31 Tex. Admin. Code § 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.
Notes
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