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<br />· An adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit <br />repor}s and the resolution of any findings and questioned costs cited by these reports; and, that <br />· RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation <br />of contract funds by subrecipients. <br /> <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 contain the following provisions: <br /> <br />· Administrative, contractual, or legal remedies in instances where contractors violate or breach contract <br />terms, and provide for such sanctions and penalties as may be appropriate (contracts other than small <br />purchases). <br />· Termination for cause and for convenience by PERFORMING AGENCY including the manner by which it <br />will be effected and the basis for settlement (all contracts in excess of$IO,OOO). <br />· Compliance with the Copeland "Anti-Kickback" Act (18 USC ~874) as supplemented in Department of <br />Labor regulations (29 CFR Part 3) (all contracts and subgrants for construction or repair). <br />· Compliance with. 99103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 99327- <br />330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction contracts <br />awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which <br />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 marks, <br />copyrights, and patent rights with respect to any discovery or invention which arises or is developed in the <br />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 United <br />States, the State of Texas or any oftheir duly authorized representatives to any books, documents, papers, <br />and records of the contractor which are directly pertinent to that specific contract for the purpose of making <br />audit, examination, excerpts, and transcriptions. <br />· Retention of all required records for the required retention period after RECEIVING AGENCY makes final <br />payments and all other pending matters are closed. <br />· Compliance with all applicable standards, orders, or requirements issued under: 9306 ofthe Clean Air Act <br />(42 USC 97401), 9508 of the Clean Water Act (33 USC 91368), Executive Order 11738, and <br />Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of <br />amounts in excess of $1 00,000). <br />· Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued <br />in compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC ~~6201, et seq., as <br />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 />(LGS) <br /> <br />GENERAL PROVISIONS Page 16 <br /> <br />11/2001 <br />