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<br />ARTICLE 23. Contracts for Procurement <br /> <br />PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in <br />specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY for <br />the performance of any subcontracted activity. <br /> <br />Contracts for procurement shall be in writing and must contain the following provisions: <br /> <br />· Administrative, contractual, or legal remedies in instances where contractors violate or breach <br />contract terms, and provide for such sanctions and penalties as may be appropriate (contracts other <br />than small purchases). <br />· Termination for cause and for convenience by PERFORMING AGENCY including the manner by <br />which it will be effected and the basis for settlement (all contracts in excess of$10,000). <br />· Compliance with the Copeland "Anti-Kickback" Act (18 USC 9874) as supplemented in <br />Department of Labor regulations (29 CFR Part 3) (all contracts and subgrants for construction or <br />repair). <br />· Compliance with, 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC <br />99327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction <br />contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for <br />other contracts which involve the employment of mechanics or laborers). <br />· Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. <br />· Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service <br />marks, copyrights, and patent rights with respect to any discovery or invention which arises or is <br />developed in the course of or under such contract. <br />· RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data. <br />· Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the <br />United States, the State of Texas or any of their duly authorized representatives to any books, <br />documents, papers, and records of the contractor which are directly pertinent to that specific <br />contract for the purpose of making audit, examination, excerpts, and transcriptions. <br />· Retention of all required records for the required retention period after RECEIVING AGENCY <br />makes final payments and all other pending matters are closed. <br />· Compliance with all applicable standards, orders, or requirements issued undet: 306 of the Clean <br />Air Act (42 USC 91857(h)), 9508 of the Clean Water Act (33 USC 91368), Executive Order <br />11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, <br />subcontracts, and subgrants of amounts in excess of $1 00,000). <br />· Mandatory standards and policies relating to efficiency which are contained in the state energy <br />plan issued in compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC <br />996201, et seq., as amended. <br /> <br />ARTICLE 24. Reports <br /> <br />Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of <br />whether expenses have been incurred. <br /> <br />For each Attachment, PERFORMING AGENCY shall submit a Financial Status Report, State of Texas <br />Supplemental Form 269a (TDH Form GC-4a) within 30 days following the end of each of the first three quarters. <br />PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269a (TDH <br /> <br />(LaS) 2002 GENERAL PROVISIONS Page 16 04/01 <br />