Disaster_Debris_Estimating_Field_Guide.pdf

Debris Estimating Field Guide FEMA 329 / September 2010

FEMA DEBRIS ESTIMATING FIELD GUIDE

CONTENTS

Introduction

Debris Estimating Considerations

Debris Estimating Methods

Ground Measurements

Buildings and Residences

Conversion Factors

Aerial Estimates

Computer Models

Safety

FEMA DEBRIS ESTIMATING FIELD GUIDE 1

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, (Stafford Act), Public Law 93-288, as amended, 42 U.S.C. §5121, et seq., authorizes the Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program to award Federal funding to State and local governments, Federally recognized Tribes, and certain eligible private non-profit organizations in order to assist them in their disaster response and recovery activities. Under the Stafford Act, FEMA provides PA program grant funding for debris clearance, removal, and monitoring efforts to eligible applicants following a Presidential emergency or disaster declaration.

Timely, accurate, and consistent estimates of debris quantities and types are an important aspect of FEMA debris operations. FEMA uses debris estimates obtained during Preliminary Damage Assessment (PDA) activities to provide part of the basis for its recommendation as to whether a disaster declaration should be approved. FEMA also uses PDA debris estimates to identify potential needs for Mission Assignments for Technical and Direct Federal Assistance to PA applicants.

The FEMA PA Debris Task Force Leader (DTFL) relies on PDA debris estimates to make informed decisions concerning staffing levels, required technical expertise, organizational

INTRODUCTION

FEMA DEBRIS ESTIMATING FIELD GUIDE2

structure, and geographic distribution of the FEMA PA Debris Task Force. The DTFL also uses debris estimates to update senior FEMA management, the State, applicants, and the general public regarding the status of debris operations. Finally, the FEMA PA Debris Task Force relies heavily on accurate debris estimates to define eligible scopes of work during project formulation and Project Worksheet development for an applicant’s debris-related activities.

Section 407(e) of the Stafford Act establishes deadlines for FEMA to provide funding for debris removal activities. The complete text of Section 407(e) is as follows:

(e) Expedited Payments –

(1) Grant Assistance – In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2).

(2) Date of Payment – Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in paragraph (1) shall be paid.

FEMA Debris Technical Specialists must work closely with the State, Tribal governments, and applicants to achieve reasonable, consensus-based debris estimates.

FEMA DEBRIS ESTIMATING FIELD GUIDE 3

This document is intended for use as a supplement to the Public Assistance Debris Management Guide (FEMA 325) to ensure that FEMA Debris Technical Specialists apply a consistent methodology to obtain accurate debris estimates in accordance with PA program eligibility criteria.

FEMA DEBRIS ESTIMATING FIELD GUIDE4

The DTFL should clearly define the accuracy and precision requirements for disaster debris estimates in the FEMA

Debris Operations Strategy to achieve the desired results. A key consideration in defining estimate requirements is how the estimate will be used, e.g., if a debris estimate is only used for a PDA, the level of accuracy and precision required is less than that required to develop a Project Worksheet.

The formulas, assumptions, and conversions used by the FEMA Debris Task Force must be applicable to the circumstances of the disaster and be consistently applied.

FEMA Debris Technical Specialists should confirm with the DTFL which formulas, assumptions, and conversions should be used and remember to check all work for accurate math and units of measure. FEMA Debris Technical Specialists should document the basis of the debris estimate, including the methodology and equipment used, formulas, assumptions, and conversions to support decision making.

The equipment and resources required will depend on the type of estimating method used. Examples of possible equipment include cameras, measuring tapes, and GPS units.

Examples of possible resources include the personnel required to develop the estimates, Geographic Information System (GIS) data, aerial photos, and debris modeling information.

DEBRIS ESTIMATING

CONSIDERATIONS

FEMA DEBRIS ESTIMATING FIELD GUIDE 5

There are several methods available to develop debris estimates. The DTFL should select the method based on the accuracy, precision, and schedule requirements of the operation, and by the availability of resources such as personnel and equipment.

• Ground measurements of debris can be taken to develop estimates, using visual observation and detailed data collection with equipment such as measuring tapes and GPS units

• Aerial and satellite photographs of areas taken before and after the disaster event may be used to estimate debris quantities and types, based on the structures, features, and debris observed in the photos

• Computer models, including those developed by the U.S. Army Corps of Engineers (USACE) and FEMA

The FEMA Debris Task Force may use a combination of estimating methods, if necessary, to meet the requirements of the operation.

DEBRIS ESTIMATING

METHODS

FEMA DEBRIS ESTIMATING FIELD GUIDE6

GROUND MEASUREMENTS

The basic steps and considerations when completing debris estimates using ground measurements include:

1. Define the area covered by the debris estimate:

a. Divide the area, as needed, to differentiate differences in debris types and amounts, which may be influenced by items such as differences in land use (e.g., rural versus urban) within the area

b. Division of the area into sections should take into account how the applicant may have divided the area into sections, either for the purpose of developing debris estimates or for planning the execution of debris removal activities

2. Determine whether comprehensive debris measurements (e.g., street-by-street) or measurement of a representative sample is appropriate for the estimate requirements

3. Identify and obtain the personnel and equipment necessary to complete the estimate:

a. The number of personnel used depends on the area to be covered, ease of access to the area, schedule to complete the estimate, and availability of personnel resources

b. The equipment used for ground measurements commonly includes a digital camera, measuring tape or roll-off wheel, calculator, sketch pad and note

FEMA DEBRIS ESTIMATING FIELD GUIDE 7

paper, maps, GPS unit, laser rangefinder, and equipment needed for logistics and safety (e.g., vehicle, cell phone, first aid kit)

4. Engage the State and applicant in the ground measurement process:

a. The applicant is generally a source of information used for the estimate, such as locations of public property and rights-of-way, and planned debris removal activities

b. Proactively engaging the State and applicant will also facilitate achieving earlier, consensus-based debris estimates.

Additional considerations regarding debris estimates based on ground measurements include:

• Ensure the measurements include all eligible debris

º Eligible debris may include disaster-generated debris located in the yards or inside of residences that has not yet been placed on the right-of-way

º Limbs hanging in trees that will likely be placed on rights-of-way should be included

º Flood disasters may produce personal property debris (e.g., household furnishings, clothing) that may still be in residences at the time of the debris estimate

FEMA DEBRIS ESTIMATING FIELD GUIDE8

º The estimate should not include any ineligible debris (e.g., old tires, residential construction materials, and white goods awaiting disposal prior to the disaster event), but ineligible debris (estimated quantity and location) should be noted so that it can be properly addressed during project formulation

• Recognize that debris may undergo changes in volume during the handling process

º Flood-deposited sediment may be naturally compacted in place, and the volume may increase when it is removed

º Leafy vegetative debris located on public property and rights-of-way may experience a significant reduction in volume when it is mechanically loaded into trucks

• One acre of debris 10 feet high converts to

16,133 CY

43,560 SF x 10 FT = 16,133 CY

FEMA Debris Technical Specialists should approximate the volume of debris piles using cubes when conducting ground measurements, as opposed to using formulas to approximate the volumes of debris piles as cones or pyramids.

FEMA DEBRIS ESTIMATING FIELD GUIDE 9

BUILDINGS AND RESIDENCES

General Building Formula

To estimate the amount of debris generated by a building, multiply the building length, width, and height in feet by a constant of 0.33 to account for the air space in the building, and divide the resulting number by 27 to convert from cubic feet to cubic yards:

Length x Width x Height x 0.33 = CY

Single Family Residence Formula

FEMA conducted an empirical study following Hurricane Floyd in North Carolina in 1999, and developed a formula for estimating debris associated with demolished single family residences:

Length x Width x S x 0.20 x VCM = CY

Length and Width must be in feet S = number of stories in the building

0.20 = a constant based on the study data VCM = a vegetative cover multiplier

The building square footage used in the formula is the total living space at and above ground level and includes attached garages.

If buildings or residences are completely destroyed, square footage can still be calculated by measuring the length and width of the foundation and inquiring about the number of stories that were present before the disaster.

FEMA DEBRIS ESTIMATING FIELD GUIDE10

Note: The two formulas above provide different results if applied to the same building because the general building formula was developed using a basic volume calculation and assumed air space, while the demolished single family home formula was developed using field data. The DTFL should select the formula for calculating debris volumes for buildings and residences based on which formula provides the most accurate debris estimate given the circumstances and data available from the particular disaster.

FEMA developed Vegetative Cover Multipliers (VCM) for use in combination with the formula for a demolished single family residence, to estimate the quantity of vegetative debris that should be added to the quantity of debris estimated for demolished homes within a subdivision or neighborhood:

Light (1.1 multiplier) includes new home developments where more ground is visible than trees and canopy cover is sparse

Medium (1.3. multiplier) generally has a uniform pattern of open space and tree canopy cover, and is the most common description for vegetative cover

Heavy (1.5 multiplier) is found in mature neighborhoods and woodlots where the ground or houses cannot be seen due to the tree canopy cover

The table on the opposite page is based on the application of the vegetative cover multipliers to the debris estimating formula for a demolished single-family, single-story home.

FEMA DEBRIS ESTIMATING FIELD GUIDE 11

Table for Single Family, Single Story Homes

Typical House

(Square Feet)

Vegetative Cover Multiplier

None Light (1.1)

Medium (1.3)

Heavy (1.5)

1000 SF 200 CY 220 CY 260 CY 300 CY

1200 SF 240 CY 264 CY 312 CY 360 CY

1400 SF 280 CY 308 CY 364 CY 420 CY

1600 SF 320 CY 352 CY 416 CY 480 CY

1800 SF 360 CY 396 CY 468 CY 540 CY

2000 SF 400 CY 440 CY 520 CY 600 CY

2200 SF 440 CY 484 CY 572 CY 660 CY

2400 SF 480 CY 528 CY 624 CY 720 CY

2600 SF 520 CY 572 CY 676 CY 780 CY

For multiple-story residences, the debris generated by the demolished residence should be calculated using the total number of stories (as the formula dictates), however, the amount of vegetative debris calculated should be determined by applying the VCM to the amount of debris generated by just the first story square footage of the residence, i.e., the amount of debris calculated if S = 1.

FEMA DEBRIS ESTIMATING FIELD GUIDE12

The following numbers should be used to estimate the quantity of debris generated by a typical mobile home:

Typical single-wide mobile home:

290 CY

Typical double-wide mobile home:

415 CY

Because mobile homes have less air space due to their construction and layout, the numbers provided above are larger than those calculated using the general building formula.

Personal Property Placed on Public Rights-of-Way

FEMA and USACE have conducted empirical studies on the average amount of personal property brought to public rights-of-way from residences following flooding disasters:

Personal property for a slab on grade home:

25–30 CY

Personal property for a home with a basement:

45–50 CY

FEMA DEBRIS ESTIMATING FIELD GUIDE 13

CONVERSION FACTORS

USACE has developed several conversion factors for converting between tons and cubic yards of debris that FEMA has determined are reasonable:

Construction and demolition debris:

1 ton = 2 CY

Mixed debris:

1 ton = 4 CY

Vegetative debris:

Hardwoods: 1 ton = 4 CY Softwoods: 1 ton = 6 CY

Actual conversion values for a particular disaster may be very different; therefore, field tests coordinated with the State and applicant may be necessary to confirm an appropriate conversion factor.

AERIAL ESTIMATES

Applications where debris estimates based on aerial or satellite photography may be appropriate include:

• Rough estimates that must be developed quickly, such as for a PDA

• Validation or extrapolation of debris estimating information obtained through ground measurements or computer models

FEMA DEBRIS ESTIMATING FIELD GUIDE14

• Debris estimates for areas that are difficult to access

• Cases where it is difficult to gain a good perspective on debris quantities from the ground, e.g., estimating the size of very large debris piles at debris management sites

Basic steps involved in using aerial or satellite photographs to develop debris estimates include:

• Obtain aerial photos of all or a representative sample of the area

º Recent aerial photos from both before and after the disaster may be useful

º Sources of aerial photos could include the FEMA Planning Section, other Federal agencies (e.g., USACE), the State, applicants, and the press

FEMA DEBRIS ESTIMATING FIELD GUIDE 15

To analyze an individual photo:

• Select an object of reference with known dimensions (e.g., vehicles, garage doors) to establish a dimensional scale

• Apply the dimensional scale to determine the size of objects in the photo, and apply the appropriate debris estimating formulas to estimate debris quantities

COMPUTER MODELS

There are a variety of computer models that have been developed for estimating debris.

FEMA developed the HAZUS-MH software which includes models for estimating potential damages and losses (including debris generated) from floods, earthquakes, and hurricanes. Additional information can be found at (http://www.fema.gov/plan/prevent/ hazus/#1). Additionally, USACE has developed and continues to refine a debris estimating model that focuses primarily, although not exclusively, on hurricanes. Additional information, including model output data, can be found at http://www.englink.usace.army.

mil/.

Debris estimates generated by models are based on items such as:

• Historic information on debris quantities generated by similar disaster events

• GIS data on topography, land use, and level of development

• Information on the disaster, such as the extent of flooding or Hurricane Category

FEMA DEBRIS ESTIMATING FIELD GUIDE16

• Formulas that mathematically combine the information to generate an estimate

FEMA continues to develop and refine its debris estimating tools and processes to enhance the timeliness, accuracy, consistency, and efficiency of debris estimates. FEMA Debris Technical Specialists should refer to the Debris Task Force Leader for guidance on the status and use of new tools such as handheld data collection tablets in the field.

FEMA DEBRIS ESTIMATING FIELD GUIDE 17

SAFETY

YOU are responsible for your personal safety at all times.

Health/Safety Risks:

• Isolated and/or not readily accessible areas

• Heavy machinery, loud equipment, traffic

• Limited communication

• Extreme weather

• Large debris piles

• Waterborne, vector-borne, and blood-borne disease

• Rabid animals, infectious reptiles and plants

• Downed power lines and cables

• Gas leaks

• Natural and wildlife hazards

• Hazardous material

Any hazards posing an immediate threat to public health and safety should be reported to the appropriate authority immediately.

If you are faced with an emergency in the field:

• Remove yourself from the situation

• Call 911 if appropriate

• Contact your direct supervisor immediately

FEMA DEBRIS ESTIMATING FIELD GUIDE18

Field Safety Gear/Supplies:

• Appropriate clothing, footwear, and gloves

• Eye and ear protection

• Hardhat

• Respiratory protection

• Personal meds & Rx drugs

• Bottled water

• Maps and/or GPS device

• Cell phone

• Sunscreen, lip balm, insect repellant

• First aid kit

Proper FEMA identification should be visible at all times while on site.

NOTES:

Disaster recovery assistance is available without regard to race, color, national origin, sex, age, religion, disability, or economic status. Anyone who believes he/she has been discriminated against should contact the FEMA Helpline at 1-800-525-0321.

Report fraud, waste, and abuse to the Office of Inspector General on the Hotline at 1-800-323-8603.

FEMA 329

Prohibitions on Expending FEMA Award Funds for Covered Telecommunications

Equipment or Services

FEMA Policy #405-143-1

BACKGROUND

In 2018, Congress enacted legislation that prohibited obligating or expending federal award funds on certain telecommunications products or from certain entities for national security reasons. The statute and implementing regulations, as they apply to FEMA recipients and subrecipients, provide for two distinct prohibitions: 1) to prevent the use of federal award funds to procure or obtain covered telecommunications equipment or services; and 2) to prevent the use of federal award funds to contract with an entity that uses covered telecommunication equipment or services. This policy supersedes FEMA Interim Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, issued November 24, 2020.

PURPOSE

The purpose of this policy is to provide guidance to FEMA’s recipients and subrecipients and their contractors and subcontractors on prohibitions regarding certain telecommunications and video surveillance equipment and services beginning on or after August 13, 2020. These prohibitions are described in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA)1, and 2 Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.2

PRINCIPLES

The following principles underpin this policy:

A. Balance protecting national security, including homeland security and critical infrastructure, with the addition of required duties and limitations on FEMA’s recipients and subrecipients.

1 Pub. L. No. 115-232 (2018), Under section 889(a), these prohibitions also apply to federal procurements, and those prohibitions went into effect on Aug. 13, 2019. The General Services Administration, Department of Defense, and National Aeronautics and Space Administration have already amended the Federal Acquisition Regulation (FAR) and issued other guidance to implement these prohibitions. For additional information on the FAR provisions, see 48 CFR. §§ 4.2100- 4.2105, 52.204-24 – 52.204-26.

2 The new regulation at 2 CFR § 200.216 prohibits recipients and subrecipients from obligating or expending loan or grant funds; however, the updated regulations at 2 CFR. § 200.1 define the terms “recipient” and “subrecipient” in relation to the term federal award, which itself is defined in relation to the term federal financial assistance. Per the updated 2 CFR § 200.1, federal financial assistance, specifically for purposes of § 200.216, means grants, cooperative agreements, loans, and loan guarantees.

https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt

B. Provide clarity on how the statutory and regulatory prohibitions apply to recipients and subrecipients of FEMA grants, cooperative agreements, loans, and loan guarantees (collectively referred to in this policy as “FEMA awards” or “FEMA award funds”).

C. Reduce complexity by issuing a single policy for all FEMA awards, subject to limited programmatic variations.

D. Draw on existing regulations and guidance applicable to federal procurements, as appropriate, to promote consistent interpretation and definitions across the Federal Government.

REQUIREMENTS

A. APPLICABILITY

Outcome: To ensure these prohibitions are implemented in accordance with the statute and clarify when and to whom these prohibitions apply.

1. Under all open and future FEMA awards, this policy applies to:

a. Purchase orders, contracts, subcontracts, or similar acquisition actions:

i. That are new, renewed or extended on or after August 13, 2020;

ii. For all goods or services of any dollar amount; and

iii. By any FEMA recipient or subrecipient or their contractor or subcontractor under FEMA awards.

B. PROHIBITIONS

Outcome: To describe the statutory and regulatory prohibitions that apply to FEMA awards.

1. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to:

a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or

c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.3

C. EXCEPTIONS

Outcome: To explain the statutory exceptions to the prohibitions.

3 The statute prohibits obligating or expending any FEMA award funds on covered telecommunications and equipment;

therefore, these prohibitions flow down to a recipient’s or subrecipient’s contractors and subcontractors.

1. By statute, the prohibitions do not apply to:

a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. By necessary implication and regulation, the prohibitions do not apply to:

a. Covered telecommunications equipment or services that:

i. Are not used as a substantial or essential component of any system; and

ii. Are not used as critical technology of any system.

b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.4

D. REPLACEMENT OF COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

Outcome: To explain the statutory requirement to prioritize available funding for replacement equipment or services.

1. Section 889(b)(2) of the FY 2019 NDAA directs federal agencies to prioritize available funding and technical support to assist recipients and subrecipients as is reasonably necessary to:

a. Transition from covered telecommunications equipment or services and procure replacement equipment or services; and

b. Sustain communications service to users and customers.

2. Depending on the specific FEMA program, recipients and subrecipients may be permitted to use FEMA award funds to purchase replacement equipment or services.

a. Recipients and subrecipients should refer to program guidance or contact the applicable program office to determine whether replacement equipment or services is eligible under that program.

E. CONTRACT PROVISION

Outcome: To communicate that the regulation requires FEMA recipients and subrecipients and their contractors and subcontractors to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders.5

1. For purchases in support of declarations and FEMA awards issued on or after November 12, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services:

4 The regulation at 2 CFR § 200.471 describes telecommunications and video surveillance costs as generally allowable under the cost principles except when they are covered by the prohibitions in the FY 2019 NDAA and 2 CFR § 200.216.

5 2 CFR Part 200, Appendix II and 2 CFR § 200.327.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.471 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.216 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#Appendix-II-to-Part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.327

a. FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the FY 2019 NDAA and as clarified in this policy.

b. This also applies to subcontracts under any new, extended, or renewed contract.

2. For the required contract provision, recipients and subrecipients may draft their own provision that meets the requirements of the FY 2019 NDAA and 2 CFR § 200.216 to include in contracts and subcontracts. Alternatively, they may include language from FEMA’s Contract Provision Guide (June 2021) in their contracts and subcontracts.

Recipients and subrecipients should also consult their own contracting officials or legal counsel when incorporating any contract provision.

Pamela S. Williams Assistant Administrator Grant Programs Directorate

May 10, 2022 https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf

ADDITIONAL INFORMATION

REVIEW CYCLE

FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, will be reviewed, reissued, revised, or rescinded within four years of the issue date.

AUTHORITIES

A. Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).

B. 2 CFR §§ 200.1, 200.216, 200.317 – 200.327, 200.471.

C. 2 CFR Part 200, Appendix II.

D. OMB Final Guidance, Guidance for Grants and Agreements, 85 Fed. Reg. 49506 (August 13, 2020).

REFERENCES

48 CFR §§ 4.2100-4.2105 (FAR definitions implementing section 889, requirements for solicitation provisions and contract clauses), 52.204-24-52.204-26 (FAR language required for contract clauses).

DEFINITIONS

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).6

Covered foreign country means the People’s Republic of China.7

Covered telecommunications equipment or services means—

a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities);

b. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

6 48 CFR § 4.2101. FEMA notes that the FAR does not technically apply to grants, cooperative agreements, or loans, but its definitions are still useful in FEMA’s implementation of section 889 to its awards in the absence of other applicable definitions.

7 FY 2019 NDAA § 889(f)(2).

https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt https://www.govinfo.gov/content/pkg/FR-2020-08-13/pdf/2020-17468.pdf https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=7de90f41bc583551c50ee41700b9fb11&mc=true&n=pt48.2.52&r=PART&ty=HTML#se48.2.52_1204_625

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

c. Telecommunications or video surveillance services provided by such entities or using such equipment; or

d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.8

Critical Technology means—

a. Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, CFR;

b. Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15 CFR, and controlled –

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

c. Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10 CFR (relating to assistance to foreign atomic energy activities);

d. Nuclear facilities, equipment, and material covered by part 110 of title 10 CFR (relating to export and import of nuclear equipment and material);

e. Select agents and toxins covered by part 331 of title 7CFR part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

f. Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 United States Code 4817).9

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is

8 FY 2019 NDAA § 889(f)(3).

9 48 CFR § 4.2101.

ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.10

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.11

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.12

Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video surveillance, and cloud servers.13

MONITORING

FEMA will monitor the implementation and compliance of this policy through its regular programmatic monitoring procedures.

QUESTIONS

Questions regarding this policy may be directed to the GPD Policy mailbox at fema-gpd-policy@fema.dhs.gov.

10 48 CFR § 4.2101.

11 Id.

12 Id.

13 See 2 CFR §§ 200.1, 200.471.

mailto:fema-gpd-policy@fema.dhs.gov mailto:fema-gpd-policy@fema.dhs.gov

December 22, 2020 1 of 3

Purchasing Under a FEMA Award:

OMB Revisions

FEMA FACT SHEET

FEMA declarations and awards issued on or after November 12, 2020 are subject to major revisions to the federal procurement rules found at 2 C.F.R. §§ 200.317 – 200.327 as well as a new provision at 2 C.F.R. § 200.216 effective August 13, 2020 for new, renewed, or extended procurements under all open declarations or awards.

OMB Revisions The Office of Management and Budget (OMB) revised sections of OMB Guidance for Grants and Agreements found in Title 2 of the Code of Federal Regulations and these revisions are applicable to FEMA awards issued on or after November 12, 2020, unless specifically indicated otherwise. These revisions include changes to the federal procurement standards, which govern how FEMA award recipients and subrecipients must purchase under a FEMA award. This Fact Sheet is applicable to all FEMA award recipients and subrecipients purchasing under FEMA declarations or awards issued on or after November 12, 2020.

This Fact Sheet does not contain an exhaustive list of the revisions. FEMA award recipients and subrecipients are encouraged to review the “Federal Register Notice 2020-17468” and “Reference Document for Federal Register Notice: 2020-17468” for comprehensive information on the revisions to OMB Guidance for Grants and Agreements.

FEMA will be issuing additional guidance on implementation in the coming months.

Summary of Applicable Federal Procurement Rules For a FEMA award recipient or subrecipient to determine which federal procurement rules to follow, it must first determine whether it is a state entity or a non-state entity. Below are the federal procurement rules applicable to state and non-state entities effective November 12, 2020:

States and territories, including their agencies and instrumentalities, must follow their own documented procurement policies and procedures when purchasing under a FEMA award pursuant to 2 C.F.R. §

200.317. These entities must also comply with socioeconomic affirmative steps (2 C.F.R. § 200.321), requirement for domestic preferences for procurement (2 C.F.R. § 200.322), the requirements for procurement of recovered materials (2 C.F.R. § 200. 323), and ensure that all necessary contract provisions are included in their contracts (2 C.F.R § 200.327).

Non-federal entities other than states (collectively referred to as non-state entities), which include local governments, tribes and eligible private nonprofit organizations, must have documented procurement policies and procedures, which reflect applicable local, state or tribal law, and ensure compliance with the federal requirements listed at 2 C.F.R. §§ 200.318 – 200.327.

https://www.govinfo.gov/content/pkg/FR-2020-08-13/pdf/2020-17468.pdf https://www.performance.gov/CAP/20200812-2-CFR-Revision-Redline_Final.pdf https://www.performance.gov/CAP/20200812-2-CFR-Revision-Redline_Final.pdf

FACT SHEET- Purchasing Under a FEMA Award: OMB Revisions (Effective 11/12/2020)

Learn more at fema.gov December 22, 2020 2 of 3

In the case of noncompliance with the federal procurement rules, FEMA may apply a remedy, as appropriate, in accordance with its authorities found at 2 C.F.R. § 200.339 Remedies for Noncompliance.

New Rules and Major Revisions Procurements by State Entities (2 C.F.R. § 200.317)

In addition to following their own procurement policies and procedures, the Procurement of Recovered Materials at 2 C.F.R. § 200.323, and the Required Contract Clauses at 2 C.F.R. § 200.327 as required in previous OMB Guidance, state entities must now comply with the Socioeconomic Affirmative Steps at 2 C.F.R. § 200.321 and the Domestic Preferences for Procurements at 2 C.F.R. § 200.322.

Thresholds for Micro-purchases and Small Purchases (2 C.F.R. § 200.320(a))

To align with legislation related to the federal procurement standards, the revisions increase the micro-purchase threshold from $3,500 to $10,000 and the simplified acquisition threshold from $100,000 to $250,000 for non-state entities (definitions for micro-purchase threshold and simplified acquisition threshold are now found at 2 C.F.R.

§ 200.1). The revisions also allow non-state entities, which include local governments, tribes, institutions of higher education, and non-profit organizations to self-certify a micro-purchase threshold up to $50,000 on an annual basis or request a micro-purchase threshold higher than $50,000 consistent with the requirements at 2 C.F.R.

200.320(a)(1)(ii)-(v). However, non-state entities must still ensure they follow any applicable state/tribal/local thresholds that may be lower than the federal micro-purchase or simplified acquisition threshold.

Domestic Preferences for Procurement (2 C.F.R. § 200.322)

As appropriate and to the greatest extent consistent with law, state and non-state entities should, to the greatest extent practicable under its FEMA award, provide a preference for the purchase of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 2 C.F.R. § 200.322 also provides specific definitions for “Produced in the United States” and “manufactured products” that states should review.

Contract Provisions (2 C.F.R. § 200.327)

Two contract clauses were added to Appendix II of 2 C.F.R. Part 200. In addition to the previous contract clauses contained in the 2014 version of Appendix II of 2 C.F.R. Part 200, FEMA award recipient and subrecipient contracts and purchase orders must now include contract provisions for Domestic Preferences for Procurements (2 C.F.R. § 200.322) and for the Prohibition on Contracting for Covered Telecommunications or Services (2 C.F.R. § 200.216).

All state and non-state entity purchase orders and other contracts must include applicable contract clauses as described in Appendix II of 2 C.F.R. Part 200. Some clauses are required depending on the dollar amount of the purchase, while others may be required depending on the goods or services being procured.

Prohibition on Contracting for Covered Telecommunications or Services (2 C.F.R. § 200.216) effective August 13, 2020 for new, extended, or renewed procurements under all open FEMA awards

Although not one of the regulations within the federal procurement standards, 2 C.F.R. § 200.216 prohibits state and non-state entities from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or https://www.ecfr.gov/cgi-bin/text-idx?SID=9e2735bd0680674180eba4343ba5cfcf&mc=true&node=se2.1.200_11&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=9e2735bd0680674180eba4343ba5cfcf&mc=true&node=se2.1.200_11&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=5322f7e59ffd2ecc4c3b6a3887742eb0&mc=true&node=se2.1.200_1320&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=5322f7e59ffd2ecc4c3b6a3887742eb0&mc=true&node=se2.1.200_1320&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=98aff3dd3f6e5987bb0cb1268f13e51a&mc=true&node=pt2.1.200&rgn=div5#ap2.1.200_1521.ii

FACT SHEET- Purchasing Under a FEMA Award: OMB Revisions (Effective 11/12/2020)

Learn more at fema.gov December 22, 2020 3 of 3 essential component of any system, or as a critical technology as part of any system as identified in Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. See Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services- Interim Policy for additional information.

DISCLAIMER: This Fact Sheet is intended to provide general information on procurement compliance and is not inclusive of every rule that FEMA award recipients and subrecipients may need to comply with. Additional information regarding the federal procurement rules can be found on the PDAT Website: www.fema.gov/grants/procurement.

https://www.fema.gov/sites/default/files/documents/fema_prohibitions-expending-fema-award-funds-covered-telecommunications-equipment-services.pdf https://www.fema.gov/sites/default/files/documents/fema_prohibitions-expending-fema-award-funds-covered-telecommunications-equipment-services.pdf http://www.fema.gov/grants/procurement

Bid Due: June 16, 2022 at 2:00PM Local Time Exhibit “A” RFP 21/22-10 Disaster Debris Hauling Services

1. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)

Preamble

The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit.

The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below.

Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).

Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements.

The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.

Definitions

For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5.

Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.

Non-Federal employer means any employer with respect to covered funds -- the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government.

Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds.

Special Provisions

A. Flow Down Requirement

Recipients must include these special terms and conditions in any subaward.

B. Segregation of Costs

Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects.

C. Prohibition on Use of Funds

None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

D. Access to Records

With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized --

(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and

(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions.

E. Publication

An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies:

Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant.

Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

F. Protecting State and Local Government and Contractor Whistleblowers.

The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:

Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of:

- gross management of an agency contract or grant relating to covered funds;

- a gross waste of covered funds;

- a substantial and specific danger to public health or safety related to the implementation or use of covered funds;

- an abuse of authority related to the implementation or use of covered funds; or

- as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.

Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal.

The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions:

- Order the employer to take affirmative action to abate the reprisal.

- Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

- Order the employer to pay the…