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",-f sus I` For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non -Federal entity provided that tRe FeDeral awaraing agency or pass-tRrougR entry Ras mace a Determination inat tRe Federal interest is a0equately protected. IT sucR a Determination Ras Rot BecR rm.0c, LRC rmimir 1an1 rmast Be as Tollows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. i he "bid guarantee" must consist Of a firm cOmmitment sucR as a Dia Mona, certirlea cRecK, or otRer negotiable instrument accompanying a Mid as assurance that the oieeer -ill, upon acccptancc of tRe Bic, e;;ecatc 35A wntrai tval 8oearnent3 o3 rn.y Be ,required .YitRin the time specified. (b) A performance bond on the part of the contractor for ius percent of the contract price. H "performance bond" is one executes in connection witR a contraLT to secure fulrlllment of all the contractor's o0ligations under sucR contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying lapor ane material in tRe execution of tRe worn providetl for in tl1e contract. §200.326 Contract provisions. I Re non-Feeeral entity's contracts must contain T.Re applicaBle provisions OescriBed in Appendix II to P.r[ z00—COntr.ct Pro.i.,ivn., for non-Fcceral Entity ContFact. 0m0cr FcOci- 01 AY.oraS. Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal hwards In adaition to otRer p,o.ision,, r=ga;rud By tRe Federai uge„cy or nwn-Fe0=ra1 entity, all contracts made By the non-Feaeral entity under the Federal award must contain provisions coverin5 the following, as applicable. tA) t-ontracts for more tAan tRe simpliTieD acquisition Oresnols currently set at $1 0,000, wnicR is tRc inflation .0jastcl3 vrnvant 0etcrrninc0 By tRe Civilian Agon.:y AcZiMWtion Council and tRe defense Acquisition Regulations Council jCouncils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. IB) All cvntrans in c;z=33 oT 510,000 Ta. -t o0rc3., tern imuflun Tor cue4a and Tor conte lienee By the non - Federal entity includins the manner by which it will be effected and the basis for settlement. City of tunny Isles BeacR I I I I3 lg-0s-0i ParRs ana Recreational Facilities Canascape l7laintena ,ce Jer4iee3 Luka,' Landscap;ug, ine. 4711.