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Contract Provisions Guide <br />30 <br /> <br />FEMA Recommended Contract <br />Provisions <br />Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for NFE <br />contracts. Therefore, FEMA recommends the following: <br />1. Access to Records <br />NFEs and their contractors and subcontractors must give the Department of Homeland Security <br />(DHS) and FEMA access to records associated with their awards during the federally required record <br />retention period and as long as the records are retained.64 All parties agree to comply with DHS <br />provisions about accessing people, places, and things related to the federal financial award as <br />necessary or as required by DHS regulations or other applicable laws and policies.65 Additionally, for <br />contracts entered into after August 1, 2017, under a major disaster or emergency declaration under <br />Titles IV or V of the Robert T. Stafford Disaster Relief Act, FEMA is prohibited from funding any <br />contracts that prevent audits or internal reviews by the FEMA Administrator or Comptroller General.66 <br />1.1 Suggested Language for All Procurements <br />The following provides a sample contract clause: <br />“The Contractor agrees to provide (insert non-federal entity), (insert name of pass-through entity, <br />if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of <br />their authorized representatives access to any books, documents, papers, and records of the <br />Contractor which are directly pertinent to this contract for the purposes of making audits, <br />examinations, excerpts, and transcriptions. <br />The Contractor agrees to permit any of the foregoing parties to reproduce by any means <br />whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />The Contractor agrees to provide the FEMA Administrator or his authorized representatives <br />access to construction or other work sites pertaining to the work being completed under the <br />contract. <br /> <br />64 2 C.F.R. §§ 200.334, 200.337. <br />65 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- <br />terms-and-conditions. <br />66 See Sections 1202 and 1225 of the Disaster Recovery Reform Act of 2018, Pub. L. No. 115-254. <br />ATTY/AGR.2025.317/Wood Rodgers, Inc. (Page 67 of 77)