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9 <br />achieve compliance with changing federal requirements, the Contractor makes note that <br />federal, state and local requirements may change and the changed requirements will apply <br />to this Agreement as required. <br />Section 9: Special Provisions <br />a. Wage Rate Provision <br />The Contractor agrees to abide by Section 1606 of the ARRA and require that all laborers <br />and mechanics employed by contractors and subcontractors with funds from the ARRA <br />shall be paid wages at rates not less than the prevailing wage rate under the Davis-Bacon <br />Act. The contractor agrees that all bids and proposals in response to a solicitation funded <br />in whole or in part with recovery funds will be in compliance and maintained with the <br />Davis-Bacon Act. <br />b. Availability and Use of Funds <br />Contractors understand and acknowledge that any all payment of funds or the continuation <br />of funding for the project is contingent upon funds provided solely by ARRA or pre- <br />approved state matching funds. Pursuant to Section 1604 of the ARRA, contractors agree <br />not to undertake or make progress toward any activity using recovery funds that will lead <br />to the development of such activity as casinos or other gambling establishments, <br />aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited <br />by the Recovery Act. <br />c Whistleblower Provisions <br />Contractors understand and acknowledge that Article 14 of Chapter 124, NCGS 126-84 <br />through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, <br />NCGS 95-240 through 85-245 (applies to anyone, including state employees), and Section <br />1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to <br />State, Federal and contract employees. <br />Contractors cannot discharge, demote, or otherwise discriminate against an employee as <br />a reprisal for disclosing, including a disclosure made in the ordinary course of an <br />employee's duties, made to the Recovery Accountability and Transparency Board, an <br />inspector general, the Comptroller General, a member of Congress, a State or Federal <br />regulatory or law enforcement agency, a person with supervisory authority over the <br />employee (or such other person working for the employer who has the authority to <br />investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal <br />agency or their representative, information that the employee reasonably believes is <br />evidence of: <br />• gross mismanagement of an agency contract or grant. relating to covered funds; <br />• a gross waste of covered funds; <br />• a substantial and specific danger to public health or safety related to the <br />implementation or use of covered funds; <br />• an abuse of authority related to the implementation or use of covered funds; or <br />• a violation of law, rule, or regulation related to an agency contract (including the <br />competition for or negotiation of a contract) or grant, awarded or issued relating to <br />covered funds. <br />Contractor agrees to post notice of the rights and remedies as required by the ARRA. <br />d. Outsourcing outside the USA without Specific Prior Approval Provision <br />Revised 1/6/10 <br />