1. ADVANCE METHOD OF PAYMENT
In accordance with EPA regulations, the recipient is authorized to receive advance payments
under this agreement, provided that the recipient takes action to minimize the time elapsing
between the transfer of funds from EPA and the disbursement of those funds.
2. DRUGFREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS
The recipient organization of this EPA assistance agreement must make an ongoing, good faith
effort to maintain a drugfree workplace pursuant to the specific requirements set forth in Title 40
CFR 36.200 36.230. Additionally, in accordance with these regulations, the recipient
organization must identify all known workplaces under its federal awards, and keep this
information on file during the performance of the award.
Those recipients who are individuals must comply with the drugfree provisions set forth in Title
40 CFR 36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients
can access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfr/waisidx_06/40cfr36_06.html.
3. ELECTRONIC TRANSFER OF FUNDS (pick this condition or the Financial
Requirementsnot both)
The Debt Collection Improvement Act of 1996 requires that Federal payments be made by
electronic funds transfer after January 2, 1999. In order to comply with the Act, a recipient must
receive payments via one of two electronic mechanisms available to them:
A) Automated Standard Application for Payments (ASAP)
ASAP is an automated drawdown system sponsored by the U.S. Department of the Treasury.
Recipients must enroll with Treasury. Additional information concerning ASAP can be
obtained by contacting the EPA Las Vegas Finance Center, at (702) 7982485,
http://www.epa.gov/ocfo/finservices/payinfo.htm or by visiting
http://www.fms.treas.gov/asap.
Under this payment mechanism, the recipient initiates, via ASAP, an electronic payment
request which is approved or rejected based on the amount of available funds authorized by
EPA in the recipient’s account. Approved funds are credited to the recipient organization at
the financial institution identified on the recipient’s ASAP enrollment application.
In order to receive payments via ASAP the recipient must first complete an ASAP enrollment
application and have an ASAP account set up.
B) Electronic Funds Transfer (EFT)
Under this payment mechanism, the recipient submits an EPA Payment Requests Form to EPA
for approval. Approved funds are credited to the recipient organization at its designated financial
institution. In order to receive EFT payments the recipient must first complete and return the
ACH Vendor/Miscellaneous Payment Enrollment form (TFS Form 3881) to the EPA Las Vegas
Finance Center. The Enrollment form can be found by visiting
http://www.epa.gov/ocfo/finservices/payinfo.htm#grants. Upon receipt and processing of the
enrollment form, the LVFC will send you a letter assigning you an EFT Control Number. At that
time you will also receive an EFT payment process Recipient's manual along with a supply of
EPA Payment Requests and other required forms. Additional information concerning EFT can
be obtained by contacting the EPA Las Vegas Finance Center, at (702) 7982485.
3. FINANCIAL REQUIREMENTS (pick this condition or the ELECTRONIC TRANSFER OF
FUNDS not both)
Under the Automated Standard Application for Payments (ASAP), the recipient initiates an
electronic payment request which is approved or rejected based on the amount of available funds
authorized by EPA in the recipient’s account. Approved funds are credited to the recipient
organization at the financial institution identified on the recipient’s ASAP enrollment application.
The recipient agrees to the following conditions in accepting this assistance agreement:
(a)
Cash draw down will be made only as actually needed for its disbursement;
(b)
The recipient will provide timely reporting of cash disbursements and balances as
required;
(c)
The recipient will impose the same standards of timing and reporting on
secondary recipients, if any.
Failure on the part of the recipient to comply with the above conditions may cause the
undisbursed portions of the assistance agreement to be revoked and financing method changed to
a reimbursable basis.
4. FINANCIAL STATUS REPORTS
A) Final Financial Status Reports
Pursuant to 40 CFR 30.52(a)(1) and 30.71(a), EPA recipients shall submit a final Financial Status
Report – also called the SF269 – to EPA’s Las Vegas Finance Center (LVFC), within ninety (90)
days after the expiration of the budget period end date. Assistance agreement recipients must also
send Federal Cash Transaction Reports (SF272) annually to the LVFC; the SF272 is due 15
working days after December 31. Please note that these reports are required by EPA grant
regulations (see 40 Code of Federal Regulations §30.52(a)(2)). Completed SF269s and SF272s
must be faxed to 7027982423 or mailed to the following address: US EPA LVFC, P.O. Box
98515, Las Vegas, NV 891938515. The LVFC will make adjustments, as necessary, to obligated
funds after reviewing and accepting a final Financial Status Report.
B) Closeout
The Administrative Closeout Phase for this grant will be initiated with the submission of a "final"
FSR. At that time, the recipient must submit the following forms/reports to the responsible EPA
Region or Headquarters Grants Management Office, if applicable:
Federally Owned Property Report
An Inventory of all Property Acquired with federal funds
Contractor’s or Grantee’s Invention Disclosure Report (EPA Form 33403)
Additionally, the recipient's Final Request for Payment should be submitted to the LVFC.
5. HOTELMOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all
space for conferences, meetings, conventions, or training seminars funded in whole or in part
with federal funds complies with the protection and control guidelines of the Hotel and Motel
Fire Safety Act (PL 101391, as amended). Recipients may search the HotelMotel National
Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance
(FEMA ID is currently not required), or to find other information about the Act.
6. LOBBYING AND LITIGATION ALL RECIPIENTS
The chief executive officer of this recipient agency shall ensure that no grant funds awarded
under this assistance agreement are used to engage in lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law. The recipient shall
abide by its respective OMB Circular (A21, A87, or A122), which prohibits the use of federal
grant funds for litigation against the United States or for lobbying or other political activities.
RESTRICTIONS ON LOBBYING
The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The
recipient shall include the language of this provision in award documents for all subawards
exceeding $100,000, and require that subrecipients submit certification and disclosure forms
accordingly.
In accordance with the Byrd AntiLobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure.
LOBBYING PART 30 RECIPIENTS
All contracts awarded by a recipient shall contain, when applicable, the antilobbying provision
as stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a
nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or
that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will
not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
7. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are
not allowable. The term "management fees or similar charges" refers to expenses added to the
direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen
liabilities, or for other similar costs which are not allowable under this assistance agreement.
Management fees or similar charges may not be used to improve or expand the project funded
under this agreement, except to the extent authorized as a direct cost of carrying out the scope of
work.
8. EXTENSION OF PROJECT/BUDGET PERIOD EXPIRATION DATE (PART 30)
In accordance with 40 C.F.R. §30.25(f)(2), the recipient is authorized, without EPA’s approval, to
extend the project and budget period expiration date(s) for up to 12 months as long as the
extension:
is not prohibited by the terms and conditions of the award;
does not require additional Federal funds;
does not involve any change in the approved objective or scope of the project;
does not extend the project merely for the purpose of using an unobligated balance;
or
is not precluded by a statute or regulation, or is authorized solely on the basis of
terms set forth in the statutes.
If the recipient chooses this onetime extension, the recipient must submit a written justification
with the revised expiration date and interim FSR to EPA at least 10 days before the expiration
date of this award document. The submission must be in writing and should be submitted to the
EPA Region or Headquarters Grants Management Office.
If an extension is not necessary, the recipient shall submit a final FSR to the EPA, Las Vegas
Finance Center within 90 days after the project period expiration date.
U.S. Environmental Protection Agency
Las Vegas Finance Center
P.O. Box 98515
Las Vegas, NV 891938515
9. RECYCLING AND WASTE PREVENTION
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24,
2007) and or 40 CFR 30.16, the recipient agrees to use recycled paper and double sided printing
for all reports which are prepared as a part of this agreement and delivered to EPA. This
requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,
which are printed on recycled paper and are available through the General Services
Administration.
STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND
NONPROFIT ORGANIZATIONS:
In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and
nonprofit organizations that receive direct Federal funds shall give preference in their
procurement programs funded with Federal funds to the purchase of recycled products pursuant
to EPA's guidelines.
10. REIMBURSEMENT LIMITATION
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded
to date as shown on line 15 in its approved EPA budget. If the recipient incurs costs in
anticipation of receiving additional funds from EPA, it does so at is own risk. The recipient is
responsible for ensuring that projects funded under this agreement avoid unnecessary
delays and are completed within the EPA approved budget.
11. SINGLE AUDITS
In accordance with OMB Circular A133, which implements the single Audit Act, the recipient
hereby agrees to obtain a single audit from an independent auditor if it expends $500,000 or more
in total Federal funds in any fiscal year. Within nine months after the end of a recipient’s fiscal
year or 30 days after receiving the report from the auditor, the recipient shall submit a copy of the
SFSAC and a Single Audit Report Package. For fiscal periods 2002 to 2007 recipients are to
submit hardcopy to the following address:
Federal Audit Clearinghouse
th
1201 East 10 Street
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SFSAC and a
Single Audit Report Package, using the Federal Audit Clearinghouse’s Internet Data Entry
System. Complete information on how to accomplish the 2008 and beyond Single Audit
Submissions is available on the Federal Audit Clearinghouse Web site:
http://harvester.census.gov/fac/
12. SUBAWARD POLICY
a. The recipient agrees to:
(1)
Establish all subaward agreements in writing;
(2)
Maintain primary responsibility for ensuring successful completion of the EPA
approved project (this responsibility cannot be delegated or transferred to a subrecipient);
(3)
Ensure that any subawards comply with the standards in Section 210(a)(d) of
OMB Circular A133 and are not used to acquire commercial goods or services for the
recipient;
(4)
Ensure that any subawards are awarded to eligible subrecipients and that
proposed subaward costs are necessary, reasonable, and allocable;
(5)
Ensure that any subawards to 501(c)(4) organizations do not involve lobbying
activities;
(6)
Monitor the performance of their recipients and ensure that they comply with all
applicable regulations, statutes, and terms and conditions which flow down in the
subaward;
(7)
Obtain EPA’s consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8)
Obtain approval from EPA for any new subaward work that is not outlined in the
approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards
should be addressed to the recipient’s EPA Project Officer. Additional information
regarding subawards may be found at
http://www.epa.gov/ogd/guide/subawardpolicypart2.pdf. Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section
210(a)(d) of OMB Circular A133 can be found at
http://www.epa.gov/ogd/guide/subawardsappendixb.pdf and
http://www.whitehouse.gov/omb/circulars/a133/a133.html.
c. The recipient is responsible for selecting its subrecipients and, if applicable, for
conducting subaward competitions.
13. SUSPENSION AND DEBARMENT
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
“Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons).”
Recipient is responsible for ensuring that any lower tier covered transaction as described in
Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled “Covered Transactions,” includes a
term or condition requiring compliance with Subpart C. Recipient is responsible for further
requiring the inclusion of a similar term or condition in any subsequent lower tier covered
transactions. Recipient acknowledges that failing to disclose the information as required at 2
CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of
legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at http://www.epls.gov. This term and
condition supersedes EPA Form 570049, “Certification Regarding Debarment, Suspension, and
Other Responsibility Matters.”
14. TRAFFICKING VICTIM PROTECTION ACT OF 2000
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if
a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition
in the Prohibition Statement below; or (2) has an employee who is determined by the agency
official authorized to terminate the award to have violated an applicable prohibition in the
Prohibition Statement below through conduct that is either: (a) associated with performance under
this award; or (b) imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as
implemented by our agency at 2 CFR part 1532. You must inform us immediately of any
information you receive from any source alleging a violation of a prohibition in the Prohibition
Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1)
implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that
are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you
make to a private entity.
Prohibition Statement You as the recipient, your employees, subrecipients under this award,
and subrecipients’ employees may not engage in severe forms of trafficking in persons during the
period of time that the award is in effect; procure a commercial sex act during the period of time
that the award is in effect; or use forced labor in the performance of the award or subawards
under the award.
Choose the next 3 conditions only if applicable
15. MANDATORY TRAINING FOR NONPROFIT RECIPIENTS
Recipient acknowledges that two employees of this recipient organization must complete the
mandatory online training, “EPA Grant Management Training for NonProfit Applicants and
Recipients.” One person must be the project manager, or equivalent, for this assistance
agreement. The other individual must be the person authorized to draw down funds for this
assistance agreement. The training must be completed by both employees prior to the return of
the award document to EPA and the receipt of any grant funds. The course can be accessed at:
http://www.epa.gov/ogd/
At the end of the course the recipient must print out, sign and return the certificate of completion
with the affirmation of acceptance to the appropriate grants office. The training certification will
expire 3 years from the last training date. No funds will be released to the recipient by EPA until
the required training is completed.
16. INDIRECT COSTS Nonprofits that do not have an indirect cost rate or have not
submitted a proposal to their cognizant agency at time of award delete sentence in red)
The amount of $___________ is restricted and can not be accessed because, as of the award date
of this assistance agreement, your organization does not have a current indirect cost rate nor has
your organization submitted an indirect cost rate proposal in accordance with the appropriate
federal cost principles, as stated in 2 CFR Part 230 “Cost Principles for NonProfit
Organizations”, to your organization’s cognizant agency. For proposal preparation, recipients
may use the appropriate completeness checklist located at:
http://www.nbc.gov/icstools.html#checklists.
Under the provisions of 2 CFR Part 230 recipients must send their proposal to their cognizant
federal agency within ninety (90) days from the award date of this assistance agreement. When
EPA is not the cognizant agency your organization must provide proof that the proposal has been
submitted. When EPA is the cognizant agency your organization agrees, by accepting and
signing the award agreement, to follow the enclosed “Sample Indirect Cost Proposal Format for
Nonprofit Organizations.” The sample proposal may also be accessed at:
http://www.epa.gov/ogd/recipient/sample1.htm. Another resource is the “EPA Guide on How to
Prepare an Indirect Cost Rate Proposal for a NonProfit Organization,” and may be found at
http://www.epa.gov/ogd/recipient/indirect.htm. Finally, when EPA is the cognizant federal
agency, recipients must send their indirect cost rate proposal within ninety (90) days from the
award date to one of the addresses listed below:
Regular Mail
Office of Grants and Debarment
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW, MC 3903R
Washington, DC 20460
Attn: OGD Indirect Cost Rate Proposal Control Desk
Mail Courier (e.g. FedEx, UPS, etc.)
Office of Grants and Debarment
U.S. Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 5th floor
Washington, DC 20004
Attn: OGD Indirect Cost Rate Proposal Control Desk
Electronic submissions of proposals may be mailed to OGD_IndirectCost@epa.gov.
Be advised that if EPA does not receive your organization’s proposal, or proof that a
recipient’s cognizant agency has an acceptable proposal from your organization within 90 days
from the award date, EPA will stop payment on ALL award funds and take other appropriate
enforcement actions as stated in 40 CFR Part 30.62.
Recipients are entitled to reimbursement of indirect costs, subject to any statutory or regulatory
administrative cost limitations, if they have a current rate agreement or have submitted an indirect
cost rate proposal to their cognizant federal agency for review and approval. Recipients are
responsible for maintaining an approved indirect cost rate throughout the life of the award.
Recipients are responsible for submitting any subsequent rate proposals to the appropriate
cognizant agency no later than 180 days after the end of their most current fiscal year. This is
done to obtain a final rate for the recipients just ended fiscal year and to obtain updated
provisional rates for the next two years. Recipients may draw down grant funds once a proposal
has been submitted to their cognizant agency, and only for indirect costs incurred during the
period specified in the proposal. Recipients are not entitled to indirect costs for any period in
which rates have expired.
Recipients with differences between their provisional rates and final rates are not entitled to more
than the award amount, without EPA approval. Recipients may request supplemental
amendments (to grants which have not expired or been closed out) for additional funding to cover
increased indirect costs. EPA approval of a supplemental amendment is subject to the availability
of funds.
Pursuant to 40 CFR 30.26, by signing the award nonprofit recipients agree to comply with the
audit requirements prescribed in the Single Audit Act Amendments, and revised OMB Circular
A133, “Audits of States, Local Governments, and NonProfit Organizations,” including Subpart
C Section 305(b) which addresses the restriction on auditors preparing indirect cost proposals.
16. INDIRECT COSTS (where the approved rate doesn't extend through the entire grant
period delete sentence in red)
If the recipient's negotiated rate does not extend through the life of the Assistance Agreement,
additional indirect cost rate proposal(s) must be submitted until the full life of the Assistance
Agreement is covered by negotiated indirect cost rates. The recipient will not charge nor claim
for reimbursement any indirect costs that are not covered by a negotiated indirect cost rate.
The recipient must submit a copy(ies) of the Indirect Cost Negotiation Agreement(s) to the EPA
Region or Headquarters Grants Management Office in order to be eligible to claim indirect costs
against this Assistance Agreement.
16. INDIRECT COSTS (proposal submitted, rate not yet approved delete sentence in red)
If the recipient has submitted an indirect cost rate proposal to the cognizant Federal agency but
does not yet have an approved rate, it must submit a copy to the EPA Region or Headquarters
Grants Management Office of the final or provisional Indirect Cost Negotiation Agreement that
covers the agreement's budget period before it may charge indirect costs against this Assistance
Agreement. If the recipient's negotiated rate does not extend through the life of the Assistance
Agreement, additional indirect cost rate proposal(s) must be submitted until the full life of the
Assistance Agreement is covered by negotiated indirect cost rates. The recipient will not charge
nor claim for reimbursement any indirect costs that are not covered by a negotiated indirect
cost rate.
17. PAYMENT TO CONSULTANTS EPA participation in the salary rate (excluding
overhead) paid to individual consultants retained by recipients or by a recipient's contractors or
subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive
Schedule (formerly GS18), to be adjusted annually. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. As of January
1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in
40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract
provide the recipient with responsibility for the selection, direction, and control of the individuals
who will be providing services under the contract at an hourly or daily rate of compensation. See
40 CFR 31.36(j) or 30.27(b).
18. PATENTS AND INVENTIONS Rights to inventions made under this assistance agreement
are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part
401.
Pursuant to the BayhDole Act (set forth in Title 35 USC Sections 200212), EPA retains the
right to a worldwide, nonexclusive, irrevocable, paid license to practice the invention elected by
the managing and operating contractor, as defined in the Act. To streamline the invention
reporting process and to facilitate compliance with the laws mandated by the BayhDole Act, the
recipient shall utilize the Interagency Edison extramural invention reporting system at
http://iEdison.gov. Annual utilization reports shall be submitted through the system. As required
by PL 106107, a single common Internet web form will soon be available on the iEdison
website. Thereafter, the recipient must use the web form to submit the summary report of
inventions prior to the closeout of the assistance agreement.
In accordance with Executive Order 12618, government owned and operated laboratories can
enter into cooperative research and development agreements with other federal laboratories, state
and local governments, universities, and the private sector; and license, assign, or waive rights to
intellectual property “developed by the laboratory either under such cooperative research or
development agreements and from within individual laboratories.”
Supplement for Part 30 recipients: All contracts awarded by a recipient shall contain the rights to
inventions provision, when applicable, as stipulated in the Appendix to 40 CFR Part 30.
19. SECTION 1512 REPORTING AND REGISTRATION REQUIREMENTS 2 CFR
§176.50 Applicable to all ARRA projects:
Reporting and Registration Requirements under Section 1512 of the American
Recovery and Reinvestment Act of 2009, Public Law 1115
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (“Recovery Act”) and to
report on use of Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) The initial report is due by October 10, 2009. Thereafter, the reports are due no later
than ten calendar days after each calendar quarter in which the recipient receives the
assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their firsttier recipients must maintain current registrations in the
Central Contractor Registration (www.ccr.gov) at all times during which they have active
federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements
for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) using the
reporting instructions and data elements that will be provided online at
www.FederalReporting.gov and ensure that any information that is prefilled is corrected
or updated as needed.
20. INSPECTOR GENERAL REVIEWS
In addition to the access to records provisions of 2 CFR 215.53 or 40 CFR 31.42, and in
accordance with the provisions of section 1515 of the American Recovery and
Reinvestment Act of 2009 (ARRA), recipient agrees to allow any appropriate
representative of the Office of Inspector General to (1) examine any records of the
recipient, any of its procurement contractors and subcontractors or subgrantees, or any
State or local agency administering such contract, that pertain to, and involve transactions
relating to, the procurement contract, subcontract, grant or subgrant; and (2) interview
any officer or employee of the recipient, subcontractor, grantee, subgrantee, or agency
regarding such transactions.
The Grantee is advised that providing false, fictitious or misleading information with
respect to the receipt and disbursement of EPA grant funds may result in criminal, civil or
administrative fines and/or penalties.
Recipient should be aware that the findings of any review, along with any audits,
conducted by an inspector general of a Federal department or executive Agency and
concerning funds awarded under ARRA shall be posted on the inspector general’s
website and linked to www.recovery.gov, except that information that is protected from
disclosure under sections 552 and 552a of title 5, United States Code may be redacted
from the posted version.
21. PROTECTION OF WHISTLEBLOWERS
In accordance with section 1553 of the American Recovery and Reinvestment Act of
2009 (Act), recipient agrees that employees of nonFederal employer receiving covered
funds may not be discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing, including a disclosure made in the ordinary course of an employee’s
duties, to the Recovery Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement Agency, a person with supervisory authority over the employee, a court or
grand jury, the head of a Federal agency, or their representatives, information that the
employee reasonably believes is evidence of (1) gross mismanagement of an agency
contract or grant relating to grant funds; (2) a gross waste of covered funds; (3) a
substantial and specific danger to public health or safety related to implementation or use
of grant funds; (4) an abuse of authority related to implementation or use of covered
funds; or (5) a violation of law, rule, or regulation related to a grant awarded or issued
relating to covered funds.
22. FALSE CLAIM
The grantee, and its subgrantees must promptly refer to EPA’s Inspector General any credible
evidence that a principal, employee, agent, subgrantee contractor, subcontractor, loan recipient,
or other person has submitted a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving funds provided under this grant or subgrants awarded by the
grantee.
23. PREFERENCE FOR QUICK START ACTIVITIES
Recipient shall use funds in a manner that maximizes job creation and economic benefit. And,
recipients using funds for infrastructure investment must give preference to funding activities that
can be started and completed expeditiously, including a goal of using at least 50 percent of the
funds for activities that can be initiated not later than June 17, 2009.
24. LIMIT ON FUNDS
Recipient shall not use funds for particular activities for any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
25.
BUY AMERICAN
Section 1605 Buy American Requirement – iron, steel, and/or manufactured goods
not covered under international agreements
Note: This award term must include the following introductory language as applicable to the EPA
Recovery Act grant program.
SRF – This term and condition applies to all SRF awards.
DERA – This term and condition applies only to Truck Stop Electrification (TSE) projects and diesel
emissions reductions projects for heavy generators (such as those used in public energy production) which
are considered to be public works when a governmental entity is conducting the project.
LUST – This term and condition applies when the recipient uses cooperative agreement funds:
to install piping to connect households or businesses to public water systems or replace public water system
supply well(s) and associated piping due to groundwater contamination, or for construction related
activities associated with site restoration, including paving or concrete replacement. However, if a state
encounters a unique situation at a site that presents uncertainties regarding Buy American applicability, the
state must discuss the situation with EPA's project officer before authorizing work on that site.
Brownfields – Hazardous substances. This term and condition applies to projects involving the
construction of caps to contain contamination that are directly incorporated into a public building or public
work as defined in 2 CFR 176.140(a) or construction of a water system to provide alternative drinking
water at a site when conducted by a governmental entity specified at 2 CFR 176.140(a) under a direct EPA
grant or a subgrant or loan financed by a Brownfield Revolving Loan Fund capitalization grant. It does not
apply to direct grants, RLF loans and subgrants to private sector borrowers, non profit organizations and
other nongovernmental recipients, borrowers or subgrantees or tribes unless the remediation takes place
on a public building or public work defined at 2 CFR 176.140(a). However, if a recipient encounters a
unique situation at a site that presents uncertainties regarding Buy American applicability, the recipient
must discuss the situation with EPA's project officer before authorizing work on that site.
BrownfieldsPetroleum. This term and condition applies only when a governmental recipient specified at
2 CFR 176.140(a) uses cooperative agreement funds to install drinking water pipes, constructs wells to
remediate contamination of drinking water, or reconstructs a concrete or asphalt pad or similar structure
following removal of an underground storage tank under a direct EPA grant or a subgrant or loan financed
by a Brownfield Revolving Loan Fund capitalization grant. It does not apply to direct grants, RLF loans
and subgrants to private sector borrowers, non profit organizations and other nongovernmental recipients,
borrowers or subgrantees or tribes unless the remediation takes place on a public building or public work
defined at 2 CFR 176.140(a). However, the recipient must contact EPA's Award Official for additional
guidance if it encounters unique situations that presents uncertainties regarding Buy American
applicability, themay involve construction alteration, maintenance or repair of a public building or public
work as defined at 2 CFR 176.140(a)
2 CFR §176.140 When awarding Recovery Act funds for construction, alteration,
maintenance, or repair of a public building or public work that does not involve iron,
steel, and/or manufactured goods covered under international agreements, the agency
shall use the following award term:
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS—SECTION 1605
OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition—
“Manufactured good” means a good brought to the construction site for incorporation
into the building or work that has been
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties
than the properties of the individual raw materials.
“Public building” and "public work" means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia; commonwealths,
territories, and minor outlying islands of the United States; State and local governments;
and multiState, regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping
stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference.
(1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act)(Pub. L. 1115), by requiring
that all iron, steel, and manufactured goods used in the project are produced in the United
States except as provided in paragraph (b)(3) and (b)(4) of this term and condition.
(2) This requirement does not apply to the material listed by the Federal
Government. All "Buy American Waivers" are published in the Federal Register and
published at http://www.epa.gov/recovery/.
(3) The award official may add other iron, steel, and/or manufactured goods to the
list in paragraph (b)(2) of this term and condition if the Federal government determines
that—
(i) The cost of the domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project
is unreasonable when the cumulative cost of such material will increase the cost of the
overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in
the United States in sufficient and reasonably available quantities and of a satisfactory
quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(3) of this term and condition shall include adequate
information for Federal Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the
market and a completed cost comparison table in the format in paragraph (d) of this term
and condition.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all
delivery costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds
have been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such determination
and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to section
1605 of the Recovery Act applies, the award official will amend the award to allow use
of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the
exception is nonavailability or public interest, the amended award shall reflect adjustment
of the award amount, redistribution of budgeted funds, and/or other actions taken to cover
costs associated with acquiring or using the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is the unreasonable cost of the
domestic iron, steel, or manufactured goods, the award official shall adjust the award
amount or redistribute budgeted funds by at least the differential established in 2 CFR
176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is
noncompliant with section 1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and
condition based on unreasonable cost, the Recipient shall include the following
information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMES
Description
Unit of
Quantity
Measure
Item 1:
Foreign steel, iron, or
_______
_______
manufactured good
Domestic steel, iron, or
_______
_______
manufactured good
_______
_______
Item 2:
Foreign steel, iron, or
_______
_______
manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveye
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site.]
Section 1605 Buy American Requirement – iron, steel, and/or manufactured goods
covered under international agreements
2 CFR §176.160 When awarding Recovery Act funds for construction, alteration,
maintenance, or repair of a public building or public work that involves iron, steel, and/or
manufactured goods materials covered under international agreements, the agency shall
use the following award term:
SRF – This term and condition applies to all SRF awards.
DERA – This term and condition applies only to Truck Stop Electrification (TSE) projects and diesel
emissions reductions projects for heavy generators (such as those used in public energy production) which
are considered to be public works when a governmental entity is conducting the project.
LUST – This term and condition applies when the recipient uses cooperative agreement funds:
to install piping to connect households or businesses to public water systems or replace public water system
supply well(s) and associated piping due to groundwater contamination, or for construction related
activities associated with site restoration, including paving or concrete replacement. However, if a state
encounters a unique situation at a site that presents uncertainties regarding Buy American applicability, the
state must discuss the situation with EPA's project officer before authorizing work on that site.
Brownfields – Hazardous substances. This term and condition applies to projects involving the
construction of caps to contain contamination that are directly incorporated into a public building or public
work as defined in 2 CFR 176.140(a) or construction of a water system to provide alternative drinking
water at a site when conducted by a governmental entity specified at 2 CFR 176.140(a) under a direct EPA
grant or a subgrant or loan
financed by a Brownfield Revolving Loan Fund capitalization grant. It
does not apply to direct grants, RLF loans and subgrants to private sector borrowers, non profit
organizations and other nongovernmental recipients, borrowers or subgrantees or tribes unless the
remediation takes place on a public building or public work defined at 2 CFR 176.140(a). However, if a
recipient encounters a unique situation at a site that presents uncertainties regarding Buy American
applicability, the recipient must discuss the situation with EPA's project officer before authorizing work on
that site.
BrownfieldsPetroleum. This term and condition applies only when a governmental recipient specified at
2 CFR 176.140(a) uses cooperative agreement funds to install drinking water pipes, constructs wells to
remediate contamination of drinking water, or reconstructs a concrete or asphalt pad or similar structure
following removal of an underground storage tank under a direct EPA grant or a subgrant or loan financed
by a Brownfield Revolving Loan Fund capitalization grant. It does not apply to direct grants, RLF loans
and subgrants to private sector borrowers, non profit organizations and other nongovernmental recipients,
borrowers or subgrantees or tribes unless the remediation takes place on a public building or public work
defined at 2 CFR 176.140(a). However, the recipient must contact EPA's Award Official for additional
guidance if it encounters unique situations that presents uncertainties regarding Buy American
applicability, themay involve construction. alteration, maintenance or repair of a public building or public
work as defined at 2 CFR 176.140(a)
Required Use of American Iron, Steel, and Manufactured Goods (covered under
International Agreements)—Section 1605 of the American Recovery and
Reinvestment Act of 2009.
(a) Definitions. As used in this award term and condition—
“Designated country”
(1) A World Trade Organization Government Procurement Agreement country (Aruba,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy,
Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia,
Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa
Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United StatesEuropean Communities Exchange of Letters (May 15, 1995)
country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain,
Sweden, and United Kingdom.
“Designated country iron, steel, and/or manufactured goods”
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials
from another country, has been substantially transformed in a designated country into a
new and different manufactured good distinct from the materials from which it was
transformed.
"Domestic iron, steel, and/or manufactured good"
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials
from another country, has been substantially transformed in the United States into a new
and different manufactured good distinct from the materials from which it was
transformed. There is no requirement with regard to the origin of components or
subcomponents in manufactured goods or products, as long as the manufacture of the
goods occurs in the United States.
“Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured
good that is not domestic or designated country iron, steel, and/or manufactured good.
“Manufactured good” means a good brought to the construction site for incorporation
into the building or work that has been
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties
than the properties of the individual raw materials.
“Public building” and "public work" means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia; commonwealths,
territories, and minor outlying islands of the United States; State and local governments;
and multiState, regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping
stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Iron, steel, and manufactured goods.
(1) This award term and condition implements
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub.
L. 1115) (Recovery Act), by requiring that all iron, steel, and manufactured goods used
in the project are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international agreements. The restrictions
of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to
projects with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and
manufactured goods in performing the work funded in whole or part with this award,
except as provided in paragraphs (b)(3) and (b)(4) of this term and condition.
(3) The requirement in paragraph (b)(2) of this term and condition does not apply to
the iron, steel, and manufactured goods listed by the Federal Government. All "Buy
American Waivers" are published in the Federal Register and published at
http://www.epa.gov/recovery/.
(4) The award official may add other iron, steel, and manufactured goods to the list
in paragraph (b)(3) of this award term and condition if the Federal government
determines that—
(i) The cost of domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the
project is unreasonable when the cumulative cost of such material will increase the
overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured goods is not produced, or manufactured
in the United States in sufficient and reasonably available commercial quantities of a
satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or
the Buy American Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph(b)(4) of this term and condition shall include adequate
information for Federal Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured
goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the
market and a completed cost comparison table in the format in paragraph (d) of this term
and condition.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs
to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds
have been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such determination
and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to section
1605 of the Recovery Act applies, the award official will amend the award to allow use
of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the
exception is nonavailability or public interest, the amended award shall reflect adjustment
of the award amount, redistribution of budgeted funds, and/or other appropriate actions
taken to cover costs associated with acquiring or using the foreign iron, steel, and/or
relevant manufactured goods.. When the basis for the exception is the unreasonable cost
of the domestic iron, steel, or manufactured goods, the award official shall adjust the
award amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
FOREIGN AND DOMESTIC ITEMS CO
Description
Unit of
Quantity
Measure
Item 1:
Foreign steel, iron, or
_______
_______
manufactured good
Domestic steel, iron, or
_______
_______
manufactured good
_______
_______
Item 2:
Foreign steel, iron, or
_______
_______
manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy
if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site.]
(3) Unless the Federal Government determines that an exception to the section 1605
of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other
than designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and
condition based on unreasonable cost, the applicant shall include the following
information and any applicable supporting data based on the survey of suppliers:
[List name, address, telephone number, email address, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site).]
26. OMB GUIDANCE
This award is subject to all applicable provisions of implementing guidance for the American
Recovery and Reinvestment Act of 2009 issued by the United States Office of Management and
Budget, including the Initial Implementing Guidance for the American Recovery and
Reinvestment Act (M0910) issued on February 18, 2009 and available on www.recovery.gov,
and any subsequent guidance documents issued by OMB.
27. The Gran