1、489 Office of the Secretary, HUD Pt. 85 this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Sec-retary of Labor. In addition, contractors shall be required to pay wages not less than on
2、ce a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall re-port all suspected or reported violat
3、ions to HUD. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)Where appli-cable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that in-volve the employment of mechanics or labor-ers shall include
4、 a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327333), as supplemented by Depart-ment of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each con-tractor shall be required to compute the wages of every mechanic a
5、nd laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is com-pensated at a rate of not less than 112 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is
6、 applicable to construction work and provides that no laborer or me-chanic shall be required to work in sur-roundings or under working conditions which are unsanitary, hazardous or dan-gerous. These requirements do not apply to the purchases of supplies or materials or ar-ticles ordinarily available
7、 on the open mar-ket, or contracts for transportation or trans-mission of intelligence. 5. Rights to Inventions Made Under a Con-tract or AgreementContracts or agreements for the performance of experimental, devel-opmental, or research work shall provide for the rights of the Federal Government and
8、the recipient in any resulting invention in accordance with 37 CFR part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern-ment Grants, Contracts and Cooperative Agreements, and any implementing regula-tions issued by HUD. 6. Clean Air Act (42 U.S.C. 7401
9、 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amendedContracts and subgrants of amounts in excess of $100,000 shall contain a provision that re-quires the recipient to agree to comply with all applicable standards, orders or regula-tions issued pursuant to the Cl
10、ean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environ-mental Protection Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)Contractors who apply or bi
11、d for an award of $100,000 or more shall file the re-quired 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 at-tempting to influence an officer or employee of any agency, a member o
12、f Congress, officer or employee of Congress, or an employee of a member of Congress in connection with ob-taining 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 con-nection with obtaining
13、 any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 59 FR 47011, Sept. 13, 1994, as amended at 72 FR 73493, Dec. 27, 2007 PART 85ADMINISTRATIVE RE-QUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE, LOCAL AND FEDERALLY RECOGNIZED INDIAN TRIBAL GOVERNMENTS
14、 Subpart AGeneral Sec. 85.1 Purpose and scope of this part. 85.2 Scope of subpart. 85.3 Definitions. 85.4 Applicability. 85.5 Effect on other issuances. 85.6 Additions and exceptions. Subpart BPre-Award Requirements 85.10 Forms for applying for grants. 85.11 State plans. 85.12 Special grant or subgr
15、ant conditions for high-risk grantees. Subpart CPost-Award Requirements FINANCIAL ADMINISTRATION 85.20 Standards for financial management systems. 85.21 Payment. 85.22 Allowable costs. 85.23 Period of availability of funds. 85.24 Matching or cost sharing. 85.25 Program income. 85.26 Non-Federal audi
16、t. CHANGES, PROPERTY, AND SUBAWARDS 85.30 Changes. 85.31 Real property. 85.32 Equipment. 85.33 Supplies. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networ
17、king permitted without license from IHS-,-,-490 24 CFR Subtitle A (4111 Edition) 85.1 85.34 Copyrights. 85.35 Subawards to debarred and suspended parties. 85.36 Procurement. 85.37 Subgrants. REPORTS, RECORDS, RETENTION, AND ENFORCEMENT 85.40 Monitoring and reporting program performance. 85.41 Financ
18、ial reporting. 85.42 Retention and access requirements for records. 85.43 Enforcement. 85.44 Termination for convenience. Subpart DAfter-the-Grant Requirements 85.50 Closeout. 85.51 Later disallowances and adjustments. 85.52 Collection of amounts due. Subpart EEntitlement Reserved AUTHORITY: 42 U.S.
19、C. 3535(d). SOURCE: 53 FR 8068, 8087, Mar. 11, 1988, un-less otherwise noted. Subpart AGeneral 85.1 Purpose and scope of this part. This part establishes uniform admin-istrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian tribal gov-ernments. 85.2 Sco
20、pe of subpart. This subpart contains general rules pertaining to this part and procedures for control of exceptions from this part. 85.3 Definitions. As used in this part: Accrued expenditures mean the charges incurred by the grantee during a given period requiring the provision of funds for: (1) Go
21、ods and other tan-gible property received; (2) services performed by employees, contractors, subgrantees, subcontractors, and other payees; and (3) other amounts becom-ing owed under programs for which no current services or performance is re-quired, such as annuities, insurance claims, and other be
22、nefit payments. Accrued income means the sum of: (1) Earnings during a given period from services performed by the grantee and goods and other tangible property de-livered to purchasers, and (2) amounts becoming owed to the grantee for which no current services or perform-ance is required by the gra
23、ntee. Acquisition cost of an item of pur-chased equipment means the net in-voice unit price of the property includ-ing the cost of modifications, attach-ments, accessories, or auxiliary appa-ratus necessary to make the property usable for the purpose for which it was acquired. Other charges such as
24、the cost of installation, transportation, taxes, duty or protective in-transit in-surance, shall be included or excluded from the unit acquisition cost in ac-cordance with the grantees regular ac-counting practices. Administrative requirements mean those matters common to grants in general, such as
25、financial management, kinds and frequency of reports, and re-tention of records. These are distin-guished from programmatic require-ments, which concern matters that can be treated only on a program-by-pro-gram or grant-by-grant basis, such as kinds of activities that can be sup-ported by grants und
26、er a particular program. Awarding agency means (1) with re-spect to a grant, the Federal agency, and (2) with respect to a subgrant, the party that awarded the subgrant. Cash contributions means the grant-ees cash outlay, including the outlay of money contributed to the grantee or subgrantee by othe
27、r public agencies and institutions, and private organiza-tions and individuals. When authorized by Federal legislation, Federal funds received from other assistance agree-ments may be considered as grantee or subgrantee cash contributions. Contract means (except as used in the definitions for grant
28、and subgrant in this section and except where qualified by Federal) a procurement contract under a grant or subgrant, and means a procurement subcontract under a con-tract. Cost sharing or matching means the value of the third party in-kind con-tributions and the portion of the costs of a federally
29、assisted project or pro-gram not borne by the Federal Govern-ment. Cost-type contract means a contract or subcontract under a grant in which the VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IH
30、SNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-491 Office of the Secretary, HUD 85.3 contractor or subcontractor is paid on the basis of the costs it incurs, with or without a fee. Equipment means tangible, non-expendable, personal property having a useful life o
31、f more than one year and an acquisition cost of $5,000 or more per unit. A grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above. Expenditure report means the Federal financial report (FFR) or such other fi-nancial reporting
32、form as may be ap-proved by the Office of Management and Budget. Federally recognized Indian tribal gov-ernment means the governing body or a governmental agency of any Indian tribe, band, nation, or other organized group or community (including any Native village as defined in section 3 of the Alas
33、ka Native Claims Settlement Act, 85 Stat 688) certified by the Sec-retary of the Interior as eligible for the special programs and services provided by him through the Bureau of Indian Affairs. Government means a State or local government or a federally recognized Indian tribal government. Grant mea
34、ns an award of financial as-sistance, including cooperative agree-ments, in the form of money, or prop-erty in lieu of money, by the Federal Government to an eligible grantee. The term does not include technical assist-ance which provides services instead of money, or other assistance in the form of
35、 revenue sharing, loans, loan guaran-tees, interest subsidies, insurance, or direct appropriations. Also, the term does not include assistance, such as a fellowship or other lump sum award, which the grantee is not required to ac-count for. Grantee means the government to which a grant is awarded an
36、d which is accountable for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Local government means a county, municipality, city, town, township, local public authority (including any pub
37、lic and Indian housing agency under the United States Housing Act of 1937) school district, special district, intrastate district, council of govern-ments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or in
38、strumentality of a local government. Obligations means the amounts of or-ders placed, contracts and subgrants awarded, goods and services received, and similar transactions during a given period that will require payment by the grantee during the same or a future period. OMB means the United States
39、Office of Management and Budget. Outlays (expenditures) mean charges made to the project or program. They may be reported on a cash or accrual basis. For reports prepared on a cash basis, outlays are the sum of actual cash disbursement for direct charges for goods and services, the amount of indirec
40、t expense incurred, the value of in-kind contributions applied, and the amount of cash advances and payments made to contractors and subgrantees. For reports prepared on an accrued ex-penditure basis, outlays are the sum of actual cash disbursements, the amount of indirect expense incurred, the valu
41、e of inkind contributions applied, and the new increase (or decrease) in the amounts owed by the grantee for goods and other property received, for serv-ices performed by employees, contrac-tors, subgrantees, subcontractors, and other payees, and other amounts be-coming owed under programs for which
42、 no current services or performance are required, such as annuities, insurance claims, and other benefit payments. Percentage of completion method refers to a system under which payments are made for construction work according to the percentage of completion of the work, rather than to the grantees
43、 cost incurred. Prior approval means documentation evidencing consent prior to incurring specific cost. Real property means land, including land improvements, structures and ap-purtenances thereto, excluding mov-able machinery and equipment. Share, when referring to the awarding agencys portion of r
44、eal property, equipment or supplies, means the same percentage as the awarding agencys portion of the acquiring partys total VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo re
45、production or networking permitted without license from IHS-,-,-492 24 CFR Subtitle A (4111 Edition) 85.4 costs under the grant to which the ac-quisition costs under the grant to which the acquisition cost of the prop-erty was charged. Only costs are to be countednot the value of third-party in-kind
46、 contributions. State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puer-to Rico, any territory or possession of the United States, or any agency or in-strumentality of a State exclusive of local governments. The term does not include any public
47、and Indian housing agency under United States Housing Act of 1937. Subgrant means an award of financial assistance in the form of money, or property in lieu of money, made under a grant by a grantee to an eligible sub-grantee. The term includes financial assistance when provided by contrac-tual lega
48、l agreement, but does not in-clude procurement purchases, nor does it include any form of assistance which is excluded from the definition of grant in this part. Subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use o
49、f the funds provided. Supplies means all tangible personal property other than equipment as de-fined in this part. Suspension means, depending on the context, either temporary withdrawal of the authority to obligate grant funds pending corrective action by the grantee or subgrantee or a decision to terminate the grant, or an action taken by a suspending official in ac-cordance with 2 CFR part 2424, to im-mediately exclude a person from par-ticipating in g
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