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Last modified
1/30/2025 11:21:24 AM
Creation date
1/30/2025 11:18:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
01/14/2025
Control Number
2025-001
Agenda Item Number
9.I.
Entity Name
State of Florida, Division of Emergency Management Agency (FEMA)
Subject
Federally Funded Subaward and Grant Agreement No. Z4612 for Hurricane Milton DR4834
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4.2 Additional Requirements <br />If applicable, in addition to the requirements mentioned in the beginning of this section, the NFE <br />must do the following: <br />■ Place a copy of the Department of Labor's current prevailing wage determination in each <br />solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing <br />wage determination is accepted. The non-federal entity must report all suspected or reported <br />violations to the federal awarding agency. 18 <br />■ Include a provision for compliance with the Copeland "Anti -Kickback" Act for all contracts subject <br />to the Davis -Bacon Act.19 See Required Contract Provisions, Section 5. Copeland Anti -Kickback <br />Act in this Guide for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory <br />requirements for the Copeland "Anti -Kickback" Act are incorporated by reference into the required <br />contract provision, so a separate contract provision is not necessary. However, the NFE may include <br />a separate contract provision specific to the Copeland "Anti -Kickback" Act. <br />■ Per Department of Labor's implementing regulations for the Davis -Bacon Act, the NFEs <br />contractor and any subcontractors are required to insert, or incorporate by reference, the clauses <br />contained at 29 C.F.R. § 5.5(a)(1)-(10)20 into any subcontracts. <br />■ Follow the other requirements of the Davis -Bacon Act and implementing regulations.21 <br />4.3 Required Language22 <br />If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. § <br />5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these <br />provisions in full in any subcontracts.23 <br />5. Copeland "Anti -Kickback" Act <br />The Copeland "Anti -Kickback" Act prohibits workers on construction contracts from giving up wages <br />that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29 <br />C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the <br />18 2 C.F.R. Part 200, Appendix II, § D. <br />19 2 C.F.R. Part 200, Appendix II, § D. <br />20 29 C.F.R. § 5.5(a)(6). <br />2140 U.S.C. §§ 3141-3144, 3146-3148; 29 C.F.R. Part 5. <br />22 29 C.F.R. § 5.5(a). <br />23 29 C.F.R. § 5.5(a)(1), (6). <br />24 See id.; 40 U.S.C. § 3145. The Copeland "Anti -Kickback" Act is supplemented by Department of Labor <br />regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in <br />Whole or in Part by Loans or Grants from the United States). <br />20 <br />
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