NSHE Purchase OrderProvisionsforFederallyFundedProjectsSectionI:
All purchaseordersmade under Federal Grantsand CooperativeAgreements awarded byNSHE, including small purchases, shall contain thefollowing provisionsasapplicable:
1.Equal Employment Opportunity
Allcontracts shall contain aprovision requiring compliancewith E.O.11246,"Equal Employment Opportunity," as amended by E.E.11375, "AmendingExecutive Order 11246Relating to Equal Employment Opportunity," and assupplemented by regulations at 41 CFR part60, "Office of FederalContractCompliance Programs, EqualEmploymentOpportunity, Department of Labor."
2.Copeland"Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C.276c)
Allcontracts and subgrants in excessof $2000 for construction or repair awardedby recipients and subrecipients shallincludea provision for compliance withtheCopeland "Anti-Kickback" Act (18 U.S.C.874), as supplemented by Departmentof Labor regulations (29 CFR part 3, "Contractorsand Subcontractorson PublicBuilding or PublicWorkFinanced in Wholeor in Part by Loans or GrantsfromtheUnited States"). TheActprovides that each contractor or subrecipientshall beprohibited frominducing, by any means,any person employedin theconstruction,completion, or repairof publicwork,to give up any part of thecompensation towhich heis otherwise entitled. Therecipient shall reportallsuspectedor reportedviolations to the Federal awarding agency.
3.Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)
When required by Federal program legislation, allconstruction contracts awardedby therecipientsand subrecipients of more than $2000 shall includea provisionfor compliance withthe Davis-Bacon Act(40 U.S.C. 276ato a-7) and assupplemented by Department of Labor regulations (29 CFRpart 5, "LaborStandards ProvisionsApplicableto Contracts Governing Federally Financed andAssistedConstruction"). Under this Act, contractorsshallbe required to pay wages to laborers and mechanics at a rate notlessthan theminimum wagesspecified in a wage determination made by theSecretary of Labor.In addition,contractorsshallbe required to pay wagesnotless than oncea week. Therecipientshallplacea copy of the currentprevailing wagedetermination issuedby theDepartmentof Labor in each solicitation and the award of a contract shallbeconditioned upon the acceptance of the wage determination. The recipientshallreportallsuspected or reported violationsto the Federal awarding agency.
4.ContractWorkHoursand Safety StandardsAct (40 U.S.C. 327-333)
Where applicable, allcontracts awarded by recipients in excessof $2000 forconstruction contracts and in excessof $2500 for other contracts thatinvolvetheemployment of mechanicsor laborers shallincludea provision for compliancewithSections102 and 107 of the Contract Work Hours and Safety StandardsAct(40 U.S.C.327-333), as supplemented by Department of Labor regulations(29CFR part5). Under Section 102 of the Act, each contractor shall be required tocompute the wages of every mechanic and laborer on thebasis of a standard work
week of 40 hours. Work in excessof thestandard work week ispermissibleprovided thatthe worker iscompensated at a rate of notless than 1.5 times thebasicrateof pay for allhoursworked in excess of 40 hoursin the work week.Section 107 of theAct isapplicable to construction work and provides thatnolaborer or mechanicshall berequired to work in surroundingsor under workingconditionswhich areunsanitary, hazardousor dangerous.These requirementsdonotapply to purchasesof supplies or materials or articles ordinarily available ontheopen market, or contractsfor transportation or transmission of intelligence.
5.Rights to Inventions Made Undera Contract orAgreement
Contracts or agreementsfor the performance of experimental, developmental, orresearchworkshall providefor the rights of the Federal Governmentand therecipient in any resulting invention in accordancewith37 CFRpart 401, "Rightsto InventionsMade by NonprofitOrganizations and SmallBusinessFirms UnderGovernment Grants, Contracts and CooperativeAgreements," and anyimplementing regulations issuedby the awarding agency.
6.CleanAirAct (42 U.S.C. 7401 et seq.) and theFederalWaterPollutionControlAct (33 U.S.C. 1251 et seq.), as amended
Contracts and subgrantsof amounts in excessof $100,000 shallcontain aprovision thatrequires therecipient to agree to complywith allapplicablestandards,ordersor regulations issued pursuantto theClean Air Act(42 U.S.C.7401 etseq.) and theFederal Water Pollution ControlActas amended (33 U.S.C.1251 etseq.). Violations shall be reported to the Federalawarding agency and theRegional Officeof the EnvironmentalProtection Agency(EPA).
7.ByrdAnti-LobbyingAmendment (31 U.S.C. 1352)
Contractors who apply or bid for an award of $100,000 or moreshall file therequired certification. Eachtier certifies to thetier above that itwillnotand hasnotusedFederal appropriated fundsto pay any person or organization forinfluencing or attempting to influencean officer or employee of any agency,amember of Congress, officer or employee of Congress,or an employee of amember of Congress in connection with obtaining any Federal contract, grant orany other award covered by 31 U.S.C. 1352. Each tier shallalso discloseanylobbying with non-Federal funds thattakesplace in connection with obtaining anyFederal award. Such disclosuresareforwarded from tier to tier up to therecipient.
8.Debarment and Suspension (E.O.s12549 and 12689)
No contract shallbe made to partieslisted on theGeneral ServicesAdministration's Listof PartiesExcluded fromFederalProcurementorNonprocurement Programs in accordance withE.O.s 12549 and 12689,"Debarment and Suspension." This list contains thenamesof parties debarred,suspended, or otherwiseexcluded by agencies, and contractors declared ineligibleunder statutory or regulatory authority other than E.O. 12549. Contractors withawards that exceed thesmallpurchasethreshold shall providethe requiredcertification regarding its exclusion statusand that of its principal employees.
9.Access to Records
SeeWhiteHouse Officeof Management BudgetCircularA-110.48(d).
SectionII:
If this order is a subcontract under aU.S. GovernmentPrimeContract, the applicable clauses listed below are incorporated into, and form a part of, the terms and conditions of this order. In the eventof any conflict between the terms and conditions of thisSection and any other provision of this order,the terms and conditions of this Section shall prevail.The term "FAR" means theFederal Acquisition Regulations, including revision in effect on the date of this order. The term “DFAR” means the Department of Defense Supplement to the Federal Acquisition Regulations, including therevision in effect on thedateof this order. The terms "Contractor," "Government," and "Contracting Officer” as used in these clauses incorporated by this reference shall be deemed to refer to the "Seller,""Buyer," and "TheBoard of Regents,NevadaSystem of Higher Education, on behalfof the College of Southern Nevada” (NSHE), respectively. Any reference to a “Disputes” clause in any of the clauses listed below shall be deemed to refer to the “Disputes” clause contained in the Prime Contract. In no event shall such reference to a “Disputes” clause be construed to allow the Seller, without the concurrence or approval of NSHE, to prosecute and appeal either directly or in the name of NSHE to the Contracting Officer for such Prime Contract.
Thefollowingprovisionsapplyregardless oftheamountofthis order:
1.Prohibition of Segregated Facilities FAR 52.222-21
2.PreviousContracts Compliance Reports FAR 52.222-22
3.HazardousMaterialIdentification and MaterialSafety Data(when applicable) FAR 52.223-3
4.Restrictionson Certain Foreign Purchases FAR 52.225-13
5.Restrictive Markings on TechnicalData (when applicable) DFAR52.227-7013
Thefollowingprovisionsapplyiftheamount ofthis orderexceeds
$10,000.00:
1.Walsh-HealeyPublicContractsAct FAR 52.222-20
2.Equal Opportunity FAR 52.222-26
3.AffirmativeAction for Workerswith Disabilities FAR 52.222-36
Thefollowingprovisionsapplyiftheamount ofthis orderexceeds
$25,000.00:
1.Certification Regarding Debarment,Suspension, ProposedDebarment, and Other Responsibility Matters obtained prior to award FAR 52.209-5
2.AffirmativeAction for Special Disabled andVietnam EraVeterans FAR 52.222-35
3.Employment Reportson Disabled Veterans andVeteransoftheVietnamEra FAR 52.222-37
4.Clean Air and Water FAR 52.223-2
Thefollowingprovisionsapplyiftheamount ofthis orderexceeds
$100,000.00:
1.Anti-Kickback Procedures FAR 52.203-7
2.Limitations on Payments to InfluenceCertain FederalTransactions FAR 52.203-12
3.Auditand Records - Negotiation (if order was entered into by negotiation) FAR 52.215-2
4.Utilization of Small BusinessConcerns FAR 52.219-8
5.Drug-Free Workplace FAR 52.223-6
6.ToxicChemicalReleaseReporting FAR 52.223-14
7.Authorization and Consent FAR 52.227-1
8.Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.227-2
9.Responsibility for Supplies FAR 52.246-16
Thefollowingprovisionappliesiftheamount ofthis orderexceeds
$500,000.00:
Small BusinessSubcontracting Plan(does notapply to smallbusinessconcerns) FAR 52.219-9
Thefollowingprovisionappliesiftheamount ofthis orderexceeds
$550,000.00:
PriceReduction for Defective Cost or Pricing Data(if order was entered into bynegotiation, when applicable)
FAR 52.215-12, FAR 52.215-13