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DHS-FEMA-EMPG-FFY 15 Page 15 of 30 Kittitas, County of, E16-157 <br />7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control <br />Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in <br />excess of $150,000 must contain a provision that requires the non-Federal award <br />to agree to comply with all applicable standards, orders or regulations issued <br />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 <br />reported to the Federal awarding agency and the Regional Office of the <br />Environmental Protection Agency (EPA). <br />8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract <br />award (see 2 CFR 180.220) must not be made to parties listed on the government- <br />wide exclusions in the System for Award Management (SAM), in accordance with <br />the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR <br />part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment <br />and Suspension.” SAM Exclusions contains the names of parties debarred, <br />suspended, or otherwise excluded by agencies, as well as parties declared <br />ineligible under statutory or regulatory authority other than Executive Order 12549. <br />9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or <br />bid for an award exceeding $100,000 must file the required certification. Each tier <br />certifies to the tier above that it will not and has not used Federal appropriated <br />funds to pay any person or organization for influencing or attempting to influence <br />an officer or employee of any agency, a member of Congress, officer or employee <br />of Congress, or an employee of a member of Congress in connection with <br />obtaining any Federal contract, grant or any other award covered by 31 U.S.C. <br />1352. Each tier must also disclose any lobbying with non-Federal funds that takes <br />place in connection with obtaining any Federal award. Such disclosures are <br />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- <br />Federal entity that is a state agency or agency of a political subdivision of a state <br />and its contractors must comply with section 6002 of the Solid Waste Disposal Act, <br />as amended by the Resource Conservation and Recovery Act. The requirements <br />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 <br />highest percentage of recovered materials practicable, consistent with maintaining <br />a satisfactory level of competition, where the purchase price of the item exceeds <br />$10,000 or the value of the quantity acquired during the preceding fiscal year <br />exceeded $10,000; procuring solid waste management services in a manner that <br />maximizes energy and resource recovery; and establishing an affirmative <br />procurement program for procurement of recovered materials identified in the EPA <br />guidelines. <br />11) Notice of awarding agency requirements and regulations pertaining to <br />reporting. <br />12) Federal awarding agency requirements and regulations pertaining to <br />copyrights and rights in data. <br />13) Access by the Department, the Subrecipient, the Federal awarding agency, <br />the Comptroller General of the United States, or any of their duly authorized <br />representatives to any books, documents, papers, and records of the contractor <br />which are directly pertinent to that specific contract for the purpose of making audit, <br />examination, excerpts, and transcriptions. <br />14) Retention of all required records for six years after the Subrecipient has made <br />final payments and all other pending matters are closed.