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EXHIBIT C STATEMENT OF COMPLIANCE Vendor hereby agrees ...

EXHIBIT C STATEMENT OF COMPLIANCE Vendor hereby agrees ...

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<strong>EXHIBIT</strong> C<strong>STATEMENT</strong> <strong>OF</strong> <strong>COMPLIANCE</strong><strong>Vendor</strong> <strong>hereby</strong> <strong>agrees</strong> to adhere to all of the federal conditions and requirements set forthbelow.The following provisions applicable to ALL Contractors:45 CFR 74, Appendix A --Contract Provisions All contracts awarded by a recipient, includingsmall purchases, shall contain the following provisions as applicable where the cost of thecontract is treated as a direct cost of an award.45 CFR 74, Appendix A(1) --Equal Employment Opportunity All contracts shall contain aprovision requiring compliance with E.O. 11246, "Equal Employment Opportunity," asamended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal EmploymentOpportunity," and as supplemented by regulations at 41 CFR part 60, "Office of FederalContract Compliance Programs, Equal Employment Opportunity, Department of Labor."45 CFR 74, Appendix A(7) --Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractorswho apply or bid for an award of more than $100,000 shall certify and complete a disclosureform, if required. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting toinfluence an officer or employee of any Federal agency, a member of Congress, officer oremployee of Congress, or an employee of a member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Eachtier shall also disclose any lobbying with non-Federal funds that takes place in connectionwith obtaining any Federal award. Such disclosures are forwarded from tier to tier up to therecipient. (See also 45 CFR part 93).45 CFR 74, Appendix A(5) --Rights to Inventions Made Under a Contract orAgreement Contracts or agreements for the performance of experimental, developmental, orresearch work shall provide for the rights of the Federal Government and the recipient in anyresulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made byNonprofit Organizations and Small Business Firms Under Government Grants, Contracts andCooperative Agreements," and any further implementing regulations issued by HHS. Anydiscovery or invention arising out of or developed in the course of work aided by thisContract shall be promptly and fully reported to OCHS and to the Director of DHHS fordetermination as to whether patent protection or such invention or discovery shall be soughtand how the rights in the invention or discovery including rights under any patent issuedthereon, shall be disposed of and administered in order to protect the public interest.45 CFR 74, Appendix A(8) --Debarment and Suspension (E.O.s 12549 and 12689) Certaincontracts shall not be made to parties listed on the non-procurement portion of the GeneralServices Administration's "Lists of Parties Excluded from Federal Procurement or NonprocurementPrograms" in accordance with E.O.s 12549 and 12689, "Debarment andSuspension." (See 45 CFR part 76.) This list contains the names of parties debarred,suspended, or otherwise excluded by agencies, and contractors declared ineligible understatutory authority other than E.O. 12549. Contractors with awards that exceed thesimplified acquisition threshold shall provide the required certification regarding theirexclusion status and that of their principals prior to award.The following provisions applicable only to “Construction/Renovation” Contractors:1OCHS’ RFP DOCUMENT PRINT SERVICES 2011


45 CFR 74, Appendix A(2) --Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C.276c) All contracts and sub-grants in excess of $2,000 for construction or repair awarded byrecipients and sub-recipients shall include a provision for compliance with the Copeland"Anti-Kickback" Act, 18 U.S.C. 874, as supplemented by Department of Labor regulations, 29CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed inWhole or in Part by Loans or Grants from the United States." The Act provides that eachcontractor or sub-recipient shall be prohibited from inducing, by any means, any personemployed in the construction, completion, or repair of public work, to give up any part of thecompensation to which he is otherwise entitled. The recipient shall report all suspected orreported violations to the Federal awarding agency.45 CFR 74, Appendix A(3) --Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) Whenrequired by Federal program legislation, all construction contracts awarded by the recipientsand sub-recipients of more than $2000 shall include a provision for compliance with theDavis-Bacon Act, 40 U.S.C. 276a to a-7, and as supplemented by Department of Laborregulations, 29 CFR part 5, "Labor Standards Provisions Applicable to Contracts GoverningFederally Financed and Assisted Construction." Under this Act, contractors shall be requiredto pay wages to laborers and mechanics at a rate not less than the minimum wages specifiedin a wage determination made by the Secretary of Labor. In addition, contractors shall berequired to pay wages not less than once a week. The recipient shall place a copy of thecurrent prevailing wage determination issued by the Department of Labor in each solicitationand the award of a contract shall be conditioned upon the acceptance of the wagedetermination. The recipient shall report all suspected or reported violations to the HHSawarding agency. All laborers and mechanics employed by contractors or sub-contractors inthe construction, alteration or repair, including painting and decorating of projects, buildingand works which are federally assisted under this Contract shall be paid wages at rates notless than those prevailing on similar construction in the locality as determined by theSecretary of Labor in accordance with the Davis-Bacon Act, as amended (40-U.S.C. 276-a-276A-5).45 CFR 74, Appendix A(4) --Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) Where applicable, all contracts awarded by recipients in excess of $100,000 forconstruction contracts and for other contracts that involve the employment of mechanics orlaborers shall include a provision for compliance with sections 102 and 107 of the ContractWork Hours and Safety Standards Act, 40 U.S.C. 327-333, as supplemented by Departmentof Labor regulations, 29 CFR part 5. Under section 102 of the Act, each contractor shall berequired to compute the wages of every mechanic and laborer on the basis of a standardwork week of 40 hours. Work in excess of the standard work week is permissible providedthat the worker is compensated at a rate of not less than 1-1/2 times the basic rate of payfor all hours worked in excess of 40 hours in the work week. Section 107 of the Act isapplicable to construction work and provides that no laborer or mechanic shall be required towork in surroundings or under working conditions which are unsanitary, hazardous ordangerous. These requirements do not apply to the purchases of supplies or materials orarticles ordinarily available on the open market, or contracts for transportation ortransmission of intelligence.45 CFR 74, Appendix A(6) --Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal WaterPollution Control Act as amended (33 U.S.C. 1251 et seq.) Contracts and sub-grants ofamounts in excess of $100,000 shall contain a provision that requires the recipient to agreeto comply with all applicable standards, orders or regulations issued pursuant to the CleanAir Act, 42 U.S.C. 7401 et seq., and the Federal Water Pollution Control Act, as amended 332OCHS’ RFP DOCUMENT PRINT SERVICES 2011


U.S.C. 1251 et seq. Violations shall be reported to the HHS and the appropriate RegionalOffice of the Environmental Protection Agency.______________ContractorAuthorized SignaturePrint Name & TitleDate____________________Address______________City, State, Zip Code________Telephone Number______Taxpayer I.D. or Employer I.D.___________E-mail______3OCHS’ RFP DOCUMENT PRINT SERVICES 2011

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