Additional Terms Applicable to Federally-Funded Contractors

The following certifications and provisions (collectively, “Additional Terms”) are required and apply when Arts Midwest expends federal funds for any contract. Accordingly, the parties agree that the following Additional Terms apply to the contract between Arts Midwest and Contractor in all situations where Contractor has been paid or will be paid with federal funds. To the extent of any inconsistency between the terms of the contract and these Additional Terms, these Additional Terms shall control.

1. Remedies for Breach of Contract. Arts Midwest reserves all rights and privileges under applicable laws and regulations with respect to this contract in the event of breach of contract by Contractor.
2. Termination for Cause and Convenience. Arts Midwest reserves the right to immediately terminate any contract in the event of a breach or default of the contract by Contractor due to Contractor’s failure to: (1) meet schedules, deadlines, and/or delivery dates within the times specified in the contract, (2) make any payments owed, or (3) otherwise perform in accordance with the contract. Arts Midwest also reserves the right to terminate the contract immediately with written notice to Contractor, for convenience, if Arts Midwest believes, in its sole discretion, that it is in the best interest of Arts Midwest to do so. Contractor will be compensated for work performed and accepted and goods accepted by Arts Midwest as of the termination date if the contract is terminated. This contract is not exclusive and Arts Midwest reserves the right to purchase goods and services from other contractors.
3. Non-Discrimination Policies. Contractor certifies that it will comply with applicable provisions of national laws and policies prohibiting discrimination, including, but not limited to:
   • (a) Title VI of the Civil Rights Act of 1964, as amended, and implemented by the National Endowment for the Arts at 45 U.S.C. 1110, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, Title VI also extends protection to persons with limited English proficiency (LEP) (42 U.S.C. 2000d et seq.) and requires reasonable steps to ensure that LEP persons have meaningful access to Contractor’s programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary.
   • (b) Title IX of the Education Amendments of 1972, as amended, which provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving federal financial assistance (20 U.S.C. 1681 et seq.).
   • (c) The Age Discrimination Act of 1975, as amended, which provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance (42 U.S.C. 6101 et seq.).
   • (d) The Americans with Disabilities Act of 1990 (ADA), as amended, which prohibits discrimination on the basis of disability In employment (Title I); state and local government services (Title II); and places of public accommodation and commercial facilities (Title III) (42 U.S.C. 12101-12213).
   • (e) Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of their disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance (29 U.S.C. 794).
4. Debarment and Suspension Certification.  Contractor certifies that neither it nor its principals:
   • (a)  is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;
   • (b) has, within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with a public (federal, state, or local) transaction or contract under a public transaction; for violation of federal or state antitrust statutes; or for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
   • (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in paragraph (b) of this section; or
   • (d)  has within a three-year period preceding this proposal had any public transactions terminated for cause or default.
   • (e)  Contractor further certifies that it will include this section without modification in all lower tier covered transactions (excluding contracts under $25,000), solicitations, and proposals.
5. Prohibition on Contracting for Covered Telecommunications Equipment or Services (2 C.F.R. 200.216).
   • (a)        For purposes of this section, “covered telecommunications equipment or services” means the following:
     • (i)  telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
     • (ii) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
     • (iii) telecommunications or video surveillance services provided by such entities or using such equipment;
     • (iv) telecommunications or video surveillance or equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
   • (b) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 
   • (c) Unless an exception in paragraph (c) of this section applies, Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the federal government to:
     • (i)  Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
     • (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;  
     • (iii)  Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
     • (iv)  Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
   • (d)  This section does not prohibit Contractor from providing:
     • (i)  A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements
     • (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles;
     • (iii) Covered telecommunications equipment or services that are not used as a substantial or essential component of any system and are not used as critical technology of any system; or
     • (iv) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
   • (e) Reporting requirement.
     • (i)  In the event Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or Contractor is notified of such by a subcontractor at any tier or by any other source, Contractor shall report the information in paragraph (e)(ii) of this section to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
     • (ii) Contractor shall report the following information pursuant to paragraph (e)(i) of this section:
       • Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
       • Within ten business days of submitting the information in paragraph (e)(ii) of this section: any further available information about mitigation actions undertaken or recommended. In addition, Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
   • (f) Subcontracts. Contractor shall insert the substance of this section, including this paragraph (f), in all subcontracts and other contractual instruments.
6. Domestic Preferences for Procurements (2 C.F.R. 200.322). As appropriate, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this section:
   • (a) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
   • (b) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
7. Rights to Inventions Made Under a Contract or Agreement. All transactions regarding this contract shall be done in compliance with the requirements of 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.