Common use of XXXXX XXXXX Act and XXXXXXXX Anti Kickback Act Clause in Contracts

XXXXX XXXXX Act and XXXXXXXX Anti Kickback Act. a. Applicability of Xxxxx-Xxxxx Act. The Xxxxx-Xxxxx Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. Standard: All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Xxxxx-Xxxxx Act (40U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Xxxxx-Xxxxx Act, the contracts must also include a provision for compliance with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Xxxxxxxx Anti- Kickback Act provides that each contractor or subrecipient must 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 or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Xxxxx-Xxxxx and Xxxxxxxx Acts. However, as discussed in the previous subsection, the Xxxxx-Xxxxx Act does not apply to Public Assistance recipients and subrecipients. In situations where the Xxxxx-Xxxxx Act does not apply, neither does the Xxxxxxxx “Anti -Kickback Act.” However, for purposes of grant programs where both clauses do apply, FEMA requires the contract clause set forth below: Terms: In contracts were applicable, the parties agree to comply with the provisions of the Xxxxx- Xxxxx Act and its implementing regulations and the following contract clauses: (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

XXXXX XXXXX Act and XXXXXXXX Anti Kickback Act. a. a) Applicability of Xxxxx-Xxxxx Act. The Xxxxx-Xxxxx Act only applies to the emergency Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. Standard: b) All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Xxxxx-Xxxxx Act (40U.S.C. 40 U.S.C. §§ 3141-3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ if D. c. c) In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than that the prevailing wages specified in a wage determination made by be the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. d. d) The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations violation to the Federal awarding agency. e. e) In contracts subject to the Xxxxx-Xxxxx Act, the contracts must also include a provision for compliance with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. §§ 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Xxxxxxxx Anti- Anti-Kickback Act provides that each contractor or subrecipient sub recipient must be prohibited from inducingincluding, by any means, any person employed in the construction, completion, or repair of the public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-non- Federal entity must report all suspected or reported violations to FEMA. f. f) The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Xxxxx-Xxxxx and Xxxxxxxx Acts. However, as discussed in the previous next subsection, the Xxxxx-Xxxxx Act does not apply to Public Assistance recipients and subrecipients. In situations where the Xxxxx-Xxxxx Act does not apply, neither does the Xxxxxxxx “Anti -Kickback Act.” However, for purposes of grant programs where both clauses do applyAs such, FEMA requires the contract clause set forth below: Terms: In contracts were applicable, the parties agree to comply with the provisions of the Xxxxx- Xxxxx Act and its implementing regulations and the following contract clausesclause: (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

XXXXX XXXXX Act and XXXXXXXX Anti Kickback Act. a. 26.10.1 Applicability of Xxxxx-Xxxxx Act. The Xxxxx-Xxxxx Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. Standard: 26.10.2 All prime construction contracts in excess of $2,000 awarded by non-non- Federal entities must include a provision for compliance with the Xxxxx-Xxxxx Act (40U.S.C. 40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. c. 26.10.3 In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors contractors’ must be required to pay wages not less than once a week. d. 26.10.4 The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. 26.10.5 In contracts subject to the Xxxxx-Xxxxx Act, the contracts must also include a provision for compliance with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Xxxxxxxx Anti- Kickback AntiKickback Act provides that each contractor or subrecipient must 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 or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. 26.10.6 The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Xxxxx-Xxxxx and Xxxxxxxx Acts. However, as discussed in the previous subsection, the Xxxxx-Xxxxx Act does not apply to Public Assistance recipients and subrecipients. In situations where the Xxxxx-Xxxxx Act does not apply, neither does the Xxxxxxxx “Anti -Kickback Anti-Kickback Act.” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause set forth belowclause: Terms: In contracts were applicable, the parties agree to comply “Compliance with the provisions of the Xxxxx- Xxxxx Act and its implementing regulations and the following contract clauses: (1) Xxxxxxxx “Anti-Kickback” Act. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.