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DocuSign Envelope ID: B458D7FB-FB93-4775-A3CB-AC48CB34C275
<br />j . If the Contractor is a covered entity under the Health Insurance Portability and Accountability
<br />Act of 1996, 42 U.S.C. 1320d — 1320d-8, the Contractor shall comply with applicable HIPAA
<br />requirements. If Contractor is a business associate under HIPAA, Contractor hereby agrees
<br />to, and has an affirmative duty to, execute the State's current HIPAA Business Associate
<br />Agreement. In this case, Contractor must contact the State's representative and request a
<br />copy of the Business Associate Agreement, complete the agreement, have it signed by an
<br />authorized representative of the Contractor, and deliver it to the State.
<br />k. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as
<br />amended by §6062 of Public Law 110-252, including without limitation all data reporting
<br />requirements required there under. This Act is also referred to as FFATA.
<br />1. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of
<br />1964, as amended.
<br />in. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of
<br />"federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal
<br />opportunity clause provided under 41 CFR 60-1.3(b), in accordance with Executive Order 11246,
<br />"Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),
<br />as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
<br />Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
<br />Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.
<br />n. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
<br />o. if the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and
<br />the recipient or subrecipient wishes to enter into an agreement with a small business firm or
<br />nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions
<br />Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
<br />Contracts and Cooperative Agreements," and any implementing regulations issued by the
<br />awarding agency.
<br />P. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
<br />U.S.C. 1251-1387), as amended.
<br />q. if applicable, comply with the mandatory standards and policies on energy efficiency contained
<br />within the State of Colorado's energy conservation plan issued in compliance with the Energy
<br />Policy and Conservation Act, 42 U.S.C. 6201.
<br />26. Contractor Affirmation. If this Contract involves federal funds or compliance is otherwise federally mandated,
<br />then by signing and submitting this Contract the Contractor affirmatively avers that:
<br />a. the Contractor is in compliance with the requirements of the "Drug -Free Workplace Act" (Public
<br />Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.);
<br />b. the Contractor and all principals are not presently debarred, suspended, proposed for debarment,
<br />declared ineligible, or voluntarily excluded from covered transactions by any federal department
<br />or agency; the Contractor and all principals shall comply with all applicable regulations pursuant
<br />to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR
<br />Part 1989 Comp., p. 235), Debarment and Suspension; and,
<br />C. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law
<br />101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29
<br />C.F.R. 93.110(1990) and where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C.
<br />1352).
<br />27. Annual Audits. If the Contractor expends federal funds from all sources (direct or from pass -through
<br />entities) in an amount of $750,000 or more during its fiscal year, then the Contractor shall have an audit of
<br />that fiscal year in accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of
<br />States, Local Governments, and Non -Profit Organizations). If the Contractor expends federal funds
<br />received from the State in an amount of $750,000 or more during its fiscal year, then the Contractor shall
<br />furnish one (1) copy of the audit report(s) to the State's Internal Audit Office within thirty (30) calendar
<br />days after the Contractor's receipt of its auditor's report or nine (9) months after the end of the Contractor's
<br />audit period, whichever is earlier. If (an) instance(s) of noncompliance with federal laws and regulations
<br />occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the
<br />issuance of (a) report(s).
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<br />Vcr 24.03.20
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