• ROCK HILL SCHOOL DISTRICT THREE

    PURCHASE ORDER TERMS AND CONDITIONS

    BY ACCEPTANCE OF THIS ORDER SELLER AGREES WITH BUYER AS FOLLOWS:

    1. This order may be accepted only upon the terms and conditions set forth herein. If this purchase order is based upon a written Invitation for Bid or Request for Proposal, terms contained in those documents shall, if in conflict, supersede those contained herein. When so accepted, this order contains the complete and final agreement between the buyer and seller respecting the goods and services specified. Any additional or different terms proposed by the seller are hereby rejected unless accepted in writing by Rock Hill School District Three. All purchase orders must be signed to be valid.
    1. The seller, by acceptance of this order, will be deemed to represent that seller has complied, or will comply, with all applicable federal, state and local laws and ordinances and all lawful orders, rules, and regulations thereunder.
    2. Seller warrants that the prices stated therein or on his invoice are as low as any net prices now given by seller to any other customer for like goods and services, and seller agrees that if at any time during the life of this order he quotes or sells at lower net prices, similar goods or services under similar conditions, such lower prices shall, from that time, be substituted for the prices provided herein.
    3. All shipments are to be made F.O.B. destination, freight prepaid, to the “ship to” address, unless otherwise indicated on this form. All transportation, insurance, crating and/or packing charges are to be entered as separate items on sellers invoice. The Purchase Order number must appear on all packing lists, invoices and correspondence.
    4. Payment will be made in accordance with Rock Hill School District Three policies. All cash discounts offered will be evaluated but will not be considered in the award of a contract.
    5. Subject to conditions beyond the control of the seller, delivery or completion must actually be affected within the time stated on the purchase order. If for any reason whatsoever, including conditions beyond the control of the seller, completion is not timely; the buyer reserves the right to obtain the goods or services elsewhere and to charge the seller with any loss incurred as a result thereof or, at his option, to cancel the order. It is understood that time is of the essence under this agreement. Complete shipments are preferred; however partial shipments may be acceptable and payable. Final payment will not be made until order is filled in its entirety or until unfilled items are cancelled. Whenever the seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this order, seller shall so inform buyer.
    6. Any materials shipped in excess of the quantity specified in the order may, at District’s option, be returned to seller at seller’s expense. Buyer will not be obligated to pay for services or labor provided in excess of that specified in the order.
    7. All goods purchased hereunder shall be subject to inspection by the buyer to the extent practicable at all times and places, including the period of manufacture. Notwithstanding any prior inspection or payments hereunder, items shall also be subject to final inspection prior to acceptance within a reasonable time after delivery. No inspection or test made prior to the final inspection shall relieve the seller from responsibility for defects or other failure to meet the requirements of this order.
    8. Seller warrants that all items delivered hereunder shall be free from defects in workmanship, material, and manufacture and shall comply with the requirements of this agreement including any drawings or specifications incorporated in design. Seller further warrants that all items purchased hereunder shall be of merchantable quality and shall be fit and suitable for the purpose intended. The foregoing warrants are conditions to this agreement and are in addition to all other warranties, expressed or implied, and shall survive any delivery, inspection, acceptance or payment by the buyer. If any warranties specified herein or otherwise, applicable are breached by the seller, buyer may elect: (1) require the seller to correct at seller’s sole expense any defect or nonconformance by repair or replacement, or (2) return any defective or nonconforming goods to seller at the sellers expense and recover from the seller the price thereof. The foregoing remedies are in addition to all other remedies at law or as contained in this agreement and shall not be deemed to be exclusive. The foregoing representation and warranties shall survive acceptance of the goods or services.
    9. The manufacturer guarantees that the design of equipment being purchased conforms to NFPA, UL, ANSI, OSHA and any other existing safety standards in effect at the time of shipment.
    10. Provisions of the Rock Hill School District Three Procurement Code have been complied with in issuing this order. This order shall be governed in all respects by the laws of the State of South Carolina. Jurisdiction of any dispute regarding the terms and conditions of this order shall be vested in the courts of York County, State of South Carolina. This order shall not be modified except by written agreement of buyer and seller.
    11. This purchase order is not assignable by the seller without the prior written consent of the buyer.
    12. In the event that this order is terminated in whole or in part for the convenience of Rock Hill School District Three, it shall not be obligated to pay any amount to the seller or any party for damages.
    13. The failure of the buyer to enforce at any time any of the provisions of this agreement shall in no way be construed as a waiver of such provision nor in any way affect the right of the buyer thereafter to enforce each and every provision of the agreement.
    14. Rock Hill School District Three is an affirmative action/equal opportunity employer and does not discriminate on the base of race, color, religion, sex, national origin, age, handicap or veteran status. The seller will take affirmative action in complying with all federal and state requirements concerning fair employment of the handicapped, and concerning the treatment of all employees and applicants for employment without discrimination by reason of race, color, religion, sex, national origin, age, handicap or veteran status.
    15. Any seller or any of its subcontractors who violate federal, state, local, or Rock Hill School District Three policies for safety, health, or environment will be required to correct the violation to the extent permitted by applicable law.
    16. Seller agrees to comply with the requirements of state and federal drug free workplace requirements, District Three’s tobacco-free policy, and the provision of Chapter 13, Title 8 (State Ethics Act), South Carolina Code of Laws, 1976.
    1. Iran Divestment Act:  (a) The Iran Divestment Act List is a list published by the Board pursuant to Section 11-57-310 that identifies persons engaged in investment activities in Iran.  Currently the list is available at the following URL:  (.)  Section 11-57310 requires the government to provide a person ninety days written notice before he is included on the list.  The following representation, which is required by Section 11-57-330A is a material inducement for the District to award a contract to you.  (b) By signing your offer, you certify that, as of the date you sign, you are not on the then current version of the Iran Divestment Act List.  (c) You must notify the Procurement Officer immediately if, at any time before posting of a final statement of award, you are added to the Iran Divestment Act List.
    1. Suspension and Debarment: By submitting a proposal (IFB/RFQ), the applicant certifies, to the best of its knowledge and belief that the applicant and/or any of its principals, sub grantees, or subcontractors are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above. Applicant has not, within a three –year period preceding this application, had one or more contracts terminated for default by any public (federal, state, or local) entity.
    2. Unless otherwise waived by Rock Hill School District Three, at Contractor’s sole expense, Contractor shall procure and maintain the following minimum insurances with insurers licensed in South Carolina and rated A-VII or better by A.M. Best.
      1. Statutory Workers’ compensation and Employer’s Liability Insurance in an amount not less than ($500,000).
      2. Commercial General Liability insurance with limits of liability not less than one million dollars ($1,000,000) per occurrence, Rock Hill School District Three, its officers, employees, and agents shall be named as an additional insured with respects to the General Liability Insurance policy, and such status as additional insured shall be evidenced by a written endorsement to the policy provided to owner.
      3. Commercial Automobile Liability insurance for all owned, non-owned and hired vehicles with limits of liability not less than one million ($1,000,000) combined single limit.
    3. Prior to commencing work, contractor shall provide certificates of insurance to Rock Hill School District Three for each such policy required in subparagraphs (A) through (C). The Certificate Holder shall be listed as Rock Hill School District Three, Risk Management, 660 N. Anderson Road, Rock Hill, SC 29731. In the event contractor receives notice of cancellation of insurance required pursuant to this agreement, contractor shall immediately cease performance of all services and shall provide notice to Rock Hill within twenty-four (24) hours. Contractor shall have no right of recovery or subrogation against Rock Hill School District Three (including its officers, agents and employees). If contractor assigns or subcontracts any of its rights or duties hereunder, contractor shall ensure that the assignee or subcontractor satisfies all requirements of this agreement, including, but not limited to, maintenance of the required insurance coverage and provision of certificate(s) of insurance and required endorsements in proper form prior to commencement of services.
    4. Contractor agrees to protect, defend, indemnify and hold Rock Hill School District Three, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due, whether in whole or in part, to the negligence of the contractor, its officers, employees, subcontractors or agents. Contractor further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto.
    5. Rock Hill School District Three is NOT RESPONSIBLE FOR WORKERS' COMPENSATION. No workers compensation insurance shall be obtained by Rock Hill concerning Contractor, employees of Contractor, or sub-contractors of the Contractor.

     

     

    FEDERAL TERMS AND CONDITIONS (applicable to all federal procurements)

     

    1.      Remedies

    Contracts for more than the simplified acquisition threshold, currently set at $10,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract and provide for such sanctions and penalties as appropriate.

     

    2.      Termination for Cause and Convenience

    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.

    Termination for convenience.  In the event this contract is terminated or canceled upon request and for the convenience of the District, the District shall negotiate reasonable termination costs, if applicable.

    Termination for Cause.  Termination by the District for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision.  Termination cost, if any, shall not apply.  The thirty (30) day advance notice requirement is waived and the default provisions of this bid shall apply.

     

    3.      Equal Employment Opportunity

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

         A.      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 to ensure 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 employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

         B.      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.

         C.      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.

         D.     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.

         E.      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.

         F.       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 his books, 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.

         G.     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 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.

         H.     The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) 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 agency may 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 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.      Compliance with 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 29 C.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.      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 or lower tier subcontractor with all of these contract clauses. 

         C.      Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

     

    6.      Compliance with the Contract Work Hours and Safety Standards Act 

         A.      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.

         B.      Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) 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 (A) of this section, in the sum of $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 (A) of this section.

         C.      Withholding for unpaid wages and liquidated damages. Rock Hill School District 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) of this section. 

    D.     Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (A through D) of this section 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 (A through D) of this section.

     

    7.      Clean Air Act and Federal Water Pollution Control Act

         A.      Clean Air Act

                   i.      The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, amended, 42 U.S.C. § 7401 et seq. 

                  ii.       The contractor agrees to report each violation to Rock Hill School District and understands and agrees that the Contractor will, in turn, report each violation as required to assure notification to the appropriate Environmental Protection Agency Regional Office. 

                 iii.       The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 

         B.      Federal Water Pollution Control Act

                  i.      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 et seq. 

                 ii.      The contractor agrees to report each violation to Rock Hill School District and understands and agrees that the Contractor will, in turn, report each violation as required to assure notification to the appropriate Environmental Protection Agency Regional Office. 

                iii.      The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

     

    8.       Debarment and Suspension

         A.      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). 

         B.      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 enters into. 

         C.      This certification is a material representation of fact relied upon by Rock Hill School District. 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 Rock Hill School District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 

         D.     The Proposer 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 Proposer or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

     

    9.      Procurement of Recovered Materials

         A.      In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

           a.      Competitively within a timeframe providing for compliance with the contract performance schedule

           b.      Meeting contract performance requirements

           c.       At a reasonable price. 

         B.      Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program

         C.      The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 

    10.  Access to Records 

    The following access to records requirements apply to this contract: 

         A.      The Contractor agrees to provide Rock Hill School District, the Comptroller General of the United States, or any of their authorized representative’s 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. 

         B.      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.

         C.      The Contractor agrees to provide Rock Hill School District or their authorized representative’s access to construction or other work sites pertaining to the work being completed under the contract. 

         D.     In compliance with the Disaster Recovery Act of 2018, Rock Hill School District and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Comptroller General of the United States.

     

    11.  Changes

    To be eligible for FEMA assistance under the non- Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modifications, 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.

     

    12.  DHS Seal, Logo, and Flags

    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.

     

    13.  Compliance with Federal Law, Regulations and Executive Orders

    This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.  The contractor will comply all applicable Federal law, regulations, executive orders, FEMA policies, procedures and directives.

     

    14.  No Obligation by Federal Government

    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, or any other party pertaining to any matter resulting from the contract.

     

    15.  Program Fraud and False or Fraudulent Statements or Related Acts 

    The Contractor acknowledges that 31may U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. 

     

    16.  Rights to Intervention Made Under a Contract or Agreement 

    Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient 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 recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.   

     

    17.  Domestic Preference for Procurements

          A.      As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.   

         B.      For purposes of this section:

          a.      “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

          b.      “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

     

    18.  Prohibition of Certain Communications and Video Surveillance Services or Equipment

         A.      Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:

          a.      Procure or obtain;

          b.      Extend or renew a contract to procure or obtain; or

          c.       Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

                    i.      For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

                    ii.      Telecommunications or video surveillance services provided by such entities or using such equipment.

                   iii.      Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

         B.      In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

     

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

    Contractors who apply or Proposal 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.