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<br /> <br /> <br />City of Sunny Isles Beach | ITB 18-03-02 Parks and Recreational Facilities Landscape Maintenance Services 125 <br /> <br />For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition <br />Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and <br />requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity <br />has made a determination that the Federal interest is adequately protected. If such a determination has <br />not been made, the minimum requirements must be as follows: <br />(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must <br />consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument <br />accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such <br />contractual documents as may be required within the 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 all the <br />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 “payment <br />bond” is one executed in connection with a contract to assure payment as required by law of all persons <br />supplying labor and material in the execution of the work 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 II to <br />Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. <br />Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards <br />In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made <br />by the non-Federal entity under the Federal award must contain provisions covering the following, as <br />applicable. <br />(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the <br />inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense <br />Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, <br />contractual, or legal remedies in instances where contractors violate or breach contract terms, and <br />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 the non- <br />Federal entity including the manner by which it will be effected and the basis for settlement.