On April 23, 2009, the Office of Management and Budget (OMB) issued ARRA guidance establishing government-wide guidance and standard award terms for agencies to include financial assistance awards which will impact federally assisted programs, namely grants, cooperative agreements and loans as part of their implementation of the Recovery Act.
Ultimately Agencies such as U.S. DOT and EPA will and have released their own guidance for programs based on the OMB guidance. Highlights of the OMB guidance include:
- Implementation of Section 1512 of the Recovery Act which requires contractors to report on their use of Recovery Act funds - to include jobs created by the funds, jobs retained by the funds, and the total compensation of the top five most highly compensated individuals employed by the contractor and first-tier subcontractors. Reports from contractors for all work funded, in whole or in part, by the Recovery Act shall be submitted no later than the 10th day after the end of each calendar quarter.
- Implementation of Section 1605 of the Recovery Act which prohibits the use of funds appropriated for the Recovery Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. But, requires that the Buy American requirement be applied in a manner consistent with U.S. obligations under international agreements and provides for waivers under certain limited circumstances.
- Implementation of Section 1606 of the Recovery Act which requires all mechanics and laborers employed on projects funded directly by or assisted by (in whole or in part) Recovery Act funds to be paid wages at no less than the prevailing rate (as determined by the Department of Labor).