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18 <br /> AOC / INITIALS Revised OR/2017 <br /> 13. Conditions for Hospitals. If the Agency is a hospital, it shall adhere to the standards established by 2 <br /> CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher <br /> Education, Hospitals, and Other Non-Profit Organizations and <br /> B. General Provisions <br /> 1. Contract Changes. This document contains the entire agreement of the parties. No other contract, either <br /> oral or implied, shall supercede this Agreement. Any proposed changes in this contract that would result <br /> in any change in the nature, scope, character, or amount of funding provided for in this contract, shall <br /> require a written addendum to this contract on a form provided by the Department. <br /> 2. Subcontracts Under This Contract. The Agency shall not assign any portion of the work to be <br /> performed under this contract, or execute any contract, amendment or change order thereto, or obligate <br /> itself in any manner with any third party with respect to its rights and responsibilities under this contract <br /> without the prior written concurrence of the Department. Any subcontract under this contract must include <br /> all required and applicable clauses and provisions of this contract. Subcontracting does not relieve the <br /> Agency of any of the duties and responsibilities of this agreement. The subcontractor must comply with <br /> standards contained in this agreement and provide information that is needed by the Agency to comply <br /> with these standards. The Agency must submit any proposed contracts for subcontracted services to the <br /> Governor's Highway Safety Program for final approval no less than 30 days prior to acceptance. <br /> 3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment. In all <br /> solicitations, either by competitive bidding or negotiation, made by the Agency for work to be performed <br /> under a subcontract, including procurements of materials or leases of equipment, each potential <br /> subcontractor or supplier shall be notified by the Agency of the Agency's obligations under this contract. <br /> Additionally, Agencies making purchases or entering into contracts as provided for by this contract must <br /> adhere to the policies and procedures of 2 CFR Part 200 and North Carolina General Statute 143-128.4. <br /> Historically underutilized business defined; statewide uniform certification as it pertains to Historically <br /> Underutilized Businesses. <br /> 4. Incorporation of Provisions in Subcontracts. The Agency shall include the provisions of section A-1 <br /> through A-13 of this Agreement in every subcontract, including procurements of materials and leases of <br /> equipment, unless exempted by the regulations, or directives issued pursuant thereto. The Agency shall <br /> take such action with respect to any subcontract or procurement as the Department, the State of North <br /> Carolina, hereinafter referred to as the "State", the National Highway Traffic Safety Administration, <br /> hereinafter referred to as "NHTSA", or the Federal Highway Administration, hereinafter referred to as <br /> "FHWA", may direct as a means of enforcing such provisions including sanctions for noncompliance. <br /> Provided, however, that in the event the Agency becomes involved in, or is threatened with, litigation with <br /> a subcontractor or supplier as a result of such direction, the Agency may request the Department or the <br /> State to enter into such litigation to protect the interests of the Department or the State. In addition, the <br /> Agency may request the NHTSA or FHWA to enter into such litigation to protect the interests of the <br /> United States. <br /> 5. Outsourcing. All work shall be performed in the United States of America. No work will be allowed to be <br /> outsourced outside the United States of America. <br /> 6. Property and Equipment. <br /> (a) Maintenance and Inventory. The,Agency shall maintain and inventory all property and equipment <br /> purchased'under this contract. <br /> (b) Utilization. The property and equipment purchased under this contract must be utilized by the <br /> Agency for the sole purpose of furthering the traffic safety efforts of the Agency for the entire useful <br /> •life of.the property or equipment. • <br /> (c) Title Interest. The Department and NHTSA retain title interest in all property and equipment <br /> purchased under this contract. In the event that the Agency fails or refuses to comply with the <br /> provisions of this Agreement or terminates this contract, the Department, at its discretion, may take <br /> either of the following actions: <br /> (i) Require the Agency to purchase the property or equipment at fair market value or other mutually <br /> agreed to amount; or <br /> (ii) Require the Agency to transfer the property or equipment.and title of said property or equipment, <br /> if any, to the Department or to another Agency, as directed by the Department. <br /> (d) Non-expendable Property. Non-expendable property is defined as property or equipment having a <br /> value of $5000 or more with a life expectancy of more than one year. Non-expendable property <br /> Page 4 <br />