4-90-050 Contract Clauses
(1) General Contract Clauses Required.
(a) All contracts will include provision for administrative, contractual, or legal remedies if contractor fails to fulfill contract.
(b) All contracts will have provision for termination by the Nation.
(c) All contracts shall contain a provision for compliance with equal employment opportunity Executive Order 11246, as amended by Executive Order 11375.
(d) All contracts shall provide a provision stating the contractor must provide Indian preference in subcontracting, training, and employment under the terms of the contract. All efforts in providing Indian preference shall be documented and retained, and the contractors must be prepared to furnish evidence of their efforts to the Nation upon request.
(e) All contracts shall provide a provision stating the contractor will take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. All efforts in action shall be documented and retained, and the contractors must be prepared to furnish evidence of their efforts to the Nation upon request.
(f) All contracts shall provide a provision stating the contractor, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
(g) All contracts shall provide a provision stating that the Nation, the Federal grantor agency, the Controller of the United States, or any authorized representative thereof, shall have access to any books, records, documents, or papers of the contractor, which are directly related to the contract, for the purpose of auditing, examining, or making transcriptions. Contractor shall be required to maintain pertinent records for three years after the Nation has made final payment.
(h) All contracts shall include required contract provisions found under Appendix II to 2 CFR Part 200 at the time of contract preparation and execution.
(i) Any and all requirements that are binding on the prime contractor will be binding on the subcontractor and their subs.
(2) Specific Contract Provisions.
(a) The Planning Director, in consultation with the Compliance Officer, must identify applicable contract provisions required by the funding source(s) and ensure they are included in the contract.
(b) Contracts involving research, development, experimental, or demonstration work shall include a notice of requirements regarding reporting, patents, copyrights, and rights to data.
(c) Contracts in excess of $100,000 shall contain provisions requiring compliance with all applicable standards, orders, or requirements issued under Sections 306 and 508 of the Clean Air Act, Executive Order 11738, and Environmental Protection Agency regulations.
(d) All HUD-funded contracts shall incorporate the following clause (referred to as the Section 7(b) clause) in each contract awarded in connection with a project funded under this section:
(i) The work to be performed under this contract is on a project subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) (Indian Act). Section 7(b) requires that to the greatest extent feasible:
(A) Preferences and opportunities for training and employment shall be given to Indians; and
(B) Preferences in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned economic enterprises.
(ii) The parties to this contract shall comply with the provisions of Section 7(b) of the Indian Act.
(iii) In connection with this contract, the contractor shall, to the greatest extent feasible, give preference in the award of any subcontracts to Indian organizations and Indian-owned economic enterprises, and preferences and opportunities for training and employment to Indians.
(iv) The contractor shall include this Section 7(b) clause in every subcontract in connection with the project, and shall, at the direction of the grantee, take appropriate action pursuant to the subcontract upon a finding by the grantee or HUD that the subcontractor has violated the Section 7(b) clause of the Indian Act. [Res. 2021-02-015 § 2 (Att. 1), 2021.]