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Department of Justice Officc ot'Justice Programs Bureau of Justice Assistance PROIFCT VU!.ABLR 2009-SB.39.3337 AWARD CONTINUA'T'ION SHEET PAGE 9 OF in Grant AWARD DATF 09/022009 .SPECIAL CONLY77ONS 27. RECOVERY ACT- Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pur3uanl to the Recovery- Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter TV of chapter 31 of title 40. United States Code, Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145. the Department of Labor has issued regulations at 29 CFR Parts 1, J, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses [bund in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of 52,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 28. RECOVERY ACT NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 29 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 29. RECOVERY ACT - Misuse ofaward funds I he recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupmenl of inomes provided under an award, and civil and/or criminal penalties, 30. RECOVERY ACT-Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government-wide) guidance and clarifications of Recovery Act requirements. 31. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 13 12(c) data for two consecutive reporting periods, the recipient may be-- (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary DIP awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations, and (2) After failure to report section 15 12(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. "['hereafter, the recipient's award shall be converted to a cost-reimbursable grant until such time as the recipient becomes current in its section 1512(e) reporting obligations, and remains current for not less than Iwo additional consecutive repotting periods. OAP FORM 40011.2 (RFV_ 4-k$)