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Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement <br /> Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. <br /> 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, <br /> suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory <br /> or regulatory authority other than Executive Order 12549. <br /> 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award <br /> exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will <br /> not and has not used Federal appropriated funds to pay any person or organization for influencing or <br /> attempting to influence an officer or employee of any agency, a member of Congress, officer or <br /> employee of Congress, or an employee of a member of Congress in connection with obtaining any <br /> Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose <br /> any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. <br /> Such disclosures are forwarded from tier to tier up to the non-Federal award. <br /> 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is <br /> a state agency or agency of a political subdivision of a state and its contractors must comply with <br /> section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and <br /> Recovery Act. The requirements of Section 6002 include procuring only items designated in <br /> guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest <br /> percentage of recovered materials practicable, consistent with maintaining a satisfactory level of <br /> competition, where the purchase price of the item exceeds $10,000 or the value of the quantity <br /> acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management <br /> services in a manner that maximizes energy and resource recovery; and establishing an affirmative <br /> procurement program for procurement of recovered materials identified in the EPA guidelines. <br /> 11) Notice of Federal awarding agency requirements and regulations pertaining to reporting. <br /> 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in <br /> data. <br /> 13) Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the <br /> Comptroller General of the United States, or any of their duly authorized representatives to any books, <br /> documents, papers, and records of the contractor which are directly pertinent to that specific contract <br /> for the purpose of making audit, examination, excerpts, and transcriptions. <br /> 14) Retention of all required records for six years after the SUBRECIPIENT has made final <br /> payments and all other pending matters are closed. <br /> 15) Mandatory standards and policies relating to energy efficiency which are contained in the state <br /> energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. <br /> 94-163, 89 Stat. 871). <br /> 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure <br /> Projects," the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent practicable <br /> and consistent with the law, iron and aluminum as well as steel, cement and other manufactured <br /> products produced in the United States, in Public Assistance and Hazard Mitigation Grant Program <br /> eligible public infrastructure repair and construction projects affecting surface transportation, ports, <br /> water resources including sewer and drinking water and power. Such preference must be consistent <br /> with the law, including cost and contracting requirements of 2 CFR Part 200. <br /> b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and <br /> documents and require the SUBRECIPIENT to make changes to bring its plans and documents into <br /> compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The <br /> SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to <br /> provide adequate documentation with sufficient detail to support the costs of the project and to allow <br /> both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. <br /> c. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this <br /> Agreement by reference. <br /> A.12 DISCLOSURE <br /> The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose <br /> not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's <br /> Public Assistance Grant Agreement Page 12 of 21 City of Everett, D21-293 <br />