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3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by <br />Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be <br />prohibited from inducing, by any means, any person employed in the construction, completion, or repair of <br />public work, to give up any par t of the compensation to which he or she is otherwise entitled. The non- <br />Federal entity must report all suspected or reported violations to the Federal awarding agency. <br />(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts <br />awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or <br />laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by <br />Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must <br />be required to compute the wages of every mechanic and laborer on the basis of a standard work week of <br />40 hours. Work in excess of the standard work week is permissible provided that the worker is <br />compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in <br />excess of 40 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 under working <br />conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the <br />purchases of supplies or materials or ar ticles ordinarily available on the open market, or contracts for <br />transportation or transmission of intelligence. <br />(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of <br />“funding agreement” under 37 CFR § 401.2 (a)and the recipient or subrecipient wishes to enter into a <br />contract with a small business firm or nonprofit organization regarding the substitution of parties, <br />assignment or performance of experimental, developmental, or research work under that “funding <br />agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights <br />to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br />Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding <br />agency. <br />(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), <br />as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that <br />requires the non-Federal award to agree to comply with all applicable standards, orders or regulations <br />issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act <br />as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the <br />Regional Office of the Environmental Protection Agency (EPA). <br />(H)Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) <br />must not be made to parties listed on the governmentwide exclusions in the System for Award <br />Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive <br />Orders 12549 (3 CFR par t 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment <br />and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise <br />excluded by agencies, as well as par ties declared ineligible under statutory or regulatory authority other <br />than Executive Order 12549. <br />(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding <br />$100,000 must file the required certification. Each tier cer tifies to the tier above that it will not and has not <br />used Federal appropriated funds to pay any person or organization for influencing or attempting to <br />influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, <br />or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any <br />Appendix II to Part 200, Title 2 (up to date as of 3/02/2023) <br />Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(E) <br />2 CFR Appendix-II-to-Part-200(I) (enhanced display)page 2 of 3