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Page 31 of 53 <br />(2) The non -Federal entity may self -certify its procurement system. Such self - <br />certification must not limit the Federal awarding agency's right to survey the system. <br />Under a self -certification procedure, the Federal awarding agency may rely on written <br />assurances from the non -Federal entity that it is complying with these standards. The <br />non -Federal entity must cite specific policies, procedures, regulations, or standards as <br />being in compliance with these requirements and have its system available for review. <br />200.325 Bonding requirements. <br />For construction or facility improvement contracts or subcontracts exceeding the Simplified <br />Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the <br />bonding policy and requirements of the non -Federal entity provided that the Federal awarding <br />agency or pass -through entity has made a determination that the Federal interest is adequately <br />protected. If such a determination has not been made, the minimum requirements must be as <br />follows: <br />(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid <br />guarantee" must consist of a firm commitment such as a bid bond, certified check, or <br />other negotiable instrument accompanying a bid as assurance that the bidder will, upon <br />acceptance of the bid, execute such contractual documents as may be required within the <br />time specified. <br />(b) A performance bond on the part of the contractor for 100 percent of the contract price. A <br />"performance bond" is one executed in connection with a contract to secure fulfillment of <br />all the contractor's obligations under such contract. <br />(c) A payment bond on the part of the contractor for 100 percent of the contract price. A <br />"payment bond" is one executed in connection with a contract to assure payment as <br />required by law of all persons supplying labor and material in the execution of the work <br />provided for in the contract. <br />200.326 Contract provisions. <br />The non -Federal entity's contracts must contain the applicable provisions described in Appendix <br />II to Part 200—Contract Provisions for non -Federal Entity Contracts Under Federal Awards. <br />4. EQUIPMENT (2 CFR 200.313) <br />See also 200.439 Equipment and other capital expenditures. <br />(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment <br />acquired under a Federal award will vest upon acquisition in the non -Federal entity. <br />Unless a statute specifically authorizes the Federal agency to vest title in the non -Federal <br />entity without further obligation to the Federal Government, and the Federal agency <br />elects to do so, the title must be a conditional title. Title must vest in the non -Federal <br />entity subject to the following conditions: <br />Agreement No. R20AP00077 Agreement Template <br />2 0 C -33 (03/2019) <br />