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<br /> Disaster Debris Clearance and Removal Services
<br />Bid: 5266, Orange County, North Carolina
<br />July 29, 2019 Page 63
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<br />EXHIBIT B
<br />Additional Provisions for Contracts Funded Through Federal Assistance,
<br />Including Provisions for FEMA Assistance, Reimbursement Contracts
<br />This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Hillsborough is
<br />funded, in whole or in part, by Federal assistance in the form of grant, sub-grant, loan or reimbursement either directly to the Town as a
<br />recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina
<br />or to another pass-through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.326
<br />and 2 CFR Part 200, Appendix II, as applicable.
<br />A. All Contracts – Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR §
<br />180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with
<br />the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
<br />Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by
<br />agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. [2 CFR Part 200, App. II
<br />(I)]
<br />B. Certain Contracts – Compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor will comply with mandatory
<br />standards and policies relating to energy efficiency which are contained in the state energy conservation plan. [2 CFR Part 200, App. II (H)]
<br />C. Certain Contracts – Compliance with Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
<br />definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract w ith a small business
<br />firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work
<br />under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made
<br />by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing
<br />regulations issued by the awarding agency. [2 CFR Part 200, App. II (F)]
<br />D. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with Davis-Bacon
<br />Act, as amended (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
<br />Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor is required to pay
<br />wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
<br />addition, Contractor must pay wages not less than once a week. The Town must place a copy of the current prevailing wage determine issued by
<br />the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
<br />determination. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)]
<br />E. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with the Copeland
<br />“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
<br />Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Contractor
<br />is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of
<br />the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding
<br />agency. [2 CFR Part 200, App. II (D)]
<br />F. All Contracts of $10,000 and above – Termination by Town. The Town reserves the right to immediately terminate any agreement in
<br />excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the
<br />procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract
<br />and/or the procurement solicitation. The Town also reserves the right to terminate the Contract for convenience, with thirty (30) days written
<br />notice to the Contractor, if the Town believes, in its sole discretion, that it is in the Town’s best interest to do so. In the event the Town terminates
<br />this Contract for convenience, the Contractor will be compensated for work performed and accepted and goods accepted by the Town as of the
<br />termination date. Any award under this procurement process is not exclusive and the Town reserves the right to purchase goods and services from
<br />other vendors when it is in the best interest of the Town. [2 CFR Part 200, App. II (B)]
<br />G. Contracts for purchases exceeding $10,000 in value for a single item or through cumulative acquisition – Compliance with section
<br />6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (Procurement of recovered materials
<br />(2 CFR §200.322]). In performance of this contract, contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by
<br />the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
<br />Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
<br />maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
<br />the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;
<br />and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [2 CFR Part 200,
<br />App. II (K)]
<br />H. All contracts in excess of $100,000 – Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor will not and has not
<br />DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341
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