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items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 lhal contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Depailment, the Subrecipient, the federalawarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years afterthe Subrecipient has made final payments and all other pending mafters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub, L. 94-163, 89 Stat. 871), 16) Pursuant to Executive Order 13858 "strengthening BuyAmerican Preferences for lnfrastructurc Plojects," and as appropriate and to lhe extent consistent with law, the non- Federal entity should, lo the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or malerials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C,F.R. S 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by secflon 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2O19 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 2OO.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project cosls. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. DISCLO$URE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to seMces provided under this Agreement is prohibited except by prior written consent of the Department or as required to eomply with the state Public Records Act, other law or courl order. DISPUTES Except as othenrise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, stata the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third par$ mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear lhe cost fbr its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. A.11 4.12 DHS.FEMA.HSG P.SH SP-FY22 Page 15 of44 Klttitas County, E23-1 16