Advocacy Outreach
General Policies
I. Introduction
Advocacy Outreach a non-profit organization with 501 (c) (3) status, is a membership-governed organization. Clients and former clients, staff, area service providers and interested citizens in the community are eligible to be members. Members elect a board of directors. The board sets policy that is administered by an executive director chosen by the board to conduct the day to day activities of the organization. In the absence of the executive director the responsibility and authority are given to an individual designated by the executive director.
The purpose of this Employee Handbook is to describe personnel policies, procedures and practices that are standard throughout the organization and in compliance with mandated state, federal and funding source regulations as appropriate.
Revisions will be made by the Board of Directors of Advocacy Outreach. Copies of the Employee Handbook will be provided to all employees.
I. Non Discrimination
The organization does not directly, indirectly, or through contractual agreement
subject an individual to
discrimination because of race, creed age, sex, sexual preference, color,
political affiliation, religious belief, national origin, or disability, in
its employment related procedures of: hiring, firing, promotion, layoff, pay
lateral reassignment, transfer, selection for training or any employment related
benefits All employment related procedures and benefits are in compliance
with title VI of the Civil Rights act of l 973, Section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975.
Whistle Blower Protection
The organization does not directly, indirectly,
or through contractual agreement, subject an individual to
discrimination because that individual reports any violation of any of the
organization's funding source contracts, law, or regulation to any appropriate
regulatory or law enforcement authority, if the report is made in good faith.
II. Recruitment and Selection for Employment
A: Employment with the organization is dependent upon federal and local funding.
The creation of newly defined positions within the organization's areas of
responsibility will be determined by the executive director. All employees
are employed at the will of the organization. Employees may resign from the
organization at any time for any reason, and may be terminated by the organization
at any time for any reason, with or without notice.
Opportunity for employment is open to any person; however it is the policy of the organization to fill vacancies by promotion from within whenever present employees are qualified and available. Each vacancy will be posted for internal bid. At the program or executive director's discretion external advertising may be conducted. The executive director is authorized to hire and terminate all personnel
B: It is the policy of the organization to fill vacancies with the most qualified candidates. The executive director establishes objective criteria for the selection decisions These criteria are not rank ordered and may be considered in whole or in part in making such decisions. They are ranked as follows:
1. Academic preparation supported by
transcripts and/or certificates of completion
2. experience
3. Recommendations and references
4. Evaluations
In addition to the above stated criteria, individuals hired for the organization must also meet any employment requirements mandated by state, federal, licensing or funding source policies and standards.
C: External applicants must furnish employment and personal references. Prior to extending an offer, employment references will be checked and documented. In situations where supplemental information is needed, character reference will also be checked and documented.
Any willful misrepresentation of facts or failure to report pertinent data on the application form or any official employment record will be just cause for disqualification In situations where misrepresentation is discovered after the individual is hired, the misrepresentation shall be just cause for dismissal.
D: The organization at various times uses
outside professional contractors/subcontractors. Contractors and
subcontractors are selected by the director of the program affected and approved
by the executive director. The criteria used for the selection of contractor/subcontractors
is the same as that used for selection of organization employees.
Equal Opportunity
Advocacy Outreach assures equal opportunity in all its policies and practices regarding: recruiting, compensation, hiring, benefits, transfers, training promotions, lay-offs, and recalls. These will be administered without regard to race, color, creed, religion, ancestry, national origin, gender, marital status, sexual preference, or disability. Every employee and supervisor has the responsibility to uphold this policy.
Nepotism
E. Employment will not be offered as a favor to family or household members , Staff or board of directors. While the organization may employ multiple members of a family or household, family or household members should not be placed in supervisor/supervisee relationships together.
III. Conditions of Employment
Advocacy Outreach expects all employees to have the highest level of integrity
and honesty in all aspects of work. If an employee is found to have an incident
of theft damage to company property misrepresentation of hours worked, and/or
misrepresentation of expenses incurred it will lead to disciplinary action,
including the possibility of termination.
Outside Employment Activities
Outside employment and activities of organization personnel must meet the following criteria to be considered permissible:
1. Such employment or activity shall not interfere with the efficient performance of the employee's duties with the organization. Such employment or activity shall not involve, directly, or indirectly, any conflict of interest with the employee s duties and responsibilities with the organization or any aspect of any other organizations funding source contracts. Such employment shall not involve the performance of duties which the employees should perform as part of his or her employment with the organizations
2. Such employment shall not occur during the employee's regular or assigned working hours in the organization, unless the employee during the entire day on which such employment occurs is on annual leave or leave without pay from the organization.
Political Activities
3. Employment with the organization Win not be offered as a reward for political activity or the active support of political party or a political candidate.
4. Employees may engage in municipal or partisan political activities during their off-duty hours.
5. Employees may not use their official
organization authority or influence for the purpose of interfering with or
affecting the result of an election. Employees may not directly or indirectly,
use their official organization authority or influence to coerce, attempt
to coerce, command or advise another organization employee to pay, lend, or
contribute anything of value to a political party, committee, organization,
or person for political purpose.
Federal, state, or any other organization funds restricted by the hatch Act
may not be used for lobbying purposes, nor may employees lobby during working
hours.
Sectarian Activities
Sectarian activity worship or instruction will not be allotted during work hours.
Gifts and Gratuities
Employees are prohibited from accepting gifts, money or gratuities as compensation from a person receiving services from the organization. It is also prohibited for any employee to accept gifts, money or gratuities from vendors or other persons performing services under contract to the organization.
Sexual harassment
Sexual harassment is a form of misconduct that undermines the workplace and violates the respect for fellow workers. Sexual harassment is behavior that is not welcome and is personally offensive. A worker determined to exhibit behavior contributing to sexual harassment may be terminated.
Workplace Violence
Violence, physical or threatening will not be tolerated. Any behavior that threatens or physically abuses someone should be reported immediately. Any worker found to contribute to any fond of violence may be terminated. Employees may not bring on the premises concealed handguns allowed tinder the Concealed Weapons Act of 1996.
Drug and Alcohol free Workplace
A. Advocacy Outreach is committed to providing
a drug and alcohol free workplace to insure a safe and productive workplace
for its employees. Advocacy Outreach will provide a drug and alcohol free
workplace in compliance with Public Law 100-690, Title V, Subtitle D of the
Drug Free Workplace Act of 1988.
The unlawful manufacture, distribution, dispensing, possession, sales purchase,
use, or being under the influence of illegal drugs, as well as alcoholic beverages
or inhalants, is prohibited on Advocacy Outreach premises, property, or any
of its facilities. In commitment to the spirit and intent of the policy Advocacy
Outreach will not provide alcoholic beverages at organization sponsored events
for its employees.
B. Any employee or contractor/subcontractor who violates the organization's Drug and Alcohol Free Workplace Policy will be subject to disciplinary action up to and including termination.
C. As a condition of employment, all employees will agree to abide by the organization's Drug and Alcohol Free Workplace Policy.
D. Any employee convicted of a violation of a drug statute occurring at the workplace must notify his or her supervisor within five days after the conviction.
E. Advocacy Outreach is in business to help people help themselves. That statement of purpose also applies to its employees. Therefore, Advocacy Outreach encourages any employee who suffers from drug and/or alcohol dependency and/or suffers from associated personal/emotional problems to contact the personnel coordinator for assistance in identifying available resources for dealing with such problems. Seeking such assistance before the dependency causes job performance to suffer can help prevent any disciplinary actions, up to and including termination.
F. When deemed appropriate, participation
in an assistance program such as a drug abuse or rehabilitation
program, may be a requirement of employment continuation, particularly if
the employee has been convicted of a drug or alcohol related offense. Advocacy
Outreach's approval, recommendation, or requirement of a specified program
does not constitute any financial commitment from Advocacy Outreach.
G. Any request for assistance in resolving personal problems will be treated as a confidential matter.
Performance Appraisal Period
A. All new employees will be hired on
a 90 calendar day performance appraisal period. During that period
communication between the immediate supervisor and the new employee should
be emphasized to help insure that appropriate guidance is provided to the
new employee in learning to carry out his or her duties; so that the new employee
has opportunity to ask questions; and so that the new employee's performance
strengths and weakness can be identified and discussed. This communication
process will include ongoing oral evaluation and feedback.
B. During the performance appraisal period the organization or the new employee may terminate the employment relationship without the customary two weeks advance notice.
C. The employee is ineligible for paid absence allowance during the Performance Appraisal period except for organization recognized holidays which occur during the period. Personal leave may not be taken until are the completion of the Performance Appraisal Period. Annual and sick leave accrual are retroactive to the date of employment.
IV. Employment Practice
Employees are classified as exempt or non-exempt. Non-exempt employees are paid at an hourly rate. Exempt employees are salaried. Determining whether a position is exempt or non-exempt requires that several factors be considered. In general, a position requiring advanced education, specialized skills, decision making or management is considered exempt.
Employees may be full or part time.
Employees may be paid under a sole funding
source, or through multiple funding sources. Employment is
contingent on continued funding. Because most funding is allocated for a fixed
period of time through grant awards employment may not continue beyond a fixed
period of time.
Regularly Scheduled Paydays
Employees are paid semimonthly, on the 1st and on the 15th day of the month. Time sheets should be submitted to the fiscal administrator before payment is made. Time sheets may be requested up to two days before scheduled paydays for administrative review.
Deductions
Mandatory deductions include Social Security tax (FICA), Medicare tax and Internal Revenue withholding of income tax. The State of Texas approves only deductions which are authorized by Federal/State law, authorized in writing by employee, or ordered by the court, such as a garnished wage to pay a debt or child support.
Overtime Pay
Non-exempt employees who work more than 40 hours in a week are eligible for overtime compensation. Employees must have written authorization from the director before working overtime.
Compensatory Time
Exempt employees may use flexible working hours to compensate for overtime work, providing such time is approved by the director. Scheduling needs and tight deadlines may impact when compensatory time, or flex-time, can be utilized. Compensatory time may not accrue beyond the number of hours in an employee's regular work week for example, a full-time employee could accrue 40 hours while a half-time employee could accrue only 20 hours in compensatory time.
Holidays
Employees will be provided a minimum of eleven paid holidays throughout the year. Additional holidays may be given at the discretion of the director. Religious preferences of employees will be taken into consideration by the director in establishing holiday schedules. Observed holidays may change from year to year, and to the extent practical should reflect the preferences of employees.
Jury Duty
Employees will be provided paid time of f for jury duty.
Personal Leave
Employees will be provided with three days personal leave at the beginning of each calendar year. Personal leave time does not accrue from year to year.
Sick Leave
Employees accrue sick leave at a rate
of one regular work day per month. An employee working full-time will accrue
eight hours of sick leave per month; a half-time employee will accrue four
hours of sick leave per month. Sick leave may accrue into the next year, but
may not exceed four weeks based on an employees regular work schedule; i.e.
a full-time employee may accrue and use up to160 hours
while a half-time employee may accrue and use only 80 hours. Sick leave may
be taken by an employee who attending to medical needs, or attending to the
medical needs of family members. Verification of medical need must be provided
upon request by the director upon termination of employment accumulated sick
leave will have noongoing monetary value.
Annual Leave
Employees accrue annual leave at a rate of one regular work day per month. An employee working full-time will accrue eight hours of annual leave per month, a half-time employee will accrue four hours of annual leave per month Annual leave may not be taken until after the completion of the Performance Appraisal Period (the first 90 days of employment.) Employees can take part or all of annual leave (12 days) at any time approved in advance by the director. Employees may take annual leave time before it has accrued. However, if an employee terminates his or her employment after taking leave that had not yet accrued, the leave time will be deducted from the employee's final pay. Annual leave must be taken before the end of the grant period for employees paid by a single funding source. Employees paid by multiple funding sources must complete annual leave before the end of the last grant period. Upon termination of employment accumulated annual leave will be paid, providing the grant period under which the employee is being paid has not expired.
Employees with five year's seniority accrue an additional half-day of annual leave per month. A full-time employee will accrue one and one-half of one regular work day per month, a full time employee with 10 years senority will accrue 2 regular work days per month.
Privacy
A. Advocacy Outreach regards employee information as confidential and respects the need for protecting each employee's privacy.
B. All managers and supervisors are responsible for administering this policy.
C. Data will only be collected that is legally required and pertinent to the effective conduct of Advocacy Outreach's business.
D. Employees upon request will be told the type of information the organization has regarding them.
Procurement Procedures
Employees authorized to make purchases on behalf of the organization must follow a procurement procedure that includes taking three bids, or making three price comparisons before purchasing items that have a unit value of $500.00 or more Purchases must be made in the most cost effective manner, taking into consideration cost of the item and staff and travel time to make the purchase.
Grievance Procedure
An employee with a grievance against the organization or another employee or supervisor of the organization may bring the grievance to the Board of Directors of Advocacy Outreach. An employee will not be discriminated against because he or she has brought a grievance before the Board.
The following procedures shall be used for filing and resolution of grievances.
A. All complaints shall be submitted in writing by the aggrieved party and filed with the Secretary of the Board of Directors.
B. The Board Secretary shall immediately log the complaint and shall, within seven days of the receipt of the grievance, forward a copy of the grievance to all members of the Personnel Committee.
C. The Personnel Committee shall meet
within 30 days of receipt of the grievance to judge the matter. The
aggrieved party shall have the opportunity to personally meet with members
of the Personnel Committee to
present his or her grievance.
D. The Personnel Committee shall render a decision and send written notice of the decision to each party involved within ten working days. The Personnel Committee may or may not, at its discretion, create a plan of corrective action in response to a grievance. The decision of the Personnel Committee is final.
V. Separation of Duties
Preparation, Authorization/Certification, Distribution of Checks
Authority:
The Executive Director is responsible for authorizing all payments in compliance
with the requirements of each funding source. The treasurer of the Board of
Directors is responsible for reviewing authorized expenditures by the Executive
Director to determine compliance with Generally Accepted Accounting Practices
and federal/state requirements.
The executive director may act as the fiscal officer during periods when funding
does not provide a designated staff position for fiscal officer. The executive
director is authorized to hire a fiscal officer or to designate the duties
of fiscal officer between one or more other staff positions. The executive
director is responsible for maintaining the fiscal integrity of the organization.
Preparation of Checks:
The Executive Director will designate an individual to prepare checks that
have been authorized by the Executive Director. If a paid fiscal officer,
other than the Executive Director, is on staff, that officer will prepare
checks. In the absence of a paid staff position for fiscal officer, the Executive
Director will designate another employee to prepare checks after determining
that those duties are not inconsistent with other requirements of the funding
source paying the salary of that employee and that the individual so designated
has a complete understanding of generally accepted accounting procedures and
the specific requirements of each federal/state grant, foundation grant, and
any other funding source available to the organization. Two signatures are
required on each check to ensure that: an employee other than the employee
who prepares a check has examined the check and also to ensure that an employee
other than the employee who authorizes a check has examined the check.
Distribution of Checks
Procedures for the distribution of checks will be guided by the requirements
of the vendor, guidelines of the funding source from which payments are made,
common sense, and the standards outlined in OMB Circular No. A-123, Part II:
• Compliance With Law. All program operations, obligations and costs
must comply with applicable law and regulation. Resources should be efficiently
and effectively allocated for duly authorized purposes.
• Reasonable Assurance and Safeguards. Management controls must provide
reasonable assurance that assets are safeguarded against waste, loss, unauthorized
use, and misappropriation. Management controls developed for agency programs
should be logical, applicable, reasonably complete, and effective and efficient
in accomplishing management objectives.
• Integrity, Competence, and Attitude. Managers and employees must have
personal integrity and are obligated to support the ethics programs in their
agencies. The spirit of the Standards of Ethical Conduct requires that they
develop and implement effective management controls and maintain a level of
competence that allows them to accomplish their assigned duties. Effective
communication within and between offices should be encouraged.
A. Distribution of Checks to Prevent Homelessness:
(1.) Checks may not be distributed directly to clients. Checks may be directly
distributed or mailed to landlords, utility companies, mortgage companies,
hotels or other vendors providing shelter services. To most efficiently and
effectively utilize resources, in accordance with OMB Circular A-123 guidelines,
payments should be made as soon as possible after eligibility screening and
determination.
(2.) To provide the management controls that provide reasonable assurance
that assets are safeguarded against waste, loss, unauthorized use, and misappropriation,
in accordance with OMB Circular A-123 guidelines, a third party other than
the party preparing checks or authorizing checks for homelessness prevention
will distribute the checks.
B. Distribution of Checks to Vendors for Purchases of Supplies or Materials:
(1.) Checks must be distributed in accordance with the requirements of the
vendor and the funding source. Procurement procedures that govern purchase
decisions are outlined below in Article Two of this document.
(2.) Checks may be distributed prior to receiving merchandise when that is
the policy of the vendor, as in ordering materials from a manufacturer; however,
before a check may be distributed an invoice for the purchase covered by said
check must be on file.
(3.) Purchase orders may be used when requested by vendors taking orders by
telephone or through mail.
(4.) Persons authorized to distribute checks for purchases of supplies or
materials may include signatories or non-signatories. A signatory may distribute
a check directly to a vendor, after the check has been prepared and authorized
through procedures outlined above in the section entitled Preparation of Checks,
when that act of distribution is required under OMB Circular A-123 guidelines
that require resources to be used efficiently. Situations when a signatory
may deliver a check would include an out-of-town trip to shop for supplies
or materials in which a non-signatory is not available.
C. Distribution of Checks to Individuals or Companies for Purchase of Services:
(1.) Checks must be distributed in accordance with the requirements of the
vendor and the funding source. Procurement procedures that govern purchase
decisions are outlined below in Article Two of this document.
(2.) Prior to distributing a check for purchase of services, an invoice for
the services or a contract with the vendor must be on file. Checks may be
distributed directly or by mail to the entity whose services are purchased.
Checks may also be distributed to a fiscal institution on behalf of the seller
when appropriate, as in when making a payment to a landlord for lease of the
building used by the organization.
(3.) Persons authorized to distribute checks for purchases of services may
include signatories or non-signatories. Non-signatories may distribute a check
directly to a vendor, after the check has been prepared and authorized through
procedures outlined above in the section entitled Preparation of Checks, when
that act of distribution is required under OMB Circular A-123 guidelines that
require resources to be used efficiently. An example of a non-signatory distributing
a check might be an instructor who has taken a group of students to the museum
and must deliver the check upon entry.
VI. Procurement Procedures
All procurement transactions shall be conducted in a manner to provide, to
the maximum extent practical, open and free competition. The person authorized
to procure shall be alert to organizational conflicts of interest as well
as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop
or draft specifications, requirements, statements of work, invitations for
bids and/or requests for proposals shall be excluded from competing for such
procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the recipient,
price, quality and other factors considered. Solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for
the bid or offer to be evaluated by the recipient. Any and all bids or offers
may be rejected when it is in the recipient's interest to do so.
(1) The person authorized to procure will avoid purchasing unnecessary items.
(2) Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be the most economical and practical procurement for the Federal Government.
(3) Solicitations for goods and services provide for all of the following.
(i) A clear and accurate description
of the technical requirements for the material, product or service to be procured.
In competitive procurements, such a description shall not contain features
which unduly restrict competition.
(ii) Requirements which the bidder/offeror must fulfill and all other factors
to be used in evaluating bids or proposals.
(iii) A description, whenever practicable, of technical requirements in terms
of functions to be performed or performance required, including the range
of acceptable characteristics or minimum acceptable standards.
(iv) The specific features of "brand name or equal" descriptions
that bidders are required to meet when such items are included in the solicitation.
(v) The acceptance, to the extent practicable and economically feasible, of
products and services dimensioned in the metric system of measurement.
(vi) Preference, to the extent practicable and economically feasible, for
products and services that conserve natural resources and protect the environment
and are energy efficient.
Positive efforts shall be made by recipients
to utilize small businesses, minority-owned firms, and women's business enterprises,
whenever possible. Recipients of Federal awards shall take all of the following
steps to further this goal.
(1) Ensure that small businesses, minority-owned firms, and women's business
enterprises are used to the fullest extent practicable.
(2) Make information on forthcoming opportunities available and arrange time
frames for purchases and contracts to encourage and facilitate participation
by small businesses, minority-owned firms, and women's business enterprises.
(3) Consider in the contract process whether firms competing for larger contracts
intend to subcontract with small businesses, minority-owned firms, and women's
business enterprises.
(4) Encourage contracting with consortiums of small businesses, minority-owned
firms and women's business enterprises when a contract is too large for one
of these firms to handle individually.
(5) Use the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Department of Commerce's Minority
Business Development Agency in the solicitation and utilization of small businesses,
minority- owned firms and women's business enterprises.
The type of procuring instruments used (e.g., fixed price contracts, cost reimbursable contracts, purchase orders, and incentive contracts) shall be determined by the recipient but shall be appropriate for the particular procurement and for promoting the best interest of the program or project involved. The "cost-plus-a-percentage-of-cost" or "percentage of construction cost" methods of contracting shall not be used.
Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources or accessibility to other necessary resources. In certain circumstances, contracts with certain parties are restricted by agencies' implementation of E.O.s 12549 and 12689, "Debarment and Suspension."
The organization shall, on request, make
available for the Federal awarding agency, pre-award review and procurement
documents, such as request for proposals or invitations for bids, independent
cost estimates, etc., when any of the following conditions apply.
(1) A recipient's procurement procedures or operation fails to comply with
the procurement standards in the Federal awarding agency's implementation
of this Circular.
(2) The procurement is expected to exceed the small purchase threshold fixed
at 41 U.S.C. 403 (11) (currently $25,000) and is to be awarded without competition
or only one bid or offer is received in response to a solicitation.
(3) The procurement, which is expected to exceed the small purchase threshold,
specifies a "brand name" product.
(4) The proposed award over the small purchase threshold is to be awarded
to other than the apparent low bidder under a sealed bid procurement.
(5) A proposed contract modification changes the scope of a contract or increases
the contract amount by more than the amount of the small purchase threshold.
Some form of cost or price analysis shall be made and documented in the procurement
files in connection with every procurement action. Price analysis may be accomplished
in various ways, including the comparison of price quotations submitted, market
prices and similar indicia, together with discounts. Cost analysis is the
review and evaluation of each element of cost to determine reasonableness,
allocability and allowability.
Procurement records and files for purchases in excess of the small purchase
threshold shall include the following at a minimum: (a) basis for contractor
selection, (b) justification for lack of competition when competitive bids
or offers are not obtained, and (c) basis for award cost or price.
A system for contract administration shall be maintained to ensure contractor
conformance with the terms, conditions and specifications of the contract
and to ensure adequate and timely follow up of all purchases. Recipients shall
evaluate contractor performance and document, as appropriate, whether contractors
have met the terms, conditions and specifications of the contract.
The recipient shall include, in addition to provisions to define a sound and
complete agreement, the following provisions in all contracts. The following
provisions shall also be applied to subcontracts.
(a) Contracts in excess of the small purchase threshold shall 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 shall contain
suitable provisions for termination by the recipient, including the manner
by which termination shall be effected and the basis for settlement. In addition,
such contracts shall 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 shall 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 Federal awarding agency
may accept the bonding policy and requirements of the recipient, provided
the Federal awarding agency has made a determination that the Federal Government's
interest is adequately protected. If such a determination has not been made,
the minimum requirements shall be as follows.
(1) A bid guarantee from each bidder equivalent to five percent of the bid
price. The "bid guarantee" shall consist of a firm commitment such
as a bid bond, certified check, or other negotiable instrument accompanying
a bid as assurance that the bidder shall, 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
shall 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 shall include a provision to the effect that the recipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall 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.
*Amended Sept 8, 2003 by resolution of the Advocacy Outreach Board of Directors