|
All the lnstructions, guidance, llmltations, and other conditlons set forth ln the Notlce of Fundlng Opportunlty (NOFO) for ihis
<br />program are incorporated here by reference in the award terms and conditions. All recipients must comply with any suoh
<br />requirements set forth in the program NOFO.
<br />Aftlcle XXXII . Pstents and lnteltectual Property Rlghts
<br />Recipients are subject to the Bayh-Dole Act, 35 U.S,C. section 200 et seq, unless othsrurise provided by law, Reclpients are
<br />subJeot to the speolfio requlrements governing the developmont, reporting, and disposition of rights to inventions and patents
<br />resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and tho standard patent rights clause located
<br />at 37 C,F,R. section 401,14.
<br />Article XXXlll . Procurement of Recovered Materials
<br />States, political subdlvlslons of states, and their contractors must comply with Seotion 6002 of the Solid Waste Disposal Aot,
<br />Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C, seotlon 0962.)
<br />The requirements of $ectlon 6002 include proouring only ltems deslgnated in guidelines of the Envlronmental Proteotlon
<br />Agenoy (EPA) at 40 C,F.R. Pa*.247 lhal contain the highest percentage of recovered materlals praotioable, c,onsistent wlth
<br />maintalning a satlsfaotory level of competltion.
<br />Artlcle XXXIV. Rqhabllltation Act of '1973
<br />Reolpients must comply wlth the requiremento of Section 504 of the Rehabilitation Aot of '1973, Pub, L, 93-11 2 (1 973) (codified
<br />as amended at 29 U.S.C. sectlon 794), whlch provides that no othenrvlse qualifiecl handlcapped lndividuals in the United
<br />States wlll, solely hy reason of the handloap, be excluded from parflclpation ln, be denled the beneflts of, or be subJected to
<br />disorimination under any program or activlty receivlng federal finanoial assistanoe,
<br />Article XXXV. Reportlng of Matters Related to Reciplent lntegrity and Performance
<br />General Reporting Requi remente:
<br />lf the total value of any currently actlve grants, cooperative agreements, and procurement contracts from all federal awardlng
<br />agencles exceeds $10,000,000 for any period of tlme during the perlod of performance of thls federal award, then the
<br />recipients must comply wlth the requlrements set forth ln the government-wlde Award Term and Condltion for Reclpient
<br />lntegrity and Perforrnance Matters located at 2 C,F.R. Part 200, Appendix Xll, the full text of whioh ls inoorporated here by
<br />reference in the award terms and conditions,
<br />Article XXXVI . Reportlng Subauards and Executive Gompensafion
<br />Reporting of first tier subawarde:
<br />Reoipients are required to comply with the requiroments set forth in the governmentwide award tsrm on Reporting Subawardg
<br />and Exeoutive Compensation looated at 2 C.F.R. Part 170, Appsndix A, the full text of which ls incorporated here by reference
<br />in the award terms and conditions.
<br />Artlcle XXXVII - Requlred Use of Amerlcan lron, $teel, Manufactured Productr, and Constructlon Materlals
<br />Recipients must comply wlth the Build Amerlca, Buy America provlslons of the lnfrastructure lnveetment and Jobs Act and
<br />E,O, 14005. Reolpients of an award of Federal financlal aesistance from a program for infrashucture are heregr notifled that
<br />none of the funds provlded under this award may be used for a proJeot for lnfrastruoture unlees:
<br />(1) all iron and steel used ln the proJect are produced in the United States-this means all manufaoturing processes, from the
<br />initial melting stage through the appllcatlon of coatlngs, oocurred in the United States;
<br />(2) all manufactured produote used in the project are produced in ihe Unlted States-this means the manufactured product was
<br />manufactured ln the Unlted Statos; and the cost of the components of the manufaciured product that are mlned, produced, or
<br />manufactured in the United States is greater than 55 percent of the total cost of all oomponents of the manufactured product,
<br />unless another standard for determining the minimum amount of domestic content of the manufactured product has been
<br />establlshed under applloable law or regulation; and
<br />(3) all oonstruction materials are manufactured in the United States-thls means that all manufacturing processes for the
<br />construction material occurred ln the United States.
<br />The Buy America preference only applies to artioles, materials, and supplies that are oonsumed ln, incorporated into, or
<br />afflxed to an lnfrastruoture proJect. As such, it does not apply to tools, equipment, and supplles, suoh as temporary scaffolding,
<br />DHS.FEMA-H SGP.SHSP-FY23 Page 33 of 48 Kittitas County, E24-'135
|