Common use of Uniform Guidance Clause in Contracts

Uniform Guidance. The following selected clauses from the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Appendix II are incorporated into and form a part of the terms and conditions of this Agreement. The full text of the Uniform Guidance may be found at 2 CFR Part 200, as supplemented by the U.S. Department of Health and Human Services at 45 CFR Part 75, and by the U.S. Agency for International Development at 2 CFR Part 700. Service Provider agrees to comply with all clauses to the extent applicable, and to flow down all applicable clauses to lower-tier subcontractors. Equal Employment Opportunity – If this Agreement qualifies as a “federally assisted construction contract” as defined in 41 CFR Part 60–1.3, Service Provider agrees to comply 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.” Xxxxx Xxxxx Act, as amended (40 U.S.C. §§ 3141—3148) – If this Agreement is in excess of US$2,000 and pertains to construction or repair, and further, if required by Federal program legislation, Service Provider shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141—3148) 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, Service Provider is 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, Service Provider shall be required to pay wages not less than once a week. Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. § 3145) – If this Agreement is in excess of US$2,000 and pertains to construction or repair, Service Provider shall comply with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. § 3145), 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 in part that Service Provider 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 that person is otherwise entitled. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) – If this Agreement is in excess of US$100,000 and involves the employment of mechanics or laborers, Service Provider shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, Service Provider 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 1½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide 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.

Uniform Guidance. The following selected clauses from the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Appendix II are incorporated into and form a part of the terms and conditions of this Agreement. The full text of the Uniform Guidance may be found at 2 CFR Part 200, as supplemented by the U.S. Department of Health and Human Services at 45 CFR Part 75, and by the U.S. Agency for International Development at 2 CFR Part 700. Service Provider agrees to comply with all clauses to the extent applicable, and to flow down all applicable clauses to lower-tier subcontractors. Equal Employment Opportunity – If this Agreement qualifies as a “federally assisted construction contract” as defined in 41 CFR Part 60–1.3, Service Provider agrees to comply 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.” Xxxxx Xxxxx Bacon Act, as amended (40 U.S.C. §§ 3141—3148) – If this Agreement is in excess of US$2,000 and pertains to construction or repair, and further, if required by Federal program legislation, Service Provider shall comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141—3148) 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, Service Provider is 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, Service Provider shall be required to pay wages not less than once a week. Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. § 3145) – If this Agreement is in excess of US$2,000 and pertains to construction or repair, Service Provider shall comply with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. § 3145), 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 in part that Service Provider 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 that person is otherwise entitled. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) – If this Agreement is in excess of US$100,000 and involves the employment of mechanics or laborers, Service Provider shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, Service Provider 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 1½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide 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.