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Last modified
1/30/2025 11:21:24 AM
Creation date
1/30/2025 11:18:34 AM
Metadata
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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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Davis -Bacon Act's minimum wage provisions as well as various statutes with similar minimum wage <br />provisions for federally assisted construction.25 <br />5.1 Applicability <br />For all prime construction contracts above $2,000, when the Davis -Bacon Act also applies,26 NFEs <br />must include a provision in contracts and subcontracts for compliance with the Copeland "Anti - <br />Kickback" Act.27 This requirement applies to all prime construction contracts above $2,000 in <br />situations where the Davis -Bacon Act also applies.28 In situations where the Davis -Bacon Act does <br />not apply, neither does the Copeland "Anti -Kickback" Act. As described in section A.4 regarding the <br />Davis -Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement <br />programs. Please reference that list discussed above. Of note, it does not apply to the PA Program. <br />5.2 Additional Requirements <br />If applicable, the NFE must do the following: <br />■ Include a provision for compliance with the Copeland "Anti -Kickback" Act.29 According to the <br />Davis -Bacon Act implementing regulations, the requirements for the Copeland "Anti -Kickback" <br />Act are incorporated into the required contract provision for the Davis -Bacon Act by reference.30 <br />Therefore, a separate contract provision is not necessary. However, the NFE may include a <br />separate contract provision specific to the Copeland "Anti -Kickback" Act with language <br />suggested below. <br />■ The Copeland "Anti -Kickback Act" prohibits each contractor or subcontractor from any form of <br />persuading a person employed in construction, completion, or repair of public work to give up <br />any part of their rightful compensation. The NFE must report all suspected or reported violations <br />of the Copeland "Anti -Kickback Act" to FEMA.31 <br />■ Each contractor and subcontractor must provide weekly reports of the wages paid during the <br />prior week's payroll period to each employee covered by the "Copeland Anti -Kickback" Act and <br />the Davis -Bacon Act. The reports must be delivered to a representative of a federal or state <br />agency in charge at the building or work site by the contractor or subcontractor within seven days <br />of the payroll period's payment date.32 <br />25 See 29 C.F.R. § 3.1. <br />26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c). <br />27 2 C.F.R. Part 200, Appendix II, § D. <br />28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c). <br />29 See 29 C.F.R. § 3.11. <br />30 29 C.F.R. § 5.5(a)(5). <br />31 See 2 C.F.R. Part 200, Appendix II, § D. <br />32 See 29 C.F.R. § 3.4. <br />21 <br />
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