Attachment 06 - Bil Clause 3.18-1.docx

AMS 3.18-1 Bipartisan Infrastructure Law – Reporting Requirements (October 2022)

(a) Definitions. As used in this clause —

“Bipartisan Infrastructure Law (BIL)” means the Infrastructure Investment and Jobs Act, Public Law No. 117-58.

“Contract” means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq.

“First-tier Subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a contract funded by the BIL.

“Total Compensation” means the complete pay package of Contractor employees, including all forms of money, benefits, services, and in-kind payments, consistent with the regulations of the Securities and Exchange Commission at 17 CFR 229.402.

(b) This contract requires products and services that are funded under the BIL. Therefore, pursuant to AMS Guidance T3.18 “Bipartisan Infrastructure Law” the Contractor is required to report on its use of BIL funds under this Contract.

(c) Reports from the Contractor for all work funded, in whole or in part, by the BIL, are due on a standardized template that must be submitted quarterly and at the completion of the contract to the email address indicated on the standardized BIL reporting template included as a data requirement under the contract. This standardized template will be known as the “Uniform Bipartisan Infrastructure Law (BIL) Data Report” form.

(d) The Contractor must complete the Uniform BIL Data Report and provide the following information:

(1) The Contractor’s point of contact

(2) The Contractor’s legal business name and address

(3) The Contractor’s business socio-economic status

(4) The Government contract and/or order number

(5) Modification number if applicable

(6) Total obligated to date for performance of the contract requirement

(7) A list of applicable Job Control Number(s) (JCNs) complete with city, state, and nine-digit zip code of the JCN location, and the dollar value of the work to be performed at that specific JCN location.

(8) If applicable, a list identifying all non-domestic purchases associated with this contract/order/modification by associated JCN, a description of each non-domestic product/technology to include manufacturer and model number, and the dollar value of the non-domestic product/technology.

(9) If applicable, by JCN, a list identifying all installed Energy Savings initiatives by associated JCN and a description of the product/technology that is to be removed/replaced to include manufacturer, model number, size, age, etc.

(10) If applicable, for each JCN, a list identifying the total dollars to date awarded on all first-tier subcontracts by socio-economic category.

(11) By JCN a list identifying the number of jobs created expressed as "full-time equivalent" which must include full-time, part-time, temporary, and permanent positions as expressed as a "person-year," for the Contractor and all first tier subcontractors. Any jobs created with funding other than BIL funding are not to be included in the numbers.

(End of clause)

Prescription: Must be used in all SIRs and contracts funded, in whole or in part, by the Bipartisan Infrastructure Law (BIL). This includes, but is not limited to, Government-wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite delivery/ indefinite-quantity (ID/IQ) contracts that will be funded with BIL funds.

UCF Section: I

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