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Attachment J Mandatory Contract Provisions Provisions: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix 11 to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) -Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation. adjusted amount determined by the Civilian Agency Acquisition. Council and the Defense Acquisition Regulations Council (Councils) -As authorized by41 U.S.C. 1908; must address administrative, contractual, or legal .remedies.in instances where contractors violate or breach contract terms, and provide.for such sanctions-and.pen ' ties_as-appropriate. (B) All contracts in excess of'$10;000 must. -address termination for cause and for convenience by the:non-Federal .entity;induding4hengnn6.r by which it will be.affected and the basis for settlement. (C) Equal Emp"I- contra oyment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the -equal opportunity -clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal'Employment Opportunity" (30'FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339); as amended by Executive Order 11375, °Amending~Executive Order 11246 Relating to: Equal Employment Opportunity," and implementing _regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs Equal. Employment Opportunity, ,Department of Labor." (D),:Daws-Bacon Act,::as amended (40 U.S:C. 3141=3148). When required by Federal program legislation, d1V rime construction contracts in excess. of $2;000 awarded by non -Federal entities must include a provision"for compliance with the:Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Departmentof.Labor regulations (29 CFR -Part 5, "Labor Standards. Provisions Applicableto;Contraets:CoveringFederallyFinancedantl Assisted Construction"). In accordance with the statute;..contractors'must,be'required;to.�p'ay wages to laborers and mechanics:at a rate not less than the prevailing wagesspecified in -.a wage determination made by. the Secretary of Labor. In addition, contractors must<be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current; prevailing wage determination issued by the Department of Labor in each solicitation. The.decision to award -.a contract or subcontract. must be conditioned upon the acceptance of the wage determination. The non -Federal entity must reportall suspected or reported violations to the Federal:awarding agency. Ther contracts must also include:a,provision for compliance with the. Copeland "Anti=lGckback" Act (40 U:SC. 3145), as supplemented by;Department of Labor -regulations (29 CFR Part 3, "Contractors.and Subcontractors on:'Public; Building or Public.Work Financed in Whole or in Part.by Loans,or. Grants from the -United States"). The Act-providesthat each contractor or Sub -recipient must be prohibited from1nducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of.the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. ' For example, the Davis -Bacon Act is not applicable to HMGP subgrants, but sub -recipient can include the provision. 56