Res 1979-036 - Laserfiche WebLink

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I to substantiate the basis for the selection of the material. (d) The engineer shall report to the owner any sole-source or restri~tive design or specification giving the reason or reasons why it is necessary ~o restrict the design or specification. (e) The engineer shall not knowingly specify or approve the performance of work at a facility which is in violation of elena air- or water standards and which is listed by the Director of the EPA Office of Federa,l Activities under 40 CFR Part 15. 9. AUDIT, ACCESS TO RECORDS I (a) The engineer shall maintain books, records, documents, and other evi- dence directly pertinent to performance on EPA grant work under this agreement in accordance with generally accepted accounting principles and practices .con- sistently applied, and 40 CFR 30.605, 30.805, and 35.935-7 in effect on the date of execution of this agreement. The engineer shall also maintain the financial information and data used by the engineer in the preparation or support of the cost submission required under 40 CFR 35.937-6(b) in effect on the date of execu- tion of this agreement and a copy of the cost surrunary submitted to the owner. The U.S. Environmental Protection Agency, the Comptroller General of the-United States, and U.S. Department of Labor, owner, and (the State water pollution con- trol agency) or any of their duly authorized representatives shall have access to such books, records, documents, and other evidence for inspection, audit, and copying. The engineer will provide proper facilities for such access and inspec- tion. (b) The engineer agrees to include paragraphs (a) through (e) of this clause in all his contracts and all tier subcontracts directly related t~ project per- formance that are in excess of $10,000. (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). (d) The engineer agrees to the disclosure of all information and reports resulting from access to records under paragraphs (a) and (b) of this clause, to any of the agencies referred to in paragraph (a), provided that the engineer is afforded the opportunity for .an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the engineer. (e) The engineer shall maintain and make available records under paragraphs (a) and (b) of this clause during performance on EPA grant work under this agree- ment and until 3 years from the date of final EPA grant payment for t~e project. In addition, those records which relate to any "Dispute" appeal under EPA grant agreement, to litigation, to the settlement of claims arising out of such per- formance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until 3 years after the date of resolution of such appeal, litigation, claim, or exception. 10. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (This clause is applicable if the amount of this agreement exceeds $100,000.) (a) If the owner of EPA determines that any price, including profit, negoti- ated in connection with this agreement or any cost reimbursable under this agreement page 5 of 8 pages