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Agenda Packet_2022-12-06
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Agenda Packet_2022-12-06
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12/6/2022
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DocuSign Envelope ID: FA12C758-3EF4-45F3-BODF-724674D71270 <br />081419-CDW <br />"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted <br />Construction"). In accordance with the statute, contractors must be required to pay wages to <br />laborers and mechanics at a rate not less than the prevailing wages specified in a wage <br />determination made by the Secretary of Labor. In addition, contractors must be required to pay <br />wages not less than once a week. The non-federal entity must place a copy of the current <br />prevailing wage determination issued by the Department of Labor in each solicitation. The <br />decision to award a contract or subcontract must be conditioned upon the acceptance of the <br />wage determination. The non-federal entity must report all suspected or reported violations to <br />the federal awarding agency. The contracts must also include a provision for compliance with <br />the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor <br />regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work <br />Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that <br />each contractor or subrecipient must be prohibited from inducing, by any means, any person <br />employed in the construction, completion, or repair of public work, to give up any part of the <br />compensation to which he or she is otherwise entitled. The non-federal entity must report <br />all suspected or reported violations to the federal awarding agency. Vendor must be in <br />compliance with all applicable Davis -Bacon Act provisions. <br />C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where <br />applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve <br />the employment of mechanics or laborers must include a provision for compliance with 40 <br />U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). <br />Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of <br />every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess <br />of the standard work week is permissible provided that the worker is compensated at a rate of <br />not less than one and a half times the basic rate of pay for all hours worked in excess of 40 <br />hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction <br />work and provide that no laborer or mechanic must be required to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous. These requirements <br />do not apply to the purchases of supplies or materials or articles ordinarily available on the <br />open market, or contracts for transportation or transmission of intelligence. This provision is <br />hereby incorporated by reference into this Contract. Vendor certifies that during the term of an <br />award for all contracts by Sourcewell resulting from this procurement process, Vendor must <br />comply with applicable requirements as referenced above. <br />D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award <br />meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or <br />subrecipient wishes to enter into a contract with a small business firm or nonprofit organization <br />regarding the substitution of parties, assignment or performance of experimental, <br />developmental, or research work under that "funding agreement," the recipient or subrecipient <br />must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit <br />Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative <br />Agreements," and any implementing regulations issued by the awarding agency. Vendor <br />15 <br />� City 6uncil 7 — 17 12/6/2022 <br />
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