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· An adequate tracking system is maintained to ensure ti~nely receipt of any subrecipient's required audit repo~$ and the resolution of any findings and questioned costs cited by these reports; and; that · RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation of contract funds by subrecipients. ARTICLE 23. Contracts for Procurement PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY for the performance of any subcontracted activity. Contracts for procurement shall be in writing and contain the following provisions: · Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (contracts other than small purchases). · Termination for cause and for convenience by PERFORMING AGENCY including the manner by which it will be effected and the basis for settlement (all contracts in excess of $10,000). · Compliance with the Copeland "Anti-Kickback" Act (18 USC {}874) as supplemented in Department of Labor regulations (29 CFR Part 3) (all contracts and subgrants for construction or repair). · Compliance with. {}{}103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC {}{}327- 330) as supplemented by Department of Labor regulations (29 CFR' Part 5) (construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). · Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting. · Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service marks, copyrights, and patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. · RECEIVING AGENCY requirements and regulations pertaining to copyrights and rights in data. · Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United States, the State of Texas or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. · Retention of all required records for the required retention period after RECEIVING AGENCY makes final payments and all other pending matters are closed. · Compliance with all applicable standards, orders, or requirements issued under. §306 of the Clean Air Act (42 USC §7401), {}508 of the Clean Water Act (33 USC §1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000). · Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued in compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC {} {}6201, et seq., as amended. ARTICLE 24. Reports Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of whether expenses have been incurred. (LGS) GENERAL PROVISIONS Page 16 11/2001