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ECONOMIC DEVELOPMENT ADMINISTRATION <br />STANDARD TERMS AND CONDITIONS <br />FOR CONSTRUCTION PROJECTS <br />Title 1I - Public Works and Economic Development Facilities <br />and <br />Title II - Economic Adjustment Construction Components <br />...................................................................................................... ............................... <br />A. General Requirements and Responsibilities. <br />Purpose. The Economic Development Administration's ( "EDA ") grants for (i) public works <br />(42 U.S.C. § 3141) and (ii) economic adjustment (42 U.S.C. § 3149) projects are designed to <br />enhance regional competitiveness and promote long -term economic development in regions <br />experiencing substantial economic distress. EDA provides construction, design, and <br />engineering grants to assist distressed communities and regions revitalize. expand, and upgrade <br />their physical infrastructure to attract new industry, encourage business expansion, diversify <br />local economies, and generate or retain long -term private sector jobs and investment. The <br />requirements set forth in these construction standard terms and conditions (the "Construction <br />Standard Terins and Conditions ") are applicable to construction, design, and engineering <br />projects funded in whole or in pant by EDA. Any necessary modifications of these <br />requirements will be addressed in special award conditions to accommodate individual <br />projects. In addition, these Construction Standard Terms and Conditions apply to construction <br />projects of revolving loan funds ( "RLFs ") awarded between 1975 and 1999 under EDA's Title <br />IX Economic Adjustment Assistance Program, as well as to RLFs funded after February 11, <br />1999 under section 209 of PWEDA (42 U.S.C. § 3149). <br />2. Authority and Policies. EDA is a bureau within the U.S. Department of Commerce <br />established under the Public Works and Economic Development Act of 1965, as amended <br />(42 U.S.C. § 3121 et seq.) ( " PWEDA "). (See also 13 C.F.R. § 300. 1.) As a federal agency, <br />EDA is obligated to promulgate regulations and establish policies and procedures to: <br />a. Ensure compliance with applicable federal requirements; <br />b. Safeguard the public's interest in the grant assets; and <br />c. Promote the effective use of grant funds in accomplishing the purpose(s) for which they <br />were awarded. <br />The Department or EDA may issue changes from time to time to the regulations and other <br />requirements and policies that apply to this Award. Such changes may upon occasion increase <br />administrative or programmatic flexibility in administering this Award in a manner that is <br />mutually beneficial to EDA and to the Recipient. The implementation of any such regulatory, <br />administrative, or programmatic change in administering this Award must have prior EDA <br />written approval. <br />EDA's policy is to administer all Awards uniformly: however. there may be special <br />circumstances that warrant a variance. To accommodate these circumstances and to encourage <br />innovative and creative ways to address economic development problems, EDA will consider <br />requests for variances to the procedures set out in these Construction Standard Terms and <br />Conditions if they do not conflict with applicable federal statutory and regulatory requirements, <br />are consistent with the goals of EDA's programs, and make sound economic and financial <br />sense. <br />2 <br />