Attachment_[E]_EPA_Federal_Grant_Requirements.pdf

ATTACHMENT E

Federal Procurement Requirements (EPA Community Grant–Funded Project)

This solicitation is funded in part with federal financial assistance from the U.S.

Environmental Protection Agency (EPA). As a result, this procurement is subject to applicable federal requirements. All Proposers must comply with the procurement standards set forth in 2 CFR Part 200, as applicable. Please note that these requirements are imposed by the EPA as a condition of federal financial assistance and are subject to modification based on changes in federal law or policy. This solicitation is for project design and engineering services only.

1. Proposer Acknowledgements

By submitting a proposal, Proposer acknowledges and agrees to comply with applicable federal requirements associated with EPA Community Grant funding, including the following:

a. Proposer is not suspended, debarred, or otherwise excluded from participation in federal assistance programs, in accordance with 2 CFR § 200.214.

b. Proposer shall comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. §

1352), as implemented through 2 CFR Part 200, Appendix II. Each Proposer shall submit a completed Anti-Lobbying Certification with its proposal. If applicable, the apparent successful Proposer shall also submit a Disclosure of

Lobbying Activities (SF-LLL) prior to contract award.

c. Proposer certifies that it does not use, and will not use, any covered telecommunications equipment or services, as defined in 2 CFR § 200.216, in the performance of any contract awarded under this solicitation.

d. Proposer shall comply with EPA Disadvantaged Business Enterprise (DBE) program requirements, including DBE utilization, documentation of the Six

Good Faith Efforts, and DBE reporting obligations, as set forth in 40 CFR Part

33, and as more specifically described in Section 2 below.

2. EPA Disadvantaged Business Enterprise (DBE) Program Requirements

This project is subject to the EPA’s DBE Program requirements under 40 CFR Part

33. The selected Proposer shall comply with all applicable DBE requirements, including DBE utilization and reporting obligations. EPA Form 5700-52A

(MBE/WBE Utilization Under Federal Grants) shall be completed and submitted on a quarterly or annual basis, as required by the EPA grant terms and conditions.

3. Competition Requirements

This procurement shall be conducted in accordance with the full and open competition requirements of 2 CFR § 200.319. Geographic preferences are prohibited, except where expressly permitted by federal statute. The City will prepare an Independent Cost Estimate and conduct a cost or price analysis in accordance with 2 CFR § 200.324 prior to award.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

ATTACHMENT E

4. Prevailing Wage Requirements

To the extent applicable, the selected proposer shall comply with all federal, state, and local prevailing wage and labor compliance requirements associated with this project or any funding source used.

5. Mandatory Federal Contract Clauses

Any contract resulting from this solicitation shall include federal contract provisions required under 2 CFR Part 200, Appendix II, as applicable. Such provisions shall be incorporated by reference and may include, but are not limited to, the following:

a. Clean Air Act and Federal Water Pollution Control Act

b. Debarment and Suspension

c. Byrd Anti-Lobbying Amendment

d. Build America, Buy America Requirements

e. American Iron and Steel Requirements

f. Prohibition on covered telecommunications and video surveillance equipment or services

6. Access to Records

In accordance with 2 CFR § 200.337, the EPA, the U.S. Comptroller General, the

Office of Inspector General, and the City shall have the right of access to records of the Proposer that are pertinent to the federal award for audit and oversight purposes.