Attachment A - Federal Requirements for Contractors 4.20.26.pdf

ATTACHMENT A

DEPARTMENT OF ENVIRONMENTAL PROTECTION

FEDERAL REQUIREMENTS

1. General Federal Funding. If this agreement is funded, in whole or in part, with funds from the Federal Government, or by non-Federal funds used to match a federal grant, the following provisions apply:

A. All work under this agreement must be performed in accordance with applicable statutes, rules, and regulations of the Federal Government. All applicable Federal statutes and provisions of the Code of Federal Regulations (CFR) in effect on the date of execution of this agreement are an integral part of this agreement.

B. All applicable contract provisions specified by the Federal Government are an integral part of this agreement.

2. EPA Funding. If this agreement is funded, in whole or in part, by a grant from the United States Environmental Protection Agency (EPA), all applicable provisions of 40 CFR Parts 31, 33, and 35 (Subpart O), in effect on the date of the Assistance Award for this Project, are an integral part of this agreement. Further, Contractor shall comply with the provisions pertaining to conflict of interest set forth at 40 CFR §35.6550(b)(2)(ii) and the MBE/WBE reporting requirements detailed more thoroughly in Section 6 of these terms.

3. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the Federal Grantor Agency. Further this agreement is subject to Federal Grantor Agency requirements and regulations pertaining to reporting and patent rights if the agreement involves research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under this agreement, as well as Federal Grantor Agency requirements and regulations pertaining to copyrights and rights in data.

4. Equal Employment Opportunity. The Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

5. General Audit Requirements.

A. Audit Requirements. The Contractor shall comply with all Federal and State audit requirements including: the Single Audit Act Amendments of 1996; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (“Uniform Guidance at 2 CFR Part 200”); and any other applicable law or regulation and any amendment to any other applicable law or regulation that may be enacted or promulgated by the Federal government. In instances where a Federal program-specific audit guide is applicable, the audit report package for a program-specific audit may be different and should be prepared in accordance with the audit guide and Uniform Guidance at 2 CFR Part 200.

B. Audit Thresholds.

i. If the Contractor is a local government or non-profit organization and expends total Federal awards of $1,000,000 or more during its fiscal year, received either directly from the Federal Government or indirectly through the Department, the Contractor is required to have an audit made in accordance with the provisions of Uniform Guidance at 2 CFR Part 200.

ii. If the Contractor expends total Federal awards of less than $1,000,000 during its fiscal year, it is exempt from the audit requirements of Uniform Guidance at 2 CFR Part 200, but is required to maintain auditable records of Federal awards and any state funds that supplement the awards, and to provide access to those records by Federal and state agencies or their designees.

C. Submission of Audit Information to the Commonwealth. The Contractor shall submit copies of the audit report package to the Commonwealth. The audit report package must include:

i. the Data Collection Form;

ii. financial statements and schedule of expenditures of Federal awards;

iii. Auditor’s reports on the financial statements and schedule of expenditures of

Federal awards, internal control, and compliance as well as a schedule of findings and questioned costs;

iv. a summary schedule of prior audit findings;

v. a corrective action plan, if applicable; and

vi. a Management letter comments.

The Contractor shall submit audit information to the Pennsylvania Office of the Budget, Bureau of Accounting and Financial Management, electronically, in the manner described on the Office of the Budget’s webpage for Single Audit Submissions:

https://www.budget.pa.gov/Services/ForContractorsAndSubrecipients/Pages/SingleAu ditSubmissions.aspx.

D. Required Auditing Standards. The Contractor is responsible for obtaining the necessary audit and securing the services of a certified public accountant or other independent governmental auditor. Federal regulations preclude public accountants licensed in the Commonwealth of Pennsylvania from performing audits of Federal awards. The Contractor’s auditor shall retain the audit documentation and audit reports for a minimum of five years from the date of issuance of the audit report, unless the Contractor’s auditor is notified in writing by the Commonwealth or the cognizant or oversight Federal agency to extend the retention period. The Contractor’s auditor must make the audit documentation available upon request to authorized representatives of the Commonwealth, the cognizant or oversight agency, the Federal funding agency, or the Government Accountability Office.

https://www.budget.pa.gov/Services/ForGranteesAndSubrecipients/Pages/SingleAudi https://www.budget.pa.gov/Services/ForGranteesAndSubrecipients/Pages/SingleAudi

E. Commonwealth Audit Rights Reserved. The Commonwealth reserves the right for Federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by Commonwealth or Federal agencies. Any additional audit work will rely on work already performed by the Contractor’s auditor, and the costs for any additional work performed by the Federal or state agencies will be borne by those agencies at no additional expense to the Contractor.

6. Required Utilization of Minority Business Enterprises/Woman-Owned Business

Enterprises (“MBE/WBE”) and Reporting Requirements.

A. General Requirement for MBE/WBE Utilization. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement.

The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements.

Failure by the Contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or other legally available remedies.

B. MBE/WBE Reporting Requirements. The Contractor shall provide the Commonwealth with documentation of all procurements awarded in relation to the Scope of Work provided in this agreement, regardless of the awarded amount. If a procurement involved a certified MBE/WBE entity, that information must also be included.

Procurement activity must be reported to the Commonwealth by all Contractors, within 15 days of the close of each calendar quarter (January 15, April 15, July 15, and October 15, each a “Reporting Period”). A procurement is defined as any expenditure through contract, order, purchase, lease or barter of supplies, equipment, construction, or services needed to complete the work. All procurements awarded during the Reporting Period must be reported, even if it did not involve a certified MBE/WBE contractor.

The Contractor shall submit procurement information for the Reporting Period even if no procurement occurred during the Reporting Period. Procurement documentation must be provided via email at RA-EPMBEWBE@pa.gov and meet the following requirements:

1. The subject line of the email must contain the following: MBE/WBE Reporting for Report Period [INSERT APPLICABLE REPORTING PERIOD DATE] –

NAME OF REPORTING ORGANIZATION, DEP DOCUMENT OR

CONTRACT NUMBER

a. DEP Document Numbers usually begin with a C9, 40, 41, or 43.

2. The body of the email must contain the following information:

a. Point of Contact Information: Name, Telephone Number, Email Address, Reporting Period.

b. If the entered report is a Final Report, indicate as much. A Final Reporting period is the last quarter of the agreement’s term.

c. If no procurements were awarded, indicate as such.

https://www.ecfr.gov/current/title-40/part-33 mailto:RA-EPMBEWBE@pa.gov

d. Total Procurements & MBE/WBE awarded during the Reporting Period (in dollars) in the following format:

Construction Non- Construction Total

Total Procurement $ $ $

MBE/WBE Combined $ $ $

e. If procurements were made during the Reporting Period, indicate whether the Contractor has followed the six Good Faith Efforts found in 40 CRF Part 33, Subchapter C, 40 CRF § 33.501, and 2 CFR § 200.321.

f. If procurements were made but no MBE/WBE procurements are being reported, indicate the reason as one of the following:

i. No MBE/WBE applied

ii. No MBE/WBE was qualified

g. An itemization of all procurements must be attached to the email. A template Excel spreadsheet is available upon request. An example of the desired information is as follows:

Federal

CFDA#

Construction (Yes or No)

Commitment item/Expenditure

Classification Payment

Type Vendor Name

Actual Expends

No MBE/ WBE(s) applied

No MBE /WBE(s) qualified

Other (Please explain)

66.805 No 6331100

Telecomm- Rec check CDW GOVT $ 19.52

7. Clean Air Act (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.). If the Contractor is in receipt of an award in excess of $100,000, the Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.). Any contract entered into by the Contractor that is in excess of $100,000 and utilizes these awarded funds must contain a provision that requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.). The Department shall report violations to the Regional Office of the EPA.

8. U.S. Energy Policy and Conservation Act. The Contractor shall comply with mandatory standards and policies relating to energy efficiency in compliance with the U.S. Energy Policy and Conservation Act (42 U.S.C. §§ 6201 et seq.).

9. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 et. seq.) – Where applicable, all contracts awarded by the Contractor in excess of $100,000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers must include a provision for compliance with the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR Part 5). Pursuant to the Act, each contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The Act is applicable to construction work and provides that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

10. Copeland “Anti-Kickback” Act (18 U.S.C. § 874 and 40 U.S.C. § 276c) – All contracts and subgrants entered into by the Contractor under this agreement in excess of $100,000 for construction or repair must include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. § 874), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Contractor shall report all suspected or reported violations to the Federal Grantor Agency.

11. Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and §§ 3146-3148) – When required by

Federal program legislation, all construction contracts awarded by the Department and the Contractor of more than $2000 must include a provision for compliance with the Davis- Bacon Act (40 U.S.C. §§ 3141-3144, and §§ 3146-3148) and as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Under this Act, contractors must be required to pay wages to laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

In addition, contractors must be required to pay wages not less than once a week. The Department shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract is conditioned upon the acceptance of the wage determination. The Department shall report all suspected or reported violations to the Federal Grantor Agency.

12. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) – Contractors who apply or bid for an award of more than $100,000 must file the required certification. Each Contractor certifies to the Federal Grantor Agency that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each Contractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

13. Build America, Buy America Act (23 U.S.C. § 313; 23 CFR § 635.410)

A. General Requirement. As required by section 70914 of the Build America Buy

America (BABA) Act, also known as the “Infrastructure Investment and Jobs Act”, P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to a waiver approved by the United States Department of Interior. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

B. Applicability to Infrastructure Projects. The Contractor is hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

C. Excluded Items. The BABA preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to a project site and removed at or before the completion of the infrastructure project. Nor does a BABA preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

14. Debarment and Suspension (Executive Orders 12549 and 12689). No contract shall be made to parties listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension.” This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other that Executive Order 12549.

Contractors and any contractor to whom they award contracts utilizing the Federal money that is the subject of this contract must certify that they are not debarred, suspended, or proposed for debarment by the Federal Government. Certifications made by contractors of Contractor must be retained by Contractor and made available to the Department upon request.

15. Appropriation Contingency. This commitment is contingent upon funds being appropriated by the legislature for each succeeding fiscal year and Federal funds being provided to the

Commonwealth for the contract purpose.

16. Registration and Identification Information. The Contractor shall maintain current registration in the System for Award Management (www.sam.gov) at all times during which it has active federal awards funded pursuant to this agreement. A Unique Entity Identifier (UEI) number is one of the requirements for registration in the System for Award Management. The Contractor shall provide its assigned UEI number to the Commonwealth along with the Contractor’s return of the signed agreement. The Department will not process this agreement for Commonwealth signature until the Contractor provides this required information.

17. Primary Location. The Contractor must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip+4. If performance is to occur in multiple locations, the Contractor must list the location where the largest amount of the funds are to be expended pursuant to this agreement. The Contractor must provide this information to the Commonwealth when the Contractor returns the signed agreement.

The Department will not process this agreement for Commonwealth signature until the Contractor provides this required information.

18. FFATA Requirements.

A. Information Required. Pursuant to the Federal Funding Accountability and Reporting

Act (“FFATA”), the Contractor must provide to the Department the names and total compensation of the five most highly compensated officers of the entity if—

1. the entity in the preceding fiscal year received—

a. 80% or more of its annual gross revenues in Federal procurements (and subcontracts) or Federal awards (and subawards); and

b. $25,000,000 or more in annual gross revenues from Federal procurements (and subcontracts) or Federal awards (and subawards); and

2. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m(a), § 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

B. Exemption Requirements. If the Contractor does not meet the conditions listed above, it must specifically affirm to the Department that the requirements of this clause are inapplicable to the Contractor. The Contractor must provide information responding to this question along with the Contractor’s return of the signed agreement. The Department will not process this agreement until such time that Contractor provides the information responding to this question.

http://www.sam.gov/