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Contract No. TJCOG— CBS -004 <br />ATTACHMENT A -1 <br />SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND <br />REINVESTMENT ACT OF 2009 <br />Preamble <br />The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve <br />and create jobs and promote economic recovery, assist those most impacted by the recession, provide <br />investments needed to increase economic efficiency by spurring technological advances in science and health, <br />invest in transportation, environmental protection, and other infrastructure that will provide long -term economic <br />benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential <br />services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that <br />maximizes job creation and economic benefit. <br />The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, <br />accountability, transparency, data collection and resources as specified in Act itself and as discussed below. <br />Recipients should begin planning activities for obtaining a DUNS number (or updating the existing DUNS <br />record), and registering with the Central Contractor Registration (CCR). <br />Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete <br />projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and <br />related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate <br />records for Recovery Act funds and to ensure those records comply with the requirements of the Act. <br />The Government has not fully developed the implementing instructions of the Recovery Act, particularly <br />concerning specific procedural requirements for the new reporting requirements. The Recipient will be <br />provided these details as they become available. The Recipient must comply with all requirements of the Act. <br />If the recipient believes there is any inconsistency between ARRA requirements and current award terms and <br />conditions, the issues will be referred to the Contracting Officer for reconciliation. <br />Definitions <br />For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the <br />American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5. Covered Funds will have special accounting <br />codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or <br />modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. <br />Non - Federal employer means any employer with respect to covered funds — the contractor, subcontractor, <br />grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; <br />and any professional membership organization, certification of other professional body, any agent or licensee of <br />the Federal government, or any person acting directly or indirectly in the interest of an employer receiving <br />covered funds; or with respect to covered funds received by a State or local government, the State or local <br />government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or <br />subcontractor of the State or local government; and does not mean any department, agency, or other entity of the <br />federal government. <br />Recipient means any entity that receives Recovery Act funds directly from the Federal government (including <br />Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that <br />receives Recovery Act Funds. <br />Page 18 of 34 <br />