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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />Federal awarding agency. The contracts must also include a provision for compliance with the <br />Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor <br />regulations (29 CFR Part 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 Sub -recipient 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 all <br />suspected or reported violations to the Federal awarding agency. <br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where <br />applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the <br />employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. <br />3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 <br />U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every <br />mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the <br />standard work week is permissible provided that the worker is compensated at a rate of not less <br />than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the <br />work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide <br />that no laborer or mechanic must be required to work in surroundings or under working <br />conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the <br />purchases of supplies or materials or articles ordinarily available on the open market, or contracts <br />for transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award <br />meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub - <br />recipient wishes to enter into a contract with a small business firm or nonprofit organization <br />regarding the substitution of parties, assignment or performance of experimental, developmental, <br />or research work under that "funding agreement," the recipient or Sub -recipient must comply <br />with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit <br />Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative <br />Agreements," and any implementing regulations issued by the awarding agency. <br />(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act <br />(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 <br />must contain a provision that requires the non -Federal award to agree to comply with all <br />applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- <br />7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). <br />Violations must be reported to the Federal awarding agency and the Regional Office of the <br />Environmental Protection Agency (EPA). <br />(H) Debarment and Suspension (Executive Orders 12549 and 12689}—A contract award <br />(see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties <br />List System in the System for Award Management (SAM), in accordance with the OMB <br />guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. <br />189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded <br />Parties List System in SAM contains the names of parties debarred, suspended, or otherwise <br />excluded by agencies, as well as parties declared ineligible under statutory or regulatory <br />authority other than Executive Order 12549. <br />(I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for <br />an award of $100,000 or more must file the required certification. Each tier certifies to the tier <br />above that it will not and has not used Federal appropriated funds to pay any person or <br />organization for influencing or attempting to influence an officer or employee of any agency, a <br />member of Congress, officer or employee of Congress, or an employee of a member of Congress <br />in connection with obtaining any Federal contract, grant or any other award covered by 31 <br />U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place <br />50 <br />