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ent defer the protested procurement (g) If an appeal involves legal issues action, if it has not already done so, not explicitly addressed by this Part until the award official notifies the re- or State or local law, the award officipient of the formal or informal reso- cial shall resolve the issue by referring lution of the appeal. Such deferral of to other protest determinations under the procurement action shall be limit- this section and decisions of the ed to the award of the subagreement, Comptroller General of the United or subitem which is the basis of the States or of the Federal courts adprotest.
dressing Federal requirements compa(c) If the recipient does not defer rable to procurement requirements of the procurement action it bears the risk that the award official will disallow the cost of the protested procure- APPENDIX A-PROCEDURAL REQUIREment action if the protest appeal is
MENTS FOR RECIPIENTS WHo Do Not upheld.
CERTIFY THEIR PROCUREMENT (d) If the protester does not agree to
SYSTEM, OR FOR RECIPIENTS WHO the recipient's request for a reasonable
HAVE THEIR PROCUREMENT CERTIFICAextension of the bid and bid bond TION REVOKED BY EPA period, the recipient or award official
(a) The following procedural requirements can summarily dismiss the protest
apply to recipients who: appeal.
(1) Do not certify to EPA that their pro
curement system meets the minimum pro8 33.1135 Award official's review.
curement requirements in this part, or (a) The award official will give both (2) Have their procurement certification the recipient and the protester, as well
revoked by the award official as stated in as any other party with a financial in
(b) Those recipients must comply with the terest which may be adversely affected
requirements in this part, plus the following by the determination of protest, an op
procedural requirements. These procedural portunity to present arguments in sup
requirements supplement the requirements port of their views in writing or at a in the sections cited. conference.
(1) To comply with $ 33.250, “Documenta(b) The award official shall review tion," the recipient must submit to the the record considerd by the recipient, award official the records required by this and any other documents or argu- section. ments presented by the parties, to de
(2) To comply with $ 33.290, “Cost and termine whether the recipient has
price considerations," the recipient's concomplied with the procurement re
tractors and subcontractors must submit
their cost or price data of EPA Form 5700quirements of this part and has a
41 "Cost or Price Summary Format for Surational basis for its determination of
bagreements Under U.S. EPA Grants," or protest.
on a form which contains information simi(c) After the award official's an lar to that required by the EPA Form 5700nounced date for receipt of written ar 41. guments, the record shall be closed.
(3) To comply with $ 33.420,"Time for (d) The award official's determina
preparing bids,” the recipient must generaltion shall constitute final EPA action,
ly allow at least 30 days between the date from which there shall be no further
when it first publishes the public notice and
the date by which bids must be submitted. administrative appeal. No party may
(4) To comply with $ 33.415, “Public notice appeal an award official's determina
and solicitation of bids,” when the estimattion of appeal to the EPA Board of As ed cost of construction is expected to exceed sistance Appeals.
$10 million, the recipient must generally (e) Nothing in this subpart precludes publish the notice in trade journals of nathe award official from reviewing the
tionwide distribution for a least 30 days. recipient's procurement action. (See
(5) To comply with $ 33.510, "Adequate $ 33.115.)
public notice," the recipient must generally
publish the notice in professional journals, (f) Noncompliance with the award
newspapers, or publications of general circuofficial's determination of protest
lation over a reasonable area for at least 30 shall be cause for enforcement action days. The recipient may use posted public under 40 CFR Parts 30 and 32.
notices or written notification directed to in
terested persons, firms or professional organizations.
PART 35-STATE AND LOCAL
Sec. 35.528 Agency program submission. 35.529 Program approval. 35.530 Grant conditions. 35.535 Assignment of personnel. 35.538 Agency evaluation and reports. 35.538-1 Agency evaluation. 35.538-2 Reports.
Sec. 35.001 Purpose of regulation. 35.002 Applicability and scope.
Subpart B-Program Grants
35.400 Purpose. 35.400-1 Air pollution control agency grant
awards. 35.400-2 (Reserved) 35.400-3 Public water system supervision
program grant awards. 35.400-4 Solid and hazardous waste man
agement program support grant awards. 35.400-5 Pesticide enforcement and certifi
cation program grant awards. 35.400-6 Underground water source protec
tion program grant awards. 35.403 Authority. 35.404 Annual guidance. 35.405 Criteria for evaluation of program
objectives. 35.410 Evaluation of agency performance. 35.415 Financial status report. 35.420 Payment. 35.425 Federal and grantee program sup
port. AIR POLLUTION CONTROL PROGRAM GRANTS 35.501 Definitions. 35.501-1 Air pollution. 35.501-2 Air pollution control agency. 35.501-3 Air pollution control program. 35.501-4 Air quality control region. 35.501-5 Implementation plan. 35.501-6 Interstate air quality control
region. 35.501-7 Municipality. 35.501-8 Nonrecurrent expenditures. 35.501-9 State. 35.505 Allocation of funds. 35.507 Federal assistance for agency pro
grams. 35.507-1 Limitations on assistance. 35.507-2 Limitations on duration. 35.510 Grant allotment and amount. 35.510-1 Tentative allotment. 35.510-2 Grant amount. 35.510-3 Reduction of grant amount. 35.510-4 Limitations. 35.515 Control program eligibility. 35.520 Criteria for award. 35.526 Agency program preparation. 35.527 Major program elements and out
GRANTS FOR STATE PUBLIC WATER SYSTEM
SUPERVISION PROGRAMS 35.600 Scope and purpose. 35.603 Definitions. 35.605 Determination of allotments, 35.605-1 Notification of allotments and re
allotments. 35.607 Rate of Federal assistance. 35.611 Application for grant. 35.611-1 State program plan/grant submis
sion. 35.613 Limitation on grant award. 35.620 Allowable costs. 35.622 Budget period. 35.624 Reduction of grant amount. 35.626 State program plan. 35.626-1 Program elements of a public
water system supervision program. 35.626-2 Regional Administrator's action
on grant application, 35.628 Program limitations, 35.630 Assignment of personnel.
STATE UNDERGROUND WATER SOURCE
PROTECTION PROGRAM GRANTS 35.650 Scope and purpose. 35.653 Definitions. 35.655 Determination of allotments. 35.656 Determination of reallotments. 35.657 Rate of Federal assistance. 35.659 Eligibility for grant award. 35.660 Limitation on grant award. 35.661 A-95 Clearinghouse review. 35.662 Allowable costs. 35.664 Budget period. 35.666 Reduction of grant amount. 35.670 Annual State program grant plan. 35.670-1 General. 35.670-2 State program grant preparation. 35.670-3 State program grant submission. 35.670-4 Major program elements and out
puts. 35.670-5 Regional Administrator's action
on grant application. 35.675 Assignment of personnel. 35.680 Program evaluation and reports. 35.680-1 Program evaluation. 35.680-2 Reports. SOLID AND HAZARDOUS WASTE MANAGEMENT
PROGRAM SUPPORT GRANTS 35.700 Purposes. 35.701 Definitions. 35.701-1 The Act. 35.701-2 Substate entity. 35.701-3 Nonrecurrent expenditures.
Sec. 35.786 Reporting.
Subpart C-Grants for Construction of
Wastewater Treatment Works
Sec. 35.702 Summary of program. 35.704 Eligibility for funding. 35.706 Allotments. 35.706-1 Solid waste management planning
and implementation. 35.706-2 Hazardous waste management
program development and implementa
tion. 35.706-3 Rural communities assistance. 35.706-4 States and substate implementa
tion grants. 35.706-5 Special communites. (Reserved) 35.708 Regional allowances. 35.710 Grant amount. 35.712 Reduction of grant amount. 35.714 Federal share. 35.716 Budget period. 35.718 State program development and
submission. 35.718-1 Plan submission requirements. 35.718-2 Annual work program submission
requirements. 35.720 Involvement of legislative and other
agencies. 35.722 Program elements. 35.724 Clearinghouse review. 35.726 Public participation. 35.728 Program review and approval. 35.730 Required outputs. 35.730-1 Inventory requirements. 35.732 Implementation and substate
grants. 35.734 Rural communities assistance. 35.736 Special communities. (Reserved) 35.738 Limitations on award. 35.738-1 Area and agency identification. 35.738-2 Maintenance of effort. 35.738-3 Federal grant as supplementary. 35.738-4 Letter of intent. 35.738-5 Partial authorization. 35.738-6 State/EPA agreement. 35.740 Adherence to budget estimates. 35.742 Program changes. 35.744 Program evaluation and reporting. ASSISTANCE FOR PESTICIDE ENFORCEMENT AND
APPLICATOR CERTIFICATION PROGRAMS 35.750 Scope and purpose. 35.751 Definitions. 35.752 Eligibility. 35.753 A-95 clearinghouse review. 35.755 Application submission. 35.758 Application evaluation. 35.761 Allotments and distribution of
funds. 35.762 Enforcement funds. 35.763 Applicator certification funds. 35.764 Amount of assistance and realloca
tion. 35.767 Rate of Federal assistance. 35.769 Reduction of amount. 35.771 Budget period. 35.775 Program plan. 35.778 Program elements. 35.782 Program evaluation.
35.800 Purpose. 35.801 Authority. 35.805 Definitions. 35.805-1 Construction, 35.805-2 Intermunicipal agency. 35.805-3 Interstate agency. 35.805-4 Municipality. 35.805-5 State. 35.805-6 State water pollution control
agency. 35.805-7 Treatment works. 35.810 Applicant eligibility. 35.815 Allocation of funds. 35.815-1 Allotments to States. 35.815-2 Reallotment. 35.820 Grant limitations. 35.820-1 Exceptions. 35.825 Application for grant. 35.825-1 Preapplication procedures. 35.825-2 Formal application, 35.830 Determining the desirability of
projects. 35.835 Criteria for award. 35.835-1 State plan and priority. 35.835-2 Basin control. 35.835-3 Regional and metropolitan plan. 35.835-4 Adequacy of treatment. 35.835-5 Industrial waste treatment. 35.835-6 Design. 35.835-7 Operation and maintenance. 35.835-8 Operation during construction. 35.835-9 Postconstruction inspection. 35.840 Supplemental grant conditions. 35.845 Payments.
Subpart D-Reimbursement Grants 35.850 Purpose. 35.855 Project eligibility. 35.860 Eligible and ineligible costs. 35.865 Applications. 35.870 Grant amount. 35.875 Initiation of construction. 35.880 Disputes.
Subpart E-Grants for Construction of
Treatment Works-Clean Water Act 35.900 Purpose. 35.901 Program policy. 35.903 Summary of construction grant pro
gram. 35.905 Definitions. 35.907 Municipal pretreatment program. 35.908 Innovative and alternative technol
ogies. 35.909 Step 2 + 3 grants. 35.910 Allocation of funds. 35.910-1 Allotments. 35.910-2 Period of availability; reallotment. Sec. 35.910-3 (Reserved) 35.910-4 (Reserved) 35.910-5 Additional allotments of previous
ly withheld sums. 35.910-6 Fiscal year 1977 public works al
lotments. 35.910-7 Fiscal year 1977 Supplemental
Appropriations Act allotments. 35.910-8 Allotments for fiscal years 1978
1981. 35.910-9 Allotment of Fiscal Year 1978 ap
propriation. 35.910-10 Allotment of Fiscal Year 1979
appropriation. 35.910-11 Allotment of Fiscal Year 1980
appropriation. 35.910-12 Reallotment of deobligated
funds of fiscal year 1978. 35.912 Delegation to State agencies. 35.915 State priority system and project
priority list. 35.915-1 Reserves related to the project
priority list. 35.917 Facilities planning (step 1). 35.917-1 Content of facilities plan. 35.917-2 State responsibilities. 35.917-3 Federal assistance. 35.917-4 Planning scope and detail. 35.917-5 Public participation. 35.917-6 Acceptance by implementing gov
ernmental units. 35.917-7 State review and certification of
f facilities plan. 35.917-8 Submission and approval of facili
i. ties plan. 35.917-9 Revision or amendment of facili
ties plan. 35.918 Individual systems. 35.918-1 Additional limitations on awards
for individual systems. 35.918-2 Eligible and ineligible costs. 35.918-3 Requirements for discharge of ef
fluents. 35.920 Grant application. 35.920-1 Eligibility. 35.920-2 Procedure. 35.920-3 Contents of application. 35.925 Limitations on award. 35.925-1 Facilities planning. 35.925-2 Water quality management plans
and agencies. 35.925-3 Priority determination. 35.925-4 State allocation. 35.925-5 Funding and other capabilities. 35.925-6 Permits. 35.925-7 Design. 35.925-8 Environmental review. 35.925-9 Civil rights. 35.925-10 Operation and maintenance pro
gram. 35.925-11 User charges and industrial cost
recovery. 35.925-12 Property. 35.925-13 Sewage collection system.
Sec. 35.925-14 Compliance with environmental
laws. 35.925-15 Treatment of industrial wastes. 35.925-16 Federal activities. 35.925-17 Retained amounts for recon
struction and expansion. 35.925–18 Limitation upon project costs in
curred prior to award. 35.925-19 (Reserved) 35.925-20 Procurement. 35.925-21 Storm sewers. 35.926 Value engineering (VE). 35.927 Sewer system evaluation and reha
bilitation. 35.927-1 Infiltration/inflow analysis. 35.927-2 Sewer system evaluation survey. 35.927-3 Rehabilitation. 35.927-4 Sewer use ordinance. 35.927-5 Project procedures. 35.928 Requirements for an industrial cost
recovery system. 35.928-1 Approval of the industrial cost re
covery system. 35.928-2 Use of industrial cost recovery
payments. 35.928-3 Implementation of the industrial
cost recovery system, 35.928-4 Moratorium on industrial cost re
covery payments. 35.929 Requirements for user charge
system. 35.929-1 Approval of the user charge
system. 35.929-2 General requirements for all user
charge systems. 35.929-3 Implementation of the user
charge system. 35.930 Award of grant assistance. 35.930-1 Types of projects. 35.930-2 Grant amount. 35.930-3 Grant term. 35.930-4 Project scope. 35.930-5 Federal share. 35.930-6 Limitation on Federal share. 35.935 Grant conditions. 35.935-1 Grantee responsibilities. 35.935-2 Procurement. 35.935-3 Property. 35.935-4 Step 2 + 3 projects. 35.935-5 Davis-Bacon and related statutes. 35.935-6 Equal employment opportunity. 35.935-7 Access. 35.935-8 Supervision. 35.935-9 Project initiation and completion. 35.935-10 Copies of contract documents. 35.935-11 Project changes. 35.935-12 Operation and maintenance. 35.935-13 Submission and approval of user
charge systems. 35.935-14 Final inspection. 35.935-15 Submission and approval of in
dustrial cost recovery system. 35.935-16 Sewer use ordinance and evalua
tion/rehabilitation program. 35.935-17 Training facility.
Sec. 35.935-18 Value engineering. 35.935-19 Municipal pretreatment pro
gram. 35.935-20 Innovative processes and tech
niques. 35.936 Procurement. 35.936-1 Definitions. 35.936-2 Grantee procurement systems;
State or local law. 35.936-3 Competition. 35.936-4 Profits. 35.936-5 Grantee responsibility. 35.936-6 EPA responsibility. 35.936-7 Small and minority business. 35.936-8 Privity of contract. 35.936-9 Disputes. 35.936-10 Federal procurement regula
tions. 35.936-11 General requirements for suba
greements. 35.936–12 Documentation. 35.936-13 Specifications. 35.936-14 Force account work. 35.936-15 Limitations on subagreement
award. 35.936-16 Code or standards of conduct. 35.936-17 Fraud and other unlawful or cor
rupt practices. 35.936-18 Negotiation of subagreements. 35.936-19 Small purchases. 35.936-20 Allowable costs. 35.936-21 Delegation to State agencies; cer
tification of procurement systems. 35.936-22 Bonding and insurance. 35.937 Subagreements for architectural or
engineering services. 35.937-1 Type of contract (subagreement). 35.937-2 Public notice. 35.937-3 Evaluation of qualifications. 35.937-4 Solicitation and evaluation of pro
posals. 35.937-5 Negotiation. 35.937-6 Cost and price considerations. 35.937-7 Profit. 35.937-8 Award of subagreement. 35.937-9 Required solicitation and suba
greement provisions. 35.937-10 Subagreement payments-archi
tectural or engineering services. 35.937-11 Applicability to existing con
tracts. 35.937-12 Subcontracts under subagree
ments for architectural or engineering
services. 35.938 Construction contracts (subagree
ments) of grantees. 35.938-1 Applicability. 35.938-2 Performance by contract. 35.938-3 Type of contract. 35.938-4 Formal advertising. 35.938-5 Negotiation of contract amend.
ments (change orders). 35.938-6 Progress payments to contractors. 35.938-7 Retention from progress pay.
Sec. 35.938-8 Required construction contract
provisions. 35.938-9 Subcontracts under construction
contracts. 35.939 Protests. 35.940 Determination of allowable costs. 35.940-1 Allowable project costs. 35.940-2 Unallowable costs. 35.940-3 Costs allowable, if approved. 35.940-4 Indirect costs. 35.940-5 Disputes concerning allowable
costs. 35.945 Grant payments. 35.950 Suspension, termination or annul
ment of grants. 35.955 Grant amendments to increase
grant amounts. 35.960 Disputes. 35.965 Enforcement. 35.970 Contract enforcement. APPENDIX A-COST-EFFECTIVENESS ANALYSIS
CHARGES FOR OPERATION AND MAINTE-
SULTING ENGINEERING AGREEMENTS APPENDIX C-2-REQUIRED PROVISIONS-CON
STRUCTION CONTRACTS APPENDIX D-EPA TRANSITION POLICY-Ex
ISTING CONSULTING ENGINEERING AGREE
MENTS APPENDIX E-INNOVATIVE AND ALTERNATIVE
Subpart F-State Management Assistance
35.1000 Purpose and scope. 35.1005 Policy. 35.1010 Application for grant. 35.1015 Eligibility for funding. 35.1016 Limitations on award. 35.1020 Grant amount and award. 35.1025 Payment. 35.1030 Delegation agreement. 35.1030-1 Scope of delegation agreement. 35.1030-2 Certification procedures. 35.1030-3 Limitation on delegation. 35.1030-4 Terms of delegation agreement. 35.1030-5 Implementation of the delega
tion agreement. 35.1030-6 State assurance. 35.1030-7 Determination of competence. 35.1030-8 Amendments. 35.1030-9 Right of review; appeal. 35.1033 Public participation. 35.1035 Adherence to budget estimates. 35.1040 Program evaluation and reporting. 35.1045 Reduction of grant amount; sus
pension or termination of grants. 35.1050 Disputes.