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Item 09 - Award Blanket Order Contracts to HD Supply, Snap -on, WESCO Distribution Inc., and White Cap, LP
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Item 09 - Award Blanket Order Contracts to HD Supply, Snap -on, WESCO Distribution Inc., and White Cap, LP
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
9
Date
3/7/2023
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DocuSign Envelope ID: 067ADBD5-3886-42FC-A620-AA62556A2F6D <br />EXHIBIT 2 <br />013020-SN P <br />23. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER <br />UNITED STATES FEDERAL AWARDS OR OTHER AWARDS <br />Members that use United States federal grant or FEMA funds to purchase goods or services <br />from this Contract may be subject to additional requirements including the procurement <br />standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements <br />for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based <br />on specific funding specifications. Within this Article, all references to "federal" should be <br />interpreted to mean the United States federal government. The following list only applies when <br />a Member accesses Vendor's Equipment, Products, or Services with United States federal <br />funds. <br />A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all <br />contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- <br />1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in <br />accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, <br />12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending <br />Executive Order 11246 Relating to Equal Employment Opportunity," and implementing <br />regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal <br />Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated <br />herein by reference. <br />B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal <br />program legislation, all prime construction contracts in excess of $2,000 awarded by non- <br />federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § <br />3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, <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 />13 <br />Rev. 4/2019 <br />
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