Written Contracts Required
In order to put a contractor or consultant under contract as part of a CLG grant, the project coordinator must draft a contract that meets both the local law director’s local requirements and contains the sections mandated by the National Park Service.
The draft contract must be sent to the OHPO for review, allowing 2 weeks review time. When executed, a copy of the signed contract must be submitted to the OHPO as part of the project’s first administrative report.
Required Contract Provisions
The following provisions must be included in contracts for project work:
- Access by the SHPO, grantee, National Park Service, the Comptroller General of the United States, 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 audits, examinations, excerpts, and transcriptions.
- Retention of all required records for three years after grantee or subgrantees make final payments and all other pending matters are closed. If an audit, litigation, or other action involving the records is started before the end of the 3-year period, the records must be retained until all issues arising out of the action are resolved or until the end of the 3-year period, whichever is later.
- Reference to the administrative requirements of OMB Circulars A-87 and A-102 particularly attachments O and P of A-102.
- Prohibition against lobbying with federal or matching funds.
- Prohibition against using CLG or matching funds for food/beverage expenses, or fundraising activities.
- Copyright – The subgrantee or contractor may copyright writings, technical reports, publications or other copyrighted materials developed under the CLG financed project. The provision needs to recognize that the materials will be subject to a royalty-free, nonexclusive and irrevocable license to the federal government to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes.
- All contracts awarded in excess of $10,000 must contain a provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 C.F.R. Part 60.
- For contracts over $25,000, provision for termination by the grantee, including the manner by which it will be effected and the basis for settlement. In addition, conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.
- All construction or repair projects, contract provisions for Copeland "Anti-Kickback" Act.
Should Community Development Block Grants be used as part of the matching share for a CLG development grant, Davis-Bacon Act
and its terms would apply and would have to be incorporated into the contract.
These NPS required provisions are in addition to basic language for the clear description of the work to be performed, how, and by whom; definite beginning and end dates with specific due dates for proejct work; specification of final product(s) to be produced and reference to applicable Secretary of the Interior's Standards with which work must comply; specific amount to be paid and payment plan which states the basis on which payments will be made; amendment requirements and procedures; and conditions for administrative, contractual or legal remedies when contractor violates contract, and provision for appropriate sanctions and/or penalties. Model Contracts
Print out the sub-contract checklist
and use it to make sure all required provisions are included in your construction or non-construction contract.