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• <br /> 7) Clean Air Act (42 U.S, 7401-7671q.) and the Federal Water( Ilution Control Act (33 U.S.C. 1251- <br /> 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a <br /> provision that requires the non-Federal award to agree to comply with all applicable standards, orders <br /> or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water <br /> Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal <br /> awarding agency and the Regional Office of the Environmental Protection Agency (EPA). <br /> 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR <br /> 180.220) must not be made to parties listed on the government-wide exclusions in the System for <br /> 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. 235), <br /> "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or <br /> otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory <br /> 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 not <br /> 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 any <br /> lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such <br /> 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 a <br /> state agency or agency of a political subdivision of a state and its contractors must comply with section <br /> 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. <br /> The requirements of Section 6002 include procuring only items designated in guidelines of the <br /> Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of <br /> recovered materials practicable, consistent with maintaining a satisfactory level of competition, where <br /> the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the <br /> preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that <br /> maximizes energy and resource recovery; and establishing an affirmative procurement program for <br /> 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 /> 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 /> Public Assistance Grant Agreement Page 12 of 21 City of Everett, D16-640 <br />