Purchase Order Terms and Conditions

1. Offer/Acceptance

 

If this purchase order ("PO") refers to supplier's bid or proposal, this PO is an ACCEPTANCE of supplier's OFFER TO SELL in accordance with the terms and conditions of the "solicitation" identified in supplier's bid or proposal. The solicitation includes an RFP, RFQ, or any other form of order by The Board of Governors of Missouri State University (“University” or “buyer”). If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to supplier's acceptance, demonstrated by supplier's performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by buyer accepting a counter-offer. This PO shall supersede and control over any supplier form(s) or part(s) thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts thereof.

 

2. Safety Information

 

All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Supplier shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

 

3. Changes

 

Supplier shall furnish products and/or services strictly in accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by purchasing agent and accepted by supplier. Each shipment received or service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of supplier to the contrary, unless this PO has been modified, superseded or otherwise altered in accordance with this section.

 

4. Delivery

 

Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. The University is relying on the promised delivery date, installation, and/or service performance set forth in supplier's bid or proposal as material and basic to the University's acceptance. If supplier fails to deliver or perform as and when promised, the University, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge supplier with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

 

5. Intellectual Property

 

Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively "materials") delivered by supplier in performance of its obligations under this PO shall be the exclusive property of the University. Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Supplier shall comply with all applicable laws, regulations, and University policies related to confidential information and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

 

6. Quality

 

All products delivered shall be newly manufactured and the current model, unless otherwise specified.

 

7. Warranties

 

Supplier expressly warrants that all materials and work covered by this PO will conform to each and every specification, drawing, sample, or other description which is furnished to or adopted by the University.  All provisions and remedies of the Missouri Uniform Commercial Code, Missouri Revised Statutes, Chapter 400 (“UCC”), relating to implied and/or express warranties are incorporated herein, in addition to any warranties contained in this PO or the specifications.  Such warranty shall survive delivery and shall not be deemed waived either by reason of the University’s acceptance of said materials and work, or by payment. 

 

8. Inspection and Acceptance

 

Final acceptance is contingent upon completion of all applicable inspection procedures. If products or services fail to meet any inspection requirements, the University may exercise all of its rights, including those provided in the UCC. The University shall have the right to inspect services provided under this PO at all reasonable times and places. "Services" as used in this section includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to PO requirements, the University may require supplier to perform the services again in conformity with PO requirements, without additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, the University may (a) require supplier to take necessary action to ensure that future performance conforms to PO requirements and (b) equitably reduce the payment due supplier to reflect the reduced value of the services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity.

 

9. Cash Discount

 

The cash discount period will start from the later of the date of receipt of acceptable invoice, or from date of receipt of acceptable products/services at the specified destination by an authorized University representative.

 

10. Taxes

 

The University is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all State and local government sales and use taxes.

 

11. Payment

 

Pursuant to Section 34.055 of the Missouri Revised Statutes, the University shall pay supplier for all amounts due within 45 days after receipt of products or services and a correct notice of amount due. Interest on the unpaid balance shall begin to accrue on the 46th day at the applicable statutory rate. Interest shall not accrue if a good faith dispute exists as to the University's obligation to pay all or a portion of the amount due. Supplier shall invoice buyer separately for interest on delinquent amounts due, referencing the delinquent payment, number of day's interest to be paid, and applicable interest rate.

 

12. Assignment and Successors

 

Supplier shall not assign rights or delegate duties under this PO, or subcontract any part of the performance required under this PO, without the express, written consent of the University. This PO shall inure to the benefit of and be binding upon supplier and the University and their respective successors and assigns. Assignment of accounts receivable may be made only upon written notice furnished to the University.

 

13. Indemnification

 

If any article sold or delivered under this PO is covered by a patent, copyright, trademark, or application therefore, supplier shall indemnify and hold harmless the University from any and all loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions or judgments arising out of manufacture, sale or use of such article in violation or infringement of rights under such patent, copyright, trademark or application. If this PO is for services, supplier shall indemnify, save, and hold harmless the University, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related expenses, incurred as a result of any act or omission by supplier, or its employees, agents, subcontractors or assignees, arising out of or in connection with performance of services under this PO.

 

14. Independent Contractor

 

Supplier shall perform its duties hereunder as an independent contractor and not as an employee. Neither supplier nor any agent or employee of supplier shall be deemed to be an agent or employee of the University. Supplier and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the University and the University shall not pay for or otherwise provide such coverage for supplier or any of its agents or employees. Unemployment insurance benefits will be available to supplier and its employees and agents only if coverage is made available by supplier or a third party. Supplier shall pay when due all applicable employment, income, and local head taxes incurred pursuant to this PO. Supplier shall not have authorization, express or implied, to bind the University to any agreement, liability or understanding, except as expressly set forth herein. Supplier shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the University, and (c) be solely responsible for its acts and those of its employees and agents.

 

15. Communication

 

All communication concerning administration of this PO, prepared by vendor for the University's use, shall be furnished solely to University’s purchasing department.

 

16. Compliance

 

Supplier shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to information communication technology accessibility, discrimination, and unfair employment practices.

 

Supplier will not discriminate on the basis of race, color, national origin (including ancestry, or any other subcategory of national origin recognized by applicable law), religion, sex (including marital status, family status, pregnancy, sexual orientation, gender identity, gender expression, or any other subcategory of sex recognized by applicable law), age, disability, veteran status, genetic information, or any other basis protected by applicable law in connection with this its provisions of products and/or services pursuant to this PO. Sex discrimination encompasses sexual harassment, which includes sexual violence, and is strictly prohibited by Title IX of the Education Amendments of 1972.

 

17.          Information Communication Technology Accessibility

 

Supplier represents and warrants that the products and/or services delivered pursuant to this PO meet the following accessibility standards, together referred to herein as “Accessibility Standard”: i) i) the MO ICT Standards, available at https://at.mo.gov/it-access/documents/MOStateICTStandard12-2017.docx, ii) the Web Content Accessibility Guidelines (WCAG) developed by the Web Accessibility Initiative (WAI) of the Worldwide Web Consortium (WC3), Level 2.0 A and AA, and iii) Appendixes A, B, and C of Section 508 and 255 to the Rehabilitation Act of 1973.  In addition to any obligation to indemnify University set forth in these terms and conditions, Supplier agrees to defend, indemnify and hold harmless University, its officers, directors, successors, employees, and agents against any and all third-party claims, liabilities, obligations, judgments, causes of action, costs and expenses (including reasonable attorneys’ fees) (“Claims”) against the University to the extent such Claims are based on allegations that the products and/or service is not compliant with the Accessibility Standards.

 

18. Insurance

 

Supplier shall obtain, and maintain, at all times during the term of this PO, insurance as specified in the solicitation, and provide proof of such coverage as requested by the University's purchasing department.  If no solicitation proceeded this PO, Supplier represents and warrants that it currently maintains, and will continue to maintain, at Supplier’s expense a insurance coverage as follows:

 

General Commercial General Liability Coverage, comprehensive form, including product liability, with the following limits of liability:

 

                                     Bodily Injury:                     $2,000,000.00 each person

                                                                                $2,000,000.00 aggregate

                                                                                $5,000.00 medical each person

                                      Property Damage:           $2,000,000.00 each accident

 

Automobile and Property Automobile Public Liability and Property Damage with the following limits of liability:

 

                                     Bodily Injury:                     $2,000,000.00 each person

                                                                                $2,000,000.00 each accident

                                      Property Damage:           $2,000,000.00 each accident

 

Written evidence of the required insurance coverage must be submitted upon the request of University. Such policy(ies) shall name the University, its officers and employees, as additional named insureds. In the event that the insurance coverage is canceled, the University must be notified immediately.  Such insurance must indemnify the University to the fullest extent possible under the laws of the State of Missouri.

 

19. Termination Prior to Shipment

 

If supplier has not accepted this PO in writing, the University may cancel this PO by written or oral notice to supplier prior to shipment of goods or commencement of services.

 

20. Termination For Cause

 

(a) If supplier refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified herein, the University may notify supplier in writing of non-performance and, if not corrected by supplier within the time specified in the notice, terminate supplier's right to proceed with the PO or such part thereof as to which there has been delay or a failure. Supplier shall continue performance of this PO to the extent not terminated and be liable for excess costs incurred by the University in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the price set forth in this PO. (b) The University may withhold amounts due to supplier as the University deems necessary to reimburse the University for excess costs incurred in curing, completing or procuring similar goods and services.(c) If after rejection, revocation, or other termination of supplier's right to proceed under the UCC or this clause, the University determines for any reason that supplier was not in default or the delay was excusable, the rights and obligations of the University and supplier shall be the same as if the notice of termination had been issued pursuant to termination under § 21.

 

21. Termination in Public Interest

 

The University is entering into this PO for the purpose of carrying out the public policy of the State and University, as determined by the Governor, General Assembly and Courts of the State of Missouri and the Board of Governors of Missouri State University. If this PO ceases to further the public policy of the State or University, the University, in its sole discretion, may terminate this PO in whole or in part and such termination shall not be deemed to be a breach of the University's obligations hereunder. This section shall not apply to a termination for supplier's breach, which shall be governed by Item 20 (Termination for Cause). The University shall give written notice of termination to supplier specifying the part of the PO terminated and when termination becomes effective. Upon receipt of notice of termination, supplier shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, the University shall pay (a) reasonable settlement expenses, (b) the PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, the University shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. The University's termination liability under this section shall not exceed the total PO price plus a reasonable cost for settlement expenses. Supplier shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data, within fourteen (14) days following request of the University.

 

22. PO Approval

 

This PO shall not be valid unless it is executed by purchasing agent. The University shall not be responsible or liable for products or services delivered or performed prior to proper execution hereof.

 

23. Fund Availability

Financial obligations of the University payable after the current fiscal year are contingent upon funds for that purpose being budgeted and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. The University represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO.

 

24. Choice of Law

 

Missouri state laws, rules and regulations shall be applied in the interpretation, execution, and enforcement of this PO. The UCC shall govern this PO in the case of goods unless otherwise agreed in this PO. Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations is null and void. Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Unless otherwise specified in the solicitation or this PO, venue for any judicial or administrative action arising out of or in connection with this PO shall be in Springfield, Missouri.

 

25. Sensitive Data

 

To the extent suppliers comes in contact with individual personal data owned or otherwise held by the University as a result of performing under this PO ("Data"), supplier agrees to use such Data, if at all, only to the extent required to perform its obligations under this PO, and to abide by the requirements of any federal, state and local laws that address the protection and/or use of such Data.

 

26. Background Checks

 

Contractor acknowledges that Contractor's activities may involve heightened risks as a result of access or exposure by Contractor's employees or agents to one or more Sensitive Environments. Contractor expressly acknowledges that Contractor shall take all commercially reasonable measures to mitigate any such risks, which measures may include but are not limited to conducting criminal history checks, financial background checks, or reference checks on employees or agents who will have access to one or more Sensitive Environments. For purposes of this provision, Sensitive Environment means any situation where Contractor's employees or agents: (a) are engaged in supervision of or exposure to minors or other vulnerable populations; (b) have access to confidential information, which includes any information protected or restricted by law or University policy or that is expressly identified by the University as confidential information; (c) have access to the University's information technology systems; (d) are engaged in activities that involve unique or specialized risks.

 

27. Federal Flowdown Provisions for Federally Funded Contracts

 

As applicable, the University may enter into Agreements with either the U.S. Government, or another entity who has itself entered into an Agreement with the U.S. Government. Those agreements requires that certain federal contract provisions be made a part of any subsequent PO issued by the University related to furthering the performance or deliverables required under that Agreement.

 

Where necessary to make the context of these provisions applicable to this order, the term "contractor" shall mean "seller," the term "contract" shall mean "this order," and the terms "Government," "contracting officer," and equivalent phrases shall mean "buyer." Seller hereby agrees to flowdown the applicable clauses to its lower-tier subcontractors, and agrees that the clauses are in effect between it and the buyer, as applicable.

 

The following provisions are from the Federal Acquisition Regulations (FAR), which are available online.

 

(NOTE: These FAR clauses may have applicability only when the Purchase Order is at or in excess of a certain dollar threshold, shown in parentheses, or under certain circumstances.)

 

FAR Citation        Title

52.203-6               Restrictions on Subcontractor Sales to the Government ($150,000)

52.203-7               Anti-Kickback Procedures except Subparagraph (c)(1) ($150,000)

52.203-12             Limitation on Payments to Influence Certain Federal Transactions ($150,000)

52.203-13             Contractor Code of Business Ethics and Conduct ($5,000,000)

52.203-14             Display of Hotline Poster(s) ($5,000,000)

52.203-15             Whistleblower Protections Under the American Recovery and Reinvestment Act of 2099

52.203-16             Preventing Personal Conflicts of Interest ($150,000)

52.203-17             Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights ($150,000)

52.204-2               Security Requirements (applicable if access to classified material is involved) ($0)

52.204.9               Personal Identity Verification of Contractor Personnel ($5,000,000)

52.204.10              Reporting Executive Compensation and First-Tier Subcontract Awards ($5,000,000)

52.208-8               Required Sources for Helium and Helium Usage Date ($5,000,000)

52.209-6               Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment ($35,000)

52.211-15               Defense Priority and Allocation Requirements

52.214-26             Audit and Records - Sealed Bidding ($750,000)

52.214-28             Subcontractor Certified Cost or Pricing Data - Modifications-Sealed Bidding ($750,000)

52.215-2               Audit and Records -- Negotiation ($150,000)

52.215-10             Price Reduction for Defective Cost or Pricing Data ($750,000)

52.215-12             Subcontractor Cost or Pricing Data ($750,000)

52.215-13             Subcontractor Cost or Pricing Data -- Modifications ($750,000)

52.215-14             Integrity of Unit Prices ($150,000)

52.215-15             Pension Adjustments and Asset Reversions ($750,000)

52.215-18             Reversion or Adjustment for Plans for Postretirement Benefits (PBR) Other Than Pensions ($750,000)

52.215-19             Notification of Ownership Changes ($750,000)

52.219-8               Utilization of Small Business Concerns ($150,000)

52.219-9               Small Business and Small Disadvantaged Business Subcontracting Plans (Large Businesses) ($750,000)

52.219-16             Liquidated Damages -- Subcontracting Plan ($750,000)

52.222-4               Contract Work Hours and Safety Standards Act -- Overtime Compensation

52.222-17             NonDisplacement of Qualified Workers ($150,000)

52.222-21             Prohibition of Segregated Facilities

52.222-26             Equal Opportunity ($10,000)

52.222-35             Equal Opportunity for Veterans ($100,000)

52.222-36             Equal Opportunity for Workers with Disabilities ($100,000)

52.222-37             Employment Reports on Veterans ($100,000)

52.222-40             Notification of Employee Rights Under the National Labor Relations Act ($10,000)

52.222-41             Service Contract Labor Standards

52.22-50               Combating Trafficking in Persons ($500,000)

52.222-51             Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

52.222-53             Exemption from Application of the Service Contract Labor Standards for Contracts for Certain Services-Requirements

52.222-54             Employment Eligibility Verification ($3,000)

52.222-55             Minimum Wages Under Executive Order

52.223-6               Drug-Free Workplace (for individuals, $0; for non-individuals, $100,000)

52.223-7               Notice of Radioactive Materials (applicable if radioactive materials are involved) ($0)

52.223-18             Encouraging Contractor Policies to Ban Text Messaging While Driving ($3,500)

52.224-2               Privacy Act (applicable if vendor is supplying design, development, or operation of a system of records on individuals) ($0)

52.225-1               Buy American - Supplies

52.225-3               Buy American Act - Free Trade Agreements - Israeli Trade Act ($0)

52.225-13             Restrictions on Certain Foreign Purchases

52.226-1               Utilization of Indian Organizations and Indian-Owned Economic Enterprises ($0)

52.226-6               Promoting Excess Food Donation to Nonprofit Organizations ($25,000)

52.227-1               Authorization and Consent ($150,000)

52.227-2               Notice and Assistance Regarding Patent and Copyright Infringement ($150,000)

52.227-10             Filing of Patent Applications -- Classified Subject Matter ($0)

52.227-11             Patent Rights -- Retention by the Contractor (Short Form) ($0)

52.227-13             Patent Rights - Ownership by the Government ($0)

52.227-14             Rights in Data - General ($0)

52.230-3               Disclosure and Consistency of Cost Accounting Practices ($750,000)

52.230-5               Cost Accounting Standards -- Educational Institutions ($750,000)

52.230-6               Administration of Cost Accounting Standards ($750,000)

52.232-40             Providing Accelerated Payments to Small Business Subcontractors

52.244-6               Subcontract for Commercial Items and Commercial Components ($0; non-commercial supplies or services)

52.245-1               Government Property

52.247-63             Preference for U.S.-Flag Air Carriers

52.247-64             Preference for Privately Owned U.S.-Flag Commercial Vessels ($0)

52.248-1               Value Engineering ($150,000)

 

In addition, if federal funds through a contract from an agency of the Department of Defense are involved, the following Department of Defense Federal Acquisition Regulations (DFAR) clauses apply. DFAR clauses are available online.

 

(NOTE: These DFAR clauses may have applicability only when the Purchase Order is at or in excess of a certain dollar threshold, shown in parentheses, or under certain circumstances.)

 

DFAR Citation     Title

 

252.203-7001      Prohibition on Persons Convicted of fraud or Other Defense-Contract Related Felonies (not applicable for commercial items) ($150,000)

252.203-7002      Requirement to Inform Employees of Whistleblower Rights

252.203-7004      Display of Hotline Posters ($5,500,000)

252.204-7000      Disclosure of Information

252.204-7012      Safeguarding Covered Defense Information and Cyber Incident Reporting

252.211.7003        Item Unique Identification and Valuation ($5,000)

252.225-7013      Duty-Free Entry

252.225-7048      Export-Controlled Items

252.226-7001      Utilization of Indian Organization, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns ($500,000)

252.227-7013       Rights in Technical Data -- Noncommercial Items ($0)

252.227-7014       Rights in Noncommercial Computer Software and Noncommercial Computer Software

Documentation

252.227-7018      Rights in Noncommercial Technical Data and Computer Software - Small Business Innovation Research (SBIR) Program

252.227-7037      Validation of Restrictive Markings on Technical Data

252.227-7038      Patent Rights - Ownership

252.231-7000      Supplemental Cost Principles ($0)

252.244-7000      Subcontracts for Commercial Items

252.247-7023      Transportation of Supplier by Sea

252.247-7024      Notification of Transportation of Supplies by Sea

 

In addition, if federal funds through a contract from the National Aeronautic and Space Administration (NASA) are involved, the following NASA Supplemental Federal Acquisition Regulations (FAR) clauses apply. NASA clauses are available online.

 

(NOTE: These NASA clauses may have applicability only when the Purchase Order is at or in excess of a certain dollar threshold, shown in parentheses, or under certain circumstances.)

 

NASA Citation    Title

1852.204.76        Security Requirements for Unclassified Information Technology Resources ($0)

1852.208-81        Restrictions on Printing and Duplicating ($1,000)

1852.219-75        Individual Subcontracting Reporting

1852.223-70        Safety and Health Measures and Mishap Reporting ($150,000)

1852.223-71        Authorizing for Radio Frequency Use ($0)

1852.223-74        Drug and Alcohol-Free Workforce ($5,000,000)

1852.225-71        Restriction on Funding Activity with China (Deviation) (except for commercial and non-developmental items)

1852.227-11        Patent Rights-Ownership by the Contractor

1852.227-70        New Technology - Other than a Small Business Firm or Non-Profit Organization

1852.227-72        Designation of New Technology Representative and Patent Representative, July 1997 ($0)

1852.227-85        Invention Reporting and Rights - Foreign

1852.228-70        Aircraft Ground and Flight Risk

1852.228-78        Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to International Space Station

1852.231-71        Determination of Compensation Reasonableness

1852.237-71        Pension Portability ($750,000)

1852.242-73        NASA Contractor Financial Management Reporting

1852.244-70        Geographic Participation in the Aerospace Program ($100,000)

1852.247-71        Protection of Florida Manatee

 

28. Federal Flowdown Provisions for Federally Funded Grants

 

Equal Employment Opportunity

 

All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

 

Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)

 

All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

 

Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)

 

When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

 

Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)

 

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

 

Rights to Inventions Made Under a Contract or Agreement

 

Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

 

Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended

 

Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

 

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

 

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

 

Debarment and Suspension (E.O.s 12549 and 12689)

 

No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contracts declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

 

Access to Records (OMB Circular A-110, .48(d))

 

All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall include a provision to the effect that the recipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examination, excerpts and transcriptions.