Community Development Block Grant (CDBG) Capital Improvements Toolkit

The guidance in this webpage is intended to assist City Community Development Block Grant (“CDBG”) Subrecipients in developing CDBG-compliant contracts and procurement (“bid”) documents. When creating a formal procurement packet, the City recommends that you refer to your entity’s procurement documents in addition to the checklist in Section 1 to ensure all required provisions are included during the process.

NOTE: While the City Housing and Human Services Division has made every effort to provide timely and accurate information, the City makes no claims, promises, or guarantees regarding the accuracy, completeness, or adequacy of the contents of this guidance document, and expressly disclaim liability for errors and omissions in its contents. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, or fitness for a particular purpose is given with respect to the contents of this website or its links to other Internet resources.  It is the sole responsibility of the Subrecipient to determine CDBG requirements and the appropriate language and actions required to address such requirements.  

Each Subrecipient should seek its own legal counsel. The sample provisions and materials are not to be relied upon in lieu of seeking independent legal counsel as the law.

 

All procurements funded in whole or in part with CDBG funds must comply with the federal requirements found in 2 CFR Part 200. The goal in using these procurement procedures is to achieve maximum open and free competition. All Subrecipients of CDBG funds must follow the procurement standards in 2 CFR § 200.318 through 200.327. 

When entering into a contract for services funded, in whole or in part, with CDBG funds, Subrecipients must ensure all contracts include all applicable provisions listed below. If your entity’s contract document is missing any required provisions, sample materials have been provided for your review and use.  

Bid packets or Request for Proposals must be submitted to the City Housing and Human Services Division for compliance review prior to public posting. When submitting documents for review, please provide a copy of the Checklist indicating the document location for each compliance item. 

Allow at least 10 business days for review. 

Checklist

This checklist is also available by PDF.(PDF, 303KB)

1. Labor Laws and Requirements

This federally funded project is subject to the following labor laws and regulations:

                                               Davis-Bacon and Related Acts require the payment of prevailing wage rates to all laborers and mechanics working on the construction site. The prevailing wages for this project are listed in the contract documents. Prevailing wages include a basic hourly rate of pay and in most cases a fringe benefit payment.
  The Copeland Act makes it a crime for anyway to require any laborer or mechanic to kickback any part of their wages. Consequently, the only deductions that can be taken out of an employee's paycheck are those required by law or those authorized by the employee in writing. The Copeland Act also requires that every contractor pay their employees weekly and submit weekly certified payroll reports (CPRs).
  The Contract Work Hours and Safety Standards Act (CWHSSA) requires time and one-half pay for hours worked over 40 in any workweek. The time and one-half is computed on the basic hourly wage and then the fringe amount is added to it. CWHSSA violations carry a liquidated damages penalty of ten dollars per day per violation. Intentional violations of CWHSSA standards are considered a federal criminal misdemeanor.

 

2. Additional Classifications

  If the work classifications needed do not appear on the wage decision, a request for additional classification and wage rate will be needed. The contract administrator can assist you in this process. These additional classifications and rates must be approved by the U.S. Department of Labor.

 

3. Job Site Postings

The contractor is required to display, in a conspicuous place, the following:

  Postings must include the Project Name, Project Description, and Funding Sources. 
  If applicable, detour and warning signs must be visible in multiple areas on the premises.
  The Wage Decision for this project, which is: ___________ with ____ modifications, dated __/__/____
  Appropriate posters to be posted at the job site (state and federal):
      1. Notice to Employees
              - Davis Bacon (English)
              - Davis Bacon (Spanish)
       2. Minimum Wage
              - Federal Minimum Wage (English)
              - Federal Minimum Wage (Spanish)
      3. OSHA Job/Work Site Safety
              - Department of Labor (DOL) Poster Guidance
       4. Know Your Rights
              - Wage and Hour Posters

 

4. Payrolls

  Original payrolls must be submitted weekly by all contractors and subcontractors. 
  Contractors are not required to use Payroll Form WH-347, but the payroll used must contain all information required on the WH-347;and the Statement of Compliance must be the exact same wording as on the reverse of WH-347. 
   Payroll information needed:
      A. Number of payrolls (mark last payroll final).
      B. All mechanics and laborers employed on the site must be listed on the payroll.
      C. Employee name, and last four digits of social security number.
      D. Correct work classification taken from the wage decision or approved classification.
      E. Hourly wage paid and fringe if paid in cash (see below for fringe paid to a plan).
      F. Daily and weekly total number of hours worked (only hours worked on this project).
      G. Gross pay for this project.
      H. Allowable deductions (those required by law or authorized by the employee in writing).
      I. Net pay.
      J. Reverse of WH-347 completed, box "a" or "b" checked, and the certification signed.
  Payroll deductions must be made according to DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-back" any of their earnings. Allowable deductions include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings account and any other legally permissible deduction authorized by the employee. Deductions may also be Made for payments on judgments and other financial obligations legally imposed against the employee. Non-permissible deductions are tools, gas and similar items.
  If fringe benefits are paid to a plan instead of in cash, the hourly contribution must be determined. Documentation of the plan and the amount paid into the plan per employee must be submitted with the first payroll. Fringe benefits include health insurance and retirement. They do not include employer payments or contributions required by other federal, state, or local laws, such as the employer's contribution to Social Security or some disability insurance payments.
  If payrolls are not numbered sequentially by the respective contractor or subcontractor, then submit a letter or the "No Work" form to the contract administrator for the period that work is not performed so that a continuous record is maintained. One form may be submitted for extended period of inactivity on the job.
  General and all subs submit Signature Authorization Form stating who is designated to sign payrolls if someone other than the owner signs them.
  Payrolls must be submitted to the Grant Administrator indicated below withing seven (7) days after the payroll period ends.

 

5. Split Classification 

  If employees perform work in more than one classification during the workweek, the wage rates specified for each classification can be paid only if accurate time records are maintained showing the amount of time spent in each classification of work. If there is a dispute, the contractor will be asked to provide the employee time records. If accurate time records are not maintained, the employees must be paid the highest wage rate of all the classifications for work performed. 

 

6. Proper Designation of Trade

  The classification of each employee must be selected from the wage decision, or an approved Additional Classification based on the actual type of work performed. Each worker must be paid no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters, even if they aren't considered by the contractor to be fully trained as a Carpenter. The only people who can be paid less than the rate for their craft are apprentices registered with the U.S. Department of Labor or approved program.

 

7. Foremen

  Foremen or supervisors who regularly spend more than 20% of their time performing construction work are covered laborers and mechanics (workers, employees) for labor standards purposes and must be paid the designated wage for the classification in which they work.

 

8. Relatives

 
Relatives are not exempt from Davis-Bacon requirements and must be paid the prevailing wage rate for the classification of work performed. 

 

9. Apprenticeship Provisions

  Documentation of Apprentice registration must be submitted with the first payroll on which he appears. If the papers are not submitted, the employee must be paid the mechanic rate for the classification of work being performed. The apprentice must be registered prior to going to work on the job. 
  The Journeyman-Apprentice ratio must be observed. If more apprentices per journeymen are used than permitted, the extras must be paid at the journeyman's rate.

 

10. Wage Interviews

  Every contractor must make their employees available for interviews at the job site. Interviews should be conducted individually and in private. Each employee should be informed that the information given is confidential, and that their identity will not be disclosed to the employer without the employee’s permission.

 

11. Working Subcontractors

In the event the general contractor or the subcontractor hires a self-employed proprietor (someone who has no employees so will perform all the work themselves), the Davis-Bacon rate must be paid and the following procedure must be followed: 

  A. Report the self-employed proprietor on the certified payroll of whoever hired them.  
  B. Provide their name, address, and social security number.
  C. State their classification of work (i.e. "finish carpenter").
  D. Indicate daily hours of work, by date, and the total hours per week.
  E. Show the hourly rate of pay, with the gross amount earned in the week.
  F. Enter "self-employed" and their contracting license number, where the payroll asked for "deductions."

 

12. Truck Drivers

  Truck drivers employed by a construction contractor or subcontractor are not covered by Davis-Bacon prevailing wage requirements while engaged in transporting materials or supplies to or from (BUT NOT DIRECTLY ON) the site of the work. These truck drivers must be paid Davis-Bacon rates for time spent while employed "directly upon the site of the work," and while hauling between the project site and any special facilities established exclusively for the project (i.e. "dedicated facilities" under 29 CFR 5.2(1)(2)). 

 

13. Violations

  Violations of state/federal prevailing wage requirements can result in withholding of funds, termination of contract, or contractor debarment. 

 

14. Minority-Owned and Women-Owned Business Enterprise & Equal Employment Opportunity

  All procurement awards in excess of $10,000 for supplies, equipment, construction, or services must demonstrate a good faith effort to hire/contract with minority and women-owned businesses, including subcontracts under 24 CFR Part 85.36(e)(1). 
  The utilization of any worker, including apprentices, trainees, and journeymen shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

 

15. Section 3 Hiring and Contracting Activity

  Section 3 is mandatory for all housing rehabilitation, housing construction, and other public construction projects that exceed $200,000 or more of housing and community development financial assistance from one or more HUD programs. Under Section 3, grantees, contractors, and subcontractors must actively work to employ Section 3 Workers and Targeted Section 3 Workers and direct economic opportunities to Section 3 Business Concerns. 
  The prime contractor and all subcontractors must receive, read, and understand the Section 3 Compliance Manual and all of its attachments.
  Contractors and subcontractor(s) must make a good faith effort to utilize Section 3 Workers and Target Section 3 Workers as trainees and employees in connection with the project.
  Contractors and subcontractor(s) must make a good faith effort to award contracts to Section 3 Business Concerns for work in connection with the project.
  Contractors and subcontractor(s) must keep records documenting good faith efforts taken and results of these efforts.
  Contractors must complete and submit all documentation require to comply with Section 3 as stated and included in the Section 3 Compliance Manual.

 

16. Build America, Buy America (BABA)

  The Buy America Preference (BAP) requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with federal financial assistance (FFA), as outlined in Section 70914(a) of BABA, must be produced in the United States. BAP does not apply to "pre- and post-disaster emergency response expenditures" under Section 70912(4)(B).

 

17. Changes

  All work on a CDBG project must remain in the project area identified in the grant application and the environmental review record. Grand funds are awarded based upon strict criteria according to HUD National Objectives. 
  CDBG funds may only be used for activities approved in the project application and award. Changes to the project must be approved by DCS through a Request for Amendment, and include information about the reason for the request, an official change order, and meeting minutes approving the change order. The project cannot continue and expenses cannot be paid prior to DCS approval of the Request for Amendment.
  Additional work performed by the contractor not specifically required for the approved project must be deducted from the contractor's invoice and only eligible activities will be considered when requesting CDBG funds. By not verifying the approved activities and contract amounts, CDBG funds may be used for ineligible activities. This scenario would make the project ineligible and may require repayment of the funds.

 

If you need an alternative or translated format, please contact sneil@alamedaca.gov.

Section 3 Guidelines (for Recipients of HUD Housing & Community Development Funding)

Why HUD Enforces Section 3

Each year the U.S. Department of Housing and Urban Development invests billions of federal dollars into distressed communities for projects that build and rehabilitate housing; improve roads and community centers; and help families achieve the American Dream.

The Section 3 regulation acknowledges that HUD funding typically results in projects/activities that generate new contracting, employment, and other economic opportunities that not only impact bricks and mortar, but also create a multiplier effect for local housing providers and businesses that provide goods and services.

Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 135] represents HUD’s policy for providing preference for new employment, training, and contracting opportunities created from the usage of covered HUD funds to low- and very low-income residents of the community where certain funds are spent (regardless of race or gender), and the businesses that
substantially employ these persons.

Applicability of Section 3 to Housing and Community Development Assistance

The requirements of Section 3 apply to recipients of HUD Housing and Community Development funding exceeding $200,000.

Section 3 does not apply on a “per-project” basis, whenever any portion of HUD funding is invested into projects involving housing construction, demolition, rehabilitation, or other public construction (i.e. roads, sewers, community centers, etc.), the requirements of Section 3 apply.

Further, contractors or subcontractors that receive contracts in excess of $200,000 for Section 3 covered projects/activities are required to comply with the Section 3 regulations in the same manner as direct recipients. If the recipient agency receives Section 3 covered projects/activities, but no individual contract exceeds $200,000, the requirements of Section 3 only apply to the recipient. Accordingly, the recipient must attempt to meet the Section 3 minimum numerical goals found at 24 CFR Part 135.30 by awarding 10 percent of the total dollar amount of all covered construction contracts to Section 3 businesses.

State and County agencies that distribute covered funds to units of local government, nonprofit organizations, or other subrecipients, must attempt to reach the minimum numerical goals set forth at 24 CFR Part 135.30, regardless of the number of subrecipients that receive covered funding. The state or county must inform its subrecipients about the requirements of Section 3; assist them and their contractors with achieving compliance; and monitor their performance with respect to the objectives and requirements of Section .

Some Types of Section 3 Covered Housing and Community Development Funding

  • Community Development Block Grants (CDBG)
  • Home Investment Partnership Assistance
  • Housing Opportunities for Persons with Aids (HOPWA)
  • Economic Development Initiative (EDI)
  • Brownfield Economic Development Initiative (BEDI)
  • Emergency Shelter Grants
  • Homeless Assistance
  • University Partnership Grants
  • Neighborhood Stimulus Program (NSP)
  • Certain Grants Awarded Under HUD Notices of Funding Availability (NOFAs)
  • Section 202 Supportive Housing for the Elderly
  • Section 811 Supportive Housing for the Disabled
  • Project Based Section 8 Vouchers

NOTE: The requirements of Section 3 only apply to the portion(s) of covered funding that were used for project/activities involving housing construction, rehabilitation, demolition, or other public construction. Section 3 applies to the entire covered project or activity regardless of whether the activity was fully or partially funded with covered assistance.

Section 3 Purpose and New Rule

Section 3 of the Housing and Urban Development Act of 1968 (codified at 12 U.S.C. 1701u and implemented at 24 CFR Part 75, hereinafter, "Section 3"), as amended, requires that economic opportunities, most importantly employment, generated by certain U.S. Department of Housing and Urban Development (“HUD”) financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, or residents of the community in which the Federal assistance is spent.

Section 3 Covered Recipient Agencies

“Recipient” refers to any entity that receives Section 3 covered financial assistance directly from HUD or from another recipient and includes, but is not limited to any of the following:

  • States; Units of Local Government; Native American Tribes; or other Public Bodies
  • Public or Private Nonprofit Organizations
  • Private Agencies or Institutions
  • Recipients do NOT include any ultimate beneficiary under the HUD program that Section 3 applies (i.e., residents or laborers); and does NOT refer to contractors.

Recipient Responsibilities Pursuant to Section 3

Each recipient (and their covered contractors, subcontractors, or subrecipients) are required to comply with the requirements of Section 3 for new employment, training, or contracting opportunities resulting from the expenditure of covered funding. This responsibility includes:

  1. Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance;
  2. Notifying potential contractors working on Section 3 covered projects of their responsibilities;
  3. Incorporating the Section 3 Clause into all covered solicitations and contracts [see 24 CFR Part 135.38];
  4. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns;
  5. Assisting and actively cooperating with the Department in making contractors and subcontractors comply;
  6. Refraining from entering into contracts with contractors that are in violation of Section 3 regulations;
  7. Documenting actions taken to comply with Section 3; and
  8. Submitting Section 3 Annual Summary Reports (form HUD-60002) in accordance with 24 CFR
    Part 135.90.

24 CFR Part 75: Section 3 New Rule

  • 30% new hire requirement eliminated and replaced with 25% and 5% Labor Hour Benchmark
    Goals.
  • New definitions of Section 3 Residents (now referred to as Section 3 Workers), created a subcategory of Targeted Section 3 Workers
  • New definition of Section 3 Business Concerns
  • Section 3 Worker income qualifying criteria changed from household to individual income limits

New Definitions  

Section 3 Business Concerns are one of the following:

  1. At least 51% owned and controlled by low or very low-income persons
  2. Over 75% of labor hours performed for the business over the prior three-month period are performed by Section 3 workers
  3. At least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (See the Section 3 Business Certification Form below)

A Section 3 Worker is any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:

  • The worker’s income for the previous or annualized calendar year is below the income limit established by HUD whose income do not exceed the local income criteria of low- or very low income;
  • The worker is employed by a Section 3 Business Concern;
  • Residents of Public and Indian Housing; or
  • The worker is a Youth Build participant

In accordance with the regulation, residents and businesses concerns seeking Section 3 preference shall certify, or submit evidence to the recipient, contractor, subcontractor or subrecipient (if requested) verifying that they meet the definitions provided above.

Recipients can use their discretion for determining the type of verification that is required by prospective Section 3 residents and business concerns. Some examples include: proof of residency in a public housing authority; proof of federal subsidies for housing, food stamps, or unemployment benefits; and payroll data or other relevant business information.

A Targeted Section 3 Worker for public housing financial assistance (PH) means a Section 3 Worker who is:

  1. A worker employed by a Section 3 Business Concern; or
  2. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
    1. A resident of public housing or Section 8-assisted housing;
    2. A resident of other public housing projects or Section 8- assisted housing managed by the PHA that is providing the assistance; or
    3. A Youth Build participant.

Labor Hour Benchmarks

New Hires and Order of Hiring Priority

  • 25% or more of the total number of labor hours worked by all workers in the recipient’s fiscal year are Section 3 Workers and
  • 5% or more of the total number of labor hours worked by all workers in the recipient’s fiscal year are Targeted Section 3 Workers
Section 3 Labor Benchmarks

 

New Hire Commitments and Hiring Priorities:

New Hire Commitments:
  • If applicable, at the time of your bids/quotes you may be required to make new hire commitments.
  • These commitments will be memorialized in your Economic Opportunity Plan (EOP) and will be attached to the contract.
Order of Hiring Priority for PH-Funded Programs
  • P1: To residents of the public housing projects for which the public housing financial assistance is expended;
  • P2: To residents of other public housing projects managed by HACLA or for residents of Section 8-assisted housing managed by HACLA;
  • P3: To participants in Youth Build programs; and
  • P4: To low- and very low-income persons residing within the metropolitan area in which the assistance is expended.

Good Faith Efforts (GFE) Examples

Examples of Good Faith Efforts include, but are not limited to the following (see 24 CFR Part 75.15 for more):

  • Outreach efforts to identify Section 3 Workers and Targeted Section 3 Workers
  • Provided training or apprenticeship opportunities
  • Connected S3 Workers with job placement services, assisted with resume preparation, interview techniques, etc.
  • Held job fair, posted job openings at worksite, on HUD Opportunity Portal, notified HACLA of job openings and requested referrals from HACLA Database
  • Provided assistance to apply for or attend community college, vocational/technical school
  • Engaged in outreach to identify and contract with Section 3 Businesses
  • Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns and providing them technical assistance to bid on contracts
  • Providing Section 3 Business Concerns bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 

Additional Section 3 Guidance and Technical Assistance

The Economic Opportunity Division is committed to providing recipient’s guidance and technical assistance for compliance with the requirements of Section 3. For additional information, please visit the Section 3 website. This webpage provides the following tools and information:

  • Section 3 Statute—12 U.S.C. 1701u
  • Section 3 Regulation—24 CFR Part 135
  • Frequently Asked Questions
  • Section 3 Model Programs
  • Guidance on Section 3 and Economic Stimulus Funding
  • Guidance on Section 3 and the Neighborhood Stimulus Program (NSP)
  • Sample Section 3 Certification Forms (residents and business concerns)
  • Link to HUD’s Local Income Eligibility Calculator
  • Link to Section 3 Annual Reporting System (form HUD-60002)
  • Downloadable Forms
  • Contact Information for Economic Opportunity Division staff
  • Email inquiries on Section 3 can be sent to section3@hud.gov

Self-Certification

Please review the Section 3 Business Concern Self-Certification (24 CFR Part 75)(PDF, 339KB) .

 

Guidelines for Minority-Owned and Women-Owned Business Enterprises (MBE/WBE) - 24CFR Part 85.36 (e) (1):

Section 281 of the National Affordable Housing Act requires each grantee, contractor, developer, and/or subrecipient to make good faith efforts and take affirmative steps to see that Minority and Women Business Enterprises (MBE/WBE) are provided contracting opportunities as a result of federal funding (e.g., CDBG, HOME, HOME-ARP).

To demonstrate compliance, the grantee, contractor, developer, and/or subrecipient must report all sub grant and procurement awards in excess of $10,000 for supplies, equipment, construction or services through Form HUD-2516.

Definitions:

  • Women-Owned Business Enterprise (WBE): Primarily owned (51%) by one or more females.
  • Minority-Owned Business Enterprise (MBE): Business primarily (51%) owned, operated and controlled by one or more members of the following race/ethnicity:
    Pacific Islander, American Native, African American/Black, American Indian/Alaskan Native, Hawaiian/Pacific Islander, Asian, or Hispanic.
  • Developer/Contractor/Sub-recipient: The entity that enters into a contract with the City or an agency that is receiving federal funds from the City to carrying out a service, or a project.
  • Subcontractor: Any entity which has agreed to undertake a portion of a contract in which federal funds are used.
  • Good Faith Effort: Comprehensive and continuing effort.
  • Affirmative Steps: Examples of Affirmative Steps include, but are not limited to:
    • When feasible, structure solicitations so that the total requirements are divided into subsets of smaller tasks or quantities for the purpose of retaining multiple firms or facilitating subcontracting opportunities for MBE/WBEs.
    • Use the services of the Small Business Administration.
    • Use the California Supplier Clearinghouse to find certified MBE/WBE businesses.

Required Outreach Criteria:

  • When grantee, contractor, developer, and/or subrecipient are soliciting bids, they will include in any notice to local newspaper that “Women and Minority Owned Businesses are strongly encouraged to apply.”
  • Grantee, contractor, developer, and/or subrecipient, when feasible, are strongly encouraged to consider posting in Spanish and Vietnamese newspapers.
  • Use Affirmative Steps when soliciting subcontracting opportunities.

MBE/WBE Voluntary Self-Certification

Organizations may use the voluntary MBE/WBE Self-Certification(PDF, 73KB) to assess their compliance with this rule.

If you need an alternative or translated format, please contact sneil@alamedaca.gov.

Build American, Buy America Act (BABA) 

The Build America, Buy America Act (BABA) was signed into law by President Biden on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) as Sections 70901-52 of Pub. L. No. 117-58. In addition to providing funding for roads, bridges, rails, and high-speed internet access, it created an incentive to increase domestic manufacturing across the country through the inclusion of BABA’s “Buy America Preference” (BAP). In general, the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance (FFA), as outlined in Section 70914(a) of BABA, must be produced in the United States. The intent of the BAP in BABA is to stimulate private-sector investments in domestic manufacturing, bolster critical supply chains, and support the creation of well-paying jobs for people in the United States. The preference is also intended to bolster American firms’ ability to compete and lead globally for years to come by requiring entities that receive Federal infrastructure funds to use American materials and products.  

The BABA preference for American materials and products applies to all spending on infrastructure projects by Federal agencies, including HUD. In BABA, the Federal infrastructure spending with a BAP is referred to as “Federal financial assistance” or “FFA.” Under Section 70912(7), FFA for infrastructure "projects” includes the “construction, alteration, maintenance, or repair of infrastructure in the United States”. Under Section 70914(a), the use of American iron and steel, construction materials, and manufactured products applies to funding from CPD programs for infrastructure projects. However, the BAP does not apply to “pre and post disaster or emergency response expenditures” under Section 70912(4)(B).  

If there are any questions or more information is needed, please refer to the following links or email the CDBG Management Analyst at afairley@alamedaca.gov.  

BABA Certification Form

The “Buy America Certification Form”(PDF, 167KB)  is used to certify that all of the iron, steel (for FY23 funded projects and forward), specific construction materials – non-ferrous metals, lumber, composite building materials, plastic and polymer based pipe and tube, (for FY24 funded projects and forward), all construction materials, including manufactured products (for FY25 funded projects and forward) utilized in federally funded projects with an aggregate of $250,000 or more funds, including HUD CDBG funds, are produced in the United States in a manner that complies with the Build America, Buy America Act, unless an applicable waiver applies or is granted by the Made in America Office of Management and Budget (MIAO).

If you need an alternative or translated format, please contact sneil@alamedaca.gov.

Civil Rights, Employment and Contracting Opportunities, and Other Federal Requirements 

1.01 Definitions. As used herein, "HUD" means United States Department of Housing and Urban Development. "Project Area" for the purposes of this Exhibit means the City of Santa Clara. 

1.02 Compliance with Applicable Federal Regulations. Subrecipient  shall comply with the provisions of 24 CFR 570, Subpart J and K, describing other program requirements, and the provisions of 2 CFR 200, relating to the uniform administrative requirements in the acceptance and use of Federal funds. 

1.03 If Subrecipient  receives State or City funds, Subrecipient  shall, in the use of those State or City funds adhere to the applicable Federal laws, regulations, policies, guidelines or requirements, herein specified, only in so far as adherence thereto would not be prohibited by valid City or State laws, regulations, policies, guidelines or requirements. 

1.04 Applicable Federal Civil Rights Laws and Executive Orders. In providing the services and work set forth in this Agreement, Subrecipient  shall carry out its work in a manner that will permit full compliance by City and strict adherence by Subrecipient  with the following: 

Age Discrimination Act of 1975, (Pub. L. 94-135), as amended: Provides that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal assistance. 

Americans with Disabilities Act of 1990 (ADA):  This Act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations.  The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.   

Architectural Barriers Act of 1968 (ABA) - (42 U.S.C. 4151-4157): This Act requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, except privately owned residential structures. Covered buildings and facilities designed, constructed, or altered with CDBG funds are subject to the ABA and must comply with the Uniform Federal Accessibility Standards.  

Buy-America Build-America (BABA) Preferences: Strengthening Buy-American Preferences for Infrastructure Projects. Recipients of covered programs (as defined in Executive Order 13858, 31 January 2019, and 2 C.F.R. §200.322 (Domestic preferences for procurements)) are hereby notified that they are encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or subaward that is chargeable under this Award. 

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended:  Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to 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 must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 

Copeland “Anti-Kickback” Act (all contracts in excess of $2,000): Subrecipient  must comply with the Copeland “Anti-Kickback” Act (18 U.S.C., Section 874), as supplemented in 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”), and that it is the Contractor’s responsibility to ensure compliance by any and all subcontractors performing work under this Contract 

Disadvantaged Business Enterprises (DBE): It is the policy of HUD to encourage the award of prime contracts valued at $100,000 or more to small disadvantaged business (SDB) concerns (other than certified 8(a) firms) that are at least 51 percent owned and controlled by socially and economically disadvantaged individuals. 

Environmental Requirements (24 CFR 570.604): Subrecipient  is not allowed to incur program expenses until the City has performed an environmental review of the proposed activities, received the release of funds, and provided the Subrecipient  with formal clearance to initiate them, along with directives for any action necessary to mitigate negative environmental impacts (24 CFR Part 58). 

Equal Employment Opportunity: In providing the work and services herein specified, Subrecipient  shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Subrecipient  shall take action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subrecipient  shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or the City setting forth the provisions of this non-discrimination clause. Subrecipient  shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. Subrecipient  shall incorporate the foregoing requirements of this paragraph in all of its contracts for program work, and will require all of its Subrecipient ’s for such work to incorporate such requirements in all subcontracts for program work. 

Executive Order 11063, as amended by executive Order 12259: Provides for equal opportunity in housing and related facilities provided by federal financial assistance. This order and its implementing regulations require the Department of Housing and Urban Development to take all actions necessary to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental or other disposition of residential property assisted with Federal loans, advances, grants or contributions.  

Executive Order 11246, (as amended by Executive Orders 11375 and 12086 and further amendments) Equal Opportunity Under HUD Contracts and HUD-assisted Construction Contracts: Requires that Subrecipient s and sub-recipients, and their sub-contractor, agree not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. 

Fair Labor Standards Act (FLSA) [as amended] - 29 U.S.C. 201 et seq.: The U.S. Department of Labor (DOL) administers and enforces the minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.  

Federal Labor Standards Provisions (Davis-Bacon Wage Rates): Except with respect to the rehabilitation of residential property designed for residential use for less than eight (8) families, Subrecipient  and all Subrecipient ’s engaged under contracts in excess of Two Thousand Dollars ($2,000) for the construction, completion or repair of any building or work financed in whole or in part with assistance provided under this agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient  of its obligation, if any, to require payment of the higher rates. Subrecipient  shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of Twenty Five Thousand Dollars ($25,000), 29 CFR 5a.3. 

Subrecipient shall not award any contract or subcontract which is otherwise in compliance with this Agreement to any person or sub-contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 

Flood Disaster Protection: Notwithstanding any other provision of this Agreement, Subrecipient  shall comply with the Flood Disaster Protection Act of 1973, as amended (P.L. 93-234), and the standards issued thereto. No portion of the monies to be paid to Subrecipient  pursuant to this Agreement shall be used for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in an area not in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any of said moneys for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. 

Any contract or Agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973, as amended. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 

Historic Preservation: Subrecipient  shall not violate provisions of the Historic Preservation Act and related laws and Executive Orders. Before any commitments are made to make any physical improvements or alterations or demolition of any building, Subrecipient  shall receive assurances from the City that the Subrecipient  is in compliance. 

Housing and Community Development Acts of 1974 and 1977, as amended: Provide that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity funded, in whole or in part, with funds made available pursuant to said acts. 

Immigration Reform and Control Act (IRCA) of 1986:  Employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S.  The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9).   

Lobbying Prohibited: 

  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 
  2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient  shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 
  3. The Subrecipient  shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 

Minority and Women-Owned Business Enterprises (MBE/WBE) - 24CFR Part 85.36 (e) (1): It is the policy of HUD to actively encourage contractors to take all necessary affirmative steps to assure that small and minority firms, Women’s business enterprise and labor surplus area firms as used as subcontractors when possible. A minority or women-owned small business concern is defined as owned by at least 51 percent minority group members or women.  

Political Activity: 

Partisan Activity Prohibited: No funds provided in this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall they be used to provide services, or for the employment or assignment of personnel, in a manner supporting or resulting in the identification of programs conducted pursuant to this Agreement, with the following: (1) any partisan or non-partisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or (3) any voter registration activity. 

Participants employed in the administration of the CDBG Plan and/or Program, and participants whose principal employment is in connection with an activity financed by the CDBG Program or its proceeds are subject to limitation on political activities under the Hatch Act (5 U.S.C. 1502(a), 18 U.S.C. 595). All participants may take part in non-partisan activities outside working hours. 

Political Reform Act: Subrecipient shall comply with the applicable provisions of the Political Reform Act of 1974, as amended, relating to conflicts of interest (codified in California Government Code Section 87000, et seq.) Subrecipient  will promptly advise City of the facts and circumstances concerning any disclosure made to it or any information obtained by it relating to conflicts of interest. 

Prohibition of and Elimination of Lead-Based Paint Hazard: Notwithstanding any other provision, Subrecipient  agrees to comply with the regulations issued by the Secretary of HUD set forth in 24 CFR 570.608 and all applicable rules and orders issued there under which prohibit the use of lead-based paint in residential structures undergoing federally assisted construction or rehabilitation and require the elimination of lead-based paint hazards. Every contract or subcontract, including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead-based paint. 

Nondiscrimination Under Title VI of the Civil Rights Act of 1964: Subrecipient  under this Agreement shall be subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR PART 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, Subrecipient  shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that Subrecipient  and the United States are beneficiaries of and entitled to enforce such covenant. Subrecipient , in providing the services and work it is to provide pursuant to this Agreement, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 

Section 3 of the Housing and Community Development Act of 1968 Pertaining to Employment Opportunities for Lower-Income Persons (12 U.S.C. 1701u): Requires that, to the greatest extent feasible on projects financed by HUD, a sub-recipient must: 

  1. Provide opportunities for training and employment, arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project, are given to persons with household income that is at or below 80% of the median income for Santa Clara as defined by the Secretary of HUD residing within the Santa Clara metropolitan area. Where feasible, priority should be given to residents within the service area of the project or the neighborhood in which the project is located who have household income that is at or below 80% of the median income for Santa Clara as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for the Santa Clara area; and, 
  2. Award contracts for work undertaken in connection with housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for persons residing within the metropolitan area in which the CDBG-funded project is located and have household income that is at or below 80% of the median income for Santa Clara as defined by the Secretary of HUD. Where feasible, priority should be given to business concerns, that provide economic opportunities to residents within the service area or the neighborhood in which the project is located who have household income that is at or below 80% of the median income for Santa Clara as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for that area, and 
  3. Self-certify whether they are a Section 3 business, employs Section 3 residents, or subcontracts with business that provide opportunities to low-income persons when an award of $200,000 or more of HUD funding is provided for housing rehabilitation, housing construction, or other public construction projects, and/or $100,000 or more to sub-contractors, and 
  4. At a minimum, provide documentation on federal compliance, reporting and outreach efforts. 

Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.): This law provides that any grant under section 106 shall be made only if the Subrecipient  certifies to the satisfaction of the Secretary of HUD that the Subrecipient  will, among other things, affirmatively further fair housing. 

Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794):  This section provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act. 

Section 110 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5310: (a) All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5); Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units.  The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as mended (48 Stat. 948; 40 U.S.C. 276(c)).  

(b) The above shall not apply to any individual that— 

(1)  performs services for which the individual volunteered; 
(2)(A) does not receive compensation for such services; or  
(B) is paid expenses, reasonable benefits, or a nominal fee for such services; and 
(3) is not otherwise employed at any time in the construction work.  

Section 504 of the Rehabilitation Act of 1973, as amended (implemented at 24 CFR Part 135):  It is unlawful to discriminate based on disability in federally assisted programs.  This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance.  Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991. 

Title VI of the Civil Rights Act of 1964: Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 

Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): Prohibits discrimination in the sale, rental, and financing of housing and the provision of brokerage services because of race, color, religion, sex, sexual orientation, actual or perceived gender identity, national origin, handicap, or familial status.  

Uniform Federal Accessibility Standards set forth in 24 CFR, Part 40, Appendix A. 

Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotions, transfer, demotions, dismissal, and referral.  It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment. 

Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002):  This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War.  Affirmative action is required in the hiring and promotion of veterans. 

Violation or Breach of Contract:  Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 

Relocation and Real Property Acquisition: Subrecipient  shall comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and 24 CFR 570.606(b); and (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan (Plan) under section 104(d) of the HCD Act. Under the URA and the Plan, the sub-recipient must provide relocation assistance to persons (families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. All property occupants must be issued certain notices on a timely basis. The Plan also requires the one-for-one replacement of any occupied or vacant occupiable low/moderate-income housing that is demolished or converted to another use in connection with a CDBG-assisted project. Finally, the Plan requires the identification of the steps that will be taken to minimize displacement. 

Rights to Inventions Made Under a Contract or Agreement:  If the agreement with the contractor is for the performance of experimental, developmental, or research work, including any assignment, substitution of parties, or subcontract of any type entered into for such purpose, the recipient or subrecipient must 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. 

Termination for Cause and for Convenience:  All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 

Interest of Certain Federal Officials: No member of, or Delegate to, the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit arising from same. 

Conflict of Interest: No officer, employee, or agent of City who exercises any functions or responsibilities with respect to the CDBG program or to the services and work to be performed by Subrecipient  pursuant to this Agreement, during such officer's, employee's, or agent's tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 

Subrecipient shall incorporate or cause to be incorporated in every contract required to be in writing a provision prohibiting such interest pursuant to the purposes of this section. 

Prohibition Against Payments of Bonuses or Commissions: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Acts of 1974 or 1977, or HUD regulations with respect thereto; provided, however that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 

Copyrights: If this Agreement results in a book or other copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. 

Patents: Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to City and HUD for determination by HUD as to whether patent protection on such invention or discovery will be sought and how the rights in the invention or discovery, including the rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. 

Procurement of Recovered Materials:  A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must 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 Environmental Protection Agency (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. 

§ 570.603 - Labor Standards: (a) Section 110(a) of the Act contains labor standards that apply to nonvolunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b) The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] 

§ 570.609 - Use of debarred, suspended or ineligible contractors or subrecipients: The requirements set forth in 24 CFR part 5 apply to this program. [61 FR 5209, Feb. 9, 1996] 

24 CFR Part 24: Related to the employment, engagement of services, awarding of contracts, or funding of any Subrecipient ’s or sub during any period of debarment, suspension or placement in ineligibility status.

In addition to the federal requirements described above, the City of Alameda requires submission of the following files. Please note that performance and payment bonds are only required for large-scale construction projects over $100,000.

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