br />employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
<br />national origin. Such action shall include, but not be limited to the following:
<br />a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. The Recipient agrees to post in conspicuous places, available
<br />to employees and applicants for employment, notices to be provided setting forth the provisions of
<br />this nondiscrimination clause.
<br />ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of
<br />the Recipient, state that all qualified applicants will receive consideration for employment without
<br />regard to race, color, religion, sex, sexual orientation, gender identity, or national 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 about,
<br />discussed, or disclosed the compensation of the employee or applicant or
<br />another employee or applicant. This provision shall not apply to instances in which an employee who
<br />has access to the compensation information of other employees or applicants as a part of
<br />such employee's essential job functions discloses the compensation of such
<br />other employees or applicants to individuals who do not otherwise have access to such information,
<br />unless such disclosure is in response to a formal complaint or charge, in furtherance of an
<br />investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
<br />is consistent with the Recipient's legal duty to furnish information.
<br />Attachment 8
<br />Page 1 of 5
<br />Rev. 6/14/2019
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