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Contract Provisions Guide 19 7.1 Applicability This provision does not apply to all FEMA grant and cooperative agreement programs. NFEs should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement. However, the Rights to Inventions Made Under a Contract or Agreement clause is not required for procurements under FEMA’s PA Program. 7.2 Key Definitions Funding Agreements:The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as “any contract, grant, or cooperative agreement entered into between any federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.” 8. Clean Air Act and Federal Water Pollution Control Act For contracts over $150,000, contracts must contain a provision requiring contractors to comply with the Clean Air Act 40 and the Federal Water Pollution Control Act.41 Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency (EPA).42 8.1 Applicability This contract provision is required for all procurements over $150,000. 8.2 Suggested Language The following provides a sample contract clause: “Clean Air Act” The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the (insert name of non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to 40 42 U.S.C. §§ 7401-7671q. This also includes all applicable standards, orders, or regulations issued pursuant to the Clean Air Act. 41 33 U.S.C. §§ 1251-1387, as amended. 42 2 C.F.R. Part 200, Appendix II, § G. ATTY/AGR.2025.317/Wood Rodgers, Inc. (Page 56 of 77)