{"requirements":[{"id":"R-EDITION-01","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"This guide edition (Version 2) governs FEMA awards made or disasters declared on or after October 1, 2024. Implementation choice: the decision rules assume the case falls within this edition's date scope, because no date input is declared.","source_pages":[3],"quote":"This document applies to all FEMA awards made or disasters declared on or after October 1, 2024"},{"id":"R-EDITION-02","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"Awards made or disasters declared from November 12, 2020 through September 30, 2024 are governed by the June 2021 guide, not 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":"R-GEN-01","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"Recipient and subrecipient contracts must contain the applicable provisions described in 2 C.F.R. Part 200 Appendix II.","source_pages":[3],"quote":"contracts must contain the applicable provisions described in Appendix II of this part"},{"id":"R-GEN-02","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"Many provisions apply only when certain circumstances are present, such as the type of work, the dollar amount, or 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":"R-GEN-03","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"The recipient or subrecipient is solely responsible for ensuring that contract language meets 2 C.F.R. Part 200.","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":"R-GEN-04","actor":"FEMA (guide scope)","modality":"definition","statement":"The guide does not cover provisions required by state, tribal, or local law. The outputs therefore express no opinion on state-law duties.","source_pages":[4],"quote":"Contract provisions required by applicable state, tribal, or local laws or rules separate from the federal procurement standards."},{"id":"R-TERM-01","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"Contracts must address termination for cause and for convenience by the recipient or subrecipient. This includes the manner of termination 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":"R-TERM-02","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"The termination provision is required for contracts and purchase orders exceeding $10,000.","source_pages":[9],"quote":"This contract provision is required for contracts and purchase orders exceeding $10,000."},{"id":"R-TERM-03","actor":"FEMA recipient or subrecipient","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":"R-TERM-04","actor":"FEMA recipient or subrecipient","modality":"unspecified","statement":"FEMA recommends (does not require) that termination clauses be actionable and specific.","source_pages":[9],"quote":"FEMA recommends that termination clauses be actionable and specific."},{"id":"R-DB-01","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"When required by the federal program legislation, all prime construction contracts 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":"R-DB-02","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"The Davis-Bacon Act does not apply to all FEMA financial assistance programs. Applicability must be determined from the NOFO, program guidance, or 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":"R-DB-03","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"Exception with precedence: the Davis-Bacon clause is not federally required for procurements under PA or HMA programs.","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":"R-DB-04","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"If Davis-Bacon applies, the recipient or subrecipient must place the current Department of Labor prevailing wage determination in each solicitation.","source_pages":[13],"quote":"The recipient or subrecipient must place a copy of the Department of Labor’s current prevailing wage determination in each solicitation."},{"id":"R-DB-05","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"If Davis-Bacon applies, contracts or subcontracts must be awarded on 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":"R-DB-06","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"If Davis-Bacon applies, the recipient or subrecipient must report all suspected or reported violations to the federal agency.","source_pages":[13],"quote":"The recipient or subrecipient must report all suspected or reported violations to the federal agency."},{"id":"R-DB-07","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"Contracts subject to Davis-Bacon 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":"R-DB-08","actor":"FEMA recipient or subrecipient; contractors","modality":"obligation","statement":"If applicable, 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":"R-COPE-01","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"The Copeland provision applies to prime construction contracts above $2,000 when Davis-Bacon also applies.","source_pages":[14],"quote":"For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies"},{"id":"R-CW-01","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"Where applicable, contracts must include a provision for compliance with statutory work hours and safety standards.","source_pages":[15],"quote":"contracts must include a provision for compliance with statutory requirements on work hours and safety standards."},{"id":"R-CW-02","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":"each contractor must base wages for every mechanic and laborer on a standard 40-hour work week."},{"id":"R-CW-03","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"The work-hours provision applies to procurements over $100,000 that involve employment of mechanics, 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":"R-CW-04","actor":"FEMA recipient or subrecipient","modality":"condition","statement":"Exception with precedence: the requirements do not apply to purchases of open-market supplies, materials, or articles, 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":"R-CW-05","actor":"FEMA recipient or subrecipient; contractors","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 and in full in subcontracts.","source_pages":[16],"quote":"the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(b)(1)-(5), verbatim, into all applicable contracts"},{"id":"R-CW-06","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"For contracts subject only to CWHSSA and not to other statutes cited in 29 C.F.R. § 5.1, 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":"R-CAW-01","actor":"FEMA 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":"R-CAW-02","actor":"FEMA recipient or subrecipient","modality":"obligation","statement":"Violations must be reported to FEMA and to the EPA Regional Office.","source_pages":[19],"quote":"Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency."},{"id":"R-CAW-03","actor":"FEMA 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":"R-CAW-04","actor":"Contractor","modality":"unspecified","statement":"The suggested sample language has the contractor flow the requirements down to subcontracts exceeding $150,000. This is suggested language, not mandated text.","source_pages":[20],"quote":"The contractor agrees to include these requirements in each subcontract exceeding $150,000"},{"id":"R-DEF-01","actor":"Definition","modality":"definition","statement":"Definition of construction work (41 C.F.R. § 60-1.3), as reproduced in the guide.","source_pages":[9],"quote":"construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property"}],"process":[{"id":"P1","action":"Confirm that the award or disaster declaration date falls within this edition's scope (on or after October 1, 2024). Otherwise, refer to the prior guide.","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":"Collect the case facts that drive applicability: contract amount, work type or 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: require the provision if the contract or purchase order exceeds $10,000. At or below $10,000 it is suggested only, not required.","requires":["P2"],"source_pages":[9],"quote":"This contract provision is required for contracts and purchase orders exceeding $10,000."},{"id":"P4","action":"If termination is required, draft it to address cause and convenience, the manner of termination, and the basis for settlement. FEMA recommends (but does not require) that the clause be actionable and specific.","requires":["P3"],"source_pages":[8,9],"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":"P5","action":"Davis-Bacon: first apply the PA/HMA exclusion, under which 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":"P6","action":"For other programs, check whether the contract is a prime construction contract over $2,000 and whether the federal program legislation requires Davis-Bacon. Where legislation applicability is unknown, consult the NOFO, program guidance, or the FEMA grant representative.","requires":["P5"],"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":"P7","action":"If Davis-Bacon applies: place the wage determination in the solicitation, award conditioned on acceptance, include 29 C.F.R. § 5.5(a)(1)-(11) in full, address Copeland compliance, and report violations.","requires":["P6"],"source_pages":[13],"quote":"Contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted."},{"id":"P8","action":"Work hours: 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":"P9","action":"For non-excluded procurements, check for amount over $100,000, employment of mechanics or laborers, and construction work. Keep the result unknown where the work type cannot be classified.","requires":["P8"],"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":"P10","action":"If work hours applies: include 29 C.F.R. § 5.5(b)(1)-(5) verbatim and flow it down. Add a 29 C.F.R. § 5.5(c) clause where the contract is subject only to CWHSSA.","requires":["P9"],"source_pages":[16],"quote":"the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(b)(1)-(5), verbatim, into all applicable contracts"},{"id":"P11","action":"Clean Air/Water: require the provision for procurements over $150,000.","requires":["P2"],"source_pages":[19],"quote":"This contract provision is required for all procurements over $150,000."},{"id":"P12","action":"If Clean Air/Water applies: include the compliance provision and provide for reporting violations to FEMA and the EPA Regional Office.","requires":["P11"],"source_pages":[19],"quote":"Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency."},{"id":"P13","action":"Final review: the recipient or subrecipient confirms that all contract language meets 2 C.F.R. Part 200. This draft is unapproved and is not a legal determination.","requires":["P4","P7","P10","P12"],"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":{"field":"contract_category","op":"ne","value":"prime_construction"},"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":"The Davis-Bacon Act does not apply to all FEMA financial assistance programs."},{"when":{"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."}],"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},{"field":"contract_amount_usd","op":"gt","value":100000}]},"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":"contracts must include a provision for compliance with statutory requirements on work hours and safety standards."}],"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}}}