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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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II. Requirements Under The Consolidated Appropriations Act 2016(P L 114-113)For Sub <br /> recipients That Are Not Governmental Entities: <br /> The following terms and conditions specify how recipients will assist EPA in meeting its DB responsibilities <br /> when DB applies to EPA awards of financial assistance under the FY2016 Consolidated Appropriations Act <br /> with respect to sub recipients that are not governmental entities.If a sub recipient has questions regarding <br /> when DB applies,obtaining the correct DB wage determinations,DB provisions,or compliance monitoring, <br /> it may contact the State recipient for guidance.If a State recipient needs guidance,the recipient may contact <br /> Mr.Dannell Brown,brown.dannell@epa.gov,(214)665-7279 of EPA Region 6 in Dallas,Texas EPA Grants <br /> Management Office for guidance.The recipient or sub recipient may also obtain additional guidance from <br /> DOL's web site at hftp:/twww.dol.govtwhd/ <br /> Under these terms and conditions, the sub recipient must submit its Proposed DB wage <br /> determinations to the State recipient for approval Prior to including the waae determination in any <br /> solicitation,contract task orders,work assignments,or similar instruments to existing contractors <br /> 1.Applicability of the Davis-Bacon(DB)prevailing wage requirements. <br /> Under the FY 2016 Consolidated Appropriations Act, DB prevailing wage requirements apply to the <br /> construction,alteration,and repair of treatment works carried out in whole or in part with assistance made <br /> available by a State water pollution control revolving fund and to any construction project carried out in <br /> whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a sub <br /> recipient encounters a unique situation at a site that presents uncertainties regarding DB applicability,the <br /> sub recipient must discuss the situation with the recipient State before authorizing work on that site. <br /> 2.Obtaining Wage Determinations. <br /> (a)Sub recipients must obtain proposed wage determinations for specific localities at www.wdol.gov. After <br /> the Sub recipient obtains its proposed wage determination, it must submit the wage determination to the <br /> Arkansas Resources Commission Project Engineer assigned to the project, for approval prior to <br /> inserting the wage determination into a solicitation,contract or issuing task orders,work assignments or <br /> similar instruments to existing contractors(ordering instruments unless subsequently directed otherwise by <br /> the State recipient Award Official.) <br /> (b)Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to <br /> DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting <br /> contracts(solicitation)for activities subject to DB. These wage determinations shall be incorporated into <br /> solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that <br /> subcontractors follow the wage determination incorporated into the prime contract. <br /> (i) While the solicitation remains open,the sub recipient shall monitor www.wdol.gov on a weekly <br /> basis to ensure that the wage determination contained in the solicitation remains current.The <br /> sub recipients shall amend the solicitation if DOL issues a modification more than 10 days prior <br /> to the closing date(i.e. bid opening)for the solicitation. If DOL modifies or supersedes the <br /> applicable wage determination less than 10 days prior to the closing date,the sub recipients <br /> may request a finding from the State recipient that there is not a reasonable time to notify <br /> interested contractors of the modification of the wage determination. The State recipient will <br /> provide a report of its findings to the sub recipient. <br /> (ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation, <br /> any modifications or supersedes DOL makes to the wage determination contained in the <br /> solicitation shall be effective unless the State recipient, at the request of the sub recipient, <br /> obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv).The sub <br /> recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within <br /> D-20 <br />
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