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Page 27 of 45State of Washington Department of Ecology
<br />Agreement No:
<br />Project Title:
<br />Recipient Name:
<br />WQC-2026-EverPW-00408
<br />City of Everett Port Gardner Water Quality Program – Phase 2 Construction
<br />City of Everett
<br />of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as
<br />receiving federal equivalency funding, understands that (i) each contract and subcontract related to the project is
<br />subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal
<br />requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance
<br />agreement in advance of termination and/or repayment of assistance, and/or other remedial actions.
<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
<br />planning prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of
<br />non-domestic manufactured products and construction materials in such projects funded by a Clean Water or
<br />Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action
<br />permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean
<br />Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914.
<br />Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed
<br />BABA requirements. The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section
<br />608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will
<br />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
<br />product shall mean manufactured in the United States, and the cost of the components of the manufactured product
<br />that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
<br />components of the manufactured product, unless another standard for determining the minimum amount of domestic
<br />content of the manufactured product has been established under applicable law or regulation. The manufactured
<br />products included cover the majority of potential water infrastructure products, including complex products made up
<br />of a variety of material types and components. For water infrastructure projects, commonly manufactured products
<br />would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control
<br />systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many
<br />other mechanical and electrical items.
<br />F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
<br />comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority,
<br />and Women’s 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
<br />efforts whenever procuring construction , equipment, services, and supplies under this agreement. Records
<br />documenting compliance 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
<br />practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
<br />RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
<br />whenever they are potential sources.
<br />2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
<br />frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
<br />facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
<br />possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
<br />proposal closing date.
<br />3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
<br />Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
<br />dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
<br />participation by Disadvantaged Business Enterprises in the competitive process.
<br />4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
<br />one of these firms to handle individually.
<br />Template Version 12/10/2020
<br />Docusign Envelope ID: D814CB0A-309D-42B0-8AE7-7273045711DF
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