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Page 22 of 41State of Washington Department of Ecology
<br />Agreement No:
<br />Project Title:
<br />Recipient Name:
<br />WQC-2025-EverPW-00038
<br />Riverpoint Outfall Replacement
<br />City of Everett
<br />EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
<br />70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
<br />prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
<br />manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
<br />otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
<br />manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
<br />otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
<br />provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
<br />(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
<br />previously applied to SRF projects and will continue to do so as part of BABA requirements .
<br />Where manufactured products used in the project are required to be produced in the United States, manufactured product
<br />shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined,
<br />produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the
<br />manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured
<br />product has been established under applicable law or regulation. The manufactured products included cover the majority of
<br />potential water infrastructure products, including complex products made up of a variety of material types and components.
<br />For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors,
<br />blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment
<br />equipment, dewatering equipment, actuators, and many other mechanical and electrical items.
<br />F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
<br />with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
<br />Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
<br />Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
<br />whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
<br />with the following six good faith efforts shall be retained:
<br />1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
<br />through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
<br />include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
<br />2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
<br />contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
<br />by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
<br />bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
<br />3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
<br />Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
<br />requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
<br />Business Enterprises in the competitive process.
<br />4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
<br />these firms to handle individually.
<br />5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
<br />Department of Commerce.
<br />6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
<br />paragraphs 1 through 5 above.
<br />The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
<br />Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
<br />administration provisions of 40 CFR, Section 33.302.
<br />Template Version 12/10/2020
<br />Docusign Envelope ID: F2F2C641-00FF-4CD2-8410-C8E2A1EA5EB0
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