SECTION 375.3. Federal Requirements

(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.

Source Note: The provisions of this §375.3 adopted to be effective July 4, 2016, 41 TexReg 4853