CONTRACT PROVISIONS TEMPLATE

FEMA Office of Chief Counsel

Procurement Disaster Assistance Team
U. S. Department of Homeland Security

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INTRODUCTION

If a non-Federal entity (state or non-state) wants to use federal funds to pay or reimburse their 

expenses for equipment or services under a contract, that contract must contain the applicable 

clauses described in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal 

Entity Contracts Under Federal Awards) under 2 C.F.R. § 200.326. In addition, there are certain 

contract clauses which are recommended by FEMA.

This document outlines the federally required contract provisions in addition to FEMArecommended provisions.

• For some of the required clauses, sample language or references to find sample 

language are provided.

• Sample language for certain required clauses (remedies, termination for cause and 

convenience, changes) is not provided since these must be drafted in accordancewith 

the non-Federal entity’s applicable local laws and procedures.

• For the clauses which require that exact language be included, the required languageis 

provided. Those clauses are specifically identified below.

Please note that the non-Federal entity alone is responsible for ensuring that all language 

included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, 

Appendix II.
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TABLE OF CONTENTS

I. TOOLS

1. CONTRACT PROVISIONS QUICK REFERENCE GUIDE ...............................................4

II. REQUIRED CONTRACT PROVISIONS

1. REMEDIES................................................................................................................6

2. TERMINATION FOR CAUSE AND CONVENIENCE.....................................................6

3. EQUAL EMPLOYMENT OPPORTUNITY ....................................................................6

4. DAVIS BACON ACT.................................................................................................10

5. COPELAND ANTI-KICKBACK ACT ...........................................................................11

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT....................................13

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT...............14

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.............. 15

9. DEBARMENT AND SUSPENSION .......................................................................... 16

10. BYRD ANTI-LOBBYING AMENDMENT................................................................... 18

11. PROCUREMENT OF RECOVERED MATERIALS ...................................................... 21

III. FEMA-RECOMMENDED CONTRACT PROVISIONS

1. ACCESS TO RECORDS............................................................................................ 22

2. CHANGES/MODIFICATIONS ................................................................................. 23

3. NON-USE OF DHS SEAL, LOGO, AND FLAGS.........................................................23

4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS... 24

5. NO OBLIGATION BY THE FEDERAL GOVERNMENT .............................................. 24

6. PROGRAM FRAUD AND FALSE/FRADULENT STATEMENTS OR RELATED ACTS....25
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Required Contract Provisions: Quick Reference Guide

KEY

Required/Recommended Provision

Required/Recommended Provision and Required Exact Language

Not Required for PA Awards (Grants)

Required Provision Contract Criteria Sample Language?

1. Legal/contractual/administrative 

remedies for breach of contract

> Simplified Acquisition 

Threshold ($250k)

No. It is based on applicant’s 

procedures.

2. Termination for cause or 

convenience > $10k No. It is based on applicant’s procedures.

3. Equal Employment Opportunity Construction work Yes. 41 CFR Part 60-1.4(b)

4. Davis Bacon Act Construction work Not applicable to PA grants

5. Copeland Anti-Kickback Act Construction work > $2k Not applicable to PA grants

6. Contract Work Hours and Safety 

Standards Act

> $100k + mechanics or 

laborers Yes. 29 CFR 5.5(b)

7. Rights to inventions made under a 

contract or agreement

Funding agreement Not applicable to PA grants

8. Clean Air Act and Federal Water 

Pollution Control Act >$150k Yes

9. Debarment and Suspension All Yes

10. Byrd Anti-Lobbying Amendment All

(>$100k: Certification) Yes. Clause and certification

11. Procurement of Recovered 

Materials

Applicant is a state or 

political subdivision of a 

state. Work involves the use 

of materials.

Yes
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Recommended Contract Provisions: Quick Reference Guide

Recommended Provision Contract Criteria Sample Language?

1. Access to Records All Yes

2. Contract Changes or 

Modifications All No. It depends on nature of contract and end-item procured.

3. DHS Seal, Logo, and Flags All Yes

4. Compliance with Federal Law, 

Regulations and Executive Orders All Yes

5. No Obligation by Federal 

Government All Yes

6.

Program Fraud and False or 

Fraudulent Statements or Related 

Acts

All Yes
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REQUIRED CONTRACT PROVISIONS

1. REMEDIES

a. Standard. Contracts for more than the simplified acquisition threshold, 

currently set at $250,000, must address administrative, contractual, or legal 

remedies in instances where contractors violate or breach contract terms, and 

provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, 

Appendix II(A).

b. Applicability. This requirement applies to all FEMA grant and cooperative 

agreement programs.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause 

and for convenience by the non-Federal entity, including the manner by which it 

will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix

II(B).

b. Applicability. This requirement applies to all FEMA grant and cooperative 

agreement programs.

3. EQUAL EMPLOYMENTOPPORTUNITY

If applicable, exact language below in subsection 3.d is required.

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts 

that meet the definition of “federally assisted construction contract” in 41 C.F.R.

§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 

60- 1.4(b), in accordance with Executive Order 11246, Equal Employment 

Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.

339), as amended by Executive Order 11375, Amending Executive Order 11246 

Relating to Equal Employment Opportunity, and implementing regulations at 41

C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal 

Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, 

Appendix II(C).
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b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement 

or modification thereof between any applicant and a person for 

construction work which is paid for in whole or in part with funds 

obtained from the Government or borrowed on the credit of the 

Government pursuant to any Federal program involving a grant, contract, 

loan, insurance, or guarantee, or undertaken pursuant to any Federal 

program involving such grant, contract, loan, insurance, or guarantee, or 

any application or modification thereof approved by the Government for 

a grant, contract, loan, insurance, or guarantee under which the applicant 

itself participates in the construction work.

ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines 

“construction work” as the construction, rehabilitation, alteration, 

conversion, extension, demolition or repair of buildings, highways,or 

other changes or improvements to real property, including facilities 

providing utility services. The term also includes the supervision, 

inspection, and other onsite functions incidental to the actual 

construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative 

agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requiresthe 

insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for 

employment because of race, color, religion, sex, sexual orientation, gender 

identity, or national origin. The contractor will take affirmative action toensure 

that applicants are employed, and that employees are treated during 

employment without regard to their race, color, religion, sex, sexual 

orientation, gender identity, or national origin. Such action shall include, but 

not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment 

advertising; layoff or termination; rates of pay or other forms of compensation; 

and selection for training, including apprenticeship. The contractor agrees to 

post in conspicuous places, available to employees and applicants for
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employment, notices to be provided setting forth the provisions of this 

nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees 

placed by or on behalf of the contractor, state that all qualified applicants will 

receive consideration for employment without regard to race, color, religion, 

sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate 

against any employee or applicant for employment because such employee or 

applicant has inquired about, discussed, or disclosed the compensation of the 

employee or applicant or another employee or applicant. This provision shall 

not apply to instances in which an employee who has access to the 

compensation information of other employees or applicants as a part of such 

employee's essential job functions discloses the compensation of such other 

employees or applicants to individuals who do not otherwise have access to 

such information, unless such disclosure is in response to a formal complaint or 

charge, in furtherance of an investigation, proceeding, hearing, or action, 

including an investigation conducted by the employer, or is consistent with the

contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers 

with which he has a collective bargaining agreement or other contract or 

understanding, a notice to be provided advising the said labor union or 

workers' representatives of the contractor's commitments under this section, 

and shall post copies of the notice in conspicuous places available to employees 

and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of 

September 24, 1965, and of the rules, regulations, and relevant orders of the 

Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive 

Order 11246 of September 24, 1965, and by rules, regulations, and orders of 

the Secretary of Labor, or pursuant thereto, and will permit access to hisbooks, 

records, and accounts by the administering agency and the Secretary of Labor 

for purposes of investigation to ascertain compliance with such rules, 

regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination 

clauses of this contract or with any of the said rules, regulations, or orders,this 

contract may be canceled, terminated, or suspended in whole or in part and 

the contractor may be declared ineligible for further Government contracts or 

federally assisted construction contracts in accordance with procedures
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authorized in Executive Order 11246 of September 24, 1965, and such other 

sanctions may be imposed and remedies invoked as provided in Executive 

Order 11246 of September 24, 1965, or by rule, regulation, or order of the 

Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately 

preceding paragraph (1) and the provisions of paragraphs (1) through (8) in 

every subcontract or purchase order unless exempted by rules, regulations, or 

orders of the Secretary of Labor issued pursuant to section 204 of Executive 

Order 11246 of September 24, 1965, so that such provisions will be binding 

upon each subcontractor or vendor. The contractor will take such action with 

respect to any subcontract or purchase order as the administering agencymay 

direct as a means of enforcing such provisions, including sanctions for 

noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is 

threatened with, litigation with a subcontractor or vendor as a result of such 

direction by the administering agency, the contractor may request the United 

States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal 

opportunity clause with respect to its own employment practices when it 

participates in federally assisted construction work: Provided, That if the 

applicant so participating is a State or local government, the above equal 

opportunity clause is not applicable to any agency, instrumentality or 

subdivision of such government which does not participate in work on or under 

the contract.

The applicant agrees that it will assist and cooperate actively with the 

administering agency and the Secretary of Labor in obtaining the compliance of 

contractors and subcontractors with the equal opportunity clause and the 

rules, regulations, and relevant orders of the Secretary of Labor, that it will 

furnish the administering agency and the Secretary of Labor such information 

as they may require for the supervision of such compliance, and that it will 

otherwise assist the administering agency in the discharge of the agency's 

primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract 

or contract modification subject to Executive Order 11246 of September 24, 

1965, with a contractor debarred from, or who has not demonstrated eligibility 

for, Government contracts and federally assisted construction contracts 

pursuant to the Executive Order and will carry out such sanctions and penalties 

for violation of the equal opportunity clause as may be imposed upon
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contractors and subcontractors by the administering agency or the Secretary of 

Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the 

applicant agrees that if it fails or refuses to comply with these undertakings, the 

administering agency may take any or all of the following actions: Cancel, 

terminate, or suspend in whole or in part this grant (contract, loan, insurance, 

guarantee); refrain from extending any further assistance to the applicant 

under the program with respect to which the failure or refund occurred until 

satisfactory assurance of future compliance has been received from such 

applicant; and refer the case to the Department of Justice for appropriate legal 

proceedings.

4. DAVIS-BACON ACT

a. Standard. All prime construction contracts in excess of $2,000 awarded by nonFederal entities must include a provision for compliance with the Davis-Bacon Act 

(40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department ofLabor 

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). 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 aweek.

b. Applicability. The Davis-Bacon Act only applies to the Emergency Management 

Preparedness Grant Program, Homeland SecurityGrant 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.

c. Requirements. If applicable, the non-federal entity must do the following:

i. 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.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject 

to the Davis-Bacon Act, must also include a provision for compliancewith
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the Copeland “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 Copeland 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 nonFederal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 

3141-3144, and 3146-3148) as supplemented by Department of Labor 

regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to 

Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause: 

Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in 

compliance with the Davis-Bacon Act (40 U.S.C. 3141-

3144, and 3146-3148) and the requirements of 29C.F.R. 

pt. 5 as may be applicable. The contractor shall comply 

with 40 U.S.C. 3141-3144, and 3146-3148 and the 

requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are 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.

c. Additionally, contractors are required to pay wages not 

less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for 

compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as 

supplemented by Department of Labor regulations (29 CFR Part 3, “Contractorsand 

Subcontractors on Public Building or Public Work Financed in Whole or in Part by 

Loans or Grants from the United States”).
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b. Applicability. This requirement applies to all contracts for construction or repair 

work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES 

NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non-federal entity must include a provision for 

compliance with the Copeland “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). Each contractor orsubrecipient 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. Additionally, in accordance with the 

regulation, each contractor and subcontractor must furnish each week a statement 

with respect to the wages paid each of its employees engaged in work covered by 

the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding 

weekly payroll period. The report shall be delivered by the contractor or 

subcontractor, within seven days after the regular payment date of the payroll 

period, to a representative of a Federal or State agency in charge at the site of the 

building or work.

Sample Language. The following provides a sample contract clause: 

Compliance with the Copeland “Anti-Kickback” Act.

a. 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.

b. Subcontracts. The contractor or subcontractor shall insert in 

any subcontracts the clause above and such other clauses as 

FEMA may by appropriate instructions require, and also a 

clause requiring the subcontractors to include these clauses 

in any lower tier subcontracts. The prime contractor shall be 

responsible for the compliance by any subcontractor orlower 

tiersubcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be 

grounds for termination of the contract, and fordebarment
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as a contractor and subcontractor as provided in 29 C.F.R. § 

5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDSACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded 

by the non-Federal entity in excess of $100,000 that involve the employment of 

mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 

3702 and 3704, as supplemented by Department of Labor regulations at 29

C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each 

contractor must 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 one and a half times the basic rate of pay for all hours 

worked in excess of 40 hours in the work week. Further, no laborer or mechanic 

must be required to work in surroundings or under working conditions which 

are unsanitary, hazardous, or dangerous.

b. Applicability. Thisrequirement appliesto all FEMA contracts awardedby the nonfederal entity in excess of $100,000 under grant and cooperative agreement 

programs that involve the employment of mechanics or laborers. It is 

applicable to construction work. These requirements do not apply to the 

purchase of supplies or materials or articles ordinarily available on the open 

market, or contracts for transportation or transmission of intelligence.

c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract 

clause language concerning compliance with the Contract Work Hours and 

Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any 

part of the contract work which may require or involve the employment of 

laborers or mechanics shall require or permit any such laborer or mechanic in 

any workweek in which he or she is employed on such work to work in excess 

of forty hours in such workweek unless such laborer or mechanic receives 

compensation at a rate not less than one and one-half times the basic rate of 

pay for all hours worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any 

violation of the clause set forth in paragraph (b)(1) of this section the 

contractor and any subcontractor responsible therefor shall be liable for the 

unpaid wages. In addition, such contractor and subcontractor shall be liable to 

the United States (in the case of work done under contract for the District of 

Columbia or a territory, to such District or to such territory), for liquidated 

damages. Such liquidated damages shall be computed with respect to each 

individual laborer or mechanic, including watchmen and guards, employed in 

violation of the clause set forth in paragraph (b)(1) of this section, in the sumof

$27 for each calendar day on which such individual was required or permitted 

to work in excess of the standard workweek of forty hours without payment of 

the overtime wages required by the clause set forth in paragraph (b)(1) of this 

section.

(3) Withholding for unpaid wages and liquidated damages. The (write in the 

name of the Federal agency or the loan or grant recipient) shall upon its own 

action or upon written request of an authorized representative of the 

Department of Labor withhold or cause to be withheld, from any moneys 

payable on account of work performed by the contractor or subcontractor 

under any such contract or any other Federal contract with the same prime 

contractor, or any other federally-assisted contract subject to the Contract 

Work Hours and Safety Standards Act, which is held by the same prime 

contractor, such sums as may be determined to be necessary to satisfy any 

liabilities of such contractor or subcontractor for unpaid wages and liquidated 

damages as provided in the clause set forth in paragraph (b)(2) of thissection.

(4) Subcontracts. The contractor or subcontractor shall insert in any 

subcontracts the clauses set forth in paragraph (b)(1) through (4) of thissection 

and also a clause requiring the subcontractors to include these clauses in any 

lower tier subcontracts. The prime contractor shall be responsible for 

compliance by any subcontractor or lower tier subcontractor with the clauses 

set forth in paragraphs (b)(1) through (4) of thissection.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT

a. Standard. If the FEMA award meets the definition of “funding agreement” 

under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a 

contract with a small business firm or nonprofit organization regarding the 

substitution of parties, assignment or performance of experimental, 

developmental, or research work under that “funding agreement,” the nonFederal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights 

to Inventions Made by Nonprofit Organizations and Small Business FirmsUnder
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Government Grants, Contracts and Cooperative Agreements), and any 

implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix 

II(F).

b. Applicability. This requirement applies to “funding agreements,” but it DOES 

NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire 

Management Assistance Grant Program, Crisis Counseling Assistance and 

Training Grant Program, Disaster Case Management Grant Program, and Federal 

Assistance to Individuals and Households – Other Needs Assistance Grant 

Program, as FEMA awards under these programs do not meet the definition of 

“fundingagreement.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines 

“funding agreement” as any contract, grant, or cooperative agreement entered 

into between any Federal agency, other than the Tennessee Valley Authority, 

and any contractor for the performance of experimental, developmental, or 

research work funded in whole or in part by the Federal government. This term 

also includes any assignment, substitution of parties, orsubcontract of any type 

entered into for the performance of experimental, developmental, or research 

work under a funding agreement as defined in the first sentence of this 

paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the 

contractor to agree to comply with all applicable standards, orders, or 

regulationsissued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and 

the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). 

Violations must be reported to FEMA and the Regional Office of the 

Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).

b. Applicability. This requirement applies to contracts awarded by a non-federal 

entity of amounts in excess of $150,000 under a federal grant.

c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agreesto comply with all applicable standards, 

orders or regulationsissued pursuant to the Clean Air Act, as
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amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the (nameof 

applicant entering into the contract) and understands and 

agrees that the (name of the applicant entering into the 

contract) will, in turn, report each violation as required to 

assure notification to the Federal Emergency Management 

Agency, and the appropriate Environmental Protection Agency 

Regional Office.

3. The contractor agrees to include these requirements in each 

subcontract exceeding $150,000 financed in whole or in part 

with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, 

orders, or regulations issued pursuant to the Federal Water 

Pollution Control Act, as amended, 33 U.S.C. 1251 etseq.

2. The contractor agrees to report each violation to the (name of 

the applicant entering into the contract) and understands and 

agrees that the (name of the applicant entering into the 

contract) will, in turn, report each violation as required to 

assure notification to the Federal Emergency Management 

Agency, and the appropriate Environmental Protection Agency 

Regional Office.

3. The contractor agrees to include these requirements in each 

subcontract exceeding $150,000 financed in whole or inpart 

with Federal assistance provided byFEMA.

9. DEBARMENT AND SUSPENSION

a. Standard. Non-Federal entities and contractors are subject to the debarment 

and suspension regulations implementing Executive Order 12549, Debarment 

and Suspension (1986) and Executive Order 12689, Debarment and Suspension 

(1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s 

regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment andSuspension).

b. Applicability. Thisrequirement appliesto all FEMA grant and cooperative
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agreement programs.

c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain 

parties that are debarred, suspended, or otherwise excluded from or 

ineligible for participation in Federal assistance programs and activities.

See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract 

award must not be made to parties listed in the SAM Exclusions. SAM 

Exclusions is the list maintained by the General Services Administration 

that contains the names of parties debarred, suspended, or otherwise 

excluded by agencies, as well as parties declared ineligible under 

statutory or regulatory authority other than Executive Order 12549. SAM 

exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.

ii. In general, an “excluded” party cannot receive a Federal grant award or a 

contract within the meaning of a “covered transaction,” to include 

subawards and subcontracts. This includes parties that receive Federal 

funding indirectly, such as contractors to recipients and subrecipients. 

The key to the exclusion is whether there is a “covered transaction,” 

which is any nonprocurement transaction (unless excepted) at either a 

“primary” or “secondary” tier. Although“covered transactions” do not 

include contracts awarded by the Federal Government for purposes of 

the nonprocurement common rule and DHS’s implementing regulations, 

it does include some contracts awarded by recipients andsubrecipients.

iii. Specifically, a covered transaction includesthe following contractsfor 

goods orservices:

1. The contract is awarded by a recipient orsubrecipient in the 

amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of 

amount.

3. The contract is for federally-required auditservices.

4. A subcontract is also a covered transaction if it is awarded by 

the contractor of a recipient orsubrecipient and requires either 

the approval of FEMA or is in excess of$25,000.

d. Suggested Language. The following provides a debarment and suspension
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clause. It incorporates an optional method of verifying that contractors are not 

excluded or disqualified.

Suspension and Debarment

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 

2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of 

the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates 

(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 

or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. 

pt. 3000, subpart C, and must include a requirement to comply with these 

regulations in any lower tier covered transaction it entersinto.

(3) This certification is a material representation of fact relied upon by (insert 

name of recipient/subrecipient/applicant). If it is later determined that 

the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. 

pt. 3000, subpart C, in addition to remedies available to (insert name of 

recipient/subrecipient/applicant), the Federal Government may pursue 

available remedies, including but not limited to suspension and/or 

debarment.

(4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. 

pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid 

and throughout the period of any contract that may arise from this offer. 

The bidder or proposer further agrees to include a provision requiring 

such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used 

Federal appropriated funds to pay any person or organization for influencing or 

attempting to influence an officer or employee of any agency, a Member of 

Congress, officer or employee of Congress, or an employee of a Member of 

Congress in connection with obtaining any Federal contract, grant or any other 

award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 

implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A 

to Part 18, a copy of the certification that is required to be completed by each 

entity as described in 31 U.S.C. § 1352. Each tier must also disclose anylobbying 

with non-Federal funds that takes place in connection with obtaining any
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Federal award. Such disclosures are forwarded from tier to tier up to the 

Federal awarding agency.

b. Applicability. This requirement applies to all FEMA grant and cooperative 

agreement programs. Contractors that apply or bid for a contract of $100,000 

or more under a federal grant must file the required certification. See 2 C.F.R. 

Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the 

required certification. Each tier certifies to the tier above that it will not and 

has not used Federal appropriated funds to pay any person or organization for 

influencing or attempting to influence an officer or employee of any agency, a 

Member of Congress, officer or employee of Congress, or an employee of a 

Member of Congress in connection with obtaining any Federal contract, grant, 

or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose 

any lobbying with non-Federal funds that takes place in connection with 

obtaining any Federal award. Such disclosures are forwarded from tier to tier 

up to the recipient who in turn will forward the certification(s) to the awarding 

agency.

d. Required Certification. If applicable, contractors must sign and submit to the 

non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on 

behalf of the undersigned, to any person for influencing or attempting to 

influence an officer or employee of an agency, a Member of Congress, an 

officer or employee of Congress, or an employee of a Member of Congress 

in connection with the awarding of any Federal contract, the making ofany
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Federal grant, the making of any Federal loan, the entering into of any 

cooperative agreement, and the extension, continuation, renewal, 

amendment, or modification of any Federal contract, grant, loan, or 

cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will 

be paid to any person for influencing or attempting to influence an officer 

or employee of any agency, a Member of Congress, an officer or employee 

of Congress, or an employee of a Member of Congress in connection with 

this Federal contract, grant, loan, or cooperative agreement, the 

undersigned shall complete and submit Standard Form-LLL, “Disclosure 

Form to Report Lobbying,” in accordance with itsinstructions.

3. The undersigned shall require that the language of this certification be 

included in the award documents for all subawards at all tiers (including 

subcontracts, subgrants, and contracts under grants, loans, and cooperative 

agreements) and that all subrecipients shall certify and discloseaccordingly.

This certification is a material representation of fact upon which reliance was 

placed when this transaction was made or entered into. Submission of this 

certification is a prerequisite for making or entering into this transaction 

imposed by section 1352, title 31, U.S. Code. Any person who fails to file the 

required certification shall be subject to a civil penalty of not less than $10,000 

and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and 

accuracyof each statement of its certification and disclosure, if any. In addition, 

the Contractor understands and agrees that the provisions of 31 U.S.C.Chap.

38, Administrative Remedies for False Claims and Statements, apply to this 

certification and disclosure, if any.

Signature of Contractor’s Authorized Official 

Name and Title of Contractor’s Authorized Official 

Date
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11. PROCUREMENT OF RECOVERED MATERIALS

a. Standard. A non-Federal entity that is a state agency or agency of a political 

subdivision of a state and its contractors must comply with Section 6002 ofthe 

Solid Waste Disposal Act, as amended by the Resource Conservation and 

Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §200.322.

b. Applicability. This requirement applies to all contracts awarded by a nonfederal entity under FEMA grant and cooperative agreementprograms.

c. Requirements. The requirements of Section 6002 include procuring only items 

designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest 

percentage of recovered materials practicable, consistent with maintaining a 

satisfactory level of competition, where the purchase price of the item exceeds

$10,000 or the value of the quantity acquired by the preceding fiscal year 

exceeded $10,000; procuring solid waste management services in a manner that 

maximizes energy and resource recovery; and establishing an affirmative 

procurement program for procurement of recovered materials identified in the 

EPA guidelines.

d. Suggested Language.

i. In the performance of this contract, the Contractor shall makemaximum 

use of products containing recovered materials that are EPA-designated 

items unless the product cannot be acquired—

1. Competitively within a timeframe providing forcompliance 

with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

ii. Information about this requirement, along with the list of EPAdesignated items, is available at EPA’s Comprehensive Procurement 

Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable 

requirements of Section 6002 of the Solid Waste DisposalAct.”
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RECOMMENDED CONTRACT PROVISIONS

The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity 

contracts. Although FEMA does not currently require additional provisions, FEMA recommends 

the following:

1. ACCESS TO RECORDS

a. Standard. All recipients, subrecipients, successors, transferees, and assignees 

must acknowledge and agree to comply with applicable provisions governing 

DHS access to records, accounts, documents, information, facilities, and staff. 

Recipients must give DHS/FEMA access to, and the right to examine and copy, 

records, accounts, and other documents and sources of information related to 

the federal financial assistance award and permit access to facilities, personnel, 

and other individuals and information as may be necessary, as required by DHS 

regulations and other applicable laws or program guidance. See DHS Standard 

Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the 

Disaster Recovery Reform Act of 2018 prohibits FEMA from providing 

reimbursement to any state, local, tribal, or territorial government, or private 

non-profit for activities made pursuant to a contract that purports to prohibit 

audits or internal reviews by the FEMA administrator or Comptroller General.

b. Suggested Language.

Access to Records. The following access to records requirements apply to this 

contract:

(1) The Contractor agrees to provide (insert name ofstate agency or 

local or Indian tribal government), (insert name of recipient), the 

FEMA Administrator, the Comptroller General of the United States, 

or any of their authorized representatives access to any books, 

documents, papers, and records of the Contractor which are directly 

pertinent to this contract for the purposes of making audits, 

examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to 

reproduce by any means whatsoever or to copy excerpts and 

transcriptions as reasonably needed.

(3) The Contractor agrees to provide the FEMA Administrator or
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his authorized representatives access to construction or other 

work sites pertaining to the work being completed under the 

contract.

(4) In compliance with the Disaster Recovery Act of 2018, the 

(write in name of the non-federal entity) and the Contractor 

acknowledge and agree that no language in this contract is 

intended to prohibit audits or internal reviews by the FEMA 

Administrator or the Comptroller General of the United States.

2. CHANGES

a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s 

FEMA grant or cooperative agreement, the cost of the change, modification, 

change order, or constructive change must be allowable, allocable, within the 

scope of its grant or cooperative agreement, and reasonable for the completion 

of project scope.

b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a 

changes clause in its contract that describes how, if at all, changes can be made 

by either party to alter the method, price, or schedule of the work without 

breaching the contract. The language of the clause may differ depending on the 

nature of the contract and the end-item procured.

3. DHS SEAL, LOGO, AND FLAGS

a. Standard. Recipients must obtain permission prior to using the DHS seal(s), 

logos, crests, or reproductions of flags or likenesses of DHS agency officials. See

DHS Standard Terms and Conditions: Version 8.1 (2018).

b. Applicability. FEMA recommends that all non-Federal entities place in their 

contracts a provision that a contractor shall not use the DHS seal(s), logos, 

crests, or reproductions of flags or likenesses of DHS agency officials without 

specific FEMA pre-approval.

c. Suggested Language.

“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of 

flags or likenesses of DHS agency officials without specific FEMA pre-approval.”
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4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVEORDERS

a. Standard. The recipient and its contractors are required to comply with all 

Federal laws, regulations, and executive orders.

b. Applicability. FEMA recommends that all non-Federal entities place into their 

contracts an acknowledgement that FEMA financial assistance will be used to 

fund the contract along with the requirement that the contractor will comply 

with all applicable Federal law, regulations, executive orders, and FEMA 

policies, procedures, anddirectives.

c. Suggested Language.

“This is an acknowledgement that FEMA financial assistance will be used to 

fund all or a portion of the contract. The contractor will comply with all 

applicable Federal law, regulations, executive orders, FEMA policies, 

procedures, and directives.”

5. NO OBLIGATION BY FEDERAL GOVERNMENT

a. Standard. FEMA is not a party to any transaction between the recipient and its 

contractor. FEMA is not subject to any obligations or liable to any party for any 

matter relating to the contract.

b. Applicability. FEMA recommends that the non-Federal entity include a provision 

in its contract that states that the Federal Government is not a party to the 

contract and is not subject to any obligations or liabilities to the non-Federal 

entity, contractor, or any other party pertaining to any matter resulting from 

the contract.

c. Suggested Language.

“The Federal Government is not a party to this contract and is not subject to 

any obligations or liabilities to the non-Federal entity, contractor, orany other 

party pertaining to any matter resulting from thecontract.”

6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATEDACTS

a. Standard. Recipients must comply with the requirements of The False Claims 

Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or
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fraudulent claims for payment to the federal government. See DHS Standard 

Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which 

details the administrative remedies for false claims and statements made. The 

non-Federal entity must include a provision in its contract that the contractor 

acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims 

and Statements) applies to its actions pertaining to thecontract.

b. Applicability. FEMA recommends that the non-Federal entity include a 

provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 

38 (Administrative Remedies for False Claims and Statements) applies to its 

actions pertaining to the contract.

c. Suggested Language.

“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative 

Remedies for False Claims and Statements) applies to the Contractor’s actions 

pertaining to this contract.”