28 CFR 70.48 - Contract provisions.

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§ 70.48 Contract provisions.
The recipient must include, in addition to provisions to define a sound and complete agreement, the following provisions in all contracts. The following provisions must also be applied to subcontracts.
(a) Contracts in excess of the small purchase threshold must contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provide for such remedial actions as may be appropriate.
(b) All contracts in excess of the small purchase threshold must contain suitable provisions for termination by the recipient, including the manner by which termination must be effected and the basis for settlement. In addition, such contracts must describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.
(c) Except as otherwise required by statute, an award that requires the contracting (or subcontracting) for construction or facility improvements must provide for the recipient to follow its own requirements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or subcontracts exceeding $100,000, the Department may accept the bonding policy and requirements of the recipient, provided the Department has made a determination that the Federal Government's interest is adequately protected. If such a determination has not been made, the minimum requirements are to be as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder must, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.
(2) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract.
(4) Where bonds are required in the situations described herein, the bonds must be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, “Surety Companies Doing Business with the United States.”
(d) All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients must include a provision to the effect that the recipient, the Department, the Comptroller General of the United States, or any of their duly authorized representatives, must have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.
(e) All contracts, including small purchases, awarded by recipients and their contractors must contain the procurement provisions of appendix A to this part as applicable.

Title 28 published on 2013-07-01

no entries appear in the Federal Register after this date.

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United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3711 - Establishment of Office of Justice Programs

§ 3712 - Duties and functions of Assistant Attorney General

§ 3712a - Office of Weed and Seed Strategies

§ 3712b - Weed and Seed strategies

§ 3712c - Inclusion of Indian tribes

§ 3712d - Transferred

§ 3712e - Community Capacity Development Office

§ 3712f - Division of Applied Law Enforcement Technology

§ 3712g - Availability of funds

§ 3712h - Office of Audit, Assessment, and Management

§ 3713 - State grant program for training and prosecution of computer crimes

§ 3713a - Local law enforcement grants

§ 3713b - Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes

§ 3713c - Additional funding for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers

§ 3713d - Annual reports

§ 3714 - Grant program for State and local domestic preparedness support

§ 3714a - Grants to States for threat assessment databases

§ 3715 - Office of Justice Programs grants, cooperative agreements, and contracts

§ 3715a - Consolidation of financial management systems of Office of Justice Programs

§ 3716 - Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

§ 3716a - Grant program

§ 5601 - Findings

§ 5602 - Purposes

§ 5603 - Definitions

§ 10601 - Crime Victims Fund

§ 10602 - Crime victim compensation

§ 10603 - Crime victim assistance

§ 10603a - Child abuse prevention and treatment grants

§ 10603b - Compensation and assistance to victims of terrorism or mass violence

§ 10603c - Compensation to victims of international terrorism

§ 10603d - Crime victims legal assistance grants

§ 10603e - Crime victims notification grants

§ 10604 - Administrative provisions

§ 10605 - Establishment of Office for Victims of Crime

§ 10606 - Repealed.

§ 10607 - Services to victims

§ 10608 - Closed circuit televised court proceedings for victims of crime