HomeMy WebLinkAboutPR 15441: US DEPT. OF ENERGY AGREEMENTInteroffice
MEMORANDUM
TO: Stephen Fitzgibbons, City Manager
FROM: Rebecca Underhill, Assistant Canager
DATE: October 15, 2009
SUBJECT: P. R 15441
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution Number 15441. This
Resolution approves entering into an agreement with the U. S. Department of Energy in the
amount of $541,300.
BACKGROUND:
The City of Port Arthur filed with the U.S. Department of Energy for an energy efficiency grant
under the "Recovery Act- Energy Efficiency and Conservation Block Grants -Formula Grants"
in the amount of $541,300 to reduce energy consumption in City Hall by replacing the current
heating, ventilation, and air conditioning (HVAC) system with modem, higher efficiency
equipment and by reducing the energy lost through the existing windows in the building.
BUDGETARY/FISCAL EFFECT:
The funding source is the U. S. Department of Energy.
SUMMARY:
I recommend that the City Council approve Proposed Resolution Number 15441 that
authorizes the City to enter into an agreement with the U. S. Department of Energy.
P.R No. 15441
10/14/09 Rebecca Underhill
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR TO ENTER INTO AN AGREEMENT WITH THE
U. S. DEPARTMENT OF ENERGY FOR AN ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT IN
THE AMOUNT OF $541,300.
WHEREAS, the American Recovery and Reinvestment Act of 2009 has provided funding for
the Energy Conservation Block Grant program; and,
WHEREAS, the City of Port Arthur has been approved to receive $541,300 from the U. S.
Department of Energy for an Energy Efficiency and Conservation Block Grant; and,
WHEREAS, it is deemed in the best interest of the City of Port Arthur to enter into an
Agreement with the U. S. Department of Energy for the implementation of the Block Grant Program,
see exhibit "A" attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT the City Manager is authorized to execute an agreement with the U. S. Department of
Energy in the amount of $541,300 for activities described in substantially the same form as Exhibit
«A,~
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of October, A.D. 2009, at a Regulaz
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
MAYOR
COUNCILMEMBERS:
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
~~ t
City Attorney ~ ~~
APPROVED FOR ADMINISTRATION:
Manager
Rebecca Underhill
Director of Finance
EX~IIBIT A
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1. Award No. 2. Modifwtion No. 3. Effective Date 4. CFDA No.
DE-500002914 10/13/2009 81.128
5. Awarded To 6. Sponsoring Office 7. Period of Performance
PORT ARTHUR, CITY OF EERE (FORS) 10/13/2009
Attn: Stephen Fitzgibbons U.S. Department of Energy through
10/12/2012
444 4TH STREET gy y
Office of Ener Efficienc & Renewable
P O Bx 1089 Forrestal Building
Port Arthur TX 77641 1000 Independence Avenue, SW
Washington DC 20585
8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No.
~X Grant Energy Independence and 1050000019
Cooperative Agreement Security Act (EISA) of 2007
Other
11. Remittance Address 12. Total Amount 13. Funds Obligated
PORT ARTHUR, CITY OF Govt. Share: $541,300.00 This action: $541,300.00
Attn: Stephen Fitzgibbons Cost Share $797,040.00 Total $541,300.00
444 4th Street Total $1,338,340.00
P O Bx 1089
Port Arthur TX 77641
14. Prindpal Investigator 15. Program Manager 16. Administrator
Stephen Fitzgibbons artha J. Kass Oak Ridge
408-983-8101 Phone : 865-576-0717 U.S. Department of Energy
P.O. Box 2001
Oak Ridge TN 37631
17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To
OR for Oak Ridge/OSTZ See Reporting
U.S. Department of Energy Requirements Checklist
Oak Ridge Office
Oak Ridge Financial Service Center
P.O. Box 6017
Oak Ridge TN 37831
20. Accounting and Appropriation Data
Block Grants
21. Research Ttle andlor Description of Project
ENERGY EFFICIENCY AND CONSERVATION GRANT PROJECT-PORT ARTHUR TX
For the Recipient For the United States of America
22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer
_ _ ~ ~_ _
23. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed
JUDITH S. WILSON 10/13/2009
NOT SPECIFIED /OTHER
NOT SPECIFIED /OTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED rR~e ur
CONTINUATION SHEET DE-500002914 2 I 2
NAME OF OFFEROR OR CONTRF
PORT ARTHUR, CITY OF
ITEM NO.
(A) SUPPLIES/SERVICES ~
IB) QUANTITY
(C) UNI
(D) UNIT PRICE
(E) AMOUNT
(F)
DUNS Number: 137134909
TAS::89 0331::TAS Recovery Act Block Grant. New
Award for
Port Arthur, TX.
ASAP: Yes Extent Competed: NOT AVAIL FOR COMP
Delivery Location Code: 00522
Oak Ridge Office
U.S. Department of Energy
oak Ridge office
230 Warehouse Road
Oak Ridge TN 37830
Payment:
OR for Oak Ridge/OSTI
U.S. Department of Energy
Oak Ridge Financial Service Center
P.O. Box 6017
Oak Ridge TN 37831
Fund: 05796 Appr Year: 2009 Allottee: 30 Report
Entity: 471999 Object Class: 41000 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAS Account: 0331
Juty 2004
NOT SPECIFIED /OTHER
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM -FORMULA GRANTS
Table of Contents
1. RESOLUTION OF CONFLICTING CONDITIONS ................................................................................. .1
2. AWARD AGREEMENT TERMS AND CONDITIONS ........................................................................... .1
3. AWARD PROJECT PERIOD AND BUDGET PER[ODS ........................................................................ .1
4. STAGED DISBURSEMENT OF FUNDS ................................................................................................. .1
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................................................................. .2
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD ........................................................................................................................... .2
7. COST SHARING FFRDC'S NOT INVOLVED ........................................................................................ .2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ................................................................. .3
9. CEILING ON ADMINISTRATNE COSTS ............................................................................................. .4
0. LIMITATIONS ON USE OF FUNDS ....................................................................................................... .4
11. PRE-AWARD COSTS ............................................................................................................................... .4
12. USE OF PROGRAM INCOME -ADDITION ........................................................................................... .4
13. STATEMENT OF FEDERAL STEWARDSHIP ....................................................................................... .4
14. SITE VISTTS ............................................................................................................................................... .5
15. REPORTING REQUIREMENTS .............................................................................................................. .5
16. PUBLICATIONS ........................................................................................................................................ .5
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ................................................................... .6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ............................... .6
19. LOBBYING RESTRICTIONS ................................................................................................................... .6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -
- SENSE OF CONGRESS ......................................................................................................................... ..6
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP .......................................................................... ..6
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ..................................... ..6
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS ............................................ ..7
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AN D
REINVESTMENT ACT OF 2009 (MAY 2009) ....................................................................................... ..7
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION ] 512 OF THE
RECOVERY ACT (MAY 2009) ............................................................................................................... I1
26. REQUIltED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ......... 11
27. REQUBtED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 (MAY 2009) ............................................................................. 13
28. WAGE RATE REQUIltEMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY
2009) .......................................................................................................................................................... 17
30. DAVIS BACON ACT REQUIItEMENTS (MAY 2009) .......................................................................... 17
31. HISTORIC PRESERVATION .................................................................................................................. 25
ATTACHMENT 1 -INTELLECTUAL PROPERTY PROVISIONS ............................................................... .26
Not Specified/Other
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS
1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this awazd must be referred to the DOE Awazd Administrator for guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
This awazd/ageement consists of the Grant and Cooperative Ageement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
Intellectual Property Provisions
Project Activity Worksheet(s) are attached. If the Worksheet is for the
Strategy, the grant will be amended to include additional Worksheets as
activities aze approved.
Federal Assistance Reporting Checklist
Budget Pages are attached. For Strategy, the SF-424A is attached, if it was
included in the application. The gant will be amended to include additional
Budget Pages as activities aze approved.
Davis-Bacon Act Wage Determination(s), if applicable. For Strategy
awards, the Wage Determination will be included when activities are
approved.
Special Requirements, if applicable
c. Applicable progam regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of 2007, Public Law 110-140.
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the awazd is for
research and to a university or non-profit, the Reseazch Terms & Conditions and the DOE Agency
Specific Requirements at http://www.nsfgov/bfa/dias/policy/rtc/index.jsp.
e. Application/proposal as approved by DOE.
f National Policy Assurances to Be Incorporated as Awazd Terms in effect on date of awazd at
h~~1/manaeementener¢v gov/business doe/]374.htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are concurrent fora 36-month period as indicated in Item
No. 7 of the Assistance Ageement Face Page.
4. STAGED DISBURSEMENT OF FUNDS
f IIFMARIfED.THISTERMISAPPLIC~IBLE
The total funding allocation for this award is shown in Block 13 of the Assistance Ageement Cover Page.
However, funds will be released according to a staged disbursement schedule. All funds must be expended
within 36 months of the effective date of the award.
Not Specified/Other
083109
[ ] For Energy Efficiency Conservation Strategy (EEGs) Only awazds, funds in the amount of
$ [ ] is released to the Recipient to begin work on the EECS. The approved activities aze listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of the EECS and amendment of the awazd to include the authorized Project Activity
Worksheets.
[ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of additional activities and amendment of the awazd to include the authorized Project
Activity Worksheets.
[ ]Funds in the amount of $ [ ] is released to the Recipient to begin work on administrative duties
pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation,
budgetary items, or similaz issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the awazd.
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
I 1 IFMARKED THISTERMDOESNOTAPPLY-SEEATTACHMENT6
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may
submit requests as frequently as required to meet your needs to disburse funds for the Federal share of
project costs. If feasible, you should time each request so that you receive payment on the same day
that you disburse funds for duect project costs and the proportionate shaze of any allowable induect
costs. If same-day transfers aze not feasible, advance payments must be as close as is administratively
feasible to actual disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that aze available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before
requesting additional cash payments from DOE/NNSA.
d. Payments. All payments aze made by electronic funds transfer to the bank account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARDS.
This awazd is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to
the amount shown on the Agreement Face Page. You aze not obligated to continue performance of the
project beyond the total amount obligated and your pro mta shaze of the project costs, if cost sharing is
requred. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towards meeting the objectives of the awazd.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONLYIF COST SHARING IS INCLUDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government shaze and Recipient shaze of the estimated
Not Specified/Other
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project costs. The Recipient's cost shaze must come from non-Federal sources unless otherwise
allowed by law. By accepting federal funds under this award, you agree that you are liable for your
percentage share of total allowable project casts, on a budget period basis, even if the project is
terminated early or is not funded to its completion. This cost is shared as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/% $/%
No.
001 10/13/2009 $541,300/40% 5797,040/60% $1,338,340
Total Pro'ect
b. If you discover that you maybe unable to provide cost sharing of at least the amount identified in
paragraph a of this article, you should immediately provide written notification to the DOE Awazd
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs,
as well as records of costs to be paid by DOE/NNSA. Such records aze subject to audit.
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOE/NNSA of some or all the funds provided under the award.
8. REBUDGETING AND RECOVERY OF INDII2ECT COSTS
THE APPLICABLE TERMIS MARRED BELOW.
[ ] REBUDGETING AND RECOVERY OF INDII2ECT COSTS -REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEFITS
a. If actual allowable indrect costs and fringe benefits aze less than those budgeted and funded
under the award, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total allowable costs
(i.e., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indrect costs and fringe benefits. DOE will not amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the underrecovery. Such undetrecovery may be
allocated as part of the organization's required cost sharing.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indirect costs aze less than those budgeted and funded under the award, you
may use the difference to pay additional allowable duect costs during the project period. If at
the completion of the awazd the Government's share of total allowable costs (i.e., direct and
indrect), is less than the total costs reimbursed, you must refund the difference.
b. Recipients are expected to manage their indrect costs. DOE will not amend an awazd solely to
provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to
obtain full reimbursement for indirect costs means the recipient must absorb the undetrecovery.
Such underrecovery may be allocated as part of the organization's required cost sharing.
c. The budget for this award includes indirect costs, but does not include fringe benefits.
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other
083109
this project nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. Tn addition, fringe benefit costs shall not be counted as cost shaze unless
approved by the Contracting Officer.
[ x] REBUDGETING AND RECOVERY OF INDIRECT COSTS -INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be chazged to nor reimbursement requested for this project nor shall the fringe and
induect costs from this project be allocated to any other federally sponsored project. In addition,
induect costs or fringe benefits shall not be counted as cost shaze unless approved by the Contracting
Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is Beater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of
meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients aze expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any final administrative costs that are in excess of the designated 10 percent
administrative cost ceiling. 1n addition, the Recipient shall neither count costs in excess of the
administrative cost ceiling as cost shaze, nor allocate such costs to other federally sponsored projects,
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(B), for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of local
government.
11. PRE-AWARD COSTS
APPLICABLE ONLYIF COMPLETED BELOW.
You aze entitled to reimbursement for preawazd costs in the amount of $[ ] for the period from
[MonthDayYeaz] to [MonthDayYeaz] in accordance with your request dated [MonthDayYeaz] if such
costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part
600.
12. USE OF PROGRAM INCOME -ADDITION
If you earn program income during the project period as a result of this awazd, you may add the program
income to the funds committed to the awazd and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewazdship in overseeing the project activities performed under
this awazd. Stewazdship activities include, but aze not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in unusual
Not Specified/Other
083109
circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions; and reviewing technical performance after project completion to ensure that the awazd
objectives have been accomplished.
14. SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplislunents and management control systems and to provide technical assistance, if required. You
must provide, and must require your subawazdees to provide, reasonable access to facilities, office space,
resources, and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
I5. REPORTING REQUII2EMENTS
a. Requirements. The reporting requirements for this awazd are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awazds, may also result in a
debarment action to preclude future awazds by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this award
will be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), unless the
report contains patentable material, protected data, or SBIIt/STTR data. Citations for journal articles
produced under the award will appear on the DOE Energy Citations Database
(www.osti eov/enerevcitations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PIn, limited rights data (proprietary data), classified information,
information subject to export control classification, or other infortnaGon not subject to release.
16. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number [Enter the award number]."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Government nor any agency thereof, nor any of their
employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for
the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed,
or represents that its use would not infringe privately owned rights. Reference herein to any specific
commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring by the United States
Government or any agency thereof The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof."
Not Specified/Other
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17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this awazd.
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award aze provided as an attachment to this
award or are referenced on the Ageement Face Page. A list of all intellectual property provisions may
be found at http://www. cg doe.eov/financial assistance awazds.htm.
b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the award.
The IP Service Providers List is found at
http://www. ce doe•gov/documents/Intellectual Property IPLService Providers for Acquisition.pdf
19. LOBBYING RESTRICTIONS
By accepting funds under this award, you agee that none of the funds obligated on the award shall be
expended, duectly or indirectly, to influence congessional action on any legislation or appropriation
matters pending before Congers, other than to communicate to Members of Congers as described in 18
U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -SENSE OF CONGRESS
It is the sense of the Congers that, to the geatest extent practicable, all equipment and products purchased
with funds made available under this award should be American-made.
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Banlauptcy Act; (ii)
your consent to the institution of an involuntary case under the Banlattptcy Act against you or your
pazent; (iii) the filing of any similar proceeding for or against you or your pazent, or its consent to, the
dissolution, winding-up or readjustment of your debu, appointment of a receiver, conservator, trustee,
or other officer with similar powers over you, under any other applicable state or federal law; or (iv)
your insolvency due to your inability to pay your debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of
an event referenced in paragaph a; (ii) provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right
to conduct a review of your award to determine your compliance with the required elements of the
award (including such items as cost share, progess towards technical project objectives, and
submission of required reports). If the DOE review determines that there aze significant deficiencies or
concerns with your performance under the awazd, DOE reserves the right to impose additional
requirements, as needed, including (i) change your payment method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance awazd by the Contracting Officer.
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
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083109
environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA
clearance or a final NEPA decision regarding this project. Prohibited actions include: Any activities not
included and approved with this application package. This restriction does not preclude you from: Activity
included and approved with this application package. If you move forward with activities that aze not
authorized for federal funding by the DOE Contracting Officer rn advance of the final NEPA decision, you
are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost
shaze.
If this award includes constmction activities, you must submit an envirotunental evaluation
reporVevaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA
process.
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Govemment shall not be responsible for or
have any obligation to the recipient for (i) Decontamination and/or Decortmtissioning (D&D) of any of the
recipient's facilities, or (ii) any costs which maybe incurred by the recipient in connection with the D&D of
any of its facilities due to the performance of the work under this Agreement, whether said work was
performed prior to or subsequent to the effective date of this Agreement.
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation, environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transpazency, data collection and resources as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS
number (or updating the existing DUNS record), and registering with the Central Contractor Registration
(CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for Recovery Act funds and to ensure those records comply with the requirements of
the Act.
The Government has not fully developed the implementing instmctions of the Recovery Act, particulazly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with all requirements of the
Act. If the recipient believes there is any inconsistency between ARRA requirements and current awazd
terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under
Not Specified/Other
083109
(1) The awazd term and condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
aze produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured
goods. The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project aze from a Parry to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
goods and services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this awazd, except as provided in pazagraphs
(b)(3) and (b)(4) of this section.
(3) The requvemem in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
None
[Awazd official to list applicable excepted materials or indicate "none"]
(4) The award official may add other iron, steel, and manufactured goods to the list in pazagraph
(b)(3) of this section if the Federal Government determinesthat--
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when
the cumulative cost of such material will increase the overall cost of the project by more than
25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the Unuali or
States in sufficient and reasonably available commercial quantities of a satisfactory q ry;
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American
Act.
(1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(4) of this section shall include adequate information for Federal
Government evaluation of the request, including--
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, 4 eof thi~section.
manufactured goods cited in accordance with pazagraph (b)( )
(ii) A request based on unreasonable cost shall include a reasohabdleos ~s sectionmazket and a
completed cost comparison table in the format in paragrap ( )
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
15
Not Specified/Other
083109
obligated for a project far construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
satisfactory explanahon,tthe awazd offic al need not mlake a determination. t does not submit a
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the awazd to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public
interest, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured noa dsbthat least the
official shall adjust the award amount or redistribute budgeted funds, as approp Y
differential established in 2 CFR 176.110(a).
(3) Unless the Federal Govemment determines that an exception to section 1605 of the Recove ~oAct
applies, use of foreign iron, steel, and/or manufactured goods other than desigtated country
steel, and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Include other applicable supporting information.
*Include all delivery costs to the construction site.
2g, WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
20091
16
Not Specified/Other
List name, address, telephone number, email address, and contact for suppliers surveyed. nttacn copy o.
response; if oral, attach summary.
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employe~ta ~croontrac the
and subcontractors on projects funded directly by or assisted in whole or in part by P,h
083109
Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those
prevailing on projects of a character similaz in the locality as determined by the Secretary of Labor in
accordance with subchapter N of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to unplement the Davis-Bacon and related
Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon
contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements,
and loans under the Recovery Act shall ensure that the standazd Davis-Bacon contract clauses found in
29 CFR 5.5(a) are incorporated in any resultant covered contracts that aze in excess of $2,000 for
construction, alteration or repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awazding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agency funding the project. The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
29 FEDERAL AWCARDS AND RECIPIENT RESPONSIBILTT ES FOR INFORMING S OF
SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circulaz A-102 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. OMB Cuculaz A--102 is
available at http://www.whitehouse.gov/omb/circulazs/a102/a102.htm]
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circulaz A--133,
"Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
of Federal Awards (SEFA) and the Data Collection Form (SF--SAC) requved by OMB Circulaz A--
133.OMB Circular A--133 is avaIlable at http://www.whitehouse.gov/omb/circulars/a133/a133.htm1.
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF--SAC by CFDA
number, and inclusion of the prefix "ARRA--" in identifying the name of the Federal program on the
SEFA and as the first chazacters in Item 9d of Part III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subawazd and
at the time of disbursement of funds, the Federal awazd number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
information famished to subrecipients shall distinguish the subawazds of incremental Recovery Act
funds from regular subawazds under the existing program.
d. Recipients agree to require their subrecipients to include on they SEFA information to specifically
identify Recovery Act funding similaz to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA funds as well as oversight by the Federal awazding agencies, Offices of Inspector Genera] and
the Government Accountability Office.
30.
Not Specified/Other 17
DAMS BACON ACT REQUIREMENTS (MAY 2009)
083109
Note: Where necessary to make the context of these articles applicable to this awazd, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the
following definitions.
Recipient means the organization, individual, or other entity that rerovided for thee performance of the
financially accountable for the use of any DOE funds or property p
project, and is legally responsible for carrying out the terms and conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Definrrion.-"Site of the work"-
(1) Means--
(i) The primary site of the work. The physical place or places where the construction called for m
the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is-
(A) Located th the United States; and
(B) Established specifically for the performance of the award or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-
(i) They aze dedicated exc]usively, or nearly so, to performancof the work' as defined inand
(ii) They aze adjacent or virtually adjacent to the "primary 1 ~t of
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)( )(~ )
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool
yazds of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal awazd or project. in addition, fabrication
plane, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, aze not included in the "site of the work" Such permanent, previously established
facilities aze not a part of the "site of the work" even if the operations for a period of time maybe
dedicated exclusively or nearly so, to the performance of a award.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitt~e full amount of wage sand bona
Secretary of Labor under the Copeland Act (29 CFR Part 3)),
fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of site of tthe work, regazdless of
and made a part hereof, or as maybe incorporated for a secondary
any contractual relationship which maybe alleged to exist between the Contractor and such
laborers and mechanics. Any wage determination incorporated for a secondary site of the work
shall be effective from the first day on which work under the award was performed at that site and
shall be incorporated without any adjustment in award price or estimated cost. Laborers employed
by the construction Contractor or construction subcontractor that are transp~ of~Pe work shall be
building or work between the secondary site of the work and the primary
paid in accordance with the wage determination applicable to the primary site of the work.
18
Not Specified/Other
083109
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragreriodebut not le s oftenlthan a laz
contributions made or costs incurred for more than a weekly p
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification maybe compensated at the rate
specified for each classification for the time actually worked therein; provided, that the employer's
payroll records accurately set forth the time spent in each classification in which work is
performed.
(4) The wage determination (including any additional classifications and wage rates conformed under
paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place
where it can be easily seen by the workers.
c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the awazd shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage mte and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed by a classificatron
in the wage determination.
(ii) The classification is utilized in the azea by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standazds Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classthi a Cotntra ctinwage
rate (including the amount designated for fringe benefits, where appropriate), g
Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division
for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subpazagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the
Not SpecifiedlOther 19
083109
classification under this awazd from the fast day on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the awazd for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the am o~ded, that thesSecretarylof Labor has found, upong he
bona fide fringe benefits under a plan or program; p
written request of the Contractor, that the applicable standazds of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a sepazate account assets for the meeting of
obligations under the plan or program.
Rates of Wages
The minimum wages to be paid laborers and mechanics under this awazd involved in performance of work at
the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similaz to the contract work in the pertinent
locality, are included as an attachment to this awazd. These wage rates aze minimum rates and aze not intended
to represent the actual wage rotes that the Contractor may have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of 3 yeazs thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including rotes of contributions or co ~ ant o the d
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)( )(B)
Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under pazagraph (d) of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section I(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee progams, the registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b) (]) The Contractor shall submit weekly for each week in which any awazd work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted h a of this article~lTluanmformation may
of the information required to be maintained under paragrap ( )
be submitted in any fo ode ~a ~Opben chased from theFederal Stock Number 029-005-00014-1)
is available for this pure Y P
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the awazd and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under
pazagraph (a) of this article and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
20
Not Specified/Other
083109
awazd during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that eoi-mi d ible deductions ase tf orth m the Regulations, 291CFR Part
full wages earned, other than p hcable wage rates and fringe
3; and hcable
(...)
m That each laborer uivalents for the lassifi ationlof wo k performed, as specified in the app
benefits or cash eq
wage determination incorporated into the awazd.
(3) The weekly submission of a~pre eeTUirement for submission of the~`Stat ment of Complianceptrequired
Fortn WFI-347 shall satisfy q
by subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the
United States Code.
a h a of this article available
(c) The Contractor or subcontractor shall make the records required under pazagr p
Officer or authorized representatives of the
for inspection, copying, or transcription by the Contracting
Contracting Officer or the Department of Labor. The Co O> ~ °e or the Department of Laborttohinterview
Contracting Officer or representatives of the Contracting
employees during workrtrg hours on the job. If the Of~i~rtmayr afterowritten noticetto the Contracto stake
records or to make them available, the Contractin ension of any further payment. Furthermore, failure to
such action as maybe necessary to cause the susp ounds for debarment
submit the required records upon request or to make such records available maybe gr
action pursuant to 29 CFR 5.12.
Withholding of Funds
The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representativeoo~eL Federalaeazd withthe same Plrmre Contras or, ortany other feder ly assisted award is
awazd or any
subj ect to Davis-Bacon prevailing wage requirements, which is held by the same Prime ontrac or,
be considered necessary to pay laborers and mechanics,
much of the accrued payments or advances as may subcontractor the full
including apprentices, trainees, and helpers, employed by the Contractor or any includin
amount of wages required by the award. In the event of failure to pay any laborer or mechanic, g
any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the awazd, the Contracting Officer may, afuftrtheLewr`a event ladvance, orguazantee of funds untiln
as may be necessary to cause the suspension of any P Yn'
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed- ro am re stered with
(i) Pursuant to and ive rt of Labor, Employmentand TrainingrA tdmtm'straho~Officeof
the U.S. Departm
Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a fate
Apprenticeship Agency recognized by the OATELS; or rentice in such an apprenticeship
n In the first 90 days of probationary employment as an app
(") if certified by the OATELS
program, even though not individually registered in the program,
or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
Not Specified/Other
21
083109
be Beater than the ratio permitted to the Contractor as to the entire work force under the registered
PTOgT~'
a oll at an apprentice wage rate, who is not registered or otherwable
(3) Any worker listed on a p Y'r 1 of this article, shall be paid not less than the app
aza a h (a)O erformed. Tn addition, any apprentice
employed as stated in p gT P shall
ernritted under the registered program
wage determination for the classification of work actual y p
performing work on the job site in excess of the ratio p
be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
construction on a project in a locality other than that m which rts
e rates (expressed in percentages of the journeyman's
(q) Where a contractor is performing ro am shall be observed.
program is registered, the ratios and wag am for the
howly rate) specified in theaid atnot less than the rate specifiedtsin the reg~ ered progr
Every apprentice must be p ercenta a of the journeyman howly rate specified
apprentice's level of progress, expressed asap g
in the applicable wage determination.
(5) PP a benefits in accordance with the provisions of the apprenticeship
am does not specify fringe benefits, apprentices must be paid
A rentices shall be paid (ring
program. If the apprenticeship progr
e benefits listed on the wage determination for the applable a c renfioeanon.
the full amount of fring
If the Administratoedshall b e5aid in accordan erwith that determinationpp P
classification, (ring P
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
renticeship program, the Contactor will no longer be permitted to utilize
hcable predetermined rate for the work performed until an
approval of an app
apprentices at less than the app
acceptable program is approved.
(b) Trainees.
rovided in 29 CFR 5.16, trainees will not be permitted to work at less than e
(1) Except asp aze em to ed pursuant to and individually
predetermined rate for the work performed unless they evidenced by formal certification by
registered in a program which has received prior approval,Administration, Office of
the U.S. Department of Labor, Employment and Traming The ratio of trainees to
Apprenticeship Training Employer, and Labor Servi ee~ Oe Tiurder.the plan approved by
journeymen on the job site shall not be greater than p
OATELS.
(2) Every roved ro am for the
trainee must be paid at not less than the rate specified in the app P
ercentage of the j oumeyman howly rate specified th
trainee's level of progress, expressed as a p e benefits in accordance with the
the applicable wage determination. Trainees shall be paiddfrin not mention fringe benefits, trainees
provisions of the trainee program. If the ttamee prograrn a determination unless the
shall be paid the full amount of frmge benefits listed in the wag renticeship program
Administrator of the Wage and How Division determines that there esdane~ination which
oumeyman wage ate in the wag ee listed on the payroll at a
associated with the corresponding j rentices. Any employ
provides for less than full fringe benefice foi aPthg th a ttaining plan approved by the OATELS
hcable wage ate in the wage determination for the classification
trainee rate who is not registered and p P ob site in excess of
shall be paid not less than the app ttainee erforming work on the J hcable wage
of work actually performed. In addition, any P
the ratio permitted under the registered program shall be paid not less than the app
rate in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contactor will no longer be
permitted to utilize trainees at less than the applicable predetemdned rate for the work performed
until an acceptable program is approved.
22
Not Specified/Other
083109
(d) Equa] employment opportunity. The utilization of apprentices, trainees, and journeymen under this
article shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requrrements of 29 CFR Part 3, which aze hereby incorpornted by
reference in this awazd.
Subcontracts (Labor Standards) es of work done by
(a) Defmition. "Constuction, alteration ~e ~n fiction Contractor or construcriot~ bconrractor on a
laborers and mechanics employed by
particulaz building or work at the site thereof, including without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-
site;
(2) Painting and decorating;
(3) Manufacturing or famishing of materials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragaphs (a)(1)(i) and (ii) of the "site of the work" as deemed in the article entitled Davis Bacon
s deemed part of then ite of the work withm the meaning of Paragraph (2~ °f the asite of work'and
defmition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is constructed, which is part of fi?cal ntlace oheplaces wherentthe m
parngraph (a)(1)(ii) of the Davis-Bacon Act article, and the phy P
building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act article, in the "site of the
work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs
within the United States the articles entitled-
(1) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standads Act -- Overtime Compensation (if the article is
included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standazds);
(8) Contract Termination-Debarment;
(9) Disputes Concerning Labor Standards;
Not Specified/Other
23
083109
(10) Compliance with Davis-Bacon and Related Act Regulations; and
(11)Certifica[ion of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the awazd articles cited in
paragraph (b). Officer a
(d) (1)Within 14 days after issuance of the awazd, the Contractor shall deliver to the Contracting
completed Standazd Form (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the United State me of th~ tarticle have been included in theasubcontra tledgment
that the articles set forth in pazagrap (b)
Within 14 days after the awazd of any subsequently awazded subcontract the Contractor shall deliver to
the Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this article, including this pazagraph (e) ~ all subcontracts
for construction within the United States.
Contract Termination -Debarment
A breach of the awazd articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standazds c --
rentices and Trainees, Payrolls and Basic Records, Compliance with
Overtime Compensation, App Com liance with Davis-Bacon and Related
Copeland Act Requirements, Subcontracts (Labor Sb d ounds for termination of the whole awazd or in
Act Regulations, or Certification of Eligibility may gr
part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
aze hereby incorporated by reference in this awazd.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
disputes concerning labor standards requ earn ~ definedamsl0tCFR 600 22. Disputes w ttim~e meatung of
procedures and not the Disputes and App
agency cthe U.SaDepartme b of Labor, or the emPl Yoeesn r tl'etr r Presentatives. and the conhacting
Certification of Eligibility erson or
(a) By entering into this awazd, the Contractor certifies that neither it (nor he or she) nor any p
Go ernmentsawazds by virtue ofosectiono3(a) of the Davis BaconACt orr29 CFR Se12(a)(1).
(b) No part of this awazd shall be subcontracted to any person or firm ineligible for awazd of a
Government awazd by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work
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083109
under this awazd must be submitted for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination
included in the awazd. Any amount Paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the
from the obligation to pay employees at the required overtime rn es fo rtany overtimoe actually worked.azed
31. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOE's 20091etter of delegation of authority regazding the NHPA. Section 106 applies to historic properties
that aze listed in or eligible for listing in the National Register of Historic Places. In order to fulfdl the
requirements of Section 106, the Recipient must contact the State Htoto 0o dcmate the SecOtione106 revOw
and, if applicable, the Tribal Historic Preservation Officer (THPO),
outlined in 36 CFR Part 800. SHPO contact information is available at the following link:
httn //www ncshoo ore/find/index.htm. TFiPO contact information is available at the following link:
-----~-
htto~//ww~n?thoo oror°~man.html.
of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
Section I10(k)
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be awaze that the DOE Contracting Officer will consider compliance with Section 106 of
NAPA complete only after the Recipient has submitted adequate background documentation to the
SHPO/T'I~O for its review, and the SIIPO/TIiPO has provided written concurrence to the Recipient that it
does not object to its Section 106 fording or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
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083109
ATTACHMENT 1-INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Nonprofit organizations aze subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d).
All other organizations aze subject to the intellectual property requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership
was purchased, under an awazd. DOE reserves aroyalty-free, nonexclusive and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes, and to authorize others to do so.
(c) DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data fast produced under an awazd; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(d) In addition, in response to a Freedom of Information act (FOIA) request for reseazch data relating to
published reseazch fmdings produced under an awazd that were used by the Federal Government in developing
an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA. If the DOE obtains the reseazch data solely in response to a FOIA
request, the agency may chazge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C.
552(a)(4)(A)).
Not Specified/Other 26