Appendix E to Part 37 - What Provisions May A Participant Need to Include When Purchasing Goods or Services Under a TIA
32:1.1.1.3.10.12.42.1.10 : Appendix E
Appendix E to Part 37 - What Provisions May A Participant Need to
Include When Purchasing Goods or Services Under a TIA?
A. As discussed in § 37.705, you must inform recipients of any
national policy requirements that flow down to their purchases of
goods or services (e.g., supplies or equipment) under their
TIAs. Note that purchases of goods or services differ from
subawards, which are for substantive research program
performance.
B. Appendix A to 32 CFR part 34 lists ten national policy
requirements that commonly apply to firms' purchases under grants
or cooperative agreements. Of those ten, two that apply to all
recipients' purchases under TIAs are:
1. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). A
contractor submitting a bid to the recipient for a contract award
of $100,000 or more must file a certification with the recipient
that it has not and will not use Federal appropriations for certain
lobbying purposes. The contractor also must disclose any lobbying
with non-Federal funds that takes place in connection with
obtaining any Federal award. For further details, see 32 CFR part
28, the DoD's codification of the Governmentwide common rule
implementing this amendment.
2. Debarment and suspension. A contract award with an
amount expected to equal or exceed $25,000 and certain other
contract awards (see 2 CFR 1125.220, which implements OMB guidance
at 2 CFR 180.220) shall not be made to parties identified in the
Exclusions area of the System for Award Management (SAM Exclusions)
as being currently debarred, suspended, or otherwise excluded. This
restriction is in accordance with the DoD adoption at 2 CFR part
1125 of the OMB guidance implementing E.O.s 12549 (3 CFR, 1986
Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), “Debarment
and Suspension.”
C. The following requirements apply to recipient's purchases
under TIAs in the situations specified below:
1. Equal Employment Opportunity. Although construction
work should happen rarely under a TIA, the agreements officer in
that case should inform the recipient that Department of Labor
regulations at 41 CFR 60-1.4(b) prescribe a clause that must be
incorporated into recipients' and subrecipients' construction
contracts under their awards and subawards, respectively. Further
details are provided in appendix B to part 22 of the DoDGARs (32
CFR part 22), in section b. under the heading “Nondiscrimination.”
any “federally assisted construction contract” (as defined in 41
CFR 60-1.3) under the award unless provisions of 41 CFR part 60-1
exempt the contract from the requirement. The clause will require
the contractor to comply with equal opportunity requirements in 41
CFR chapter 60.
2. Wage Rate Requirements (Construction), formerly the Davis
Bacon Act. When required by Federal program legislation, you
must take the following actions with respect to each construction
contract for more than $2,000 to be awarded using funding provided
under this award:
a. Place in the solicitation under which the contract will be
awarded a copy of the current prevailing wage determination issued
by the Department of Labor;
b. Condition the decision to award the contract upon the
contractor's acceptance of that prevailing wage determination;
c. Include in the contract the clauses specified at 29 CFR
5.5(a) in Department of Labor regulations (29 CFR part 5, “Labor
Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction”) to require the contractor's
compliance with the Wage Rate Requirements (Construction), as
amended (40 U.S.C. 3141-44, 3146, and 3147); and
d. Report all suspected or reported violations to the award
administration office identified in this award.
3. Fly America requirements. In each contract under which
funds provided under this award might be used to participate in
costs of international air travel or transportation for people or
property, you must include a clause to require the contractor
to:
a. Comply with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118, also known as
the “Fly America” Act), as implemented by the General Services
Administration at 41 CFR 301-10.131 through 301-10.143, which
provides that U.S Government financed international air travel and
transportation of personal effects or property must use a U.S. Flag
air carrier or be performed under a cost sharing arrangement with a
U.S. carrier, if such service is available; and
b. Include the requirements of the Fly America Act in all
subcontracts that might involve international air
transportation.
4. Cargo preference for United States flag vessels. In
each contract under which equipment, material, or commodities may
be shipped by oceangoing vessels, you must include the clause
specified in Department of Transportation regulations at 46 CFR
381.7(b) to require that at least 50 percent of equipment,
materials or commodities purchased or otherwise obtained with
Federal funds under this award, and transported by ocean vessel, be
transported on privately owned U.S. flag commercial vessels, if
available.
[85 FR 51247, Aug. 19, 2020]