Res 1984-049 - Laserfiche WebLink

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(b) If this is a formally advertised, competitively awarded, fi~ed price subag.reement, the contractor agrees to make paragraphs (a) through (g) of this clause applicabJ~ to all negotiated change orders and subagreement amendments affecting the subagreement price. In the case of all other types of prime subagreements, the contractor agrees to make paragraphs (a) through (g) applicable to all subagreements he awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause appìicable to all change orders directly related to project performance. (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with e~ablished procedures and guidelines of the reviewing or audit agency(ies). (d) The contractor agrees to disclose all information and reports resulting from access to records under paragrapns (a) and (b) of this clause, to any of the agencies referred to in paragraph (a). (e) Records under paragraphs (a) and (b) above shall be maintained by the contractor during performance on EPA ass.isted work under this subagreement and for the time periods specified in 40 CFR Part 30. In addition, those records which relate to any controversy arising under an EPA as,sistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR Part 30. (f) Access to record~ is not limited to the required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained. (g) This right of access clause applies to financial records pertaining to all subagreements (except formally advertised, cOO1petitively awarded, fixed price subagreements) and all subagreement change orders regardless of the type of subagreement, and all subagreement amendments regardless of the type of subagreement. In addition this right of access applies to all records pertaining to all subagreements, subagre.ement change orders and subagreement amendments: (1) To the extent the records pertain directly to subagreement performance; (2) If there is any indiçation that fraud, gross abuse or corrupt practices may be involved; or (3) If t~e subagreement is terminated for default or for convenience. 10. CONVENANT AGAINST CONTINGENT FEES The contractor. assures that no person or selling agency has been employed or retained to soltct or ~ecure this subagreement upon an agreement or understanding for a commission. percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this assurance, the recipient shall have the right to annul this agreement witMUt liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of s.uch commission, percentage, brokerage or contingent fee. 11. GRATUITIES (a) If the recipient finds after a notice and hearing that the contractor or any of the contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise), to any official, employee or agent of the recipient, the S'tate or EPA in an attempt to secure' a subagreement or favorable treatment in awarding, amending or making any determinations related to the performance of this subagreement, the recipi~nt may, by written notice to the cüntractor, terminate this subagreement; The recipient may also pursue ot-her rights and remedies that the law or this subagreement provides. However, the existence of the facts on which the recipient bases such findings shall be in issue and may be reviewed in prm:eedjngs under the Remedies clause of thi s agreement. (b) In the event this subagreement is terminated as provided in paragraph (a), the recipient may pursue the. same remedies against the contractor as it could pursue in the event of a breach of the subagreement by the contrßctor, and as a penalty, in addition to any oth€r damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not less than three nor more than ten times the costs the contractor incurs in provi di ng any such ~ratui ties to any such offi cer or emp 1 oyee. 12. BUY AMERICAN Th i s clause app 1 i es on 1 y to cons truct ion subagreements awa rd under 40 CFR Part 35, Subparts E and I. In accordancs with section 215 of the Clean Water Act (33 USC 1251 et. seq.) and implementing EPA regulations, the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors. materia1men and supp)jers in the performance of this subagreement: 13. RESPONSIBILITY OF THE CONTRACTOR (a) The following clause applies only to subagreements for services.