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Public Assistance Grant Agreement Page 12 of 21 Kittitas County, D20-189 <br />7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. <br />1251-1387), 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. <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 b ooks, <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.