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b,
<br />$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
<br />$10,000; procuring solid waste management seruices in a manner that maximizes energy
<br />and resource recovery; and establishing an affirmative procurement program for
<br />procurement of recovered rnaterials identified in the EPA guidelines,
<br />11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
<br />t2) Federal awarding agency requirements and regulations portaining to copyrights and rights in
<br />data,
<br />13) Access by the Departrnent, the Subrecipient, the federal awarding agency, the Comptrolter
<br />General of the United States, or any of their duly authorized representatives to any books,
<br />docurnont$, papers, and records of the contractor which are directly pertinent to that specific
<br />coniract for the purpose of making audit, examination, excerpts, and transoriptions.
<br />14) Retention of all required records for six years after the Subrecipient has made final payments
<br />and atlother pending matters are closed,
<br />15)--Mandatory-standards and-policies'relating-to energy-efficiency"which are contained ih-thd
<br />state energy conservation plan issued in compliance with the Energy Policy and
<br />Conservation Act (Pub. L. 94-163, 89 $tat- 871).
<br />16) Pursuant to Executive Order 13858 "Strengthening Buy-Amertcan Frcfercnces for
<br />Inlrastructure Pto,1bcfs," and as appropriate and to the extent consistent with law, the non-
<br />Federal entity should, to the greatest axtent praeticable under a Federal award, provide a
<br />preference for the purcha$e, acquisition, or use of goods, products, or materials produced in
<br />the United States, as required in 2 CFR Pad 200.322, in every contract, subcontract,
<br />pufchase order. or sub-award that is chargeable against federaltinancial assistance awardg.
<br />17) Per 2 C.F,R. $ 200.216, prohibitions regarding ceriain telecommunications and video
<br />surveillance services or equipment are mandated by secfion 889 of the John 8. McCain
<br />NationalDefense Authortzafion Act far FiscalYear 2019 (FY 2019 NDAA), Pub. L. No. 115-
<br />2s2 (2018).
<br />The Department reserves the right to revlew the Subrecipient's procurement plans and
<br />a n ges-to-bri ng-its-pla ns-and-d oeuments-into -' -'
<br />compliance with the requirements of 2 CFR Part 200.317 through 2Q0.3?.7, The Subrecipient
<br />must ensure that its procurement process requires contractors and subcontractors to provide
<br />adequate docurnentation with sutflcient detall to support the costs of the project antl to allow both
<br />the $ubrecipient and Department to make a dgterrnination on eligibility of project costs,
<br />All contracting agreements entered into pursuant to this Agroement shall incorporate this
<br />Agreement by reference,
<br />4.12
<br />The use or disclosure by any party of any information concerning the Department for any purpose not
<br />directly connected with the administration of the Department's or the Subrecipient's responsibilities with
<br />respeot to servicee provided under this Agreement is prohibited except by prior written consent of the
<br />Department or as required to comply with the state Public Records Act, other law or court order,
<br />DISPUTFS
<br />Except as othen/ise provided in this Agreement, when a bona fide dispute arises between the parties
<br />and it cannot be resolved through discussion and negotiation, either party may request a dispute
<br />resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
<br />the disputed issues, state the relative positione of the parties, and he sent to all parties. The hoard shall
<br />consist of a representative appointed by the Department, a representative appointed by the $ubrecipient,
<br />and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
<br />shall be final and binding on the parties hereto, Each party shall bear the cost for its member of the
<br />dispute resolution board and its attorney fees and costs and share equally the cost of the third board
<br />member,
<br />c,
<br />DHS-FEMA-HSGP-SHSP-FY24 Fage 17 of48 Ki11i1sg Csltnty, E25*224
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