This Appendix G is attached to and incorporated as a part of the Contract (as defined below). The following terms and conditions, which apply to the Contract as if set forth therein, include both standard federal terms and conditions for contractors under federally (or partially federally) funded projects (the “Standard Terms”) and additional terms and conditions for contractors under Environmental Protection Agency funded projects (the “EPA-Specific Terms”). 

1. NOTES: 

a. “Contract” means this Contract between Rewiring America, Inc. (“RAI”) and Contractor for which this Appendix applies.

b. “Contractor” is defined as the entity or individual that signs a Contract with RAI and provides certain services or products to RAI. 

c. “Grant Agreement” means Grant Agreement NO. 5G-84096001-0. 

d. “Subcontract” means any contract placed by Contractor with any third party in performance of this Contract. 

e. “Subcontractor” means any third party the Contractor enters into a subcontract with. Contractor is not permitted to engage any Subcontractor without prior written approval by RAI. 

2. INSTRUCTIONS:

a. With the exceptions of communication or notification regarding any violation of law or to comply with a general legal requirement, all other communication or notification required under the below referenced provisions from/to Contractor to/from the Contracting Officer or Grant Officer (or any other government representative) shall be through RAI. All communication or notification regarding a violation of law shall be made directly to the cognizant federal authority, with a copy of such communication or notice to RAI. 

b. Contractor shall flowdown the below provisions to all Subcontractors as required by law and regulation and require all Subcontractors to similarly flowdown such requirements. 

3. STANDARD TERMS:

Applicable to all federally, or partially federally, funded contracts and subcontracts: 

a. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, this Contract and all Subcontracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 

b. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Contract hereunder is with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” RAI shall comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 

c. Debarment and Suspension (E.O.s 12549 and 12689). A contract award (see 2 CFR § 180.220) shall not be made to parties listed on the governmentwide exclusions in the System for Award Management (“SAM”), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor, by executing this Contract, certifies that it is not presently suspended, debarred, proposed for debarment, or otherwise excluded by the federal government, and that should the Contractor become suspended, debarred, proposed for debarment, or otherwise excluded by the federal government, the Contractor shall immediately notify RAI. 

d. Procurement of recovered materials. RAI, Contractor, and Subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 

e. Prohibition on certain telecommunications and video surveillance services or equipment. Contractor and Subcontractors are prohibited from obligating or expending any loan or grant funds under this Contract to: (i) procure or obtain; (ii) extend or renew a contract to procure or obtain; or (iii) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies or ZTE Corporation (or any subsidiary or affiliate of such entities). Further, the foregoing prohibition also applies as follows: (i) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. For more information on this prohibition see Public Law 115-232 and 2 C.F.R. §§ 200.216, 200.471. 

f. Domestic preferences for procurements. See Section 4 below for grant-specific domestic preference requirements (the EPA Terms). 

g. Compliance with Law. Contractor warrants and agrees that all goods and/or services delivered under this Contract shall be produced, sold and delivered to RAI in compliance with and conforming to all applicable federal, state, and local laws, government and executive orders, rules and regulations, and that the prices of such goods are not in excess of any applicable price established by law or governmental regulation. Contractor shall furnish to RAI upon request certificates or other evidence showing compliance with this Article. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract. 

h. Document Retention and Access to Records.

• i. RAI, the pass-through entity, the EPA, the EPA Office of Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records, including electronic records, of the Contractor which are directly pertinent to the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor’s personnel for the purpose of interview and discussion related to such documents. The aforementioned persons shall also have the access prescribed at 2 C.F.R. § 200.337(b) in “extraordinary and rare circumstances,” as articulated therein. Finally, the rights of access in this section are not limited to the required retention period but last as long as the records are retained. 

• ii. The Contractor shall retain all required records for a minimum of three (3) years after receiving final payments and all other pending matters are closed. In the event there is an applicable law or regulation that requires the retention of certain records beyond three (3) years, the longer retention period shall apply. At the conclusion of the aforementioned retention period, under no circumstances will Contractor dispose of or destroy any required records before obtaining the written approval of RAI. Contractor must provide RAI sixty (60) days written notice of its request to destroy any required records. RAI reserves the right to have copies of all such documents produced for RAI and at RAI’s expense, prior to Contractor’s disposal or destruction of such documents. 

• iii. The failure on the part of Contractor to adequately conform to the record keeping process in compliance with this term, including the notification of destruction, shall serve as a basis to allow RAI to recover any monies not ultimately recovered from and/or reimbursed by the federal government as a result of a lack of relevant supporting documentation. 

Applicable Based on Dollar Value (applicability in bold text):

a. Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities shall comply with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Under the Greenhouse Gas Reduction Fund, Davis-Bacon and Related Act requirements do not apply to any form of Financial Assistance which meets any of the following criteria: “Financial Assistance which serves end-users who are individual homeowners or tenants of single-family homes or multifamily buildings when these individual end-users ultimately select the contractor(s) and execute the contract(s) for the construction work, as opposed to the Recipient, Subrecipient, or a contractor hired by the Recipient or Subrecipient.” In accordance with the statute, Contractor and Subcontractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors and Subcontractors are required to pay wages not less than once a week. RAI shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a Subcontract must be conditioned upon the acceptance of the wage determination. RAI shall report all suspected or reported violations to the Federal awarding agency. This Contract is subject to and all Subcontracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each Contractor or Subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. RAI shall report all suspected or reported violations to the Federal awarding agency.

b. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, the Contract and Subcontracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702, the Contractor and Subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 

c. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The Contractor and Subcontractors who apply or bid for an award exceeding $100,000 must, upon acceptance of the contract, certify their compliance with the Byrd Anti-Lobbying Amendment. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to RAI. 

d. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. The Contract and Subcontracts in excess of $150,000 shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations shall be reported to RAI and the Federal awarding agency and the Regional Office of the EPA. 

4. EPA-SPECIFIC TERMS

a. Foreign Entity of Concern. As part of carrying out this award, the Contractor agrees to ensure that entities the Contractor contracts with, the Contractor makes subcontracts to, or that receive funds as program beneficiaries at any tier of funding under this Contract are not: (A) an entity owned by, controlled by, or subject to the direction of a government of a covered nation under 10 U.S.C. 4872(d); (B) an entity headquartered in a covered nation under 10 U.S.C. 4872(d); or (C) a subsidiary of an entity described in (A) or (B). 

As of the date these terms and conditions become effective, covered nations under 10 U.S.C. § 4872(d) are the Democratic People’s Republic of North Korea; the People’s Republic of China; the Russian Federation; and the Islamic Republic of Iran. 

b. Compliance with Federal Law. The Contractor agrees to comply with other applicable federal statutes and regulations related to labor and equitable workforce development as well as to enforce compliance with Subcontractors, and other partners (e.g., by including such provisions in contractual agreements). This includes but is not limited to applicable health and safety regulations, as administered by the Occupational Safety and Health Administration, Title VI of the Civil Rights Act of 1964, Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and any regulations promulgated thereunder prohibiting discrimination in Federal financial assistance programs, as applicable. Subrecipient agrees not to discriminate on the basis of race, color, national origin, sex, disability or age. 

c. Scientific Integrity Terms and Conditions. 

• i. All contractors, including scientists, managers, and other recipient leadership are prohibited from suppressing, altering, or otherwise impeding the timely release of scientific findings or conclusions. 

• ii. Ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by employees, contractors, and program participants, who assist with developing or applying the results of scientific activities. 

• iii. Prohibit intimidation or coercion of scientists to alter scientific data, findings, or professional opinions or non-scientific influence of scientific advisory boards. In addition, recipient employees, contractors, and program participants, including scientists, managers, and other leadership, shall not knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty.

• iv. Prohibit retaliation or other punitive actions toward recipient employees who uncover or report allegations of scientific and research misconduct, or who express a differing scientific opinion. Employees who have allegedly engaged in scientific or research misconduct shall be afforded the due process protections provided by law, regulation, and applicable collective bargaining agreements, prior to any action. Recipients shall ensure that all employees and contractors of the recipient shall be familiar with these protections and avoid the appearance of retaliatory actions. 

• v. Require all recipient employees, contractors, and program participants to act honestly and refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C. Research misconduct does not include honest error or differences of opinion. While EPA retains the ultimate oversight authority for EPA-supported research, grant recipients conducting research bear primary responsibility for prevention and detection of research misconduct and for the inquiry, investigation, and adjudication of research misconduct alleged to have occurred in association with their own institution. 

d. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by the Contractor or by the Contractor’s Subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include  transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). 

Information on how to calculate the maximum daily rate and the daily pay limitation is available at the Office of Personnel Management’s Fact Sheet: How to Compute Rates of Pay and Fact Sheet: Expert and Consultant Pay. Specifically, to determine the maximum daily rate, follow these steps: 

• i. Divide the Level IV salary by 2087 to determine the hourly rate. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85). 

• ii. Multiply the hourly rate by 8 hours. The product is the maximum daily rate. 

Contracts and subcontracts with firms for services that are awarded using the procurement requirements in Subpart D of 2 CFR Part 200 are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.10.

e. Build America, Buy America – Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (effective October 23, 2023, and forward). The following types of Greenhouse Gas Reduction Fund projects are not deemed infrastructure for the purposes of BABA applicability: Single Family Homes.

• i. Buy America Preference. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless: 

• 1. All iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 

• 2. All manufactured products used in the project are produced in the United States- this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and 

• 3. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below. 

• ii. Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. 

• iii. Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. 

• iv. Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified. 

• V. Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: 

1. For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or 

2. For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. 

1. vi. Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material. 

   1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. 

   2. Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. 

   3. Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. 

   4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. 

   5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. 

   6. Lumber. All manufacturing processes, from initial debarking through treatment and planning, occurred in the United States. 

   7. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. 

   8. Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. 

   • vii. Waivers. When supported by rationale provided in IIJA §70914, the recipient may submit a waiver request in writing to EPA. Recipients should request guidance on the submission instructions of an EPA waiver request from the EPA Project Officer for this Contract. A list of approved EPA waivers (general applicability and project specific) is available on the EPA Build America, Buy America website. 

EPA may waive the application of the Buy America Preference when it has determined that one of the following exceptions applies: 

1. applying the Buy America Preference would be inconsistent with the public interest; 

2. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 

3. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. 

• viii. Definitions. For legal definitions and sourcing requirements, the recipient must consult the EPA Build America, Buy America website, 2 CFR Part 184, and the Office of Management and Budget’s (OMB) Memorandum M-24-02 Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. 

• f. FFATA Requirements. Subcontractors must comply with the Reporting Subawards and Executive Compensation reporting requirements under Federal Funding Accountability and Transparency Act (FFATA) as set forth in the EPA General Term and Condition entitled “Reporting Subawards and Executive Compensation.” 

• g. Consultant Fees. Limitations on individual consultant fees as set forth in 2 CFR 1500.10 (General Procurement Standards) and the EPA General Term and Condition entitled “Consultant Cap.” 

• h. Management Fees. EPA's prohibition on paying management fees as set forth in the EPA General Term and Condition entitled “Management Fees.” 

• i. Procurement Standards. The Procurement Standards in 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants) and domestic preferences for procurements at 2 CFR 200.322 (Domestic Preferences for Procurements), as applicable. 

• j. Consumer Protection Requirements. As specified in the Consumer Protection Requirements Term and Condition of the Grant Agreement, including compliance with the Equal Credit Opportunity Act, the Truth in Lending Act, the Consumer Financial Protection Act, and other federal consumer protection laws that apply to the extent that the Subrecipient directly interacts, transacts, or contracts with consumers in the provision of Financial Assistance to Qualified Projects. 

• k. National Historic Preservation Act. As specified in the Historic Preservation Programmatic Term and Condition of the Grant Agreement. 

• l. Archeological and Historic Preservation Act. As specified in the Archeological and Historic Preservation Act Term and Condition of the Grant Agreement. 

• m. Uniform Relocation Assistance and Real Property Acquisition Policies Act. As specified in the Uniform Relocation Assistance and Real Property Acquisition Policies Act Term and Condition of the Grant Agreement