HomeMy WebLinkAbout21-324 RESOLUTION NO. 21-324
A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF
PURCHASING REGULATIONS; TO ADD FEDERAL PROCUREMENT
REQUIREMENTS FOR PURCHASES WITH FEDERAL GRANTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the
following determinations:
1. On September 24, 1985, the Board of County Commissioners for St. Lucie County,
(the "Board") adopted Ordinance No. 85-06 which created a purchasing department.
2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established
the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St.
Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual");
and since that date the Purchasing Manual has been amended from time to time.
3. On September 17, 2019, the Board adopted Resolution No. 19-197 which is the
most recent of the numerous resolutions that amended the Purchasing Manual.
4. It is necessary to further amend the Purchasing Manual to add Federal
Procurement Requirements for Purchases with Federal Grants.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set
forth in Exhibit "A" attached.
2. This resolution shall become effective upon adoption.
After motion and second the vote on this Resolution was as follows:
Commissioner Chris Dzadovsky, Chair AYE
Commissioner Sean Mitchell, Vice-Chair AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
1
PASSED AND DULY ADOPTED this 17th day of August, 2021
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COU OR'
4ktk
BY:
DEPUTY CLER 0.1 CO414t' CHA
O U 4Ji
, m
y
o� * APPROVED AS TO FOR AND
c°hNrr,FOIL CORRECTNE
COUNTY A RNEY
2
ATTACHMENT C
PROCUREMENT REQUIREMENTS FOR PURCHASES WITH FEDERAL GRANTS
Contract Clauses Required by 2 C.F.R. Section 200.327 and 2 C.F.R. Part 200, Appendix II
Federal regulations at 2 C.F.R. § 200.327 require that_a non-Federal entity include certain provisions in contracts
paid for with federal funding. The required provisions are described in Appendix II to 2 C.F.R. Part 200 (Contract
Provisions for Non-Federal Entity Contracts Under Federal Awards).
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold (currently, $250,000)
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
See 2 C.F.R. Part 200, Appendix II, Paragraph A.
b. Applicability: This provision is required for all federally funded contracts above the simplified
acquisition threshold.
2. Termination for Cause and Convenience.
a. All contracts in excess of$10,000 must address termination for cause for convenience by the
County, including the manner by which it will be effected and the basis for settlement. See 2
C.F.R. Part 200, Appendix II, Paragraph B.
b. Applicability: This provision is required for all federally funded contracts above $10,000.
3. Equal Employment Opportunity.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.2 must include the
equal opportunity clause provided under 41 C.F.R. Section 60-1.4(b), in accordance with
Executive Order 11246, Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R.
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
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2. C.F.R. Part 200, Appendix II, Paragraph C.
b. Key Definitions.
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. Section 60-1.3
defines a "federally assisted construction contract" as any agreement or modification
thereof between any applicant and a person for construction work which is paid for in
whole or in part with funds obtained from the Government or borrowed on the credit of the
Federal Government pursuant to an Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or modifications thereof
approved by the Federal Government for a grant, contract, loan, insurance, or guarantee
under which the applicant itself participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. Section 60-1.3 defines"construction work"
as the construction, rehabilitation, alteration, conversion, extension, demolition or repair
of buildings, highways, or other changes or improvements to real property, including
Exhibit A
facilities providing utility services. The term also includes the supervision, inspection, and
other onsite functions incidental to the actual construction.
c. Applicability. This requirement applies to all procurements that meet the definition of a
"federally assisted construction contract."
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the
following contract clause:
During the performance of this contact, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer' recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisement for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive considerations
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
14, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, and orders, this contract maybe
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Federal Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
2
11246 of September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations or order of the Secretary of
Labor issued pursuant to section 264 of Executive Order 11246 of September 24,
1965, so that such provision will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a s subcontractor
or vendor as a result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interests of the
United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a state or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision
of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
4. Davis-Bacon Act.
a. Applicability. When required by the federal program legislation, prime construction contracts over
$2,000 must include a provision for compliance with the Davis-Bacon Act. With respect to FEMA
grants, the Davis-Bacon Act only applies to the Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program, Transit Security Grant Program, Intercity
Passenger Rail Program, and Rehabilitation of High Hazard Potential Dams Program.. Unless
otherwise stated in a program's authorizing statute, it does not apply to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program.
b. Additional Requirements: If Davis-Bacon Act is applicable, the County must also do the following:
3
(1) Place a copy of the Department of Labor's current prevailing wage determination in each
solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing
wage determination is accepted. The non-federal entity must report all suspected or
reported violations to the federal awarding agency.
(2) Include a provision for compliance with the Copeland "Anti-Kickback" Act for all contracts
subject to the Davis-Bacon Act. According to 29 C.F.R. § 5.5(a)(5), the regulatory
requirements for the Copeland "Anti-Kickback" Act are incorporated by reference into the
required contract provision, so a separate contract provision is not necessary. However,
the County may include a separate contract provision specific to the Copeland "Anti-
Kickback" Act.
(3) Per Department of Labor's implementing regulations for the Davis-Bacon Act, the County's
contractor and any subcontractors are required to insert, or incorporate by reference, the
clauses contained at 29 C.F.R. § 5.5(a)(1)-(10) into any subcontracts.
(4) Follow the other requirements of the Davis-Bacon Act and implementing regulations.
c. Required Language: If applicable per the standard described above, the County must include the
provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable
contractors must include these provisions in full in any subcontracts.
5. Copeland Anti-Kickback Act Compliance with the Copeland "Anti-Kickback Act.
a. Applicability. All prime construction contracts above $2,000 for which the Davis-Bacon Act also
applies. In situations where the Davis-Bacon Act does not apply, neither does the Copeland "Anti-
Kickback" Act.
b. Additional Requirements.
(1) Include a provision for compliance with the Copeland "Anti-Kickback" Act. According to
the Davis-Bacon Act implementing regulations, the requirements for the Copeland "Anti-
Kickback" Act are incorporated into the required contract provision for the Davis-Bacon
Act by reference. Therefore, a separate contract provision is not necessary. However,
the County may include a separate contract provision specific to the Copeland "Anti-
Kickback" Act with language suggested below.
(2) The Copeland "Anti-Kickback Act" prohibits each contractor or subcontractor from any
form of persuading a person employed in construction, completion, or repair of public work
to give up any part of their rightful compensation. The County must report all suspected
or reported violations of the Copeland "Anti-Kickback Act" to FEMA.
(3) Each contractor and subcontractor must provide weekly reports of the wages paid during
the prior week's payroll period to each employee covered by the "Copeland Anti-Kickback"
Act and the Davis-Bacon Act. The reports must be delivered to a representative of a
federal or state agency in charge at the building or work site by the contractor or
subcontractor within seven days of the payroll period's payment date.
(4) Follow the other requirements of the Copeland "Anti-Kickback" Act and implementing
regulations.
c. Suggested Language.
Compliance with the Copeland "Anti-Kickback" Act. Contractor.
(1) Contractor. The contractor shall comply with 18 U.S.C. Section 874, 40 U.S.C. Section
3145, and the requirements of 29 C.F.R. pt.3, as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as FEMA may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontractors. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
4
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
Section 5.12.
6. Contract Work Hours and Safety Standards Act.
a. Applicability. This requirement applies to all procurments over $100,000 that involve the
employment of mechanics, laborers, and construction work. It does not apply to the purchase of
supplies or materials or articles ordinarily available on the open market, or contracts for
transmission of intelligence.
b. Additional Requirements.
(1) If applicable per the standard described above, the County must include the provisions at
29 C.F.R. § 5.5(b)(1)-(4) (provided below), verbatim, into all applicable contracts, and all
applicable contractors must include these provisions, in full, into any subcontracts.
(2) In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject
only to the Contract Work Hours and Safety Standards Act and not to any other statutes
cited in 29 C.F.R. § 5.1, the County must also insert a clause meeting the requirements of
29 C.F.R. § 5.5(c).
c. Required Language. The required language 29 C.F.R. § 5.5(b)(1)-(4) is provided below:
Compliance with the Contract Work and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any work week in which he or she is
employed on such work to work in excess of forty hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States, for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard work week of forty hours without payment of the
overtime wage required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as my be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provide in the clause set forth
in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with
the clauses set forth in paragraphs (1) through (4) of this section.
7. Rights to Inventions Made Under a Contract or Agreement.
a. Standard. If the federal award meets the definition of "funding agreement" under 37 C.F.R.
Section 401.2(a) and the County wishes to enter into a contract with a small business firm or
5
nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the County must
comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organization and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulation issued by FEMA. See 2 C.F.R. Part 200,
Appendix II, Paragraph F.
b. Applicability. This provision does not apply to all FEMA grant and cooperative agreement
programs. The County should refer to applicable Notice of Funding Opportunity or other program
guidance or contact their applicable grant representative to determine if this provision is required
for the procurement. However, the Rights to Inventions Made Under a Contract or Agreement
clause is not required for procurements under FEMA's Public Assistance Program.
c. Key Definition. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as
any contract, grant, or cooperative agreement entered into between any Federal agency, other
than the Tennessee Valley Authority, and any contractor for the performance of experimental,
developmental, or research work funded in whole or in part by the Federal government. This term
also includes any assignment, substitution of parties, or subcontract of any type entered into for
the performance of experimental, developmental, or research work under a funding agreement
as defined in the first sentence of this paragraph.
8. Clean Air Act and the Federal Water Pollution Control Act.
a. Standard. Contracts in excess of $150,000 must contain a provision requiring the contractor to
comply with the Clean Air Act (42 U.S.C. Section 7401-7571q) and the Federal Water Pollution
Contract Act (33 U.S.C. Sections 1251-1387). Violations must be reported to FEMA and the
Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II
Paragraph G.
b. Suggested Language. The following clauses shall be included in applicable contracts:
Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401, et seq.
(2) The contractor agrees to report each violation to the Florida Department of Environmental
Protection ("FDEP") and understands and agrees that FDEP will, in turn, report each
violation as required to assure notification to the County, FEMA, and the appropriate
Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Florida Department of Environmental
Protection ("FDEP") and understands and agrees that FDEP will in turn report each
violation as required to assure notification to the County and the appropriate
Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 finance in whole or in part with Federal assistance provided by FEMA.
9. Debarment and Suspension.
a. Applicability. This requirement applies to all contracts and subcontracts for $25,000 or more, all
contracts that require the consent of an official of a federal agency, and all contracts for federally
required audit services. However, even for procurements under$25,000, the County must comply
with the regulation requiring that it only award contracts to responsible vendors.
6
b. Additional Requirements.
(1) The debarment and suspension regulations restrict awards, subawards, contracts, and
subcontracts with parties that are debarred, suspended, or otherwise excluded, or
declared ineligible for participation in federal assistance programs and activities.
(2) If applicable, a contract or subcontract must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM). SAM
Exclusions is the list maintained by the General Services Administration that contains the
names of parties that are debarred, suspended, or otherwise excluded, or declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
Exclusions can be accessed at www.sam.gov.
(3) In general, an "excluded" party cannot receive a federal grant award or a contract
considered to be a "covered transaction," which includes parties that receive federal
funding indirectly such as subawards and subcontracts. The key to the exclusion is
whether there is a covered transaction. A covered transaction is a nonprocurement
transaction at either a primary or secondary tier.
(4) Specifically, a covered transaction includes the following contracts for goods or services
under FEMA grant and cooperative agreement programs:
• The contract is at least $25,000.
• The contract requires the approval of FEMA, regardless of amount.
• The contract is for federally required audit services.
• It is a subcontract for $25,000 or more.
c. Suggested Language. The following debarment and suspension clause incorporates an optional
method of verifying that contractors are not excluded or disqualified. It shall be included in all
applicable contracts.
Suspension and Debarment.
(1) This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R.
Part 3000. As such, the contractor is required to verify that none of the contractor's
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
(2) The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the County. If it is later
determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2
C.F.R. Part 3000, subpart C, in addition to remedies available to the County, the federal
government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180,
subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
10. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement for a contract clause and certification applies to contracts and
subcontract in excess of $100,000.
b. Suggested Language. The following Byrd Anti-Lobbying contract clause shall be included in any
applicable contract:
Byrd Anti-Lobbyinq Amendment, 31 U.S.C. Section 1352 (as amended)
7
Contractors who apply or bid for an award of more than $100,000 shall file the required
certification below. Each tier certifies to the tier above that it will not and has not used federally
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, officer or employee of Congress, or
an employee of a Member of Congress in connection with obtaining any federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the federal awarding agency.
APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee or a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed 31 U.S.C. Section 1352 (as amended by the
Lobbying Disclosure Act of 1953). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. Section 3801 et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Representative
Name and Title of Contractor's Authorized Official
8
Date
11. Procurement of Recovered Materials.
a. Applicability. Required for all procurements over $10,000.
b. Standard. The County and its contractors must comply with Section 6002 of the Solid Waste
Disposal Act, Publ. L. No. 89-272 (1965) (codified as amended by the Resource Conservation
and Recovery act at 42 U.S.C. Section 6962). See 2 C.F.R. Part 200, Appendix II, Paragraph J;
2 C.F.R. Section 200.323. The requirements of Section 6002 include procuring only items
designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by
the preceding fiscal year exceed $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in EDP guidelines.
c. Suggested Language. The following provision shall be included in contracts meeting the above
thresholds:
Procurement of Recovered Materials.
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired ---
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule.
(ii) Meeting contact performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm.comprehensive-procurement-guideline-cpq-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
12. Prohibition on Contracting for Covered Telecommunications Equipment or Services
a. Standard. Effective August 13, 2020, the County, as well as their contractors and subcontractors,
may not obligate or expend any federal award funds to:
(1) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(2) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of any system; or
(3) Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system.
b. Applicability. This provision is required for all contracts paid for with federal funding awarded after
November 12, 2020.
c. Suggested Language for FEMA-Funded Contracts (FEMA-specific language can be revised for
other programs).
Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country;
9
covered telecommunications equipment or services; interconnection arrangements;
roaming; substantial or essential component; and telecommunications equipment or
services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications Equipment or
Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an
executive agency on or after Aug.13, 2020, from obligating or expending grant,
cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee
funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other
contractual instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul,
roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic
or permit visibility into any user data or packets that such equipment transmits
or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
10
(ii) Other telecommunications equipment or services that are not considered
covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or
services used as a substantial or essential component of any system, or as critical
technology as part of any system, during contract performance, or the contractor
is notified of such by a subcontractor at any tier or by any other source, the
contractor shall report the information in paragraph (d)(2) of this clause to the
recipient or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1)
of this clause:
(i) Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier
unique entity identifier(if known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions
undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of
this clause: Any further available information about mitigation actions
undertaken or recommended. In addition, the contractor shall describe the
efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will
be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
13. Domestic Preferences for Procurements.
a. Standard. As appropriate, and to the extent consistent with law, the County should, to the greatest
extent practicable under a federal award, provide a preference for the purchase, acquisition, or
use of goods, products or materials produced in the United States. This includes, but is not limited
to, iron, aluminum, steel, cement, and other manufactured products.
b. Applicability. This provision is required for all contracts paid for with federal funding awarded after
November 12, 2020.
c. Suggested Language.
Domestic Preference for Procurements
(1) As appropriate, and to the extent consistent with law, the contractor should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States. This includes, but is not limited to
iron, aluminum, steel, cement, and other manufactured products.
11
(2) For purposes of this clause:
i. Produced in the United States means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
ii. Manufactured products mean items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
14. Additional Recommend Clauses for FEMA-Funded Contract.
a. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or constructive
change must be allowable, allocable, within the scope of its grant or cooperative agreement, and
reasonable for the completion of project scope. FEMA recommends, therefore, that a non-
Federal entity include a changes clause in its contract that describe how, if at all, changes can be
made by either party to alter the method, price, or schedule of the work without breaching the
contract. The language of the clause may differ depending on the nature of the contract and the
end-item procured.
b. Access to Records. The County and its contractors and subcontractors must give the Department
of Homeland Security (DHS) and FEMA access to records associated with their awards during
the federally required record retention period and as long as the records are retained. All parties
agree to comply with DHS provisions about accessing people, places, and things related to the
federal financial award as necessary or as required by DHS regulations or other applicable laws
and policies. Additionally, for contracts entered into after August 1, 2017, under a major disaster
or emergency declaration under Titles IV or V of the Robert T. Stafford Disaster Relief Act, FEMA
is prohibited from funding any contracts that prevent audits or internal reviews by the FEMA
Administrator or Comptroller General.
(1) Suggested Language.
Access to Records. The following access to records requirements apply to this contract:
1) The Contractor agrees to provide the County, the Florida Division of Emergency
Management, the FEMA Administrator, the Comptroller of the United States, or any of
their authorized representatives access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts , and transcriptions.
2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3) The Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being
completed under this contract.
4) In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the
County and the Contractor acknowledge and agree that no language in this contract
is intended to prohibit audits or internal reviews by the FEMA Administrator or the
Comptroller General of the United States.
c. DHS Seal, Logo, and Flags. The County and its contractors must obtain permission before using
the OHS seal(s), logos, crests, reproductions of flags, or likenesses of OHS agency officials.
(1) Suggested Language. "The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval. The contractor shall include this provision in any subcontracts."
12
d. Compliance with Federal Law, Regulations, and Executive Orders. The County and its
contractors are required to comply with all federal laws, regulations, and executive orders.
Additionally, they must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
(1) Suggested Language. "This is an acknowledgement that FEMA financial assistance will
be used to fund all or a portion of the contract. The contractor will comply with all
applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives."
e. No Obligation by Federal Government. FEMA is not a party to any transaction between a NFE
and its contractor. Therefore, FEMA is not subject to any obligations or liable to any party for any
matter relating to the contract between an NFE and its contractor.
(1) Suggested Language. "The federal government is not a party to this contract and is not
subject to any obligations or liabilities to the non-federal entity, contractor, or any other
party pertaining to any matter resulting from the contract."
f. Program Fraud and False or Fraudulent Statements or Related Acts. The County must comply
with the requirements of the False Claims Act which prohibits submitting false or fraudulent claims
for payment to the federal government. As a part of the contract with the County, contractors
must acknowledge that 31 U.S.C. Chap. 38, regarding administrative remedies for false claims
and statements, applies to their actions under their contract.
(1) Suggested Language. The Contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to the Contractor's
actions pertaining to this contract.
g. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required
to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and
minority businesses, women's business enterprises, and labor surplus area firms are used when
possible.
(1) Suggested Language.
If the Contractor intends to subcontract any portion of the work covered by this Contract,
the Contractor must take all necessary affirmative steps to assure that small and minority
businesses, women's business enterprises and labor surplus area firms are solicited and
used when possible. Affirmative steps must include:
a. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
b. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
and
e. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
h. Copy and Data Rights. The County is required by 2 C.F.R. § 200.315 to provide certain licenses
with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides
to the federal awarding agency "a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to
authorize others to do so." 2 C.F.R. § 200.315(d) provides to the federal government the rights to
"obtain, reproduce, publish, or otherwise use" data produced under a federal award and to
authorize others to do the same.
(2) Suggested Language. "License and Delivery of Works Subject to Copyright and Data
Rights. The Contractor grants to the County, a paid-up, royalty-free, nonexclusive,
13
irrevocable, worldwide license in data first produced in the performance of this contract
to reproduce, publish, or otherwise use, including prepare derivative works, distribute
copies to the public, and perform publicly and display publicly such data. For data
required by the contract but not first produced in the performance of this contract, the
Contractor will identify such data and grant to the County or acquires on its behalf a
license of the same scope as for data first produced in the performance of this contract.
Data, as used herein, shall include any work subject to copyright under 17 U.S.C. §
102, for example, any written reports or literary works, software and/or source code,
music, choreography, pictures or images, graphics, sculptures, videos, motion pictures
or other audiovisual works, sound and/or video recordings, and architectural works.
Upon or before the completion of this contract, the Contractor will deliver to the County
data first produced in the performance of this contract and data required by the
contract but not first produced in the performance of this contract in formats acceptable
by the (insert name of the non-federal entity)."
14