Code No. 800 Buildings & Sites

Code No. 800 Objectives of Buildings and Sites

This series of the board policy manual sets forth the board objectives and goals for the school district’s buildings and sites.  It shall be the goal of the board to provide sufficient school district buildings and sites for the education program.  The board shall strive to provide an environment which will encourage and support learning.

In providing this environment the school district buildings and sites will accommodate the organizational and instructional patterns that support the education program.  The board shall have final authority to determine what is necessary to meet the needs of the education program.  This includes selection of sites, employment of personnel, contracting for services, approval of plans, authorization and acceptance of bids, and payment of work performed on contractual agreements.  The board also has final acceptance or rejection of work done.

It shall be the responsibility of the superintendent to oversee the day-to-day operations of the school buildings and sites and to notify the board of areas in need of improvement.  The superintendent shall be responsible for organizing and coordinating the efforts of the various individuals and groups to best achieve the established educational objectives of the building program by making recommendations to the board.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.1 Buildings & Sites Long-Range Planning

As part of the board’s long-range plan for the school district’s education program, the board shall include the buildings and sites needs for the education program.  The long-term needs for building and sites shall be discussed and determined by the board.

It shall be the responsibility of the superintendent to provide information including, but not limited to, enrollment projections and education program requirements to the board.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.2 Buildings & Sites Surveys

The board may engage the services of consultants or other personnel to study the needs of the school district’s buildings and sites in providing the education program.  The results of these services will be considered in planning the education program and in making decisions about the improvement and acquisition of additional buildings and sites.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for such services and who should perform such services for the board.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.3 Educational Specifications for Buildings & Sites

Buildings and sites considered for purchase or construction by the board or currently owned by the school district and used for the education program must meet, or upon improvement be able to meet, the specifications set by the board.  The board shall make this determination.

Prior to remodeling or other construction of buildings and sites, the board may appoint a committee of consultants, employees, citizens or others to assist the board in developing the specifications for the new or improved buildings and sites.  These specifications shall be consistent with the education program, and they shall provide the architect with the information necessary to determine what is expected from the facility.  It shall be within the discretion of the board to determine whether a committee shall be appointed.

The education specifications shall include, but not be limited to, the financial resources available for the project, the definition and character of classrooms, the functional use to be made of the rooms, description of specialized needs, and other pertinent information as the board deems necessary.

Architects shall be interviewed and selected by the board.  The superintendent shall provide architects with educational specifications, financial data, and other pertinent information necessary to the architect’s planning.  The architect shall make revisions to the plans until consensus of opinion is reached and approval is given by the board.  The architect will present the final construction specifications to the board for its approval prior to advertisement for bids.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the specifications of buildings and sites.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.4 Site Acquisition

Sites acquired by the board shall meet or, upon improvement, be able to meet the specifications set out by the board prior to using the site for the education program.  The board may meet in closed session to discuss potential purchases of sites.

It shall be the responsibility of the superintendent to assist the board and to make recommendations concerning the acquisition of sites.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.5 Award of Construction Contracts

The board supports economic development in Iowa, particularly in the school district community.  Purchases by the school district shall be made in Iowa for Iowa goods and services from locally-owned businesses located within the school district or from Iowa-based companies which offer goods or services if the cost and other considerations are relatively equal and they meet the required specifications.

Public, competitive sealed bids are required for construction projects, including renovation and repair, with a cost exceeding the statutory minimums required by law.  The public, competitive sealed bid requirement is waived in the case of emergency repairs when the repairs are necessary to prevent the closing of a school.  The AEA administrator shall certify that the emergency repairs are necessary to prevent the closing of a school.  The superintendent will comply with the competitive quotation process for those projects subject to the competitive quotation law.  The superintendent will determine the process for obtaining quotations for projects below the competitive quotation limit.  The superintendent shall recommend to the board a quotation for the project for approval subject to the legal requirements governing the award of contracts based upon quotations.

The award of construction contracts will, generally, be made to the lowest responsive, responsible bid or quotation.  The board, in its discretion, after considering factors relating to the construction, including, but not limited to, the cost of the construction, availability of service and/or repair, completion date, and any other factors deemed relevant by the board, may choose a bid or quotation other than the lowest bid or quotation.  The board shall have the right to reject any or all bids or quotations, or any part thereof, to waive informalities, and to enter into the contract or contracts deemed to be in the best interests of the school district.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding which bid or quotation to accept and the reason for the superintendent’s recommendation.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 801.51R Award of Construction Contracts Procedure

The Intestate 35 Community School District Board Policy 801.51R--Award of Construction Contracts Procedure is linked below.

Code No. 801.6 Financing Sites and Construction

The board shall, as needed, use any means of financing construction and site purchases provided for under the Iowa Code.  The board may also use money received from gifts, donations, and bequests and money derived from the sale of school buildings and/or sites.

 

Approved: January 18. 1999

Revised/Reviewed: November 25, 2019

Code No. 802.1 Maintenance Schedule

The school district buildings and sites, including the grounds, buildings, and equipment, will be kept clean and in good repair.  Employees should notify the building principal when something is in need of repair or removal, including graffiti.

It shall be the responsibility of the superintendent, in cooperation with administration, faculty, and maintenance personnel, to maintain the school district buildings and sites.  As part of this responsibility, a maintenance schedule shall be created and adhered to in compliance with this policy.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 802.2 Requests for Improvements

Generally, except for emergency situations, requests for improvements or repairs shall be made to the superintendent by building principals and the head custodian.  Requirements for requests outlined in the maintenance schedule shall be followed.

The superintendent may approve minor improvements, not exceeding a cost of $5,000.  The board must approve improvements exceeding $5,000.  Routine maintenance and repairs outlined in the maintenance schedule shall be followed.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

 

Code No. 802.3 Emergency Repairs

In the event of an emergency requiring repairs in excess of the statutory minimums required by law, to a school district facility are necessary to correct or control the situation and to prevent the closing of school, the provisions relating to bidding shall not apply.

It shall be the responsibility of the superintendent to obtain certification from the area education agency administrator stating such repairs were necessary to prevent the closing of school.

It shall be the responsibility of the superintendent to notify the board as soon as possible considering the circumstances of the emergency.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 802.4 Buildings and Sites Adaptation for Persons with Disabilties

The board recognizes the need for access to its buildings and sites by persons with disabilities.  School district buildings and sites currently in use will be altered to be accessible to persons with disabilities unless the alteration would cause an undue hardship for the school district.  Renovated and new buildings and sites shall be accessible to persons with disabilities.

It is the responsibility of the superintendent, upon board approval, to take the necessary action to ensure school district buildings and sites are accessible to persons with disabilities.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 802.5 Vandalism

The board believes everyone should treat school district buildings and sites and property with respect for the benefit of the education program.  Users of school district property shall treat it with care.  Employees discovering vandalism should report it to the building principal as soon as possible.

Persons suspected, found or proven to have destroyed or otherwise harmed school district property may be subject to discipline by the school district. If the person is under the jurisdiction of the school district, they may be reported to local law enforcement officials.  Persons who are not under the jurisdiction of the school district and who are suspected, found or proven to have destroyed or otherwise harmed school district property shall be reported to the local law enforcement authorities.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 802.6 Energy Conservation

In concert with the board’s goal to utilize public funds in an effective and efficient manner, employees and students shall practice energy conservation methods when utilizing the school district’s buildings and sites.  These methods include, but are not limited to, turning off lights and equipment when not in use, appropriately regulating the temperature of the facility, particularly when it is not in use, and keeping windows and doors properly closed or open, depending upon weather conditions.

It shall be the responsibility of the superintendent to develop energy conservation guidelines for employees and students.  Employees and students shall abide by these guidelines.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 803.1 Disposition of Equipment

 

School property, such as equipment, furnishings or supplies or any other property that is not real property (hereinafter equipment), will be disposed of when it is determined to be of no further use to the school district.  It shall be the objective of the school district in disposing of the equipment to achieve the best available price or most economical disposal.

Equipment having a value of less than $5,000 shall be disposed of by the superintendent or designee at the best price possible.  However, the sale of equipment disposed of in this manner will be published in a newspaper of general circulation.  The publication of the sale will be published with at least one insertion each week for two consecutive weeks.

A public hearing shall be held regarding the disposal of equipment with a value of $5,000 or more prior to the board’s final decision.  The board will adopt a resolution announcing the proposed disposal and will publish notice of the time and place of the public hearing.  A description of the property will be in the resolution.  Notice of the public hearing will be published at least once, but not less than ten days and not more than twenty days prior to the hearing date.  Upon completion of the public hearing, the board may make a final determination on the proposal contained in the resolution.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the method for disposing of equipment of no further use to the school district.

Proceeds from the sale or disposition of equipment shall be placed in the general fund.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 803.2 Lease, Sale or Disposal of School District Buildings and Sites

The board shall make decisions regarding the lease, sale or disposal of school district real property.  In making its decision the board will consider the needs of the education program and the efficient use of public funds.

Prior to the board’s final decision regarding real property, a public hearing shall be held.  The board shall adopt a resolution announcing the proposed sale which shall contain notice of the time and place of the public hearing and the description of the property or locally known address.  Notice of the time and place of the public hearing shall be published at least once, but not less than ten days and not more than twenty days, prior to the hearing date.  Upon completion of the public hearing, the board may dispose of the property.

If the real property contains less than two acres, is located outside of a city, is not adjacent to a city, and was previously used as a schoolhouse site, the property may revert to the owner of the tract from whom the property was taken following the procedures set forth in Iowa law.

In the case of the demolition of a school district facility or structure, the board will follow all applicable laws regarding competitive bidding for the demolition project.

The superintendent shall be responsible for coordinating the action necessary for the board to accomplish the lease, sale or disposal of school district real property, including student-constructed buildings.  It shall also be the responsibility of the superintendent to make a recommendation to the board regarding the use of school district real property not being utilized for the education program.

Proceeds from the disposition of real property will be placed in the school district’s physical plant and equipment levy fund.  Proceeds from the lease of real property will be placed in the school district’s general fund.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 804.05 Stock Prescription Medication Supply

The Interstate 35 Community School District seeks to provide a safe environment for students, staff, and visitors who are at risk of potentially life-threatening incidents including severe allergic reactions, respiratory distress and opioid overdose. Therefore, it is the policy of the district to annually obtain a prescription for epinephrine auto-injectors, bronchodilator canisters and spacers and/or opioid antagonists from a licensed health care professional, in the name of the school district, for administration by a school nurse or personnel trained and authorized to administer to a student or individual who may be experiencing an anaphylactic reaction, respiratory distress or acute opioid overdose. 

Procurement and maintenance of supply: The district shall stock a minimum of the following for each attendance center: [select supply of stock medication district will voluntarily provide]

  • One pediatric dose and one adult dose epinephrine auto-injector;
  • One pediatric and one adult dose bronchodilator canister and spacer; 
  • One dose naloxone or other opioid antagonist. 

The supply of such medication shall be maintained in a secure, easily accessible area for an emergency within the school building, or in addition to other locations as determined by the school district.

The certified school nurse shall routinely check stock of medication and document in a log monthly: 

  • The expiration date; 
  • Any visualized particles or color change for epinephrine auto-injectors; or 
  • Bronchodilator canister damage. 

The employee shall be responsible for ensuring the district replaces, as soon as reasonably possible, any logged epinephrine auto-injector bronchodilator canister or spacer or opioid antagonist that is empty after use, damaged or, close to expiration.  The district shall dispose of stock medications and delivery devices in accordance with state laws and regulations. 

Training: A school nurse or personnel trained and authorized may provide or administer any of the medication listed in this policy from a school supply to a student or individual if the authorized personnel or school nurse reasonably and in good faith believes the student or individual is having an anaphylactic reaction, respiratory distress, asthma or other airway-constricting disease, or opioid overdose. Training to obtain a signed certificate to become personnel authorized to administer an epinephrine auto-injector, bronchodilator canister or spacer or opioid antagonist shall consist of the requirements of medication administration established by law and an annual anaphylaxis, asthma, other airway-constricting disease, opioid overdose training program approved by the Department of Education. 

Authorized personnel will be required to retake the medication administration course, training program and provide a procedural skills demonstration to the school nurse demonstrating competency in the administration of stock epinephrine auto-injectors, bronchodilator canister or spacer or opioid antagonists to retain authorization to administer these medications if the following occur: 

  • Failure to administer an epinephrine auto-injector, bronchodilator canister or spacer or opioid antagonist according to generally accepted standards of practice (“medication error”); or 
  • Accidental injection injury to school personnel related to improperly administering the medication (“medication incident”).  

Reporting: Authorized personnel will contact the school nurse or emergency medical services (911) immediately after a stock bronchodilator canister is administered to a student or individual.  The school nurse retains accountability for professional nursing judgment with the administration of stock bronchodilator and whether to contact emergency medical services in accordance with Iowa laws.

The district will contact emergency medical services (911) immediately after a stock epinephrine auto-injector, or stock opioid antagonist is administered to a student or individual. The school nurse or authorized personnel will remain with the student or individual until emergency medical services arrive. 
Within 48 hours, the district will report to the Iowa Department of Education: 

  • Each medication incident with the administration of stock epinephrine, bronchodilator canister or spacer, or opioid antagonist; 
  • Each medication error with the administration of stock epinephrine, bronchodilator canister or spacer, or opioid antagonist; or 
  • The administration of a stock epinephrine auto-injector, bronchodilator canister or spacer, or opioid antagonist. 

As provided by law, the district, board, authorized personnel or school nurse, and the prescriber shall not be liable for any injury arising from the provision, administration, failure to administer, or assistance in the administration of an epinephrine auto-injector, bronchodilator canister or spacer, or opioid antagonist provided they acted reasonably and in good faith. 

The superintendent may develop an administrative process to implement this policy. 

 

Approved:  April 22, 2024
Revised/Reviewed:

Code No. 804.05E1 Parental Authorization and Release Form

PARENTAL AUTHORIZATION AND RELEASE FORM FOR THE ADMINISTRATION OF A VOLUNTARY SCHOOL SUPPLY OF STOCK MEDICATION FOR LIFE THREATENING INCIDENTS

 

________________________________        __/__/__          _______________    __/__/__

Student's Name (Last), (First), (Middle)        Birthday                      School             Date

The district seeks to provide a safe environment for students, staff, and visitors who are at risk of potentially life-threatening incidents. The district supplies the following prescription medications for life threatening incidents that are listed below. Generic brands may be substituted, (select all that apply):

• Epinephrine auto-injectors

• Bronchodilator

• Bronchodilator Canisters and Spacers

• Opioid Antagonist

Pursuant to state law, the school district or and its employees are to incur no liability for any injury arising from the provision, administration, failure to administer, or assistance in the administration of the selected prescription medications supplied by the school for life threatening incidents provided they have acted reasonably and in good faith.

The parent or guardian shall sign consent for the student to receive the voluntary school supply of stock medication listed for life threatening incidents and sign a statement acknowledging that the school district is to incur no liability as a result of administration of a prescription medication for life threatening incidents provided the school district to have acted reasonably and in good faith. Electronic signature meets the requirement of written signature.

• I request the above-named student be administered the voluntary stock supply of prescription medication, in the name of the school district, by a school nurse or personnel trained and authorized to administer to a student who acting reasonably and in good faith perceives the student may be experiencing symptoms associated with a life threatening incident following the administration instructions listed as identified in the required annual awareness training associated with the stock medication(s) above and after completion of the medication administration course requirements

• I understand the school district and its employees acting reasonably and in good faith shall incur no liability as a result of administration of the prescription medication(s) for life

threatening incidents provided the school district to have acted reasonably and in good faith.

_______________________________________________________________________

Parent/Guardian Signature                                          Date

(agreed to the above statement)

 

 

Code No. 804.05E1 Parental Authorization and Release Form for the Administration of a Voluntary School Supply of Stock Medication for Life Threatening Incidents

________________________________        __/__/__          _______________    __/__/__

Student's Name (Last), (First), (Middle)        Birthday                      School             Date

The district seeks to provide a safe environment for students, staff, and visitors who are at risk of potentially life-threatening incidents. The district supplies the following prescription medications for life threatening incidents that are listed below. Generic brands may be substituted, (select all that apply):

• Epinephrine auto-injectors

• Bronchodilator

• Bronchodilator Canisters and Spacers

• Opioid Antagonist

Pursuant to state law, the school district or and its employees are to incur no liability for any injury arising from the provision, administration, failure to administer, or assistance in the administration of the selected prescription medications supplied by the school for life threatening incidents provided they have acted reasonably and in good faith.

The parent or guardian shall sign consent for the student to receive the voluntary school supply of stock medication listed for life threatening incidents and sign a statement acknowledging that the school district is to incur no liability as a result of administration of a prescription medication for life threatening incidents provided the school district to have acted reasonably and in good faith. Electronic signature meets the requirement of written signature.

• I request the above-named student be administered the voluntary stock supply of prescription medication, in the name of the school district, by a school nurse or personnel trained and authorized to administer to a student who acting reasonably and in good faith perceives the student may be experiencing symptoms associated with a life threatening incident following the administration instructions listed as identified in the required annual awareness training associated with the stock medication(s) above and after completion of the medication administration course requirements

• I understand the school district and its employees acting reasonably and in good faith shall incur no liability as a result of administration of the prescription medication(s) for life

threatening incidents provided the school district to have acted reasonably and in good faith.

_______________________________________________________________________

Parent/Guardian Signature                                          Date

(agreed to the above statement)

Code No. 804.07 Radon Mitigation

The district recognizes the importance of providing healthy learning environments for students, employees and community members in district buildings.  The district will take appropriate measures as required by law to assess radon levels in attendance centers and provide for mitigation or other measures where appropriate.

It is the responsibility of the superintendent to create administrative regulations necessary to carry out this policy.  

 

Approved: April 22, 2024

Revised/Reviewed:

Code No. 804.07.R.1 Radon Mitigation Regulation

The district will create and the board will approve a plan to assess levels of radon gas present in district attendance centers.  Funding for any costs related to radon testing or mitigation will be paid from the state school foundation aid received to the district or from revenues received from the Secure an Advanced Vision for Education fund.

Each district attendance center will undergo a short-term test for the presence of radon gas at least once by July 1, 2027.  Short-term test means a test using a device that remains in an area for two to seven days to determine the amount of radon in the air. Repeated short-term testing will occur every five years following the date of the first test. 

Radon testing will be performed by an individual certified to conduct such testing pursuant to Iowa Code section 136B.1 or by district employees who have completed a school radon testing training program approved by the Iowa Department of Education and the Iowa Department of Public Health.

If the results of any short-term test at an attendance center are at or above four picocuries per liter, the district will conduct a second short-term test in spaces with elevated levels within sixty days of the first test.  If the averaged test results of the first and second tests are at or above four picocuries per liter, the district will retain an individual credentialed to develop a radon mitigation plan.

The plan may include further diagnostic testing, corrective measures, and active mitigation.  The mitigation plan will be completed within two years of first short-term test unless the district plans to abandon or renovate the attendance center within five years and renovation includes radon mitigation.

All new school construction will include radon resistant construction techniques.  
 

Code No. 804.1 Facilities Inspection

A program for annual inspection, in addition to those conducted by authorized agencies, of the equipment, facilities, and grounds shall be conducted as part of the maintenance schedule for school district buildings and sites.  The results of these inspections shall be reported to the board at its annual meeting.  Further, the board may conduct its own inspection of the school district buildings and sites annually.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

 

Code No. 804.2 Warning System and Emergency Plans

The school district shall maintain a warning system designed to inform students, employees, and visitors in the facilities of an emergency. The system shall be maintained on a regular basis under the maintenance plan for the school district buildings and sites. Students shall be informed of this system. Each classroom and office shall have a plan for helping those in need of assistance to safety during an emergency. This shall include, but not be limited to students and employees with disabilities. Licensed employees shall be responsible for instructing students on the proper techniques to be followed during an emergency.

Iowa law requires that all public and accredited nonpublic schools develop and maintain a high-quality emergency operations plan.  Records containing district security procedures and/or emergency preparedness information are considered confidential records under Iowa Code Section 22.7, if disclosure could reasonably be expected to jeopardize students, employees, visitors, systems, or property.  The records or class of records which are covered by this Iowa Code provision include, but are not limited to, records containing information directly related to vulnerability assessments; information relating to security measures; emergency response protocols; security codes and combinations, passwords, keys, and records containing information that, if disclosed, would significantly increase the vulnerability of attack to the critical systems or infrastructures of the district.

The board requires that at least once per school year, an emergency operations drill based on the emergency operations plan be conducted in each individual school building in which students are educated.  The plan shall determine which staff and students are involved in the drill, the nature of the drill, and shall identify procedures for school personnel, parents, and guardians to report possible threats to the safety of students or school personnel on school grounds or at school activities.

The board and authorities shall annually review the security plan and procedures as required by Iowa law.

 

Approved:  January 18, 1999

Revised/Reviewed: January 24, 2022

Code No. 804.3 Bomb Threats

As soon as a bomb threat is reported to the administration, the school district facility should be cleared immediately.  The appropriate school district or law enforcement officials will make a thorough search.  Employees and students shall remain outside the school district facility until it is determined that danger no longer exists.

It shall be the responsibility of the superintendent to file a report or keep a report of each incident for the school district records.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 804.4 Asbestos Containing Material

The board will implement the rules of the Asbestos Hazard Emergency Response Act (AHERA) and provide the necessary funding to implement the response actions as required.  The board will appoint a designated person as required as well as provide required training for maintenance and custodial works.  Each school district building will maintain a copy of the school district’s asbestos management plan.

Friable and non-friable asbestos containing materials will be maintained in good condition and appropriate precautions will be followed when the material is disturbed.  If there is a need to replace asbestos it will be replaced with non-asbestos containing materials.

 

Approved:  January 18, 1999

Revised/Reviewed: November 25, 2019

Code No. 805.1 Procedures for Contracts Paid with Federal Funds

 

All vendors and/or contractors paid with federal funds shall be checked for suspension and debarment on www.sam.gov. The District shall not enter into transactions with parties that are debarred, suspended, or otherwise ineligible for participation in federal assistance programs or activities.

The District shall take affirmative steps as required by federal law with respect to small business, minority-owned business, and female-owned businesses, such as: (1) placing such businesses on solicitation lists; (2) soliciting such businesses whenever they are potential sources; (3) when economically feasible, dividing contracts into smaller tasks or quantities to allow participation from such businesses; (4) establishing delivery schedules that encourage participation by such businesses; (5) when appropriate, utilizing the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) requiring the primary contractor, when applicable, to follow these steps with respect to subcontractors.

Procurement for contracts paid with federal funds may be conducted by noncompetitive proposals when one or more of the following circumstances apply: (1) the item is only available from a single source; (2) public exigency or emergency will not permit the delay resulting from competitive bids; (3) the Federal awarding agency expressly authorizes noncompetitive proposals; or (4) competition is inadequate after solicitation of a number of sources.

The District shall ensure that contracts paid with federal funds contain the following provisions when applicable: (1) contracts over $150,000 shall address remedies, sanctions, and/or penalties for breach of contract terms by contractors; (2) contracts over $10,000 shall address termination for cause and for convenience; (3) all contracts shall address Equal Employment Opportunity; (4) prime construction contracts in excess of $2,000 shall include a provision for compliance with the Davis-Bacon Act; (5) contracts over $100,000 that involve mechanics or laborers shall include a provision for compliance with 40 U.S.C. §§ 3701-3708; (6) if the federal award meets the definition of “funding agreement” under 37 CFR § 401.2, a provision regarding compliance with 37 CFR Part 401; (7) contracts and subgrants over $150,000 shall include a provision for compliance with the Clean Air Act and the Federal Water Pollution Control Act; (8) all contracts shall include a provision for compliance with federal debarment and suspension requirements; (9) contractors that apply or bid for an award exceeding $100,000 must file the required certification under the Byrd Anti-Lobbying Amendment.

No District employee, officer, or agent may participate in the selection, award and administration of contracts supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. District officers, employees, and agents may neither solicit for, accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violation of this requirement may result in disciplinary action for the District employee, officer, or agent. NOTE: When federal, state, and local requirements conflict, the most stringent requirement will be followed.

 

Approved:  July 27, 2020

Revised/Reviewed: