{"requirements":[{"id":"REQ-SCOPE-01","actor":"Guide (FEMA Procurement Under Grants Division)","modality":"condition","statement":"This edition (Version 2, effective October 1, 2024) applies only to FEMA awards made or disasters declared on or after October 1, 2024.","source_pages":[1,3],"quote":"This document applies to all FEMA awards made or disasters declared on or after October 1, 2024"},{"id":"REQ-SCOPE-02","actor":"Recipient or subrecipient","modality":"condition","statement":"The federal award date or the disaster declaration date determines which federal procurement standards and required contract provisions apply.","source_pages":[3],"quote":"this date determines the applicable federal procurement standards including the required contract provisions in 2 C.F.R. Part 200"},{"id":"REQ-SCOPE-03","actor":"Recipient or subrecipient","modality":"condition","statement":"For awards made or disasters declared between November 12, 2020 and September 30, 2024, the June 2021 Guide applies instead of this edition.","source_pages":[3],"quote":"For FEMA awards made or disasters declared between November 12, 2020, through September 30, 2024, please refer to the Contract Provisions Guide dated June 2021"},{"id":"REQ-SCOPE-04","actor":"Guide","modality":"definition","statement":"Applicability of the provisions depends on circumstances such as the type of work being procured, the dollar amount, and the procurement date.","source_pages":[4],"quote":"Many of the provisions described in this document only apply when certain circumstances are present, such as the type of work being procured, the dollar amount, or the date when it is procured."},{"id":"REQ-SCOPE-05","actor":"Guide","modality":"definition","statement":"The Guide does not provide contract provisions required by state, tribal, or local law. Outputs therefore express no opinion on non-federal duties.","source_pages":[4],"quote":"Contract provisions required by applicable state, tribal, or local laws or rules separate from the federal procurement standards."},{"id":"REQ-SCOPE-06","actor":"Recipient or subrecipient","modality":"obligation","statement":"The recipient or subrecipient is solely responsible for ensuring that its contract language meets 2 C.F.R. Part 200 requirements.","source_pages":[4],"quote":"The recipient or subrecipient is solely responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. Part 200"},{"id":"REQ-DEF-01","actor":"Guide","modality":"definition","statement":"A contract is a legal instrument by which a FEMA award recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award.","source_pages":[43],"quote":"A legal instrument by which a FEMA award recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award"},{"id":"REQ-DEF-02","actor":"Guide","modality":"definition","statement":"Construction work is defined by reference to 41 C.F.R. § 60-1.3. It includes construction, rehabilitation, alteration, conversion, extension, demolition, or repair of buildings, highways, or other improvements to real property.","source_pages":[9],"quote":"The regulation at 41 C.F.R. § 60-1.3 defines construction work as"},{"id":"REQ-TERM-01","actor":"Recipient or subrecipient","modality":"obligation","statement":"Contracts must address termination for cause and for convenience by the recipient or subrecipient, including how termination will be carried out and the basis for settlement.","source_pages":[8],"quote":"Contracts must address termination for cause and for convenience by the recipient or subrecipient, including the manner by which it will be carried out and the basis for settlement"},{"id":"REQ-TERM-02","actor":"Recipient or subrecipient","modality":"condition","statement":"The termination provision is required for contracts and purchase orders that exceed $10,000.","source_pages":[9],"quote":"This contract provision is required for contracts and purchase orders exceeding $10,000."},{"id":"REQ-TERM-03","actor":"FEMA","modality":"permission","statement":"For contracts at or below $10,000, FEMA suggests a termination for cause provision, but it is not required.","source_pages":[9],"quote":"For contracts at or below $10,000, FEMA suggests including a termination for cause provision, but this is not required."},{"id":"REQ-TERM-04","actor":"FEMA","modality":"unspecified","statement":"FEMA recommends that termination clauses be actionable and specific. This is a recommendation, not an applicability condition.","source_pages":[9],"quote":"FEMA recommends that termination clauses be actionable and specific."},{"id":"REQ-DB-01","actor":"Recipient or subrecipient","modality":"obligation","statement":"When the federal program legislation requires it, every prime construction contract over $2,000 must include a Davis-Bacon Act compliance provision.","source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"id":"REQ-DB-02","actor":"Guide","modality":"condition","statement":"The Davis-Bacon Act does not apply to all FEMA financial assistance programs.","source_pages":[12],"quote":"The Davis-Bacon Act does not apply to all FEMA financial assistance programs."},{"id":"REQ-DB-03","actor":"Recipient or subrecipient","modality":"unspecified","statement":"To determine whether the Davis-Bacon provision is required for a procurement, recipients should consult the NOFO or other program guidance, or contact the FEMA grant representative.","source_pages":[12],"quote":"Recipients and subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement."},{"id":"REQ-DB-04","actor":"Guide","modality":"condition","statement":"Exception: the Davis-Bacon clause is not federally required for procurements under FEMA Public Assistance (PA) or Hazard Mitigation Assistance (HMA) programs. This exception takes precedence over the general rule.","source_pages":[12],"quote":"However, the Davis-Bacon Act clause is not federally required for procurements under FEMA’s Public Assistance (PA) or Hazard Mitigation Assistance (HMA) Programs."},{"id":"REQ-DB-05","actor":"Recipient or subrecipient","modality":"obligation","statement":"If Davis-Bacon applies, contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted.","source_pages":[13],"quote":"Contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted."},{"id":"REQ-DB-06","actor":"Recipient or subrecipient","modality":"obligation","statement":"If Davis-Bacon applies, the provisions at 29 C.F.R. § 5.5(a)(1)-(11) must be included in full in all applicable contracts.","source_pages":[13],"quote":"the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(a)(1)-(11) in full into all applicable contracts"},{"id":"REQ-DB-07","actor":"Recipient or subrecipient","modality":"obligation","statement":"Contracts subject to the Davis-Bacon Act must also include a Copeland Anti-Kickback Act compliance provision.","source_pages":[13],"quote":"Contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland"},{"id":"REQ-CW-01","actor":"Contractor","modality":"obligation","statement":"Each contractor must base wages for every mechanic and laborer on a standard 40-hour work week.","source_pages":[15],"quote":"Under 40 U.S.C. § 3702, each contractor must base wages for every mechanic and laborer on a standard 40-hour work week."},{"id":"REQ-CW-02","actor":"Recipient or subrecipient","modality":"condition","statement":"The work-hours and safety provision applies to procurements over $100,000 that involve the employment of mechanics or laborers and construction work.","source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"},{"id":"REQ-CW-03","actor":"Guide","modality":"condition","statement":"Exception: the requirements do not apply to purchases of supplies, materials, or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.","source_pages":[15],"quote":"These requirements do not apply to the purchase of supplies, materials, or articles ordinarily available on the open market, contracts for transportation or transmission of intelligence"},{"id":"REQ-CW-04","actor":"Recipient or subrecipient","modality":"obligation","statement":"If applicable, the provisions at 29 C.F.R. § 5.5(b)(1)-(5) must be included verbatim in all applicable contracts.","source_pages":[16],"quote":"If applicable per the standard described above, the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(b)(1)-(5), verbatim, into all applicable contracts"},{"id":"REQ-CW-05","actor":"Recipient or subrecipient","modality":"obligation","statement":"For contracts subject only to the Contract Work Hours and Safety Standards Act, a clause meeting 29 C.F.R. § 5.5(c) must also be inserted. Specific language is not required.","source_pages":[16],"quote":"the recipient or subrecipient must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c)"},{"id":"REQ-CAW-01","actor":"Recipient or subrecipient","modality":"obligation","statement":"Contracts must contain a provision requiring contractors to comply with the Clean Air Act and the Federal Water Pollution Control Act.","source_pages":[19],"quote":"Contracts must contain a provision requiring contractors to comply with the Clean Air Act"},{"id":"REQ-CAW-02","actor":"Recipient or subrecipient","modality":"obligation","statement":"Violations must be reported to FEMA and to the Regional Office of the EPA.","source_pages":[19],"quote":"Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency"},{"id":"REQ-CAW-03","actor":"Recipient or subrecipient","modality":"condition","statement":"The Clean Air/Water provision is required for all procurements over $150,000.","source_pages":[19],"quote":"This contract provision is required for all procurements over $150,000."},{"id":"REQ-CAW-04","actor":"Contractor","modality":"unspecified","statement":"The sample (suggested, not mandated) language flows the requirements down to each subcontract exceeding $150,000.","source_pages":[20],"quote":"The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA."}],"process":[{"id":"P1","action":"Confirm the award or declaration date falls on or after 2024-10-01 so that this edition governs. Otherwise, stop and use the earlier edition.","requires":[],"source_pages":[3],"quote":"This document applies to all FEMA awards made or disasters declared on or after October 1, 2024"},{"id":"P2","action":"Gather the case facts: contract amount, type of work and category, FEMA program, program-legislation Davis-Bacon applicability, and employment of mechanics or laborers.","requires":["P1"],"source_pages":[4],"quote":"Many of the provisions described in this document only apply when certain circumstances are present, such as the type of work being procured, the dollar amount, or the date when it is procured."},{"id":"P3","action":"Termination (section 2.1): if the amount exceeds $10,000, the provision is required. If the amount is at or below $10,000, it is suggested but not required.","requires":["P2"],"source_pages":[9],"quote":"This contract provision is required for contracts and purchase orders exceeding $10,000."},{"id":"P4","action":"Davis-Bacon (section 4.1): first apply the exception. If the program is PA or HMA, the clause is not federally required.","requires":["P2"],"source_pages":[12],"quote":"However, the Davis-Bacon Act clause is not federally required for procurements under FEMA’s Public Assistance (PA) or Hazard Mitigation Assistance (HMA) Programs."},{"id":"P5","action":"Davis-Bacon: for other programs, the clause is required only for prime construction contracts over $2,000, and only when the program legislation requires Davis-Bacon.","requires":["P4"],"source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"id":"P6","action":"Davis-Bacon: if program-legislation applicability is unknown, or the contract's construction status is uncharacterised, keep the result unknown. Consult the NOFO, program guidance, or the FEMA grant representative.","requires":["P5"],"source_pages":[12],"quote":"Recipients and subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement."},{"id":"P7","action":"Work hours (section 6.1): first apply the exclusions for open-market supplies, transportation, and transmission of intelligence.","requires":["P2"],"source_pages":[15],"quote":"These requirements do not apply to the purchase of supplies, materials, or articles ordinarily available on the open market, contracts for transportation or transmission of intelligence"},{"id":"P8","action":"Work hours: for non-excluded procurements, the provision is required when the amount is over $100,000 and the procurement involves mechanics or laborers and construction work. Uncharacterised other work stays unknown.","requires":["P7"],"source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"},{"id":"P9","action":"Clean Air/Water (section 8.1): the provision is required if the amount is over $150,000.","requires":["P2"],"source_pages":[19],"quote":"This contract provision is required for all procurements over $150,000."},{"id":"P10","action":"For each provision found required, the recipient or subrecipient ensures the contract language meets 2 C.F.R. Part 200. This draft remains unapproved pending that review.","requires":["P3","P6","P8","P9"],"source_pages":[4],"quote":"The recipient or subrecipient is solely responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. Part 200"}],"outputs":{"termination_clause_required":{"rules":[{"when":{"field":"contract_amount_usd","op":"gt","value":10000},"value":true,"source_pages":[9],"quote":"This contract provision is required for contracts and purchase orders exceeding $10,000."},{"when":{"field":"contract_amount_usd","op":"lte","value":10000},"value":false,"source_pages":[9],"quote":"For contracts at or below $10,000, FEMA suggests including a termination for cause provision, but this is not required."}],"default":false},"davis_bacon_clause_required":{"rules":[{"when":{"any":[{"field":"fema_program","op":"eq","value":"PA"},{"field":"fema_program","op":"eq","value":"HMA"}]},"value":false,"source_pages":[12],"quote":"However, the Davis-Bacon Act clause is not federally required for procurements under FEMA’s Public Assistance (PA) or Hazard Mitigation Assistance (HMA) Programs."},{"when":{"any":[{"field":"contract_category","op":"eq","value":"open_market_supplies"},{"field":"contract_category","op":"eq","value":"transportation"},{"field":"contract_category","op":"eq","value":"intelligence_transmission"}]},"value":false,"source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"when":{"field":"contract_amount_usd","op":"lte","value":2000},"value":false,"source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"when":{"field":"program_legislation_requires_davis_bacon","op":"eq","value":"no"},"value":false,"source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"when":{"all":[{"field":"contract_category","op":"eq","value":"prime_construction"},{"field":"program_legislation_requires_davis_bacon","op":"eq","value":"yes"}]},"value":true,"source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"},{"when":{"field":"program_legislation_requires_davis_bacon","op":"eq","value":"unknown"},"value":"unknown","source_pages":[12],"quote":"Recipients and subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement."},{"when":{"field":"contract_category","op":"eq","value":"other"},"value":"unknown","source_pages":[12],"quote":"When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act"}],"default":"unknown"},"work_hours_clause_required":{"rules":[{"when":{"any":[{"field":"contract_category","op":"eq","value":"open_market_supplies"},{"field":"contract_category","op":"eq","value":"transportation"},{"field":"contract_category","op":"eq","value":"intelligence_transmission"}]},"value":false,"source_pages":[15],"quote":"These requirements do not apply to the purchase of supplies, materials, or articles ordinarily available on the open market, contracts for transportation or transmission of intelligence"},{"when":{"field":"contract_amount_usd","op":"lte","value":100000},"value":false,"source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"},{"when":{"field":"involves_mechanics_or_laborers","op":"eq","value":false},"value":false,"source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"},{"when":{"all":[{"field":"contract_category","op":"eq","value":"prime_construction"},{"field":"involves_mechanics_or_laborers","op":"eq","value":true}]},"value":true,"source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"},{"when":{"field":"contract_category","op":"eq","value":"other"},"value":"unknown","source_pages":[15],"quote":"This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work"}],"default":"unknown"},"clean_air_water_clause_required":{"rules":[{"when":{"field":"contract_amount_usd","op":"gt","value":150000},"value":true,"source_pages":[19],"quote":"This contract provision is required for all procurements over $150,000."},{"when":{"field":"contract_amount_usd","op":"lte","value":150000},"value":false,"source_pages":[19],"quote":"This contract provision is required for all procurements over $150,000."}],"default":false}}}