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State of North Carolina | Department of Transportation | Transportation Program Management Unit <br />1020 Birch Ridge Drive | 1595 Mail Service Center | Raleigh, NC 27699-1595 <br />919 707 6600 T | 919 212 5711 F <br />Contract Provisions for Non-Federal Entity Contracts Under Federal Awards <br />--------------------------------------------------------------------------------------------------------------------- <br />NCDOT is providing the following list of contract provisions (as noted by the US Code or the Code of <br />Federal Regulations) that should be included in all contracts or subcontracts that include federal <br />funding. <br />Title 2 CFR 200 is the Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards and is applicable government-wide to any contract with Federal <br />Funding. Appendix II contains a list of contract provisions that should be included in contracts. <br />Title 23 CFR 172 is the Procurement, Management, and Administration of Engineering and <br />Design Related Services, subject to the provisions of 23 USC 112(a) – related to construction. <br />Contract provisions that are not already included in 2 CFR 200, are listed below. These should be <br />included in all professional engineering contracts. <br />Construction Contracts, funded under Title 23 of the US Code (Federal-aid Highway Program), <br />have specific required contract provisions. Resources to build the contract proposal and include <br />appropriate provisions are listed below. <br />IMPORTANT: It is the Local Government Agency responsibility to ensure all provisions are <br />included in relevant contracts, in which federal funds are participating. You may need to <br />consult with your legal representative or contracts office to ensure your contracts are in <br />compliance. <br />--------------------------------------------------------------------------------------------------------------------- <br />ALL CONTRACTS AND SUB-CONTRACTS WITH FEDERAL FUNDS <br />Pursuant to Title 2 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards, the following list of contract provisions should be <br />incorporated into every sub-recipient contract, if federal funds will be used on the contract. <br />Please note applicability requirements. <br />2 CFR 200, Appendix II <br />https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200-appII.xml <br />(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which <br />is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the <br />Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must <br />address administrative, contractual, or legal remedies in instances where contractors violate or <br />breach contract terms, and provide for such sanctions and penalties as appropriate. <br />(B) All contracts in excess of $10,000 must address termination for cause and for convenience by <br />the non-Federal entity including the manner by which it will be effected and the basis for <br />settlement. <br />Exhibit A <br />DocuSign Envelope ID: 569754E1-D2B6-4DBE-B14F-1579C72E692B