Exhibit A - Fed Regulations.pdf

Updated June 14, 2024

Exhibit A

Required Federal and State Provisions

A. RECORDKEEPING REQUIREMENTS. Generally, all contractors and subcontractors must maintain records and financial documents related to this contract un�l at least December 31, 2031. U.S. Treasury may request the transfer of records of long-term value at the end of such period. Wherever prac�cable, such records should be collected, transmited, and stored in open and machine-readable formats. See generally, 2 CFR 200.334 through 200.338.

All contractors and subcontractors must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (GAO), Treasury’s Office of Inspector General (OIG), and their authorized representa�ve in order to conduct audits or other inves�ga�ons.

B. UNIFORM GUIDANCE. Under the Final Rule issued by the U.S. Department of the Treasury (Treasury) referenced at htps://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, this contract is subject to the requirements set forth in the Uniform Administra�ve Requirements, Cost Principles, and Audit Requirements for Federal Awards, (the “Uniform Guidance”) at 2 CFR 200.317 through 200.327. All payments requested under this program should be accounted for with suppor�ng documenta�on. All contractors and subcontractors should maintain documenta�on evidencing that the Program Funds were expended in accordance with federal, state, and local regula�ons.

C. TERMINATION/RECOVERY OF PROGRAM FUNDS. Treasury requires any Program Funds received pursuant to this Agreement and any atachments that are expended in a manner that fails to comply with SLFRF and all other applicable laws to be returned to Treasury. The State reserves the right to monitor the Subrecipient and their contractors and subcontractors and take such correc�ve ac�on for noncompliance as it deems necessary and appropriate, including but not limited to, termina�on of the Grant Agreement and return of Program Funds previously provided thereunder.

D. ALL CONTRACTS IN EXCESS OF $10,000 must address the contract’s termina�on for cause and termina�on for convenience by the subrecipient including the manner by which it will be affected and the basis for setlement, if any.

E. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the defini�on of “federally assisted construc�on contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR Part 60–1.4(b), in accordance with Execu�ve Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part 1964–1965 Comp., p. 339), as amended by Execu�ve Order 11375, “Amending Execu�ve Order 11246 Rela�ng to Equal Employment Opportunity,” and implemen�ng regula�ons at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

F. DAVIS–BACON ACT, as amended (40 U.S.C. 3141–3148). When required by Federal program legisla�on, all prime construc�on contracts in excess of $2,000 awarded by non–Federal en��es must include a provision for compliance with the Davis–Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regula�ons (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construc�on”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determina�on made by the Secretary of Labor or the State of Michigan, whichever is higher.

In addi�on, contractors must be required to pay wages not less than once a week. The non–Federal en�ty must place a copy of the current prevailing wage determina�on issued by the Department of Labor in each solicita�on. The decision to award a contract or subcontract must be condi�oned upon the acceptance of the wage determina�on. The non–Federal en�ty must report all suspected or reported viola�ons to the Federal awarding agency.

G. COPELAND “ANTI–KICKBACK” ACT (40 U.S.C. 3145), as supplemented by Department of Labor regula�ons (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 or Subrecipient must be prohibited from inducing, by any means, any person employed in the construc�on, comple�on, or repair of public work, to give up any part of the compensa�on to which he or she is otherwise en�tled. The non–Federal en�ty must report all suspected or reported viola�ons to the Federal awarding agency.

H. DEBARMENT AND SUSPENSION (Execu�ve Orders 12549 and 12689). A contract or grant award (see 2 CFR 180.220) must not be made to par�es listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Execu�ve Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of par�es debarred, suspended, or otherwise excluded by agencies, as well as par�es declared ineligible under statutory or regulatory authority other than Execu�ve Order 12549. All contractors and subcontractors must be veted for debarment. If debarment ac�on has been taken against the contractor, the contract shall be terminated. If debarment ac�on has been taken against any subcontractor, the contractor shall provide an alterna�ve subcontractor within 10 days of no�fica�on. The debarred subcontractor may not work on the project.

I. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 CFR 200.322).

a. As appropriate and to the extent consistent with law, the non–Federal en�ty should, to the greatest extent prac�cable under a federal award, provide a preference for the purchase, acquisi�on, or use 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 sec�on must be included in all subawards including all contracts and purchase orders for work or products under this award.

b. For purposes of this sec�on:

(i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the ini�al mel�ng stage through the applica�on of coa�ngs, occurred in the United States.

(ii) “Manufactured products” means items and construc�on materials composed in whole or in part of non-ferrous metals such as aluminum; plas�cs and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including op�cal fiber; and lumber.

J. CONFLICT OF INTEREST (2 CFR 200.318 and 24 CFR 570.611)

The general rule is that no persons who exercise or have exercised any func�ons or responsibili�es with respect to ac�vi�es assisted, or who are in a posi�on to par�cipate in a decision making process or gain inside informa�on with regard to such ac�vi�es, may obtain a financial interest or benefit from an assisted ac�vity, or have a financial interest in any contract, subcontract, or agreement with respect to an assisted ac�vity, or with respect to the proceeds of the assisted ac�vity, either for themselves or those with whom they have business or immediate family �es, during their tenure or for one year therea�er.

K. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701–3708). Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regula�ons (29 CFR Part 5). Under 40 U.S.C. 3702 of the Contract Work Hours and Safety Standards Act, each contractor must be 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 one and a half �mes the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construc�on work and provide that no laborer or mechanic must be required to work in surroundings or under working condi�ons which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or ar�cles ordinarily available on the open market, or contracts for transporta�on or transmission of intelligence.

L. BYRD ANTI–LOBBYING AMENDMENT (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required cer�fica�on. Each �er cer�fies to the �er above that it will not and has not used Federal appropriated funds to pay any person or organiza�on for influencing or atemp�ng 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 connec�on with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each �er must also disclose any lobbying with non– Federal funds that takes place in connec�on with obtaining any Federal award. Such disclosures are forwarded from �er to �er up to the non–Federal award.

M. CLEAN AIR ACT (42 U.S.C. 7401–7671q) and the Federal Water Pollu�on Control Act (33 U.S.C. 1251– 1387) as amended. Contracts, grant agreements, and subgrants of amounts in excess of $150,000 must agree to comply with all applicable standards, orders or regula�ons issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollu�on Control Act, as amended (33 U.S.C. 1251–1387).

Viola�ons must be reported to the Federal awarding agency and the Regional Office of the Environmental Protec�on Agency (EPA).

N. LEAD RENOVATION, REPAIR AND PAINTING PROGRAM

Prohibi�on of Use of Lead-Based Paint. The construc�on or rehabilita�on of residen�al structures is subject to the HUD Lead-Based Paint regula�ons promulgated at 24 CFR Part 35, 24 CFR 570.608, and 24 CFR Sec�on 745, Subpart E, as applicable. The Contractor and his/her subcontractors shall comply with the provisions for the no�fica�on and elimina�on of lead-based paint hazards of said regula�ons.

O. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323). A non–Federal en�ty that is a state agency or agency of a poli�cal subdivision of a state and its contractors must comply with Sec�on 6002 of the Solid Waste Disposal Act, as amended by the Resource Conserva�on and Recovery Act. The requirements of Sec�on 6002 include procuring only items designated in guidelines of the Environmental Protec�on Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials prac�cable, consistent with maintaining a sa�sfactory level of compe��on, where the purchase price of the item exceeds $10,000 or the value of the quan�ty acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirma�ve procurement program for procurement of recovered materials iden�fied in the EPA guidelines.

P. FAIR HOUSING AND EQUAL OPPORTUNITY REGULATIONS

1. (Title VI of the Civil Rights Act of 1964; Public Law 88-352 implemented in 24 CFR Part 1)

2. No person shall, on the ground of race, color, or na�onal origin, be excluded from par�cipa�on in, be denied the benefits of, or be otherwise subjected to discrimina�on under any program or ac�vity receiving Federal financial assistance from the Department of Housing and Urban Development. 24 CFR Part 570.904 and Title VIII of the Civil Rights Act of 1968, Equal Opportunity and Fair Housing