(a) Davis-Bacon Act Prevailing Wage Provision. The
Applicant must comply with the requirements of section 513 of that
Act (33 U.S.C. §1372) in all procurement contracts and-sub-grants,
and require that loan recipients, procurement contractors, and sub-grantees
include such a term and condition in subcontracts and other lower
tiered transactions. The Davis Bacon prevailing wage requirements,
as provided in 40 U.S.C. §§3141 et
seq. and the Department of Labor's implementing regulations,
apply to any project for the construction of treatment works that
are funded by the CWSRF.
(b) National Environmental Policy Act-like environmental
review. The National Environmental Policy Act provisions apply to
all CWSRF assistance for the construction of treatment works. The
requirements are specified in Subchapter E of this chapter.
(c) Generally Accepted Accounting Principles. Assistance
recipients must maintain project accounts according to Generally Accepted
Accounting Principles as issued by the Governmental Accounting Standards
Board, including standards relating to the reporting of infrastructure
assets.
(d) Cost and Effectiveness Analysis. A municipality
or intermunicipal, interstate, or State agency that receives assistance
from the CWSRF must certify that they have conducted a cost and effectiveness
analysis. A cost and effectiveness analysis is an eligible cost under
the CWSRF. The certification must be provided before CWSRF assistance
is provided for final design or construction phase.
(e) Architectural and Engineering Contracts. For equivalency
projects only, a contract to be carried out using funds directly made
available by a capitalization grant for program management, construction
management, feasibility studies, preliminary engineering, design,
engineering, surveying, mapping, or architectural related services
must be negotiated in the same manner as a contract for architectural
and engineering services is negotiated under 40 U.S.C. §§1101 et seq. This applies to new solicitations,
significant contractual amendments, and contract renewals.
(f) Fiscal Sustainability Plan. A recipient of a loan
for a project that involves the repair, replacement, or expansion
of a publicly owned treatment works must develop and implement a fiscal
sustainability plan or certify that it has already developed and implemented
a fiscal sustainability plan.
(g) American Iron and Steel Requirements. All of the
iron and steel products used in the construction, alteration, maintenance,
or repair of treatment works must be produced in the United States,
as provided in 33 U.S.C §1388.
(h) Signage. Equivalency projects must comply with
the EPA signage requirements implemented to enhance public awareness
of CWSRF projects.
(i) Other Federal Requirements. Other federal statutory,
regulatory, executive order, and/or guidance and policy authority
may apply. Federal requirements are further detailed in the IUP under
which a project was funded.
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