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HomeMy WebLinkAboutS717-00_initial transmitSTATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton • Boise, ID 83706 • (208) 373-0502 www.deq.idaho.gov Brad Little, Governor Jess Byrne, Director January 12, 2022 Keith Davison City of Rexburg 35 N 1st E Rexburg ID 83440 By Email Transmission: keith.davidson@rexburg.org RE: S717-00 – Original Subaward Dear Mr. Davidson: I have enclosed one proposed original of the DEQ Subaward (#S717) between the City of Rexburg and the Idaho Department of Environmental Quality (DEQ). The purpose of the subaward is to provide funding for properly abandon old, hand dug well under city shop. Upon acceptance of the terms and conditions of this subaward, please return the entire signed copy of the subaward to me at carrie.champlin@deq.idaho.gov. Please note there are several forms to fill out within this packet. If you have any questions or concerns regarding this subaward, please contact Project Officer Curtis Cooper at curtis.cooper@deq.idaho.gov , or Contracts Manager Carrie Champlin at carrie.champlin@deq.idaho.gov. Sincerely, Carrie Champlin Contracts Manager cc: Content Manager: 2022AIE10 (1cc Enclosure) Curtis Cooper, DEQ (1cc Enclosure) DEQ Subaward Agreement S717 This Subaward Agreement is entered into by the State of Idaho, Department of Environmental Quality, hereinafter referred to as the DEPARTMENT, and hereinafter referred to as the SUBRECIPIENT. City of Rexburg Tax Identification 826000250 Subaward Effective Date 1/1/2022 Subaward Expiration Date 12/31/2022 Professional Liability Policy #38A0215810018 Policy Expiration Date 9/30/2022 Check if Exempt/Government Agency Worker's Compensation Policy #23440 Policy Expiration Date 1/1/2022 Check if Worker's Compensation paid by DEQ If exempt from Worker's Compensation, note the reason:Government Agency WITNESSETH: The DEPARTMENT enters into this Subaward Agreement pursuant to authority granted to it in Title 39, Chapter 1, Idaho Code. The SUBRECIPIENT agrees to undertake performance of this agreement under the terms and conditions set forth herein. The SUBRECIPIENT agrees to provide, and the State agrees to accept the services detailed in this agreement and generally described as follows: To provide funding for properly abandon old, hand dug well under city shop. Method of Procurement Subaward RFP Number Subaward Amount $10,000.00 Subaward # The following Attachments are checked if applicable and are incorporated by reference and made a part of this agreement: SIF Class Code MBE/WBE Status:DUNS Number:028566750 Attachments Work Plan / SOW Conflict of Interest Grant Application Program Terms && Conditions LobbyCertification Single Audit Act MBE/WBE Reporting Page 1 of 3 The terms of this agreement include the Statement of Work, the Budget, the federal agency’s award terms and conditions, as well as other documents affixed or referred to in this agreement. The SUBRECIPIENT must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Parts 200 and 1500). It is expected that the approved Statement of Work will be followed in its entirety unless modifications or amendments are agreed to, and approved in writing by the DEPARTMENT. The SUBRECIPIENT acknowledges and agrees that changes in legislation may require modification to this agreement both in program and funding, and that any such changes, which are necessary, shall be incorporated. The SUBRECIPIENT further agrees that the DEPARTMENT has the right to terminate this agreement if the SUBRECIPIENT cannot comply with such changes, or meet the requirements originally outlined in the Statement of Work. The SUBRECIPIENT further acknowledges that all funding is contingent upon the availability of federal funds, the SUBRECIPIENT’s ability to certify provision of required matching funds (where applicable), and continued federal authorization of program activities. The SUBRECIPIENT agrees that the DEPARTMENT has the right to terminate or otherwise modify this agreement if federal funding or authority is terminated or modified. In the event that this agreement is not executed prior to the first day of the effective period, the late execution shall provide retroactive approval for expenditures authorized by the agreement and made prior to the date of execution. This agreement is effective as per the stated agreement effective date. In the event that the last signature on this agreement pre-dates the stated agreement effective date, the last signature date shall be the new effective date. The SUBRECIPIENT agrees to provide notice of the completion of any required audits and any adverse findings which impact this subaward as required by CFR parts 200.501-200.521, and to provide access to records as required by parts 200.336, 200.337, and 200.201 as applicable. SUBRECIPIENT agrees to indemnify and hold harmless the State of Idaho, its agents and its employees from any and all claims, actions, damages, liabilities and expenses directly or indirectly connected to the SUBRECIPIENT or its agent’s, employees, contractor’s, or assignee’s actions related to the location, design, construction, operation, maintenance, repair, failure or deactivation of the project or any part of the project. If the SUBRECIPIENT is a Public Entity, this indemnification and save harmless obligation shall apply only to the extent permitted by Idaho Code section 59-1015. This agreement and related attachments constitute the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written; negotiations; representations; commitments; and all other communications between the parties. The agreement may not be released, discharged, changed, extended, modified, or assigned in whole or in part, and no claim for additional services not specifically provided herein will be allowed by the DEPARTMENT, except to the extent provided by an instrument in writing signed by a duly authorized representative of the parties. Any Riders, Appendices, Attachments, and all other information attached to this agreement serve to supplement the terms and conditions of this agreement, and do not change or eliminate any provision of this agreement. EPA 66.468 Capitalization Grants for Drinking Water State Revolving Funds Federal Award #:FS98003020 Federal Award Name: DWSRF WELLHEAD PROTECTION Federal Award Information Subaward Total Amount of Federal Award to DEQ : $11,011,000.00 DEQ’s Negotiated Indirect Cost Rate: 31.04% Federal Funds Obligated: Federal Awarding Agency: CFDA #: This Action To Date $10,000.00$10,000.00 Page 2 of 3 Fiscal Codes - DEQ Use Only Subrecipient Mailing Address: Keith Davidson 35 N 1st E Rexburg ID 83440 Subrecipient Phone Number 208-359-3020 DEQ Contact: Carrie Champlin, Contracts Manager 1410 N. Hilton Boise, ID 83706 DEQ Phone Number 208-373-0251 PID OBS CA SubObj WP BE %Grant GT Begin GT End City of Rexburg IN WITNESS WHEREOF, the parties have executed this agreement. AWARDING ENTITY IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY. Financial Officer Signature Title Date SUBRECIPIENT: Signature Title Date SG22 0502 82987 1007499000NPR00 E24003 20 6/30/20257/1/2020 Page 3 of 3 Agreement #S717 Idaho Department of Environmental Quality Page 1 of 4 1 PROGRAM SPECIFIC TERMS & CONDITIONS Idaho Source Water Protection (SWP) Grant Program DEQ Subrecipient: City of Rexburg I. INTRODUCTION This Agreement is between the Idaho Department of Environmental Quality (DEQ) and the City of Pocatello (Subrecipient) for performance under the Idaho Source Water Protection Grant Program as set forth in the approved Statement of Work. This project is funded using federal funds from the Environmental Protection Agency (EPA). II. PROGRAM GUIDANCE & ELIGIBILITY REQUIREMENTS The Subrecipient shall perform the services set forth in the approved Statement of Work. All activities covered under this agreement shall be consistent and comply with the applicable portions of the Section 1452 of the Safe Drinking Water Act, as amended (42 U.S.C. 300j-12), the federal administrative and programmatic conditions as specified and applicable to subrecipients under EPA Assistance Agreement #FS-98003020, CFDA #66.468, as well as the requirements outlined in the Source Water Protection Grant Application Solicitation or Guide. This is a well abandonment project therefore it does have special provision: • The well must be abandoned in a manner compliant with IDAPA 37.03.09 Well Construction Standards Rules. Abandonment must be performed by a well driller licensed in the State of Idaho per Idaho Code 42-238 unless a waiver has been granted. III. PROJECT SCOPE OF WORK The project application as submitted by the Subrecipient and approved by DEQ shall serve as the approved Statement of Work. IV. PROJECT MANAGEMENT a. Time of Performance: Work under this agreement shall start on the 1st day of January 2022 and end no later than the 31st day of December 2022. b. Implementation Schedule: Agreement #S717 Idaho Department of Environmental Quality Page 2 of 4 2 Unless amended by mutual written agreement by both parties, the Subrecipient will perform the described tasks in conformance with the schedule included with their application. c. Performance Monitoring: DEQ will monitor the performance of the Subrecipient against goals and performance standards required herein. DEQ may terminate the agreement for failure to ensure reasonable completion of the project within the project period and in accordance with the implementation schedule herein. V. PROJECT BUDGET The total project cost of performing work under this agreement is $11,900; and the total reimbursable, not to exceed cost is $10,000, as specified in the budget tables below. DEQ may require a more detailed budget breakdown than the one contained herein. The Subrecipient shall provide such supplementary budget information in the form and content prescribed by DEQ. Any amendments to this budget must be approved in writing by DEQ. Table 1. Budget Categories Budget Line Item DEQ Funding Matching Total Budget Personnel -$ -$ -$ Fringe -$ -$ -$ Travel -$ -$ -$ Equipment -$ -$ -$ Supplies -$ -$ -$ Contractual 10,000$ 1,900$ 11,900$ Other -$ -$ -$ Total Direct 10,000$ 1,900$ 11,900$ Total Indirect -$ -$ -$ TOTAL 10,000$ 1,900$ 11,900$ VI. BILLING PROCEDURES a. Amount: DEQ shall reimburse the Subrecipient in an amount not to exceed $10,000 for costs related to project implementation, as outlined in the approved project scope of work and budget included as part of this agreement. b. Requests: Agreement #S717 Idaho Department of Environmental Quality Page 3 of 4 3 DEQ shall reimburse the Subrecipient in an amount not to exceed $10,000 for costs related to this agreement. Source Documentation and Requests: The Subrecipient must submit requests for reimbursement to DEQ using the invoice template. Requests for reimbursement must include: • Signed Invoice Template (see attached) • Copy of receipt(s) c. Submission of Requests: Reimbursement requests must be submitted electronically via email to DEQ Project Manager, Curtis Cooper at Curtis.Cooper@deq.idaho.gov AND DEQ Grants Officer, Douglas McRoberts at Douglas.McRoberts@deq.idaho.gov. VII. REPORTING REQUIREMENTS a. Progress Reports: i. A final report is required 60 days following project completion. The report must be submitted using the report template included as part of this agreement. b. Minority-owned Business Enterprise / Women-owned Business Enterprise (MBE/WBE) Reporting: i. The Subrecipient must submit MBE/WBE reports to DEQ annually by October 20 for the duration of this agreement and according to the attached MBE/WBE reporting requirements. The final MBE/WBE report is due 60 days after project completion. The Subrecipient shall use the report template attached as part of this agreement. c. Report Submission: i. All reports should be submitted electronically via email to the DEQ Project Manager AND Grant Officer: Project Manager: Curtis Cooper (Curtis.Cooper@deq.idaho.gov) Grant Officer: Doug McRoberts (Doug.McRoberts@deq.idaho.gov). ii. Questions regarding reporting requirements may be directed to the DEQ Grant Officer: Curtis Cooper DEQ State Office 1410 N. Hilton Agreement #S717 Idaho Department of Environmental Quality Page 4 of 4 4 Boise, ID 83702 Phone: (208) 373-0249 Email: Curtis.Cooper@deq.idaho.gov Table 5 Reporting Requirements Summary Reporting Activity Reporting Frequency Reporting Period Report Due Date(s) Progress Reports Final Report At Project Completion 60 days post project completion MBE/WBE Reports Annual / Final Oct 1 – Sep 30 October 20 or 60 days after the end of the project period VIII. RECORD RETENTION REQUIREMENTS & ACCESS The Subrecipient shall retain all financial records, supporting documents, statistical records and all other records pertinent to this agreement and its associated project(s) for a minimum of three (3) years from the date of payment of final invoice or from the date of the publication and approval of the final report, whichever is later. If any litigation, claim, or audit is initiated prior to the expiration of the three (3) year period, the Subrecipient shall retain the records until all litigation, claims, or audit findings involving the records have been resolved and final action taken. Records for any equipment acquired through funding provided to the Subrecipient through this agreement shall be retained for three (3) years after final disposition. The Subrecipient agrees to provide the DEQ Director, or his/her authorized agents, access to all files, records, accountings and books relating to the management and accountability of this sub-award. IX. SUBAWARD CLOSEOUT INSTRUCTIONS This sub-award will be considered closed once the Subrecipient submits all invoices, reports, and any other requested documentation to DEQ, AND these documents have been paid / approved by DEQ. This includes the final invoice and the final report. X. TITLE OF EQUIPMENT Title of any equipment purchased under this agreement will conditionally vest with the Subrecipient in accordance with 2 CFR 200.313. Please Sign and Return this Form with the Signed Agreement City of Rexburg Acknowledgement of Federal Audit Requirements for Federal Subrecipients Subaward grant funds disbursed per this Agreement are considered federal financial assistance per the Single Audit Act (SAA) of 1984, as amended by the Single Audit Act Amendments of 1996 (SAA), 31 U.S.C. §§7501-7507 (2000) and moved and incorporated in 2014 into the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200, Subpart F – Audit Requirements. If a Subrecipient expends more than $750,000 of federal funds (including, but not limited to those received as part of this agreement) in their fiscal year 2016 or later; then, the Subrecipient must have a single or program-specific audit conducted for that year in accordance with Subpart F of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (§200.500-200.500.521). In such case, the Subrecipient must: •Procure or otherwise arrange for the required audit in accordance with 200.509 Auditor selection, and ensure it is properly performed and submitted when due; •Prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with §200.510 Financial statements; •Properly submit audit report in a timely fashion (§200.512): o The audit must be submitted within thirty (30) calendar days after the receipt of the auditor’s report OR nine (9) months after the end of the audit period, which is generally the Subrecipient’s fiscal year end. o The auditee must ensure timely submission of the data collection form and reporting package to the Federal Audit Clearinghouse (FAC) as described in §200.512 paragraphs (b)and (c) respectively. o Subrecipient must keep one copy of the data collection form and one copy of the reporting package on file for three (3) years from the date of submission to the FAC. •Promptly follow up and take corrective action on audit findings, including preparation of a summary schedule of prior audit findings and a corrective action plan in accordance with §200.511, Audit findings follow-up, paragraph (c), respectively (as appropriate); •Provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Subpart F. The Subrecipient recognizes that it is responsible for determining if the $750,000 threshold is reached, as appropriate, and if a SAA audit is required. Additionally, the Subrecipient must inform the Department, in writing, of any findings or recommendations pertaining to this agreement contained in any audits conducted by the Subrecipient. In such cases, the Subrecipient must also provide the Department with a copy of the audit. Signature of Authorized Representative: _________________________ Date: ________________ Questions? Contact DEQ Grants Manager, Doug McRoberts Ph: (208) 373-0497 Email: Douglas.McRoberts@deq.idaho.gov S717 CONFLICT OF INTEREST CERTIFICATION Subgrant #: Subrecipient Name: A conflict of interest (COI) is defined as an actual or potential situation that undermines, or may undermine, the impartiality of an individual or non -federal entity because their self -interest conflicts, or may conflict with their duty and obligations to the public in performing a federally funded financial assistance agreement. COI also includes situations that create, or may create, an unfair competitive advantage, or the appearance of such, for an applicant or contractor in competing for federal financial assistance. Situations Requiring Disclosure: (1) Any COI described at 2 CFR 200.318(c)(1) including consulting fees or other compensation paid to employees, officers, agents of the subrecipient and/or members of their immediate families paid by procurement contractors or other subrecipients receiving federal funding under a subaward. (2) Any organizational COI described at 2 CFR 200.318(c)(2) between the subrecipient and procurement contractors or other subrecipients receiving federal funding under a subaward. Timing & Content of Disclosure: Subrecipients must disclose any COI related to this agreement within 10 calendar days of discovery to DEQ ’s Project Manager . All disclosures must be in writing preferably through email communication. In addition to describing the COI, subrecipients must also provide any information regarding measures to eliminate, neutralize, mitigate or otherwise resolve the conflict. Subrecipient Point of Contact (POC): This is the person designated to disclose and resolve any COI that may arise related to this subaward agreement. The Subrecipient POC must be an employee or officer of the Subrecipient or another entity (e.g. consultant or attorney) expressly authorized by the Subrecipient to speak on its behalf. Name: _________________________________________ Phone: _______________________ Title: ____________________________________________________________________________ Please check one of the following: □The subrecipient has implemented a written policy of financial COI that is consistent with feder al general procurement standards referenced herein. I certify that all individuals responsible for the application, design, implementation, administration, and/or monitoring of this agreement have made the required disclosures to DEQ in accordance with the subrecipient’s policy. □The subrecipient has not implemented a written policy of financial COI. I certify that all individuals responsible for the application, design, implementation, administration, and/or monitoring of this agreement have made the required disclosures to DEQ in accordance with the situtations, timing, and content of disclosure requirements listed above. I certify that the information listed above is true, complete and accurate to the best of my knowledge, and that I am an Authorized Organizational Official for the subrecipient. Signature: Email: Date: Name: Title: City of RexburgS717 Questions? Contact DEQ Grants Manager, Doug McRoberts Ph: (208) 373-0497 Email: Douglas.McRoberts@deq.idaho.gov S717 Please Sign and Return this Form with the Signed Agreement 45 CFR Part 604 – New Restrictions on Lobbying CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The applicant certifies, to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the applicant shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3)The applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. __________________________________ Signature __________________________________ Title/Institution City of Rexburg Questions? Contact DEQ Grants Manager, Doug McRoberts Ph: (208) 373-0497 Email: Douglas.McRoberts@deq.idaho.gov S717 attach MBE/WBE 1: Subaward #: MBE/WBE UTILIZATION UNDER STATE OF IDAHO DEQ PART I. (Reports are required even if no procurements are made during the reporting period.) 1A. FEDERAL FISCAL YEAR 201_ 1B. REPORTING PERIOD (Check ALL appropriate boxes)  Annual (October – September) 1C. REVISION OF A PRIOR REPORT? Y or N Year: _________ Quarter: _________ BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: 2A. FINANCIAL ASSISTANCE OFFICE ADDRESS Fiscal Office Department of Environmental Quality 1410 North Hilton Street Boise, Idaho 83706-1255 3A. RECIPIENT NAME AND ADDRESS 2B. Agency Contact Name: Doug McRoberts E-mail: Douglas.McRoberts@deq.idaho.gov 2C. PHONE: 208-373-0 497 3B. RECIPIENT REPORTING CONTACT: Name: E-mail: 3C. PHONE: 4A. Check and skip to Block No. 7 if no procurements and accomplishments were made this reporting period. .  4B. TOTAL PROCUREMENT AMOUNT THIS REPORTING PERIOD (ONLY include amount not in any prior reporting period and procurements made by Program Subrecipients) 4C. ACTUAL MBE/WBE PROCUREMENT ACCOMPLISHED THIS REPORTING PERIOD BY RECIPIENT, SUB -RECIPIENTS, AND PRIME CONTRACTORS. Construction Equipment Services Supplies Total $MBE: ____________ _____________ _ _ _____________ ________________ $WBE: ____________ ______________ ___________ _____________ ________________ 5. COMMENTS: 6. NAME OF RECIPIENT’S AUTHORIZED REPRESENTATIVE TITLE 7. SIGNATURE OF RECIPIENT’S AUTHORIZED REPRESENTATIVE DATE S717 DWSRF WELLHEAD PROTECTION City of Rexburg Keith Davidson 35 N 1st E Rexburg ID 83440 attach MBE/WBE 2: S717 attach MBE/WBE Instructions: INSTRUCTIONS MBE/WBE UTILIZATION UNDER STATE OF IDAHO FEDERAL SUBAWARD PROGRAM A. General Instructions MBE/WBE utilization is based on Executive Orders 11625, 12138, 12432, P.L. 102-389 and EPA Regulations Part 30 and 31. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements or other Federal financial assistance which involves procurement of supplies, equipment, construction or services to accomplish Federal assistance Programs. Recipients are required to report to EPA within one month following the end of each Federal fiscal quarter, semi-annually or annually as in the agreement. B. Definitions Procurement is the acquisition through order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contract is a written agreement between an EPA recipient and another party (other than another public agency) and any lower tier agreement for equipment, services, supplies or construction necessary to complete a project. Includes personal and professional services, agreements with consultants, and purchase orders. A minority business enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. A woman business enterprise (WBE) is a business concern that is, (10 at least 51 percent owned by one or more women, or in the case of a publicly owned business at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non-minority individuals do not qualify for meeting MBE/WBE procurement goals. C. Instructions for Part 1 1a. Complete Federal fiscal year 1b. Check applicable reporting box quarterly. (Federal fiscal year runs October 1 through September 30.) 1c. Indicate if this is a change to a previous year or other reporting period. (Highlight items to be revised and provide explanation in Block #5- Comments) 3a-c. Identify the agency, state authority, university or other organization which the recipient of the Federal financial assistance and the person to contact concerning this report. 4a. Self-explanatory 4b. Total contacts/procurement awarded during the reporting period (quarter, semi-annual, or annual). For example: Actual dollars for procurement from the procuring office: actual contracts let from the contracts offices, actual goods, services, supplies, etc., from other sources including the central purchasing/procurement centers. 4c. Dollar amount of all MBE/WBE procurements amounts awarded under this reporting period by the loan recipients, sub-recipients, and prime contractors. 5. Additional comments or explanations. Please refer to specific item number(s) if appropriate. INSTRUCTIONS MBE/WBE UTILIZATION UNDER STATE OF IDAHO FEDERAL SUBAWARD PROGRAM A. General Instructions MBE/WBE utilization is based on Executive Orders 11625, 12138, 12432, P.L. 102-389 and EPA Regulations Part 30 and 31. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements or other Federal financial assistance which involves procurement of supplies, equipment, construction or services to accomplish Federal assistance Programs. Recipients are required to report to EPA within one month following the end of each Federal fiscal quarter, semi-annually or annually as in the agreement. B. Definitions Procurement is the acquisition through order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contract is a written agreement between an EPA recipient and another party (other than another public agency) and any lower tier agreement for equipment, services, supplies or construction necessary to complete a project. Includes personal and professional services, agreements with consultants, and purchase orders. A minority business enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. A woman business enterprise (WBE) is a business concern that is, (10 at least 51 percent owned by one or more women, or in the case of a publicly owned business at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non-minority individuals do not qualify for meeting MBE/WBE procurement goals. C. Instructions for Part 1 1a. Complete Federal fiscal year 1b. Check applicable reporting box quarterly. (Federal fiscal year runs October 1 through September 30.) 1c. Indicate if this is a change to a previous year or other reporting period. (Highlight items to be revised and provide explanation in Block #5-Comments) 3a-c. Identify the agency, state authority, university or other organization which the recipient of the Federal financial assistance and the person to contact concerning this report. 4a. Self-explanatory 4b. Total contacts/procurement awarded during the reporting period (quarter, semi-annual, or annual). For example: Actual dollars for procurement from the procuring office: actual contracts let from the contracts offices, actual goods, services, supplies, etc., from other sources including the central purchasing/procurement centers. 4c. Dollar amount of all MBE/WBE procurements amounts awarded under this reporting period by the loan recipients, sub-recipients, and prime contractors. 5. Additional comments or explanations. Please refer to specific item number(s) if appropriate. 6. Name and title of official administrator or designated reporting official. 7. Signature and month, day, and year report submitted. D. Instructions for Part II For each MBE/WBE procurement made under this assistant agreement during the reporting period, provide the following information. 1. Check whether this is a first tier procurement made directly by Federal financial assistance recipient or other second tier procurement made by recipient’s sub-grantee or prime contractor. Include all qualifying second tier purchases executed this reporting period regardless of when the first tier procurement occurred. 2. Check MBE or WBE 3. Dollar value of procurement 4. Date of award, show month, day, and year. Date of award is defined as the date the contract or procurement was awarded, not the date the contractor received payment under the awarded contract or procurement, unless payment occurred the date of award. 5. Using codes at the bottom of the form, identify type of product or services acquired through this procurement (e.g., enter 1 if construction, 2 if supplies, etc). 6. Name, address, and telephone number of MBE/WBE business.