Sei sulla pagina 1di 18

APPENDIX 9-3

TO SPECIAL MASTER'S FINDINGS


AND REPORT

CASE NO.: CV20-00755

Contract entered into by and between DETR-Employment


Security Division and Alorica, Inc. re: phone support for the UI
System
[ CETS# 23107
j!eference# 3422-21-ESD..~ ...

CONTRACTFOR SERVICESOF INDEPENDENTCONTRACTOR


A ContractBetween the State of Nevada
Acting by and Throughits

Departmentof Employment,Training and Rehabilitation


Agency Name:
EmploymentSecurity Division
Address: 500 E. Third Street
----·-·- - ----"----1-----------
City, State, ZJp._C_od.<':
__ Carson City, NV 89713-0001·--·~····--·----···------··--,--~
Contact: Brian Deem
Phone: (775) 684-3823
Email: fmcu@detr.nv.gov

ContractorName: AloricaInc.

________
Address: __ _ , 5161CaliforniaAve
City, State, Zip Code: Irvine, CA 92617
---·-···-- ·--------·
Contact: Aimee Ford
~------------+------------·---·----·--··-·-'··'-
Phone:
,__________ (813) 230-7130
----+-'--'------------~-·--~·-·----
Email: Aim_e_e.ford@illorica.com

WHEREAS, NRS 333.700 authorizes officers, departments,institutions, boards, commissions,and other agencies in the
ExecutiveDepartmentof the State Governmentwhich derive their support from public money in whole or in part to engage,
subjectto the approvalof the Board of Examiners(BOE), services of persons as independentcontractors;and

WHEREAS, it is deemed that the serviceof Contractoris both necessaryand in the best interestsof the Stateof Nevada.

NOW, THEREFORE,in considerationof the aforesaidpremises,the parties mutually agree as follows:

1. REQUIRED APPROVAL. This Contract shall not become effectivelllltil and unless approvedby the Nevada State
Board of Examiners.

2. DEFINITIONS.

A. "State" - means the State of Nevada and any State agency identifiedherein, its officers, employeesand immune
contractorsas defmedin NRS 41.0307.

B. "ContractingAgency"- means the State agencyidentifiedabove.

C. "Contractor"- means the person or entity identified above that perfonns services and/or providesgoods for the
State under the terms and conditionsset forth in this Contract.

D. "Fiscal Year" -means the periodbeginningJuly 1st and endingJune 30th of the followingyear.

E. "Con~ct" - Unlessthe cont{?xtotherwiserequires,"Contract"means this documententitledContractfor Services


of IndependentContractorand all Attachmentsor IncorporatedDocuments.

F. "Contract for IndependentContractor"- means this document entitled Contract for Services of Independent
Contractorexclusiveof any Attachmentsor IncorporatedDocuments.

Form Provided by the Attorney General of the State of Nevada Effective 02/2017 - Reformatted: 01/2020 Page 1 o/9
I
CETS#23107
Reference#3422-21-ESD

3. CONTRACTTERM. This Contract shalt be effective as noted below, unless sooner tenninated by either party as
specifiedin Section10, ContractTennination. Contract is subject to Board of Examiners' approval.

IEffective from: 14/10/2020 ITo: 112/31/2020

4. NOTICE. All communications,including notices, required or permitted to be given under this Contract shall be in
writing and directedto the parties at the addressesmated above. Notices may be given: (i) by deliveryin ~son; (ii) by
a nationally recognized next day courier service, return receipt requested; or (iii) by certified mail, return receipt
requested. If specifice.llyrequestedby the party to be notified, valid notice may be given by facsimiletransmissionor
electronic mail to the address{es)such party has specifiedin writing,

5. INCORPORATEDDOCUMENTS. The parties agree that this Contract, inclusive of the following attachments,
specifically describes the scope of work This Contract incorporates the following attachmentsin descendingorder of
constructiveprecedence:

ATTACHMENTAA: SCOPEOF WORK

ATTACHMENTBB: INSURANCESCHEDULE

ATTACHMENTCC: VENDOR'SRESPONSE

ATTACHMENTDD: PROVISIONSFOR CONTRACTSUNDERFEDERALAWARDS

As1yprovision, term or condition of an Attachment that contradicts the terms of this Contract for Independent
Contractor, or that would change the obligationsof the State under this Contract for IndependentContractor,shall be
void and wienforceable.

6. CONSIDERATION. The parties agree that Contractor will provide the services specifiedin Section5, Inco,porated
Documentsat a costas noted below:

English Speaking- $33.50 Per Hour, per FTE

Bi-lingual Speaking- $35.50 Per Hour, per FI'E

Emailed to fminvoices@detr.nv.gov 'OR' mailed to: accounts payable,


Nevada Dept. of Employment, Training and Rehabilitation(DETR),500 E.
Total Contract or installments 3rd Street, Carson City NV 89713. Pursuant to NRS 227.185 and NRS
referencing contract# 3422-21-ESD 333.450, the State shall pay claims for supplies, materials, equipment and
payable at: services electronically, unless determined by the State Controller that the
electronic payment would cause the payee to suffer \llldue hardship or
extremeinconvenience.

I Total ContractNot to Exceed: 1 ss.000.000.00

The State does not agree to reimburse Contractor for expenses unless otherwise specified in the incorporated
attachments. Any intervening end to a biennial appropriation period shall be deemed an automatic renewal (not
changing the overall Contractterm) or a terminationas the result of legislativeappropriationmay require,

7. ASSENT. The parties agree that the terms and conditions listed on incoiporated attachmentsof this Contractare also
specifically a part of this Contract and are limited only by their respective order of precedence and any limitations
specified.

8. BILLING SUBMISSION: TIMELINESS. The parties agree that timeliness of billing is of the essence to the
Contract and recognize that the State is on a Fiscal Year. All billings for dates of service prior to July 1 mUBtbe
Fonn Provided by the Attorney General of the State of Nevada Effective 02/2017-Refonnatted: 01/2020 Page2of9
j CETS#23107....... - .. ·-·=J····
...
[Reference#
3422-.21-Esn -·-· ·
~--·----·~-··---- -

submitted to the state no later than the first Friday in August of the same calendar year. A billing submitted after the
first Friday in August, which forces the State to process the billing as a stale clain1pursuant to NRS 353.097, will
subject Contractorto an administrativefee not to exceed one hundred dollars ($100.00). The parties hereby agree this is
a reasonable estimate of the additionalcosts to the state of processing the billing as a stale claim and that this amount
will be deducted from the stale claimpayment due to Contractor.

9. INSPECTION& AUDIT.

A. Books and Records. Contractor agrees to keep and maintain under generally accepted accountingprinciples
(GAAP) fajl, true and completerecords, contracts, books, and documents as are necessary to fully disclose to the
State or United States Government, or their authorized representatives, upon audits or reviews, sufficient
informationto determinecompliancewith all State and federal regulationsand statutes.

B. fum,ection& Audit. Contractor agrees that the relevant books, records (written, electronic, computerrelated or
otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its
subcontractors,financial statementsand supporting documentation,and documentationrelated to the work product
shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or
location of Contractorwhere such records may be found, with or without notice by the State Auditor,the relevant
State agency or its contracted examiners, the department of Administration,Budget Division, the Nevada State
Attorney General's Office or its Fraud Control Units, the state Legislative Auditor, andwith regard to any federal
funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the
Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirementsof this
Section.

C. P<JdodofRetention. All books, records, reports, and statements relevant to this Contract must be retained a
minimum three (3) years, and for five (5) years if any federal funds are used pursuantto the Contract. The retention
period runs from the date of payment for the relevant goods or se1vicesby the state, or from the date of termination
of the Contract,whicheveris later. Retentiontime shall be extendedwhen an audit is scheduledor in progress for a
period reasonablynecessaryto completean audit and/or to complete any administrativeandjudicial litigationwhich
may ensue.

10. CONTRACTTERMINATION.

A. Tennination Without Cause. Regardlessof any terrus to the contrary,this Contractmay be terminatedupon written
notice by nmtual consent of both parties. The State unilaterally may terminate this contractwithout cause by giving
not less than thirty (30) days' notice in the manner specified in Section 4, Notice. If this Contractis unilaterally
terminatedby the State, Contractorshall use its best efforts to minimize cost to the State and Contractorwill not be
paid for any cost that Contractorcould have avoided.

B. ~tate Tenninati.9nforNon.:Ai1W_Qpriation,The continuationof this Contractbeyond the currentbienniumis subject


to and contingentupon sufficient funds being appropriated, budgeted, and otherwise made availableby the State
Legislature and/or federal sources. The State may terminate this Contract, and Contractor waives any and all
claims(s)for damages,effectiveimmediatelyupon receipt of written notice (or any date specifiedtherein) if for any
reason the contracting Agency's funding from State and/or federal sources is not appropriatedor is withdrawn,
limited, or impaired.

C, Tenninationwith Cause for Breach. A breach maybe declared with or without termination. A notice of breach and
terminationshall specify the date of terminationof the Contract, which shall not be soonerthan the expirationof the
Time to Correct,if applicable,allowedunder subsection 1OD.This Contractmay be tenninatedby eitherparty upon
written notice of breach to the other party on the followinggrounds:

1) If Contractor fails to provide or satisfactorilyperform any of the conditions, work, deliverables,goods, or


services called for by this Contractwithin the time requirementsspecifiedin this Contractor within any granted
extensionof those time requirements;or

Forni Provided by the Attorney Generalof the State a/Nevada 4f[ective 02/2017- Reformatted:01/2020 Page3 o/9
2) If any state, county, city, or federal license, authorization, waiver, permit, qualificationor certificationrequired
by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by
thls Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not
renewed; or

3) If Contractor becomes insolvent, subject to receivership, or becomes voluntarilyor involuntarilysubject to the


jurisdiction of the Bankruptcy Court; or

4) If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's
abilityto perform; or

5) If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment,gifts,
or otherwise were offered or given by Contractor, or any agent or representativeof Contractor,to any officer or
employee of the State of Nevada with a view toward securing a contract or securing favorabletreatment with
respect to awarding, extending,amending, or making any determinationwith respect to the perfonning of such
contract; or

6) If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the
performance of this Contract.

D. Time to Correct. Unless the breach is not curable, or unless circumstancesdo not permit an opportunity to cure,
termination upon declared breach may be exercised only after service of formal written notice as specified in
Section 4, Notice,and the subsequent failure of the breaching party within fifteen (15) calendar days of receipt of
that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared breach has been
corrected. Upon a notice of breach, the time to correct and the time for termination of the contract upon breach
under subsection I 0C, above, shall run concurrently,unless the notice expresslystates otherwise.

E. Windini.!Un Affairs Upon Termination. In the event of termination of this Contract for any reason, the parties
agree that the provisions of this Section survive tennination:

1) The parties shall account for and properly present to each other all claims for fees and expensesand pay those
which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold
performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time
of termination;

2) Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if
so requested by the ContractingAgency;

3) Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this
Contract if so requested by the ContractingAgency;

4) Contractor shall preserve, protect and promptly deliver into State possession all proprietary information in
accordancewith Section 21, State Ownership of Proprietary lnfonnation.

11. REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not
be exclusive and are in addition to any other rights and remedies provided by Jaw or equity, including, without
limitation, actual damages, and to a prevailing party reasonable attorneys' fees and costs. For purposes of an award of
attorneys' fees to either party, the parties stipulate and agree that a reasonablehourly rate of attorneys' fees shall be one
hundred and fifty dollars ($150.00) per hour. The State IIlllYset off consideration against any unpaid obligation of
Contractor to any State agency in accordance with NRS 353C.190. fu the event that Contractor voluntarily or
involuntarily becomes subject to the jurisdiction of the Bankruptcy Court, the State may set off considerationagainst
any unpaid obligation of Contractorto the State or its agencies, to the extent allowed by bankruptcylaw, without regard
to whether the procedures ofNRS 353C.190have been utilized.

12. LIMITEDLIABILITY. The State will not waive and intends to assert available NRS Chapter 41 liability limitations
in all cases. Contract liability of both parties shall not be subject to punitive damages. Damages for any State breach

Fonn Provided by the Attorney Generalof the State of Nevada E;,/fective


02120/7-Refonnatted: 0112020 Page4of9
shall never exceed the amount of funds appropriatedfor payment under this Contract,but not yet paid to Contractor,for
the Fiscal Year budget in existence at the time of the breach. Contractor's tort liabilityshall not be limited.

13. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from
performing any of its obligationshereunderdue to strikes, failure of public transportation,civil or military authority, act
of public enemy, accidents, fires, explosions,or acts of God, includingwithout limitation,earthquakes,floods, winds, or
storms. In such an event the interveningcause must not be through the fault of the party assertingsuch an excuse, and
the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening
cause ceases.

14. INDEMNIFICATIONAND DEFENSE. To the fullest extent pennitted by law, Contractor shall indemnify, hold
harmless and defend, not excluding the State's right to participate, the State from and against all liability, claims,
actions, damages, losses, and expenses,including,without limitation,reasonable attorneys' fees andcosts, arising out of
any breach of the obligations of Contractorunder this contract, or any alleged negligent or willful acts or omissions of
Contractor, its officers, employees and agents. Contractor's obligation to indemnify the State shall apply in all cases
except for claims arising solely from the State's own negligence or willful misconduct. Contractorwaives any rights of
subrogation against the State. Contractor's duty to defend begins when the State requests defense of any claim arising
from this Contract.

15. REPRESENTATIONSREGARDINGINDEPENDENTCONTRACTORSTATUS. Contractorrepresentsthat it is


an independent contractor,as defined in NRS 333.700(2)and 616A.255,warrants that it will perfonn all work under this
contract as an independentcontractor,and warrants that the State of Nevada will not incur any employmentliability by
reason of this Contractor the work to be performedunder this Contract. To the extent the State incurs any employment
liability for the work under this Contract;Contractorwill reimbursethe State for that liability.

16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor must carry policies of
insurance and pay all taxes and fees incidenthereunto. Policies shall meet the tenns and conditionsas specified within
this Contract along with the additional limits and provisions as described in Attachment BB, incorporat.edhereto by
attachment. The State shall have no liabilityexcept as specificallyprovided in the Contract.

Contractor shall not commence work before Contractor has provided the required evidence of insurance to the
ContractingAgency, The State's approvalof any changes to insurancecoverage duringthe course ofperfonnance shall
constitute an ongoing condition subsequent to this Contract. Any failure of the State to timely approve shall not
constitute a waiver of the condition.

A. Insurance Covera•6e. Contractor shall, at Contractor's sole expense, procure, maintain and keep in force for the
duration of the Contract insurance conformingto 1heminimum limits as specifiedin AttachmentBB, incoiporated
hereto by attachment. Unless specificallystated herein or otherwise agreed to by the State, the required insurance
shall be in effectprior to the commencementof work by Contractorand shall continuein force as appropriateuntil:

1) Final acceptanceby the State of the completionof this Contract;or


2) Such time as the insurance is no longer requiredby the State under the terms of this Contract;whicheveroccurs
later.

Any insuranceor self-insuranceavailableto the State shall be in excess of and non-contributingwith, any insurance
required from Contractor. Contractor's insurance policies shall apply on a primary basis. Until such time as the
insurance is no longer required by the State, Contractor shall provide the State with renewal or replacement
evidence of insuranceno less than thirty (30) days before the expirationor replacementof the requiredinsurance. If
at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply
with the requirements of this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall
immediately notify the State and immediately replace such insurance or bond with an insurer meeting the
requirements.

B. General Reguire!llents.

Fonn Providedby the AttorneyGeneral of the State of Nevada Effective 02/20I 7 - Reformatted:OJ/2020 Page5 o/9
fCETS# 23107 . j
~~ference# ~422-21-ESD .. __ _

1) Additional Insured: By endorsementto the general liability insurance policy, the State of Nevada,its officers,
employees and immune contractors as defined in NRS 41.0307 shall be named as additionalinsureds for all
liability arising from the Contract.

2) Waiver of SubroL?ation:Each insurance policy shall provide for a waiver of subrogationagainst the State of
Nevada, its officers, employees and immune contractors as defined in NRS 41,0307 for losses arising from
work/materials/equipmentperfonned or provided by or on behalf of Contractor.

3) Cross Lia1'i!in':All required liability policies shall provide cross-liabilitycoverage as would be achievedunder
the standardISO separationof insuredsclause.

' 4) Deductibles and Self-InsuredRetentions: Insurance maintained by Contractor shall apply on a first dollar basis
without applicationof a deductible or self-insuredretention unless otherwise specificallyagreedto by the State.
Such approval shall not relieve Contractor from the obligation to pay any deductible or self-insuredretention.
Any deductible or self-insuredretention shall not exceed fifty thousand dollars ($50,000.00)per occurrence,
unless otherwiseapprovedby the Risk ManagementDivision.

5) Policy Cancellation: Except for ten (IO) days notice for non-paymentof premiums, each insurancepolicy shall
be endorsed to state that without thirty (30) days prior written notice to the State of Nevada, c/o Contracting
Agency, the policy shall not be canceled, non-renewed or coverage and/or limits reduced or materiallyaltered,
and shall provide that notices required by this Section shall be sent by certified mail to the address shown on
page one (1) of this contract.

6) Am,rove<tInsurer: Each insurancepolicy shall be:

a) Issued by insurance companies authorized to do business in the State of Nevada or eligiblesurplus lines
insurers acceptable to the State and having agents in Nevada upon whom service of process may be
made; and

b) Currentlyrated by A.M. Best as "A-VII"or better.

C. IJvidence of Insurance.

Prior to the startof any work, Contractormust provide the following documentsto the contractingState agency:

1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a fonn substantiallysimilar must be
submitted to the State to evidence the insurancepolicies and coverages required of Contractor. The certificate
must name the State of Nevada, its officers, employees and immune contractors as defined in NRS41.0307 as
the certificateholder, The certificate should be signed by a person authorized by the insurer to bind coverage
on its behalf. The State project/Contractnumber; descriptionand Contract effective dates shall be noted on the
certificate, and upon renewal of the policies listed, Contractor shall furnish the State with replacement
certificatesas describedwithinSection16A,InsuranceCoverage.

Mail aIJ required insurance documents to the State Contracting Agency identified on Page one of the
Contract.

2) Additi.onalInsyred Endorsement: An Additional Insured Endorsement (CG 20 10 11 85 or CG 20 26 11 85),


signed by an authorized insurance company representative, must be submitted to the State to evidence the
endorsementof the State as an additionalinsured per Section16B, GeneralRequirements.

3) Schedule of Underlving Insurance Policies; If Umbrella or Excess policy is evidenced to comply with
minimum limits, a copy of the underlying Schedule from the Umbrella or Excess insurancepolicy may be
required.

4) Review and AJ.!J)!Q.Yfil:Documents specified above must be submitted for review and approvalby the State
prior to the commencementof work by Contractor. Neither approval by the State nor failure to disapprovethe
insurance furnished by Contractor shall relieve Contractor of Contractor's full responsibilityto provide the

Form Providedby the Attorney Generalof the State of Nevada Effective0212017-Refonnatted: 01/2020 Page6o/9
insurance required by this Contract. Compliance with the insurance requirements of this Contract shall not
limit the liability of Contractor or its subcontractors, employees or agents to the State or others, and shall be in
additional to and not in lieu of any other remedy available to the State under this Contract or otherwise. The
State reserves the right to request and review a copy of any required insurance policy or endorsementto assure
compliancewith these requirements.

17. COMPLIANCEWITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this
Contract any state, county, city or federal license, authori7..ation,waiver, permit qualification or certificationrequired by
statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services requiredby this Contract.
Contractor shall provide proof of its compliance upon request of the ContractingAgency. Contractorwill be responsible
to pay all taxes, assessmenlE,fees, premiums, permits, and licenses required by law. Real property and personal
property taxes are the responsibility of Contractor in accordance with NRS 361.157 and NRS 361.159. Contractor
agrees to be responsible for payment of any such government obligations not paid by its subcontractors during
performance of this Contract.

18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its
material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies
as to any other breach.

19. SEVERABILITY.If any provision contained in this Contract is held to be unenforceable by a court of law or equity,
this Contract shall be construed as if such provision did not exist and the non-enforceabilityof such provision shall not
be held to render any other provision or provisions of this Contract unenforceable.

20. ASSIGNMENT/DELEGATION.To the extent that any assignment of any right under this Contractohanges the duty
of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of this Contract,
attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending
portion of the assignment shall be void, and shall be a breach of this Contract. Contractor shall neither assign, transfer
nor delegate any rights, obligationsnor duties under this Contract without the prior written consent of the State.

21. STATE OWNERSIDP OF PROPRIETARYINFORMATION. Any data or informationprovidedby the State to


Contractor and any documents or materials provided by the State to Contractor in the course of this Contract ("State
Materials") shall be and remain the exclusiveproperty of the State and all such State Materialsshall be delivered into State
possession by Contractorupon completion,termination,or cancellationof thisContract.

22. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documentsreceived from Contractormay be open to
public inspection and copying. The State has a legal obligation to disclose such informationunless a particular record is
made confidential by law or a common law balancing of interests. Contractor may label specific parts of an individual
document as a "trade secret" or "confidential"in accordance with NRS 333.333, provided that Contractorthereby agrees
to indemnify and defend the State for honoring such a designation. The failure to so label any documentthat is released
by the State shall constitutea completewaiver of any and all claims for damages caused by any release of the records.

23. CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced, prepared,
observed or received by Contractorto the extent that such information is confidential by law or othetwise required by
this Contract.

24. FEDERAL FUNDING, In the event federal funds are used for payment of all or part of this Contract,Contractoragrees
to comply with all applicablefederal laws, regulationsand executiveorders, including,withoutlimitationthe following:

A. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or volW1tarilyexcluded from participation in this transaction by any
federal department or agency. This certification is made pursuant to ExecutiveOrders 12549and 12689and Federal
AcquisitionRegulationsubpart9.4, and any relevant program-specific regulations. This provision shall be required
of every subcontractorreceiving anypayment in whole or in part from federal funds.

B. Contractor and its subcontracts shall comply with all tenns, conditions, and requirements of the Americans with
Disabilities Act of 1990 (P.L. 101-136), 42 U.S.C. 12101, as amended. and regulations adopted thereunder,
including 28 C.F.R. Section35, inclusive, and any relevant program-specificregulations.

Form Provided by the Attorney Generalof the State of Nevada Effective 02/2017-Refomiaffed: 0112020 Page 7of9
CETS#23107 J
J
'--R_e_fc_r_en_c_e#_3_42_2_-z_1-_E_sn
______

C. Contractor and it subcontractorsshall comply with the requirements of the Civil RightsAct of 1964 (P.L. 88-352),
as amended, the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and any relevant program-specific
regulations, and shall not discriminateagainst any employee or offeror for employmentbecause of race, national
origin, creed, color, sex, religion, age, disability or handicap condition (including AIDS and AIDS-related
conditions.)

25. LOBBYING. The parties agree, whether expresslyprohibited by federal law, or otheiwise,that no funding associated
with this Contract will be used for any purpose associated with or related to lobbying or influencingor attempting to
lobby or influencefor any purpose the following:

A. Any federal, state, county or local agency, legislature,commission,council or board;

B. Any federal, state, county or local legislator,commissionmember, councilmember,board member,or other elected
official; or

C. Any officer or employeeof any federal, state, county or local agency; legislature,commission,councilor board.

26. GENERAL WARRANTY. Contractor warrants that all services, deliverables, and/or work products under this
Contract shall be completed in a workmanlikemanner consistent with standards in the trade, profession,or industry;
shall conform to or exceed the specificationsset forth in the incorporatedattachments;and shall be fit for ordinary use,
of good quality, with no material defects.

27 PROPER AUTHORlTY. The parties hereto represent and warrant that the person executingthis Contracton behalf of
each party has full power and authorityto enter into this Contract. Contractoracknowledgesthat as requiredby statute
or regulation this Contract is effectiveonly after approval by the State Board of Examinersand only for the period of
time specified in the Contract. Any servicesperformed by Contractor before this Contractis effectiveor after it ceases
to be effectiveare performedat the sole risk of Contractor.

28. DISCLOSURES REGARDING CURRENT OR FORMER STATE EMPLOYEES. For the purpose of State
compliance with NRS 333.705, Contractorrepresents and warrants that if Contractor, or any employeeof Contractor
who will be performing services under this Contract, is a current employee of the State or was employedby the State
within the preceding24 months, Contractorhas disclosed the identity of such persons, and the servicesthat each such
person will perfonn, to the ContractingAgency.

29. ASSIGNMENT OF ANTITRUST CLAIMS. Contractor irrevocably assigns to the State any claim for relief or cause
of action which Contractornow has or which may accrue to Contractor in the future by reason of any violation of State
of Nevada or federal antitrustlaws in connectionwith any goods or services providedunderthis Contract.

30. GOVERNING LAW: JURISDICTION. This Contract and the rights and obligationsof the parties hereto shall be
governed by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of
conflict-of-law that would require the application of the law of any other jurisdiction. The parties consent to the
exclusive jurisdiction of and venue in the First Judicial District Court, Carson City, Nevada for enforcementof this
Contract, and consentto personaljurisdictionin such court for any action or proceedingarisingout of this Contract.

3 l. ENTIRE CONTRACTAND MODIFICATION. This Contract and its integrated attachment(s)constitutethe entire
agreement of the parties and as such are intended to be the complete and exclusive statement of the promises,
representations,negotiations,discussions,and other agreementsthat may have been made in connectionwith the subject
matter hereof. Unless an integrated attachment to this Contract specifically displays a mutual intent to amend a
particular part of this Contract, general conflicts in language between any such attachmentand this Contract shall be
construed consistent with the terms of this Contract. Unless otherwise expressly authorized by the terms of this
Contract, no modificationor amendmentto this Contract shall be binding upon the partiesunless the same is in writing
and signed by the respective parties hereto and approved by the Office of the Attorney Generaland the State Board of
Examiners. This Contract,and any amendments,may be executed in counterparts.

Fonn Providedby the Attome:yGeneralof the State of Nevada Effective 02/2017-Reformatted: 01/2020 Page8of9
I
CETS/123101
Reference/13422-21-ESD

IN WITNESSWHEREOF,the parties hereto have caused this Contract to be signed and intend to be legally.bound thereby.

Alorica, Inc.

4/10/2020
IndependentContractor's Signature Date fudependentContractor'sTitle

Department f Employment,Trainingand Rehabilitation

I '

f' -13-V?O __ A_dm


_ in_is_tta
_ to_r,_E_mp
-"--lo..c...
y_m_en_t_S_ecun
_ ·-ty-D
-' _i_V1S1
_· _
·o_
n_

Director,Departmentof Employment,Training&
t/-/tJ.• zo Rehabilitation
Dr. Tiffany G. Tyler-Gamer Date Title

APPROVEDBY BOARD OF EXAMINERS

Signature- Boardof Examiners

Date

Approved asto fonn by:

On:

Deputy Attorney Generalfor AttorneyGeneral Date

Form Provided by the Attomey General of the State of Nevada Effective 02/2017 -Reformatted: 01/2020 Page9of9
1C£1'UUJ17
[ ~~-UII .
J

IN WITNESSW!!E1!£01,,1!llO\WDe&
bm:m bo.•c aw.ood!hi<Cocm,u;tt,,bc~llld. i:m:DdlDbe l.cplly ix.md1h,,ool,y .

Alorfa,Inc.

~~~ 4/10/2020 ~Iller~ Offlcar


Tndq,emlc:ntCaomdcr'•Signal= nm: IDdopemlatta.m..tar'• Title

Department or Employment, Training and llduibllilatloa

~. Employmml Secmity Dmliou


Kimberiy s.Ou

14~
Of~ G. Tykr-Osmc<
t;_-/~.•2D
Ola,
Depa,m,:ut afBmploynxm. Tnin!nil4'
Diroc:tor,
R=bililltioa
Ti~

APPROVEDBY BOARDCJI'EXAMINERS

Signat=-Boanl ofllxmninen

On:

J):,!e

App,avM u 10 lorm by:

06o~f~u 1
·o,eyGt:ncruii:ltAttom,:yGmeni! -=
Ou:
/d ~ ~
Daiz:

Fonnl'r,,viddbytM,u,;,,,,,,,yO..on,/oftb,:St,,o,,:fN'"""1,, Ejf- 01/1()/7 -R,fon,,,,tlet/: 01/2010 Pt11r9of9


l'\llill.llllltllll""
CETS#23107
Reference#3422-21-ESD
Scopeof Work
• Aloricawill establishphonesupportfor the UI systemon Aprll 15th, 2020startingwith the equivalentof 100full
time employees.
• 15%of the employeewill be ableto assistclaimantsin Spanish.
• The Initial support requestfor the State of NevadaprogramIs 100 FTE.Shouldthe Stateof Nevadarequestthe
support FTEto changeAlorlcacanadjust+ or -10% over the courseof 7 days.If the support needor downsize
requestIs over 10%the Stateof Nevadawill be requiredto giveAlorica30 days'notice.
• Thestate will providetraining Information and guidanceto Aloriai by closeof businessApril 10th, 2020.
• Aloricawill usetheir phonetechnologyand wlll establish1-800numberto receivethe calls.
• Thestate of Nevadaunderstandsthat with the short timeframe Aloricawillneedto usetheir existingtalent
pool. In the likely eventthat we needadditional resourcesAlorlcawill useall reasonableresourcesto recruit
citizensfrom the GreatStateof Nevada.
• Thecontract end date IsDecember31", 2020,with the potential of extensionswith new guidanceor legislation.
• Alorlcawillprovidedally comprehensivecall reportingthat mirrors Nevada'sInternal reportswhich consistof:
o Averagecall talk time.
o Averagewait time.
o LongestWait time.
o Numberof abandonedcalls.
o Averagespeedto answer.
o Maximumtime to answer.
o Maximumtime abandonedcalls.
o Total time spenton calls.
o Averagetime spent on calls.
The reportswill be deliveredto Nevadaby 10:00a.m. PSTthe followingday to Aloricamail@detr.nv.gov.
• Thetype of supportwill likely changefrom lnformatlonalcallsto takingdaims for the PandemicUnemployment
AssistanceProgram(PUA).
• Thestate of Nevadawill providethe technologysolutionto take PUAclaims.
• Thestate of NevadaIn combinationwith Its vendor,providetrainingto AloricaStaffon the PUAtechnology
solution.
• EnglishHourlyRatewill be - $33.50
• Bi-LingualHourlyRatewill be-$35.50
• Trainingwill be billed at the samerate.
• OvertimeRate-1.5times the hourlyrate
• Payrollhourly rate assumesthat all agenttime while loggedin virtually is billable,Includingtalk time, hold time,
after call work, time spentwaiting for a call, breaks,coaching,developmentaltraining,team meetingsand other
NevadaDETRrelatedoff phonetime. A payroll hour doesnot Includepaidtime off, unpaidtime off, lunchesor
non-NevadaDETRrelatedtraining or meetings.
• Aloricawill not onboardany employeesthat havenot gonethroughthe e-Verlfyprocessin additionAlorlcawill
initiate criminal backgroundchecksand will removeany agentsthat do not passour standardbackground
process.Aloricawill not needto perform the full fingerprint federalbackgroundcheck.

• Initially the hoursof Operation:M-F8:00 a.m.-8:00p.m. PST,SaturdayandSunday8:00 a.m.-12:00p.m. PST


• PaymentTerms:Net 30 days
AttachmentBB
CETSfl:23107
Reference#3422-21-ESD

INSURANCEREQUIREMENTS:
Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged,
including any warranty periods under this Contract are satisfied, insurance against claims for injury to
persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the
indemnity covenants contained in this Contract. The State in no way warrants that the mlnlmum limits
contained herein are sufficient to protect the Contractor from liabilities that might arise out of the
performance of the work under this contract by the Contractor, his agents, representatives, employees or
subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

A. MINIMUMSCOPE'ANDLIMITS OF INSURANCE: Contractor shall provide coverage wilh limits of


liability not less than those stated below. An excess liability policy or umbrella liability policy may be
used to meet the minimum liability requirements provided that the coverage is written on a "following
form" basis.

1. CommercialGeneral Liability- OccurrenceFonn


Policy shall include bodily injury, property damage and broad form contractual llabillty coverage.
• General Aggregate $2,000,000
• Products - Completed Operations Aggregate $1,000,000
• Personal and Advertising·lnjury $1,000,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured language: ''The
State of Nevada shall be named as an additional insured with respect to liability arising out
of the activities performed by, or on behalf of the Contractor".

2. AutomobileLiability
Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the
performance of this Contract.
Combined Single Limit (CSL) $1,000,000

a. The policy shall be endorsed to include the following additional insured language: "The
State of Nevada shall be named as an additional Insured with respect to liability arising out
of the activities performed by, or on behalf of the Contractor, including automobiles owned,
leased, hired or borrowed by the Contractor''.

3. Worker'sCompensationand Employers'Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $100,000
Disease - Each Employee $100,000
Disease - Policy Limit $500,000
a. Policy shall contain a waiver of subrogation against the State of Nevada.
b. This requirement shall not apply when a contractor or subcontractor is exempt under
N.R.S., AND when such contractor or subcontractor executes the appropriate sole
proprietor waiver form.

4. ProfessionalLiability (Errors and OmissionsLlablllty)


The policy shall cover professional misconduct or lack of ordinary skill for those positions defined
In the Scope of Services of this contract.
Each Claim $1,000,000
AttachmentBB
CETS#23107
Reference#3422-21-ESD

Annual Aggregate $2,000,000


a. In the event that the professionalliability insurancerequired by this Contractis written on
a claims-madebasis, Contractorwarrants that any retroactivedate under the policy shall
precede the effective date of this Contract; and that either continuouscoverage will be
maintainedor an extendeddiscovery period will be exercisedfor a periodof two (2) years
beginningat the time work under this Contract is completed.

B. ADDITIONALINSURANCEREQUIREMENTS:The policiesshall include,or beendorsedto Include,


the following provisions:
1. On insurance policies where the State of Nevada, Departmentof Employment,Training and
Rehabilitationis named as an additional insured, the State of Nevada shall be an additional
insuredto the full limits of liability purchasedby the Contractoreven if those limits of llablllty are
in excess of those requiredby this Contract.
2 The Contractor's insurance coverage shall be primary insurance and non-contributorywith
respectto all other availablesources.

C. NOTICE OF CANCELLATION:Contractorshall for each insurancepolicy requiredby the insurance


provisionsof this Contract shall not be suspended,voided or canceledexcept after providingthirty
(30) days prior written notice been given to the State, except when cancellationis for non-payment
of premium,then ten (10) days prior notice may be given. Such notice shall be sent directlyto (State
of Nevada Representative'sName & Address). Should contractor fail to provide State timely
notice, contractorwill be considered in breach and subject to cure provisionsset forth within this
contract.

D. ACCEPTABILITY OF INSURERS: Insurance Is to be placed with insurers duly licensed or


authorizedto do business In the state of Nevada and with an "A.M. Besf' rating of not less than A-
Vll. The State in no way warrants that the above-requiredminimum insurer rating is sufficient to
protect the Contractorfrom potentialinsurer insolvency.

E. VERIFICATIONOF COVERAGE: Contractorshall furnish the Slate with certificatesof insurance


(ACORDform or equivalentapprovedby the State) as requiredby this Contract. The certificatesfor
each Insurancepolicy are to be signed by a personauthorizedby that insurerto bind coverageon Its
behalf.

All certificatesand any requiredendorsementsare to be receivedand approvedby the State before


work commences. Each insurancepolicy required by this Contract must be in effect at or prior to
commencementof work under this Contract and remain in effect for the duration of the project.
Failure to maintain the insurance policies as required by this Contract or to provide evidence of
renewal is a material breachof contract.

All certificatesrequired by this Contract shall be sent directlyto {StateAgency Representative's


Name and Address}. The State project/contractnumberand projectdescriptionshall be noted on
the certificateof insurance. The State reservesthe right to require complete,certifiedcopies of all
insurancepoliciesrequiredby this Contractat any time.

F. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractorsas additional


insureds under its policies or Contractor shall fum)sh to the State separate certificates and
endorsementsfor each subcontractor. All coverages for subcontractorsshall be subject to the
minimumrequirementsidentifiedabove.

G. APPROVAL: Any modificationor variationfrom the insurancerequirementsin this Contractshall be


made by the Risk ManagementDivision or the Attorney General's Office, whose decisionshall be
final. Such action will not require a formal Contractamendmentbut may be made by administrative
action.
AltBCllment C.:
•• • I• . I )

.Passion·
Performance·
Possibilities
...··· ··
·- 1

April 8, 2020

Dennis Perea
Deputy Director (DETR)

RE: Alorica Proposalfor Nevada DETR

Dear Dennis,

On behalf of Alorica's entire team, thank you for the opportunityto provide you with our solutionto support the
Nevada Departmentof Employment,Training and Rehabilitationfor Call Center Services.In our response,we
have focused our solutiontowardsyour specific needs to scale quickly and support your increasingdemandgiven
the current COVID-19conditions.

Since 1999,we have built a strong,flexible and global $2.2B customercare and processtransformationbusiness
allowing our agentsto focus excluslvelyon solving customers'Issueswith the best customerexperienceand
resolution possible.We are a privately held minority-ownedcompany,headquarteredIn lrvlne, CA with over
100,000employees.We have the largest U.S. footprint with over 65 locatfonsand a highly secure, scalableand
technically robust Work at Home programthat is ideally suited to addressthe COVJD-19conditionswe currently
face.

In recent weeks we have seamlesslymoved thousandsof agents into our Work at Home platformto the delight of
our clients and their customers. Our solution is tested, provenand ready to scale. First and foremost,we would
add agents at scale and as quicklyas possible to increasethe numberof calls answered,decreasethe wait time
and improve your overall answer rate. We have over 35,000 applicantssitting In our recruitingpipelinewhich we
can select from basedon your specific requirementsand the profile built for your program.As discussedon our
call on 4/6/20 we would leveragethe Work at Home platformand we would look to select and staff Nevada
residentsfirst in order to provide relief to the increasingNevada unemploymentrates.

Based on the Informationprovidedduring our call on 4/6/20 we have gatheredthe below cost proposalto support
your programwhile leveragingthe technology created and providedby GeoSol.

After reviewingthe details below, please let me know if you have additionalquestions.

We look forward to the opportunityto partner with you and your team in the coming days to pull togetherthe
contractualdetails and begin the recruitingprocess for your programso we can get the support in placefor your
program as soon as possible.

Aimee Ford
Vice Presidentof Sales
l·Ull:Uirllllt:J U t.,..,.
CETS#23107
Refetence#3422-21-ESD

COSTPROPOSAL
Alorlca is invested in a successfullaunch with Nevada DETR, and we are differentiatedby our inclusionof all
implementationcosts within our standardrates. This includesa dedicatedproject managerand a proven
Implementationmethodologybased on PMI principles. Other than new hire training,there are no other incremental
set-up costs. Alorioastrives to deliver transparent pricing that is inclusiveof all main aspects of the ongoing
services we provide, Includingall managementInfrastructure,technology,capacity,and process,except where
otherwisenoted. Our Project Management,Account Management,Virtual Leadership,HR Recruiting,Screening,
Hiring and IT Desktop Support Servicesare all rolled into our rate, and there are no added up-front implementation
costs. Comparingrates is one thing - comparingwhat's "IN" the rate is where the differencein price from one
supplierto another exists.

Alorica is pleasedto provide our pricing and assumptionsfor the proposedscope of work providedby Nevada
DETR.We have providedpayroll hour pricing along with the Initial training rates for the launch of the program.

Payroll Hourly Rate English-$33.50

Payroll Hourly Rate Bi-lingual-$35.50

Trainingto be billed at the payroll hourly rate of $33.50 or $35.50

Overtime Rate- 1.5 times the hourly rate

Initial Training Cost 100 FTE for 2 weeks (85% English/15%Bl-lingual}• $270,400

EstimatedMonthlyCost 100 FTE (85% English/15%Bi-lingual) - $527,280

Payroll hourly rate assumes that all agent time while logged In virtually is billable, includingtalk time, hold time,
after call work, time spent waiting for a call, breaks, coaching, developmentaltraining,team meetingsand other
Nevada DETRrelated off phone time. A payroll hour does not include paid time off, unpaid time off, lunches or
non-NevadaDETR related training or meetings

AssumptionsAppliedto Pricing:
Technology moduleto be providedby GeoSol

Connectionto modulesvia Internetconnection

Calls to be directedto Alorica via toll free number

Product Training: 2 weeks {we can adjust if shorter)


Hours of Operation: M-F 8:00 a.m.-10:00p.m. PST, Saturdayand Sunday8:00 a.m.- 5:00 p.m. PST
Bi-lingual percentage is just an estimate.We can absolutelyadjust the percentageup or down.
COVID-19 Support Contract Length-We are partneringwith the Statesto providea shorter contractlength
typically a quarterly contractthat can be reviewed and revisedjointly as neededgiven many of the unknowns
during these challengingtimes.
Payment Terms: Net 30 days

• • • ••••• ••••• • ••• ••• • • ••••• ••••• •••• • ••••• •• ••• • • ••••• •• • • • ••• ••• • •••• • •• •• ••••••••• • ••••••••••••..,a •••••••••••••••••••• •••••

alor1ca for:Nevada
Prepared DETR I
Proprietary
& Confidential 1
PaSBIDn
Perlt,mrnra,-l'm,lblU11es
Attaehment
DD
CETS#23107
Rsfentnce##3422-21-ESD

ContractProvisionsfor Non-FederalEntity Contracts Under FederalAwards


(In accordancewith 2 C.F.R. Part 200, AppendixII)

In additionto otherprovisionsrequiredby the Federalagencyor non-Federalentity,all contractsmadeby


the non-Federalentityunderthe Federalawardmustcontainprovisionscoveringthe following,as
applicable.

(A) Contractsfor morethan the simplifiedacquisitionthresholdcurrentlyset at $150,000,whichis the


inflationadjustedamountdetennlnedby the CMlianAgencyAcquisitionCouncilandthe Defense
AcquisitionRegulationsCouncil(Councils)as authorizedby 41 U.S.C.1908,mustaddress
administrative,contractual,or legal remediesIn instanceswherecontractorsviolateor breachcontract
terms,and providefor such sanctionsand penaltiesas appropriate.

(B)All contractsin excessof$10,000 mustaddresstenninatlonfor causeandfor convenienceby the


non-FederalentityIncludingthe mannerby which It will be effectedandthe basisfor settlement.

(C) EqualEmploymentOpportunity.Exceptas otherwiseprovidedunder41 CFR Part60, all contracts


that meetthe definitionof '"federaUy
assistedconstructioncontracr In 41 CFR Part 60-1.3mustInclude
the equalopportunityclauseprovidedunder41 CFR60-1.4(b),In accordancewith ExecutiveOrder
11246,•equal EmploymentOpportunity"(30 FR 12319,12935,3 CFR Part, 1964-1965Comp.,p. 339),
as amendedby ExecutiveOrder 11375,"AmendingExecutiveOrder11246Relatingto Equal
EmploymentOpportunity,·and implementingregulationsat 41 CFR part60, "Officeof FederalContract
CompliancePrograms,EqualEmploymentOpportunity,Departmentof Labor."

(D) Davis-BaconAct, as amended{40 U.S.C.3141-3148).Whenrequiredby Federalprogramlegislation,


all primeconstructioncontractsIn excessof $2,000awardedby non-Federalentitlesmustincludea
provisionfor compliancewith the Davis-BaconAct (40 U.S.C.3141-3144,and 3146-3148)as
supplementedby Deparbnentof Laborregulations(29 CFR Part5, "LaborStandardsProvisions
Applicableto ContractsCoveringFederallyFinancedandAssistedConstruction·).In accordancewith the
statute,contractorsmustbe requiredto pay wagesto laborersand mechanicsat a rate not less thanthe
prevalllngwagesspecifiedIn a wagedetennlnatlonmadeby the Secretaryof Labor.In addition,
contractorsmustbe requiredto paywagesnot less than oncea week.The non-Federalentitymustplace
a copyof the currentprevailingwage detennlnatlonIssuedby the Departmentof LaborIn each
sollcltaUon.The decisionto awarda contractor subcontractmustbe conditioneduponthe acceptanceof
the wagedetermination.The non-Federalentity mustreportall suspectedor reportedviolationsto the
Federalawardingagency.The contractsmust.alsoIncludea provisionfor compliancewith the Copeland
"Anti-Kickback"Act (40 U.S.C.3145),as supplementedby Departmentof Leborregulations(29 CFRPert
3, "Contractorsand Subcontractors on PublicBuildingor PublicWorkFinancedin Wholeor in Partby
Loansor Grantsfrom the UnitedStates").The Act providesthat eachcontractoror subrecipientmustbe
prohibitedfrom Inducing,by any means,any personemployedIn the construction,completion,or repairof
publicwork,to give up any part of the compensationto whichhe or she Is otherwiseentitled. The non-
Federalentitymustreport ansuspectedor reportedviolationsto the Federalawardingagency.

(E) ContractWork HoursandSafetyStandardsAct (40 U.S.C.3701-3708).Whereapplicable,all


contractsawardedby the non-Federalentity In excessof $100,000that Involvethe employmentof
mechanicsor laborersmustIncludea provisionfor compliancewith 40 U.S.C.3702and 3704,as
supplementedby Departmentof Laborregulations(29 CFR Part5). Under40 U.S.C.3702of the Act.,
eachcontractormustbe requiredto computethe wagesof everymechanicand laboreron the basisof a
standardworkweekof 40 hours.WorkIn excessof the standardworkweekIs permissibleprovidedthat
the workerIscompensatedat a rate of not less than one and a halftimesthe basicrate of pay for an
hoursworkedIn excessof 40 hoursIn the work week.The requirementsof 40 U.S.C.3704are applicable
to constructionwork and providethat no laboreror mechanicmustbe requiredto workIn surroundingsor
Source: h , ,s://www. •· ,o. ov/fdsvs/cranule/CFR-2014 -title2-voll/CFR-2014-title2-voll- ,art200/content--0.etail.html
RevisedDate: 01/01/14
Last CheckedDate: 03/02/2020
AttachmentDD
CETS#23107
Rererence#,0422-21-ESD

underworkingconditionswhich are unsanitary,hazardousor dangerous.These requirementsdo not


applyto the purchasesof suppliesor materialsor articlesordinarilyavailableon the openmarket,or
contractsfor transportationor transmissionof Intelligence.

(F) Rightsto InventionsMadeUndera Contractor Agreement.If the Federalawardmeetsthe definition


of "fundingagreement"under37 CFR § 401.2 (a) andthe recipientor subreclplentwishesto enterInto a
contractwith a small businessfinn or nonprofitorganizationregardingthe substitutionof parties,
assignmentor performanceof experimental,developmental,or researchwork underthat "funding
agreement,"the recipientor subreclplentmust complywith the requirementsof 37 CFRPart401, "Rights
to InventionsMadeby NonprofitOrganizationsand SmallBusinessFirmsUnderGovernmentGrants,
Contractsand CooperativeAgreements,"and any lmplementlngregulationsIssuedby the awarding
agency.

(G) CleanAfr Act (42 U.S.C.7401-7671q.)and the FederalWaterPollutionControlAct (33 U.S.C.1251-


1387),as amended-Contractsand subgrantsof amountsIn excessof $150,000mustcontaina
provisionthat requiresthe non-Federalawardto agreeto complywith all applicablestandards,ordersor
regulationsIssuedpursuantto the CleanAir Act (42 U.S.C.7401-7671q)end the FederalWaterPollutlon
ControlAct as amended(33 U.S.C.1251-1387).Violationsmust be reportedto the Federalawarding
agencyand the RegionalOffice of the EnvironmentalProtectionAgency(EPA).

(H) Mandatorystandardsand policiesrelatingto energyefficiencywhichare containedIn the stateenergy


conservationplan Issuedin compliancewith the EnergyPolicyand ConservationAct (42 U.S.C.6201).

(I) Debarmentand Suspension(ExecutiveOrders12549and 12689)--Acontractaward(see2 CFR


180.220)mustnot be madeto parties listedon the govemmentwldeExcludedPartiesUst SystemIn the
Systemfor Award Management(SAM),In accordancewith the 0MB guidelinesat 2 CFR 180that
ImplementExecutiveOrders12549(3 CFR Part 1986Comp.,p. 189)and 12689(3 CFR Part 1989
Comp.,p. 235),"Debarmentand Suspension."The ExcludedPartiesList SystemIn SAMcontainsthe
namesof partiesdebarred,suspended,or otherwiseexcludedby agencies,as well as partiesdeclared
lnellglbleunderstatutoryor regulatoryauthorityotherthan ExecutiveOrder 12549.

(J) ByrdAnti-LobbyingAmendment(31 U.S.C.1352}-Contractorsthat apply or bid for an awardof


$100,000or moremustfile the requiredcertification.Eachtier certifiesto the tier abovethat It will not and
has not used Federalappropriatedfunds to pay any personor organizationfor influencingor attempting
to Influencean officeror employeeof any agency,a memberof Congress,officeror employeeof
Congress,or an employeeof a memberof CongressIn connectionwith obtainingany Federalcontract,
grantor any otherawardcoveredby 31 U.S.C.1352.Each tier must also discloseany lobbyingwith non-
Federalfundsthat takes placein connectionwith obtainingany Federalaward.Suchdisclosuresare
forwardedfrom tier to tier up to the non-Federalaward

(K} See § 200.322Procurementof recoveredmaterials

Source: b 11>s://www.;,;po.l!Ov/fds, s/e1anule/CFR-20 l 4-title2-vol l /CFR-2014-title2-voll-1!!Y1200/cont!m!.-detail.html


RevisedDate: 01/01/14
Last CheckedDate: 03/02/2020

Potrebbero piacerti anche