Hollywood Amd Treatment Plant Electrical Maint

October 2024
ATTACHMENT A
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FEDERAL REQUIREMENTS
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:
1. All work under this Agreement shall 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.
2. All applicable contract provisions specified by the Federal Government are an
integral part of this Agreement.
3. 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.
4. Rights to Inventions Made Under a Contract or Agreement - Contracts or
agreements for the performance of experimental, developmental, or research work
shall 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.
5. Equal Employment Opportunity - All contracts shall contain a provision requiring
compliance 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."
6. Audit and Other Reporting/Compliance Requirements
A-1

October 2024
A. Audit Requirements
The Contractor must 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 such other applicable law or regulation which
may be enacted or promulgated by the Federal government.
If the Contractor is a local government or non-profit organization and expends total
Federal awards of $500,000 or more during its fiscal year, received either directly
from the Federal Government or indirectly from a recipient of Federal funds, the
Contractor is required to have an audit made in accordance with the provisions of
Uniform Guidance at 2 CFR Part 200.
If the Contractor expends total Federal awards of less than $500,000 during its
fiscal year, it is exempt from these audit requirements, but is required to maintain
auditable records of Federal awards and any State funds which supplement such
awards, and to provide access to such records by Federal and State agencies or their
designees.
Submission of Audit Information to the Commonwealth
The Contractor shall submit copies of the audit report package to the
Commonwealth, which shall include:
1. Data Collection Form.
2. Financial statements and schedule of expenditures of Federal awards.
3. 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.
4. Summary schedule of prior audit findings.
5. Corrective action plan.
6. Management letter comments.
The Contractor shall submit, electronically, audit information to the Pennsylvania
Office of the Budget, Bureau of Accounting and Financial Management as
described on the Office of the Budget's webpage for Single Audit Submissions:
https://www.budget.pa.gov/Services/ForGranteesAndSubrecipients/Pages/Single
AuditSubmissions.aspx.
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.
A-2

October 2024
B. General Audit Provisions
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 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 such 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.
Audit documentation and audit reports must be retained by the Contractor's auditor
for a minimum of five (5) 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. Audit
documentation will be made available upon request to authorized representatives
of the Commonwealth, the cognizant or oversight agency, the Federal funding
agency, or the Government Accountability Office.
C. MBE/WBE Utilization and Reporting
The Contractor shall not discriminate on the basis of race, color, national origin or
sex in the performance of this contract. 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 contract which may result
in the termination of this contract or other legally available remedies.
The Contractor must 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 such procurement involved a certified
MBE/WBE entity, then that information must also be included. Procurement
activity must be reported to the Commonwealth by all recipients, 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. Contractor must 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:
A-3

October 2024
1. Subject line must contain: MBE/WBE Reporting for Report Period
[INSERT APPLICABLE REPORTING PERIOD DATE] - NAME OF
REPORTING ORGANIZATION, DEP DOCUMENT/CONTRACT
NUMBER
a. DEP Document Numbers usually begin with a C9, 40, 41, or 43.
2. 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, please indicate as much. A
Final Reporting period is the last quarter of a contract term.
c. If no procurements were awarded, then indicate as such.
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. Good Faith Efforts: If procurements were made during the
Reporting Period, indicate whether or not your organization 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
3. An itemization of all procurements should be attached to the email. A
template Excel spreadsheet can be provided upon request. An example of
the desired information is as follows:
Commitment No MBE/ No MBE Other
Federal Construction item/Expenditure Payment Vendor Actual WBE(s) /WBE(s) (Please
CFDA# (Yes or No) Classification Type Name Expends applied qualified explain)
Telecomm-
66.805 No 6331100 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.) - Contracts and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the recipient to agree to 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.). Violations shall be reported to the Regional Office of the
EPA.
A-4

October 2024
8. Contractor shall comply with mandatory standards and policies relating to energy
efficiency in compliance with the U.S. Energy Policy and Conservation Act (Pub.
L.94-163).
9. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where
applicable, all contracts awarded by recipients in excess of $100,000 for
construction contracts and in excess of $2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with
sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
Part 5). Under section 102 of the Act, each contractor shall 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 12 times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. Section 107 of the
Act is applicable to construction work and provides that no laborer or mechanic
shall 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 in excess of $100,000 for construction or repair awarded by
recipients and subrecipients shall 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 or subrecipient 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 recipient 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 recipients
and subrecipients of more than $2000 shall 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 Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall 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 shall
be required to pay wages not less than once a week. The recipient 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 shall be conditioned upon the
acceptance of the wage determination. The recipient shall report all suspected or
reported violations to the Federal Grantor Agency.
A-5

October 2024
12. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid
for an award of more than $100,000 shall file the required certification. Each tier
certifies to the tier above 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
tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient.
13. Build America, Buy America Act (23 U.S.C. 313; 23 CFR 635.410)
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.
Recipients of an award of Federal financial assistance are hereby notified that none
of the funds provided under this award may be used for a project for infrastructure
unless:
a. 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;
b. 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
c. all construction materials are manufactured in the United States-this means
that all manufacturing processes for the construction material occurred in the
United States.
The Buy America 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
A-6

October 2024
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 Nonprocurement 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 with awards that exceed
the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
15. 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. Federal Funding Accountability and Transparency Act (FFATA or Transparency
Act)
For all federally funded grants that DEP issues (except ARRA grants).
17. Registration and Identification Information
Grantee must 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.
Grantee must provide its assigned UEI number to the Commonwealth along with
Grantee's return of the signed grant agreement. The Commonwealth will not
process this grant until such time that Grantee provides this information.
18. Primary Location
Grantee 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, then Grantee must list the location where the largest amount
of the grant award is to be expended pursuant to this grant agreement.
Grantee must provide this information to the Commonwealth along with
Grantee's return of the signed grant agreement. The Commonwealth will not
process this grant until such time that Grantee provides this information.
19. Compensation of Officers
Grantee must provide to the Commonwealth the names and total compensation of
A-7

October 2024
the five most highly compensated officers of the entity if-
(i) the entity in the preceding fiscal year received-
(I) 80 percent or more of its annual gross revenues in Federal
procurement contracts (and subcontracts) and Federal awards (and
subawards); and
(II) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal awards; and
(ii) 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.
If the Grantee does not meet the conditions listed above, then it must specifically
affirm to the Commonwealth that the requirements of this clause are inapplicable
to the Grantee.
Grantee must provide information responding to this question along with
Grantee's return of the signed grant agreement. The Commonwealth will not
process this grant until such time that Grantee provides the information
responding to this question.
A-8