HomeMy WebLinkAbout09- US Dept. of Energy Recovery Act Energy Efficiency and Conservation Block Grant Program Notice of Award Rev 2
081709
U.S. Department of Energy (DOE)
Notice of Award Signature Page
Recipient Name: Bozeman, MT
Instrument No: DE- RW0000084
Amendment No: 000
Award Date: I See Block 3 of Assistance Agreement
Signing below indicates acceptance of the Terms and Conditions in the
Award Instrument listed above.
Typed Name: Chris Kukulski
Title: Bozeman City Manager
Signature:
Signature Date:
Phone Number: (406) 582 -2306
Email address: ckukulski@bozeman.net
Please return this 'Notice of Award Signature Page' to the DOE Office of Civilian RW Mgmt., in
accordance with the instructions detailed below.
1. Log in to FedConnect
2. Go to the Award summary page
3. Click the New button on the message center
4. Write your new message and attach signed version (.pdf) of `Notice of Award Signature Page'
5. Click Send
For assistance with the FedConnect system, please contact the FedConnect Helpdesk at
sucoort@fedconnect.net
If you are unable to return a signed version (.pdf) of the 'Notice of Award Signature Page' via
FedConnect, please contact your Agreement Administrator for further instructions (reference
Block 15. of the Grant and Cooperative Agreement form for contact information).
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No.
DE- RW0000084 09/22/2009 81.128
5. Awarded To 6. Sponsoring Office 7. Period of Performance
CITY OF BOZEMAN EERE (FORS) 09/22/2009
Attn: LAURAE CLARK U.S. Department of Energy through
121 N ROUSE AVENUE Office of Energy 9/21/2012
gy Efficiency Renewable
BOZEMAN MT 597154715 Forrestal Building
1000 Independence Avenue, SW
Washington DC 20585
8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No.
❑X Grant 31 USC 6304 09RW000389
Cooperative Agreement 10 USC 2358
Other
11. Remittance Address 12. Total Amount 13. Funds Obligated
CITY OF BOZEMAN Govt. Share: $175,500.00 This action: $175,500.00
Attn: LAURAE CLARK Cost Share $0.00 Total $175,500.00
121 N ROUSE AVENUE Total $175,500.00
BOZEMAN MT 597154715
14. Principal Investigator 15. Program Manager 16, Administrator
Gene E. Runkle RW
Phone: 202 586 -6973 US Department of Energy
Office of Civilian RW Mgmt
1551 Hillshire Drive
Las Vegas NV 89134
17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To
Payment Direct Payment
from U.S. Dept of Treasury
20. Accounting and Appropriation Data
TAS::89- 09/10- 0331::TAS Recovery
21. Research Title and /or Description of Project
RECOVERY ACT ENERGY EFFICIENCY CONSERVATION BLOCK GRANT PROGRAM
For the Recipient For the United States of America
22. Signature of Person Authipirized to Sign 25. Signature of Grants /Agreements Officer
r
23. Name and tle 24. Date Signed 26. Name of Officer 27. Date Signed
Chris Kukulski 10/6/2009 Spencer R. Peterson 09/22/2009
NOT SPECIFIED /OTHER
NOT SPECIFIED /OTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET IDE-RWO000084 2 I 2
NAME OF OFFEROR OR CONTRACTOR
CITY OF BOZEMAN
ITEM NO. SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
DUNS Number: 083705293
Recovery Energy Efficiency and Conservation Block
Grant. Program
Period of Performance: September 22, 2009
through September 21, 2012
QA: N/A
Bozeman, MT
Requisition: 09RW000389
New Financial Assistance Award
Contract Specialist: Sharon Hamer
Contracting Officer: Spencer Peterson
ASAP: Yes Extent Competed: COMPETED
Delivery Location Code: 02801
RW
US Department of Energy
Office of Civilian RW Mgmt
1551 Hillshire Drive
Las Vegas NV 89134
Mark For:
RW
US Department of Energy
Office of Civilian RW Mgmt
1551 Hillshire Drive
Las Vegas NV 89134
Payment:
Payment Direct Payment
from U.S. Dept of Treasury
Fund: 05796 Appr Year: 2009 Allottee: 01 Report
Entity: 100298 Object Class: 41020 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAS Account: 0331
July 2004
NOT SPECIFIED /OTHER
Not Specified/Other Page I
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM FORMULA GRANTS 2
FA- TC -0001A RESOLUTION OF CONFLICTING CONDITIONS 2
FA- TC -0001B AWARD AGREEMENT TERMS AND CONDITIONS 2
FA- TC -0001C AWARD PROJECT PERIOD AND BUDGET PERIODS 2
FA -TC- 0003.1 PAYMENT PROCEDURES ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM 2
FA -TC- 0007.1 REBUDGETING AND RECOVERY OF INDIRECT COSTS REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS 3
FA -TC -0008 PRE -AWARD COSTS 3
FA -TC- 0009.1 USE OF PROGRAM INCOME ADDITION 3
FA -TC -0010 STATEMENT OF FEDERAL STEWARDSHIP 3
FA -TC -0012 SITE VISITS 3
FA -TC -0013 REPORTING REQUIREMENTS 3
FA -TC -0014 PUBLICATIONS 4
FA -TC -0015 FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 4
FA -TC -0016 INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION.. 4
FA -TC -0017 NATIONAL SECURITY: CLASSIFIABLE RESULTS ORIGINATING UNDER AN
AWARD......................................................................................................................... 4
FA -TC -0019 LOBBYING RESTRICTIONS 5
FA -TC -0020 NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT
AND PRODUCTS SENSE OF CONGRESS 5
FA -TC -0028 INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 5
FA -TC -0033 DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS 6
FA -TC -0034 SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 6
FA -TC -0035 REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT 9
FA -TC -0036 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 10
FA -TC -0038 WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT.............................................................................................................................. 12
FA -TC -0039 RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR
INFORMING SUBRECIPIENTS 12
FA -TC -0050 DAVIS BACON ACT REQUIREMENTS 13
FA- TC -XXXX HISTORIC PRESERVATION 20
(This is applicable to the grantee if this block is checked) 20
FA- TC -XXXX ENERGY EFFICIENCY AND CONSERVATION STRATEGY 20
(This is applicable to the grantee if this block is checked) 20
Not Specified/Other
Not Specified/Other Page 2
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM FORMULA GRANTS
FA- TC -0001A RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the DOE Award Administrator for guidance.
FA- TC -0001B AWARD AGREEMENT TERMS AND CONDITIONS
This award /agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
1 Intellectual Property Provisions
2 Project Activity Worksheet(s)
3 Federal Assistance Reporting Checklist
4 Davis Bacon Wage Determination
C. Applicable program regulations Title V, Subtitle E. of the Energy Independence and Security Act
(EISA
of 2007 funded by the American Recovery and Reinvestment Act „of,2009, Public Law 111 -5,
(Recovery Act or AptL
d. DOE Assistance Regulations, 10 CFR Part 600 at http: /eefr.gpoaccess.gov and if the award is for
research and to a university or non profit, the Research Terms Conditions and the DOE Agency Specific
Requirements at http: /www.nsf.gov/bfa/dias /policy /rtc /index.jsp.
e. Application/proposal as approved by DOE.
f National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
http: /management.energy.gov /business doe /1374.htm.
FA- TC -0001C AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project Period for this award is 36 months from the date of award.
FA -TC- 0003.1 PAYMENT PROCEDURES ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
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 direct project costs and the proportionate share of any allowable indirect costs. If
same -day transfers are 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 are 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 are 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.
Not Specified/Other
Not Specified/Other Page 3
FA- TC- 0007.1 REBUDGETING AND RECOVERY OF INDIRECT COSTS REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs are 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 and indirect), is less
than the total costs reimbursed, you must refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an award 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 underrecovery. Such underrecovery
may be allocated as part of the organization's required cost sharing.
FA -TC -0008 PRE -AWARD COSTS
You are entitled to reimbursement for costs incurred on or after [MonthDayYear], as authorized by the pre
award costs letter dated [Date of Approval Letter], if such costs are allowable in accordance with the
applicable Federal cost principles referenced in 10 CFR Part 600.
FA -TC- 0009.1 USE OF PROGRAM INCOME ADDITION
If you earn program income during the project period as a result of this award, you may add the program
income to the funds committed to the award and use it to further eligible project objectives.
FA -TC -0010 STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under
this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in unusual
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 award
objectives have been accomplished.
FA -TC -0012 SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You
must provide, and must require your subawardees 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.
FA -TC -001.3 REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award 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 awards, may also result in a debarment action to
preclude future awards 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 SBIR/STTR data. Citations for journal articles
Not Specified/Other
Not Specified/Other Page 4
produced under the award will appear on the DOE Energy Citations Database
(www.osti.gov/energycitations).
C. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PII), limited rights data (proprietary data), classified information,
information subject to export control classification, or other information not subject to release.
FA -TC -0014 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 (See block 1 of Assistance Agreement).
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."
FA -TC -0015 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 award.
FA -TC -0016 INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an attachment to this
award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may be
found at http: /www.gc. doe. gov /financial_assistance_awards.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.gc. doe. gov /documents/ Intellectual_ Property_(IP)_Service Providers_for Acquisition.pdf
FA -TC -0017 NATIONAL SECURITY: CLASSIFIABLE RESULTS ORIGINATING UNDER AN
AWARD
a. This award is intended for unclassified, publicly releasable research. You will not be granted
access to classified information. DOE/NNSA does not expect that the results of the research project will
involve classified information. Under certain circumstances, however, a classification review of
information originated under the award may be required. The Department may review research work
generated under this award at any time to determine if it requires classification.
b. Executive Order 12958 (60 Fed. Reg. 19,825 (1995)) states that basic scientific research
information not clearly related to the national security shall not be classified. Nevertheless, some
information concerning (among other things) scientific, technological, or economic matters relating to
Not Specified/Other
Not Specified/Other Page 5
national security or cryptology may require classification. If you originate information during the course of
this award that you believe requires classification, you must promptly:
I Notify the DOE Project Officer and the DOE Award Administrator;
2. Submit the information by registered mail directly to the Director, Office of
Classification and Information Control, SO -10.2; U.S. Department of Energy; P.O. Box A; Germantown,
MD 20875 -0963, for classification review.
3. Restrict access to the information to the maximum extent possible until you are informed
that the information is not classified, but no longer than 30 days after receipt by the Director, Office of
Classification and Information Control.
C. If you originate information concerning the production or utilization of special nuclear material
(i.e., plutonium, uranium enriched in the isotope 233 or 235, and any other material so determined under
section 51 of the Atomic Energy Act) or nuclear energy, you must:
1. Notify the DOE Project Officer and the DOE Award Administrator;
2. Submit the information by registered mail directly to the Director, Office of
Classification and Information Control, SO -10.2; U.S. Department of Energy; P. O. Box A; Germantown,
MD 20875 -0963 for classification review within 180 days of the date the recipient first discovers or first
has reason to believe that the information is useful in such production or utilization; and
3. Restrict access to the information to the maximum extent possible until you are informed
that the information is not classified, but no longer than 90 days after receipt by the Director, Office of
Classification and Information Control.
d. If DOE. determines any of the information requires classification, you agree that the Government
may terminate the award by mutual agreement in accordance with 10 CFR 600.25(d). All material deemed
to be classified must be forwarded to the DOE, in a manner specified by DOE.
e. If DOE does not respond within the specified time periods, you are under no further obligation to
restrict access to the information.
FA -TC -0019 LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to Members of Congress as described in 18
U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
FA -TC -0020 NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT
AND PRODUCTS SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American-made.
FA -TC -0028 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 Bankruptcy Act; (ii)
your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent;
(iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the dissolution,
winding -up or readjustment of your debts, 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
Not Specified/Other
i
Not Specified /Other Page fi
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 paragraph 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, progress towards technical project objectives, and submission of
required reports). If the DOE review determines that there are significant deficiencies or concerns with
your performance under the award, 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 award by the Contracting Officer.
FA -TC -0033 DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or
have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D &D) of any of the
recipient's facilities, or (ii) any costs which may be 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.
FA -TC -0034 SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 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, transparency, 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 instructions of the Recovery Act, particularly
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 award
terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.
Not Specified/Other
Not Specified/Other Page 7
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under
the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5. Covered Funds will have special
accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or T1A
and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30,
2015.
Non Federal employer means any employer with respect to covered funds —the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an
employer; and any professional membership organization, certification of other professional body, any
agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the funds and any contractor or subcontractor
receiving the funds and any contractor or subcontractor of the State or local government; and does not
mean any department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government
(including Recovery Act funds received through grant, loan, or contract) other than an individual and
includes a State that receives Recove ry Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be
commingled with any other funds or used for a purpose other than that of making payments for costs
allowable for Recovery Act projects.
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and Reinvestment
Act of 2009, Pub, L, 111 -5, may be used by any State or local government, or any private entity, for any
casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub.
L. 111 -5, any representative of an appropriate inspector general appointed under section 3 or 8G of the
Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or
any State or local agency administering such contract that pertain to, and involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
E. Publication
Not Specified/Other
Not Specified/Other Page 8
An application may contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be protected
and mark the cover sheet of the application with the following Notice as well as referring to the Notice on
each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages of this application have been submitted in confidence and contain trade
secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes,
provided that if this applicant receives an award as a result of or in connection with the submission of this
application, DOE shall have the right to use or disclose the data here to the extent provided in the award.
This restriction does not limit the Government's right to use or disclose data obtained without restriction
from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recoyerygov maintained by the Accountability and Transparency Board. The Board may exclude
posting contractual or other information on the website on a case -by -case basis when necessary to protect
national security or to protect information that is not subject to disclosure under sections 552 and 552a of
title 5, United States Code.
F. Protecting State and Local Government and Contractor Whist1eb_1Qwers.
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee of any non- Federal employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary
course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a
person with supervisory authority over the employee (or other person working for the employer who has
the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal
agency, or their representatives) information that the employee believes is evidence of:
gross mismanagement of an agency contract or grant relating to covered funds;
a gross waste of covered funds
a substantial and specific danger to public health or safety related to the implementation or use of
covered funds;
an abuse of authority related to the implementation or use of covered funds; or
a violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the
head of the agency shall determine whether there is sufficient basis to conclude that the non Federal
employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order
denying relief in whole or in part or shall take one or more of the following actions:
Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the reprisal,
together with compensation including back pay, compensatory damages, employment benefits,
and other terms and conditions of employment that would apply to the person in that position if
the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the aggregate amount of all costs
and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred
by the employee for or in connection with, bringing the complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as
Not Specified/Other
Not Specified/Other Page 9
provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by
this section may not be waived by any agreement, policy, form, or condition of employment, including any
redis ute arbitration agreement. No redis ute arbitration agreement reement shall be valid or enforceable if it p g p p g
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of
2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this section and prescribed language
for the notices.).
G. Request for Reimbursement
Reserved
H. False Claims Act
Recipient and sub recipients shall promptly refer to the DOE or other appropriate Inspector General any
credible evidence that a principal, employee, agent, contractor, sub grantee, subcontractor or other person
has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds.
I. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the Recovery
Act including such items as timecards and invoices. Recipient shall provide copies of backup
documentation at the request of the Contracting Officer or designee.
J. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of
costs for 36 months from date of award.
K. Reserved
L. Certifications
With respect to funds made available to State or local governments for infrastructure investments under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, the Governor, mayor, or other chief
executive, as appropriate, certified by acceptance of this award that the infrastructure investment has
received the full review and vetting required by law and that the chief executive accepts responsibility that
the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total cost, and the
amount of covered funds to be used for posting on the Internet. A State or local agency may not receive
infrastructure investment funding from funds made available by the Act unless this certification is made
and posted.
FA -TC -0035 REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act
funds provided through this award. Information from these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
Not Specified/Other
Not Specified/Other Page 10
(c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor
Registration (http: /www.ccr.gov) at all times during which they have active federal awards funded with
Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http: /www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the
reporting instructions and data elements that will be provided online at http: /www.FederalReporting.gov
and ensure that any information that is pre filled is corrected or updated as needed.
FA -TC -0036 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009
(a) Definitions. As used in this award term and condition-
(1) Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the properties of
the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi- State, regional, or interstate entities which
have governmental functions). These buildings and works may include, without limitation, bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy
generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111 -5), by requiring that all iron, steel,
and manufactured goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
NONE
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2)
of this section and condition if the Federal Government determines that-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of
such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the
Not Specified/Other
i
Not Specified /Other Page I I
public interest.
v i
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act (l x) i Any recipient
request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) 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, steel, and/or manufactured goods cited in
accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed
cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material 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 obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not
reasonably foresee the need for such determination and could not have requested the determination before
the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need
not make a determination.
(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 award 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 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 goods, the
award official shall adjust the award amount or redistribute budgeted funds by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and /or manufactured goods is noncompliant with section 1605 of the
American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the Recipient shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of measure QuantityCost
(dollars)*
Not Specified/Other
Not Specified/Other Page 12
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
FA -TC -0038 WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV 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 implement 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 standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are 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 awarding 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.
FA -TC -0039 RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR
INFORMING SUBRECIPIENTS
(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 Circular A
102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular A -102 is available at
littp://www.whitehouse.gov/omb/circulars/al 02/al02.html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular 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) required by OMB Circular A -133.
OMB Circular A--133 is available at http: /www.whitehouse.gov /omb /circulars /al33 /al33.htrnl. 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 characters 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 subaward and
at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished
to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards
under the existing program.
Not Specified/Other
Not Specified/Other Page 13
(d) Recipients agree to require their subrecipients to include on their SEFA information to specifically
identify Recovery Act funding similar 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 awarding agencies, Offices of Inspector General and the Government
Accountability Office.
FA -TC -0050 DAVIS BACON ACT REQUIREMENTS
Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shall mean "Subreci lent or Subcontractor" per the
P P
following definitions.
Recipient means the organization, individual, or other entity that receives an award from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
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) Definition. "Site of the work"
(1) Means-
(i) The primary site of the work. The physical place or places where the construction called for in 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 in 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 are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph
(a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards
of a Contractor or subcontractor whose locations and continuance in operation are determined wholly
without regard to a particular Federal award or project. In addition, fabrication plants, 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, are not included in the "site
of the work." Such permanent, previously established facilities are not a part of the "site of the work" even
if the operations for a period of time may be 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 permitted by regulations issued by the Secretary of Labor
Not Specified/Other
Not Specified/Other Page 14
under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona 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 Labor which is attached hereto and made a part hereof, or as may be
incorporated for a secondary site of the work, regardless of any contractual relationship which may be
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
transporting portions of the building or work between the secondary site of the work and the primary site of
the work shall be paid in accordance with the wage determination applicable to the primary site of the
work.
(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 paragraph (e) of this article; also, regular contributions made or
costs incurred for more than a weekly period (but not less often than 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 may be 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 award shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an additional classification and wage
rate 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 classification in the
wage determination.
(ii) The classification is utilized in the area 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 Standards 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.
Not Specified/Other
Not Specified/Other Page 15
(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 classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting 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 subparagraphs
(c)(2) and (c)(3) of this article shall be paid to all workers performing work in the classification under this
award from the first day on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the award 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 amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate 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 award 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 similar to the contract work in the pertinent
locality, are included as an attachment to this award. These wage rates are minimum rates and are not
intended to represent the actual wage rates 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 years 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 rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under paragraph (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 1(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 programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b)(1) The Contractor shall submit weekly for each week in which any award work is performed a copy of
all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of
the information required to be maintained under paragraph (a) of this article. This information may be
submitted in any form desired. Optional Form WH -347 (Federal Stock Number 029 -005- 00014 -1) is
available for this purpose and may be purchased from the
Not Specified/Other
Not Specified/Other Page 16
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
award and shall certify
(i) That the payroll for the payroll period contains the information required to be maintained under
paragraph (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 award
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits
or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the award.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required 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.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article
available for inspection, copying, or transcription by the Contracting Officer or authorized representatives
of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit required
records or to make them available, the Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for debarment
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
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
award or any other Federal award with the same Prime Contractor, or any other federally assisted award
subject to Davis -Bacon prevailing wage requirements, which is held by the same Prime Contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the award. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the award, the Contracting Officer may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
Not Specified/Other
Not Specified/Other Page 17
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they performed
when they are employed
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services OATELS) or with a State Apprenticeship Agency recognized by the
OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program,
even though not individually registered in the program, if certified by the OATELS 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 be
greater than the ratio permitted to the Contractor as to the entire work force under the registered program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated in paragraph (a)(l) of this article, shall be paid not less than the applicable wage determination for
the classification of work actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(4) Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval
of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer, and Labor Services OATELS). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
in the wage determination which provides for less than full fringe benefits for apprentices. Any employee
listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by
the OATELS shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess
Not Specified/Other
Not Specified /Other Page 18
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in
the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(c) Equal 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 requirements of 29 CFR Part 3, which are hereby incorporated by
reference in this award.
Subcontracts (Labor Standards)
(a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or construction subcontractor on a
particular 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 furnishing 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 paragraphs
(a)(1)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon Act of this award,
and a facility which is dedicated to the construction of the building or work and is deemed part of the site of
the work within the meaning of paragraph (2) of the "site of work" definition; 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 the "site of the work" definition in paragraph
(a)(1)(ii) of the Davis -Bacon Act article, and the physical place or places where the 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 Standards 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 Standards);
(8) Contract Termination Debarment;
Not Specified/Other
Not Specified/Other Page 19
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis -Bacon and Related Act Regulations; and
(11) Certification 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 award articles cited in
paragraph (b).
(d)(1) Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the United States, including the subcontractor's signed and dated acknowledgment that
the articles set forth in paragraph (b) of this article have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded 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 paragraph (e) in all subcontracts
for construction within the United States.
Contract Termination Debarment
A breach of the award articles entitled Davis -Bacon Act, Contract Work Hours and Safety Standards Act
Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis -Bacon and Related
Act Regulations, or Certification of Eligibility may be grounds for termination of the whole award or in
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
are hereby incorporated by reference in this award.
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 requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award of a Government
award 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
under this award must be submitted for approval in writing by the head of the contracting activity or a
Not Specified/Other
0 0
Not Specified/Other Page 20
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 award. 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
Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
FA- TC -XXXX HISTORIC PRESERVATION
(This is applicable to the grantee if this block is checked)
X 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 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic
properties that are listed in or eligible for listing in the National Register of Historic Places. In order to
fulfill the requirements of Section 106, the recipient must contact the State Historic Preservation Officer
(SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106
review outlined in 36 CFR Part 800. SHPO contact information is available at the following link:
htt p: /www.ncshpo.org/fmd/index.htm THPO contact information is available at the following link:
http: /www.nathl2o.org/map.html
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with
Section 106 of the NHPA only after the Recipient has submitted adequate background documentation to the
SHPO /THPO for its review, and the SHPO /THPO has provided written concurrence to the Recipient that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
FA- TC -XXXX ENERGY EFFICIENCY AND CONSERVATION STRATEGY
(This is applicable to the grantee if this block is checked)
Funding Opportunity Notice DE -FOA- 0000013 (FOA) requires units of local governments to submit
a proposed Energy Efficiency and Conservation Strategy (EECS). The first activity identified on the
EEECBS Activity Worksheet which was submitted with your application was to develop the EELS. Your
strategy must follow Attachment D in the FOA. Your strategy is due no later than 120 days after the
effective date of the award identified in Block 3 of the Assistance Agreement. Please submit your Strategy
to the Contracting Officer identified in the award and submit to the address in Block 16 of the Assistance
Agreement. In addition, along with the EECS, the following must be submitted, as applicable.
Any additional Project Activities along with the Project Activity Worksheets
SF 424A
Budget Justification
Davis Bacon Wage Assurance
Environmental Questionnaire (one for each new project activity)
Forms and instructions to fill them out are available in the FOA DE- FOA- 000013
Email the Strategy Plan to:
Original To: Name of Project Officer, mailing address and email address
Copy To: Name of Contracting Officer, mailing address and email address
Not Specified/Other
0
QA: N/A
ATTACHMENT 1 INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD -1003)
Nonresearch and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and
(d). All other organizations are 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 award. DOE reserves a royalty-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 first produced under an award; 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 research data relating
to published research findings produced under an award 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 research data
solely in response to a FOIA request, the agency may charge 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)).
0 0
EECBG Activity Worksheet
Grantee: Date: f i /2 0 n q
DUNS* Program Contact Email:
Program Contact First Name: Last Name: "Y"I
Project Title:
Activity:
I Other
Sector: L I1A ic If Other:
Proposed Number of Jobs Created; Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: ',242,QO'J,000 Btu /year
Proposed GHG Emissions Reduced (CCQ Equivalents).
Proposed Funds Leveraged: f,2
Proposed EECBG Budget:
Projected Costs Min Budget: Administration: J 00 Revolving Loans: Subgrants:
Project Contact First Name: Last Name: Email:
Metric Activity: huiL�iiylq Ret---ti'i7 2 If0ther h-Lli�dia�i R(oz..Lt"LILZ,
Project Summary: (limit summary to space provided)
i. Project Description: The City of 8=qman proposes investing 5131,625 or 75 percent of the ucw
allocation into energy efficiency retrofits in public buildings. Our •006 municipal greenhouse gas
inventory indicates that 39 percent of our CO2 emissions are generated through public buildings, which
is the single greatest source of emissions in our community. The City of Bozeman adopted a Municipal
Climate Action Plan in August, 2008, The Plan details 40 strategies to reduce our emissions. One of
these strategies recommends we retrofit City buildings to LEED standards or equivalent. We believe
targeting this priority will most significantly reduce emissions within City operations.
TI. Fonds heveragod! we will leverage EECBG Loading with out local. utility's gas zind iuiectzlc rebates
for energy efficient retrofits. Rebates are based on the projected energy saved, but typically ieLurn
10 to 20 percent of the total investment. We expect to receive nt !cast $21,000 in rehnrcv- Thpqr
rebates will be returned to an Energy Fund, which will be used to f a dditi ona l en0TqY effi&elt y
yetvVits QT greenhouse gas vednwLiov strategies,
III. Action items: we are in tLu process of identifying the most cost-effnQtive energy etficinut
retrofits within ten eligible public buildings, which includes: Beal Park, City Hall, Fire Statioin 1
2, Library, Lindley Park, Parking Garage, Professional Building, Senior Center, and Shop uompipx- Wn
developed a Facilities Conditi inventory, which highlights retrofit opportunities that would save
energy and reduce emission To tutLher refine this list, we are working with the local utility, North
Western Energy, in concert with the National Center for Appropriate Technology to procure frvr
advanced energy audits for out facilities. The audits were recently completed and we are reviewing cur
audit report, which prioritizes projects based on payback and energy savings, We plan to invest the
allocation into lightinq retrofit technologies, occupancy sensors, and energy eificient furnaces. wr:�
will prioritize proj with a return on investment of lest than ten years.
Retired bulbs would be oat to Mercury Waste Solutions in Union Grove, WT. This EPA regulated tacility
offers industxy leading capacity and comprehensive, state-ot -Lho-art mercury retort services. They
recover Mercury from contaminated products, devices, and debris. Light bulbs would be. Lsan,-;polte-d it!
the manufacturer's bo via licensed hazardous waste carrier:;. Approximately 1,6UD waste bulbs would
be generated from this project. The waste bulbs would be stared in the manufact.viarfs box in a lackod
storage room prior to delivery to Mercury Waste Solutions. Retired furnaces will he taken to Pacific
Steel and Recycling in Bozeman, MT. This northwestern based company accepts gas and electric iuinawes
For recycling.
LV. Outreach /Education Efforts; Gas and electric usage is monitored for each building, thus we will he
able to verify energy savings when retrofits are completed. These reports will ba available on line
and highlighted a EECSG projects. Results will be reported to the Commission and to the public dorinq
Kimatn action outreach events.
Our job creation estimatc is based on $50,000 per job, which reflects local pay rates. The invesLmum
will generate 3.og temporary jobs. Based an DOE's Estimated Benefits Calculator, this project will,
save at least 389 tans K CO2 each year.
If you are proposing more than one activity, save this rile as many times as needed with successive page numbers. Fbrexample- *OH-CffY-Columbus-
PmjectActWp&g* I.pdf, "OH-CITY-Columbus-Project Activiry page 2.pdf,"and continue as needed.
EECBG Activity Worksheet
0 2 f Y
Grantee: Date:
DUNS 7r Program Contact Email:
mp�l
Program Contact First Name: Tj Last Name: v
Project Title: J".. nl- sn)al P.rl ry
Act i v it y: Cj, IT
If Other:
Sector: If Other:
Proposed Number of Jobs Created: Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 184,000,000 Rt
0
Proposed GHG Emissions Reduced (CO2 Equivalents):
Proposed Funds Leveraged:
Proposed EECBG Budget; 2
Projected Costs Within Budget: Administration: Revolving Loans: Subgrants:
Project Contact First Name Last Name: Email:
PrWIlle
Metric Activity: If Other:
Project Summary: (limit summary to space provided)
I Pl:ojcct Duucr. ipt ion: We propose to invest a total. of $80,000 for the procurement and installation
of a 10kW photovcIt_aic (PV) array on our newly constructed Bozeman FirL Station #3 Gallatin County
9 -1 1 Communications Center'. The facility will operate 24 hours a day, seven (lays a week, thus base
load energy demand will be high.
Thn City of Bozeman signed the Mayor's Climate Protection Agreement and is cmrimittnd to reducing our
greenhouse gas emissions 15 percent below 2000 levels by 2020. Rapid growth throughout the City and
Ccunl,y requires ever- increasing public services. Consequently, energy demand and emist;ions will
increase without aggressive action. To help mitigate the impact of growth, the City seeks
opportitnitif'L to offset energy usage in now and existing facilities through a combination of energy
efficiency and rc�nf�-wablc� t':nergy. The Fire Station 911 Center is all energy rfficierlt facilit.-Y that
will be equipped with around souicf: heat pumps, which would be complemented by PV. Thc open
eXposuxk- and ahwidallk roof space make it a good candidate for a PV array. The Fa•ilil_y is 1T, r1 r
view of two major sLrecsLs in Bozeman, this wi,171 s( as a highly visible example of cIorqy consciml,,
riove I. ovment
11. Fundo 7,evcragccit We will leverage our block grant funding wiLh Gallatin County's block giazis funds
and we will seek additional support through the local utility. GallaLin County has [:ommittcd Lo
providing 75 percent of the total funding, which reflects their expected proportion of enorqy Use. our
local utility, North Western Energy, will Likely contribute at least $10,000, but, support cannot. he
confirmed until we respond to their universal Systems Benefits RFP available in fall 7009-
].11. Action Items: A certified pV 4 nst.aller will be contracted t.r procure; and install a 10kW PV syf,Lc,-m
through the competitive bid process. Tile project will supplement energy usage, promote renewable
energy, and support PV nianufactLIT and Professional installers,
IV, 01,zt.reach/ Education Efforts: PV energy 'n3tput, will be reported as real -time data on the City of
Bozeman web ;ite. To inform building visitors, an on-sit.c. sign wi.11 describe how t.hr PV array and
ground scarce heat pumps augment the building's energy i1sc. The sign will also acknowledge ,:he
financial sippoit piovided throuyli EECBG.
V. Calculations,: The FFCI3G Estimated BeneiiLs Calculator was used to estimate an annual Gil(; savings of
22 metric tons of ('02. The calculator also suggests this project will create one job, however, baae.d
on the local income, rates, we estimate 1.6 jobs will be created ($50,000/job)
ffyou are proposing more then one adk*, save this rile as many times as needed with successive page numbers. For example: '014-CITY-Columbus-
Project Activity pogo I.pdf,""OH-CITY-Columbus-Project Activity page Zpdf.'and continue as needed.
0 0
EECBG Activity Worksheet
Grantee:
Date:
DUNS Program Contact Email. t2 '(,li�
Program Contact First Name: Na L c,
last Nam
Project Title 14CAAAL 'th A Nos She lt[=.t
A ct i v i ty: 1- 11 T' L I- t r u on
4 Other:
Sector: 'I aL tat ion
If Other:
Proposed Number of Jobs Created: Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable En rgyGenerated; 878 Coal.
Proposed GHG Emissions Reduced (CO2 Equivalents): E, 1i 7,11
Proposed Funds leveraged:
Proposed EECBG Budget;
Projected Costs Within Budget: Administration: Revolving Loans: Subgrants:
Project Contact First Name: Last Name: Email:
Metric Activity: If Other:
Project Summary: (limit summary to space provided)
I- PYOjElCt Description: Thr! City cf 5(:)7( proposes investing $16,07b of LAie FEC13G al Loc�at,iun InLc
bus shelter transit enhancements. Bczeman has experienced tine percent annual growth over the past tell
years and the community struggles wiLh traffic congestion and growing air quality issues. Realizing
that convenient, accessible forms of public, transportation are an integral. part of the soluLion, we
are committed to Further developing our bus routes and supporting infrastructure. This goal is
identified in our adopted Municipal Climate Action Plan. In partnership with the North 7th Urban
Renewal Board, we have identified ail opportunity to leverage resources to enhance public
transportation arld pedestrian accessibility.
Nort,h 7th Avenue is uziL of our primary commercial areas. The goal of North 7th Alit-mlle redevelopmemt. is
to increase accessibility to the stores, restaurants, and rosidences aloiiq North 7th
Avenue by inlpi7oving sidewalk connectivity and installing bus The addition of tiis s}ielters
fits within lh4: focus of a well designed, sate, and accessible pedestrian crossings and sidewalks
within the corridor. By providing a vi.sible ;afe, and comtortable places fol people t,u w,-'Lt, to, the
bus, ridership will be inc.tcsaEed arid vehicle miles traveled wiii be reduced. This was
coi.fiitrlud by the City Uf Sail Antonio, whicli observed a ten percent increase in f(a!Iowiny tlic!
11:Stalhlt'iOT) 01 bFIS shelters (San Antonio Busilless Journal, 2906;. Bus sheltei:L are particularly
important for Bczemarl, where severe winter weather deters riders fc-T.ced to wait it unprotected areas_
In addition, Bozeman's standard dei3ign for bus shelters incorporates solar light-in th the flaelters
Luquire no fossil fuels to operate.
11. Funds leveraged: The City of Bozeman will leverage funds raised through Lhr Nort.1i *fth Urban
Renewal Poardls Tax lncrement Fund and Community Transportation Fiffiancement Fund. The Board will fl,ind
the sidewalk connectivity p:rcjt and one bus shelter along the North '7th corridor Once fuucb; aTf
,itily committed by the Hoard, the city would match their: bus shelter with a !7ec:c)xid
Tri– hctioia Items: Sidewalk improvements and bus shelter iii8tallaticii are expected 1-o b(,� ccmpleted by
January 2011. A r:ltandard design and cost has been established for bus shelter purrhase and
installation, thus procuromc--nt will be streamlined, All materials will be purchased locally.
IV. Out 1'edch/EducaL i oil Efforts: Ridership data is recorded and reported by our local bus. service,
St Tran8port.3rion. These data will. be used to verify that shelters have helped increase
ridership at the two stops. This information will be reported on the city's web site and incturit-d in
climate change reports fnr the Commission and public presentations. An ARRA sign posted on the hiis
shelter would he hicjhly visible to bus patrons.
V; Calculations: Based on local statistics, 'Streamline Transportation estimates that one new qheltF�r
would result in an increase of seven new passengers per day Monday through Friday, or 14 passengers
per day for two shelters for 306 days of operation, which is equivalent to 4,2814 passengers per yeat.
At all average of 4.1 mi per trip, this equals 17.564.4 vehicle mil" reduced per year.. At. 2U Ildles per
yallon and 19.4 pounds UO2 per gallon, this equals 878.22 gallons of fuel per year and 17,037.4'7
pounds of CO2 reduced each year. The lifespan estimate for bus shelters ranges from 10 to 29 years_
Assuming a lb-year life span, the total gallons of fuel saved is estimated at 13,173.3 :gallons of
fuel. Thus, total (702 savings are estimated at 255,0562.02 pounds.
ffyou are proposing more then one actMty, save this rile as many times as needed with successive page numbers. For example. "OH-CITY-Columbus-
Project Activity page 1pdf, `OH- WY- Columbus- Project AcdWty pop 2.pcK'and continue as needed.
EECBG Activity Worksheet
Grantee: Y t F' Date:
c 0-j
DUNS 3 2 Program Contact Email:
Program Contact First Name: Last Name:
Project Title: 7 tu p 1 k Mon j t (I r 111(;
Activity: If Other:
Sector: If Other:
Proposed Number of Jobs Created; Proposed Number of Jobs Retained;
Proposed Energy Saved and/or Renewable Energy Generated:
Proposed GHG Emissions Reduced (CO2 Equivalents):
Proposed Funds Leveraged:
Proposed EECBG Budget:
Projected Costs Within Budget: Administration: Revolving Loans: Subgrants:
Project Contact First Name: Last Name: Email:
Metric Activity: If Other:
Project Summary- (limit summary to space provided)
1. Project Description: We propose to invest a total of $7,800 to employee a part, -Lime, IS month
temporary int.ern to assist with CiiinaLe Action Plan implementation and monitoring, The City of 1sozeman
,signed the Mayor's Climate Protection Agreement and is committed to reducing our greenhouse gas
emissions 15 percent below 2000 I,--v( by 2020. Less than one year ago we adopted a Climate Action
Plan for municipal operations to help us mee-C our reduction goal. In addition, we are currently
developing a Climate Action Plan that will identity GHG reduction strategies for the community
ac large. We. now have the equivalent of one FTE dedicated to implementing, monitoring, aria further
developing oi.ti Climate Action Plan. During the adolescent stages of our Plan, additional assistance
will be critical to the success of our Climate Action Plan. As the program becomes more e.--,tabIiLAied,
less sLaf.t time will be necessary to manage the Climate Action Plan. The intc-ril would focus
specifically en monitoring energy usage, conducting greenhouse qas inventories, and recorlinq -nli:utes
during Climate Act.ion 7'esk Farce meetings.
TT. Funds 1,everaqed: While a cash match for EFCAG funding will nuL he available, we anticipate hiriT,q
a Montana State Univnr�,ity student int erit who will use the project- Lo fulfil' his/hF, uz.dviyiaduatP- (:r
graduate r( ',this will hvip secure high quality assistance with relative mode�;t
compensation. The intern would receive $10 per hour, 10 hours per week, for '18 weeks. Providing
financial compensation to the student will help ensure the intern remains available and rpliahle
t,hroughout. the calendar year.
111. Action Items: we will partner with Montana State. University to identify and select inter(
students_ The inLein will help with the City's greenhouse gas inventory and will assist with
Monitoxing eilel.gy usage in buildings, recycling data, and fleet fuel usage. Monitoring these are=as-'
helps identify and address problems promptly, which minimizes wasteful energy use. The intern will
participate in Climate Task Force meetings, which are planned from Septcmb(�r 2009 to Jar- 2011 Th(2
intern would be responsible for minutes and facilitating communication with Task Force members.
If you are proposing more than one sdW. save this tide as many times as needed with successive page numbers. Far example: "OH
Project Activity page I-pot 1 014 CITY Columbus-Project Activity Zpdf,' and continue as needed.
DOE H 4!00.2 QA:NA
(5109) ATTACHMENT 3
All Other Editions Are Obsolete
U.S. Department of Energy
FEDERAL ASSISTANCE REPORTING CHECKLIST
AND INSTRUCTIONS
1. Identification Number: 2. Program /Project Title:
DE -FOA- 0000013 Recovery Act Energy Efficiency and Conservation Block
Grants Formula Grants
3. Recipient:
Bozeman, MT DE- RW0000084
4. Reporting Requirements: Frequency No. of Copies Addressees
A. MANAGEMENT REPORTING Upload only t copy httos:Uwww_eere-
Progress Report Q to the address in the Dmc.enew.gov /SubmitRepor s.asox
next column at the
Special Status Report interval specified in sharon_hamer @ymp.gov
the previous column.
B. SCIENTIFICrrECHNICAL REPORTING
(Reports /Products must be submitted with appropriate DOE F 241. The
241 forms are available at www.osti.aov /elink
Report/Product Form
httr)://www.osti.goy/elink-2413
Final Scientific/Technical Report DOE F 241.3
Conference papers /proceedings" DOE F 241.3 htto: /lwww.osti.00v /elink -2413
Software /Manual DOE F 241.4 http711www.osti.gov/estsc[241-
Other (see Special Instructions) DOE F 241.3 4pre.isp
Scientific and technical conferences only sharon hamer@ymp.gov
C. FINANCIAL REPORTING htros://www.eere-
SF -425, Federal Financial Report Q, F
Dmc.eneray.aoylSubmitReoorLs. aspx
sharon hamerQymp..gov
D. CLOSEOUT REPORTING
Patent Certification F
Property Certification F hags://wvrw.eere-
p Y amc.enemv.aov /SubmltReDOrts.asax
Other (see Special Instructions)
sharon hamer@ymp,gov
E. OTHER REPORTING
Annual Indirect Cost Proposal A hURj&WfflMj§r§
pmc.energy.gov/SubmitReports.asox
Annual Inventory Report of Federally Owned Property, if any A
Other sharon__hamer@ymp.gov
F. AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING httD://w JaderalreDortinaw
Reporting and Registration Requirements Q
sharon ha mer@ymp. gov
FREQUENCY CODES AND DUE DATES:
A Within 5 calendar days after events or as specified. S- Semiannually; within 30 days after end of reporting period-
F- Final; 90 calendar days after expiration or termination of the award. Q Quarterly; within 30 days after end of the reporting period.
Y Yearly; 90 days after the end of the reporting eriod.
5. Special Instructions. Forms are available at his: /www. eere- Pmc.enerov.00v /forms.aspx
2
Federal Assistance Reporting Instructions (5/09)
A. MANAGEMENT REPORTING
Progress Report
The Progress Report must provide a concise narrative assessment of the status
of work and include the following information and any other information identified
under Special Instructions on the Federal Assistance Reporting Checklist:
1. The DOE award number and name of the recipient.
2. The project title and name of the project director /principal investigator.
3. Date of report and period covered by the report.
4. A comparison of the actual accomplishments with the goals and objectives
established for the period and reasons why the established goals were not
met.
5. A discussion of what was accomplished under these goals during this
reporting period, including major activities, significant results, major findings
or conclusions, key outcomes or other achievements. This section should not
contain any proprietary data or other information not subject to public release.
If such information is important to reporting progress, do not include the
information, but include a note in the report advising the reader to contact the
Principal Investigator or the Project Director for further information.
6. Cost Status. Show approved budget by budget period and actual costs
incurred. If cost sharing is required break out by DOE share, recipient share,
and total costs.
7. Schedule Status. List milestones, anticipated completion dates and actual
completion dates. If you submitted a project management plan with your
application, you must use this plan to report schedule and budget variance.
You may use your own project management system to provide this
information.
8. Any changes in approach or aims and reasons for change. Remember
significant changes to the objectives and scope require prior approval by the
contracting officer.
9. Actual or anticipated problems or delays and actions taken or planned to
resolve them.
10. Any absence or changes of key personnel or changes in consortium /teaming
arrangement.
11. A description of any product produced or technology transfer activities
accomplished during this reporting period, such as:
3
A. Publications (list journal name, volume, issue); conference papers; or
other public releases of results. Attach or send copies of public releases
to the DOE Program Manager identified in Block 15 of the Assistance
Agreement Cover Page.
B. Web site or other Internet sites that reflect the results of this roject.
p 1
C. Networks or collaborations fostered.
D. Technologies/Techniques.
E. Inventions /Patent Applications
F. Other products, such as data or databases, physical collections, audio or
video, software or netware, models, educational aid or curricula,
instruments or equipment.
Special Status Report
The recipient must report the following events by e-mail as soon as possible after
they occur:
1. Developments that have a significant favorable impact on the project.
2. Problems, delays, or adverse conditions which materially impair the
recipient's ability to meet the objectives of the award or which may require
DOE to respond to questions relating to such events from the public The
recipient must report any of the following incidents and include the anticipated
impact and remedial action to be taken to correct or resolve the
problem /condition:
a. Any single fatality or injuries requiring hospitalization of five or more
individuals.
b. Any significant environmental permit violation.
c. Any verbal or written Notice of Violation of any Environmental, Safety,
and Health statutes.
d. Any incident which causes a significant process or hazard control system
failure.
e. Any event which is anticipated to cause a significant schedule slippage or
cost increase.
f. Any damage to Government -owned equipment in excess of $50,000.
g. Any other incident that has the potential for high visibility in the media.
4
0
B. SCIENTIFIC/TECHNICAL REPORTS
Final Scientific/Technical Report
Content The final scientific /technical report must include the following
information and any other information identified under Special Instructions on the
Federal Assistance Reporting Checklist:
1. Identify the DOE award number; name of recipient; project title; name of
project director /principal investigator; and consortium /teaming members.
2. Display prominently on the cover of the report any authorized distribution
limitation notices, such as patentable material or protected data. Reports
delivered without such notices may be deemed to have been furnished with
unlimited rights, and the Government assumes no liability for the disclosure,
use or reproduction of such reports.
3. Provide an executive summary, which includes a discussion of 1) how the
research adds to the understanding of the area investigated; 2) the technical
effectiveness and economic feasibility of the methods or techniques
investigated or demonstrated; or 3) how the project is otherwise of benefit to
the public. The discussion should be a minimum of one paragraph and
written in terms understandable by an educated layman.
4. Provide a comparison of the actual accomplishments with the goals and
objectives of the project.
5. Summarize project activities for the entire period of funding, including original
hypotheses, approaches used, problems encountered and departure from
planned methodology, and an assessment of their impact on the project
results. Include, if applicable, facts, figures, analyses, and assumptions used
during the life of the project to support the conclusions.
6. Identify products developed under the award and technology transfer
activities, such as:
a. Publications (list journal name, volume, issue), conference papers, or
other public releases of results. If not provided previously, attach or send
copies of any public releases to the DOE Program Manager identified in
Block 15 of the Assistance Agreement Cover Page;
b. Web site or other Internet sites that reflect the results of this project;
c. Networks or collaborations fostered;
d. Technologies/Techniques;
e. Inventions /Patent Applications, licensing agreements; and
f. Other products, such as data or databases, physical collections, audio or
5
video, software or netware, models, educational aid or curricula,
instruments or equipment.
7. For projects involving computer modeling, provide the following information
with the final report:
a. Model description, key assumptions, version, source and intended use;
b. Performance criteria for the model related to the intended use;
c. Test results to demonstrate the model performance criteria were met
(e.g.
code verification /validation, sensitivity analyses, history matching with lab
or field data, as appropriate);
d. Theory behind the model, expressed in non mathematical terms;
e. Mathematics to be used, including formulas and calculation methods;
f. Whether or not the theory and mathematical algorithms were peer
reviewed,
and, if so, include a summary of theoretical strengths and weaknesses;
g. Hardware requirements; and
h. Documentation (e.g., users guide, model code).
Electronic Submission The final scientific /technical report must be submitted
electronically -via the DOE Energy Link System (E -Link) accessed at
httl2://www.osti,gov/elink-2413.
Electronic Format Reports must be submitted in the ADOBE PORTABLE
DOCUMENT FORMAT (PDF) and be one integrated PDF file that contains all
text, tables, diagrams, photographs, schematic, graphs, and charts. Materials,
such as prints, videos, and books, that are essential to the report but cannot be
submitted electronically, should be sent to the Contracting Officer at the address
listed in Block 16 of the Assistance Agreement Cover Page.
Submittal Form The report must be accompanied by a completed electronic
version of DOE Form 241.3, "U.S. Department of Energy (DOE), Announcement
of Scientific and Technical Information (STI)." You can complete, upload, and
submit the DOE F.241.3 online via E -Link. You are encouraged not to submit
patentable material or protected data in these reports, but if there is such
material or data in the report, you must: (1) clearly identify patentable or
protected data on each page of the report; (2) identify such material on the cover
of the report; and (3) mark the appropriate block in Section K of the DOE F
241.3. Reports must not contain any limited rights data (proprietary data),
classified information, information subject to export control classification, or other
information not subject to release. Protected data is specific technical data, first
produced in the performance of the award that is protected from public release
for a period of time by the terms of the award agreement.
6
0
Conference Papers /Proceedings
Content The recipient must submit a copy of any conference
papers /proceedings, with the following information: (1) Name of conference; (2)
Location of conference; (3) Date of conference; and (4) Conference sponsor.
Electronic Submission Scientific /technical conference paper /proceedings must
be submitted electronically -via the DOE Energy Link System (E -Link) at
http: /www.osti.gov /elink -2413 Non scientific /technical conference
papers /proceedings must be sent to the URL listed on the Reporting Checklist.
Electronic Format Conference papers /proceedings must be submitted in the
ADOBE PORTABLE DOCUMENT FORMAT (PDF) and be one integrated PDF
file that contains all text, tables, diagrams, photographs, schematic, graphs, and
charts. If the proceedings cannot be submitted electronically, they should be
sent to the DOE Administrator at the address listed in Block 16 of the Assistance
Agreement Cover Page.
Submittal Form. Scientific/technical conference papers /proceedings must be
accompanied by a completed DOE Form 241.3. The form and instructions are
available on E -Link at http: /www.osti.aov /elink -2413 This form is not required
for non scientific or non technical conference papers or proceedings.
Software /Manual
Content. Unless otherwise specified in the award, the following must be
delivered: source code, the executable object code and the minimum support
documentation needed by a competent user to understand and use the software
and to be able to modify the software in subsequent development efforts.
Electronic Submission Submissions may be submitted electronically -via the
DOE Energy Link System (E -Link) at httg: /www.osti.gov /estsc /241- 4pre.msp.
They may also be submitted via regular mail to:
Energy Science and Technology Software Center
P.O. Box 1020
Oak Ridge, TN 37831
Submittal Form. Each software deliverable and its manual must be accompanied
by a completed DOE Form 241.4 "Announcement of U.S. Department of Energy
Computer Software." The form and instructions are available on E -Link at
http
Protected Personally Identifiable Information L Management Reports or
Scientific/Technical Reports must not contain any Protected PII. Pill is any
information about an individual which can be used to distinguish or trace
an individual's identity. Some information that is considered to be PH is
available in public sources such as telephone books, public websites,
university listings, etc. This type of information is considered to be Public
7
Pill and includes, for example, first and last name, address, work telephone
number, e-mail address, home telephone number, and general educational
credentials. In contrast, Protected Pill is defined as an individual's first
name or first initial and last name in combination with any one or more of
types of information, including, but not limited to, social security number,
passport number, credit card numbers, clearances, bank numbers,
biometrics, date and place of birth, mother's maiden name, criminal,
medical and financial records, educational transcripts, etc.
C. FINANCIAL REPORTING
Recipients must complete the SF -425 as identified on the Reporting Checklist in
accordance with the report instructions. A fillable version of the form is available
at httr)://www.whitehouse.aov/omb/cirants/Arants form .as x.
D. CLOSEOUT REPORTS
Final Invention and Patent Report
The recipient must provide a DOE Form 2050.11, "PATENT CERTIFICATION."
This form is available at htt /www.directiv s.doe. ov/ dfs /forms /2050 -11. d
and httg:Hgrants.pr.doe.gov
Property Certification
The recipient must provide the Property Certification, including the required
inventories of non exempt property, located at http: /grants.pr.doe.gov
E. OTHER REPORTING
Annual Indirect Cost Proposal and Reconciliation
Requirement In accordance with the applicable cost principles, the recipient
must submit an annual indirect cost proposal, reconciled to its financial
statements, within six months after the close of the fiscal year, unless the award
is based on a predetermined or fixed indirect rate(s), or a fixed amount for
indirect or facilities and administration (F &A) costs.
Cognizant Agency The recipient must submit its annual indirect cost proposal
directly to the cognizant agency for negotiating and approving indirect costs. If
the DOE awarding office is the cognizant agency, submit the annual indirect cost
proposal to the DOE Administrator at the address listed in Block 16 of the
Assistance Agreement Cover Page.
Annual Inventory of Federally Owned Property
Requirement If at any time during the award the recipient is provided
Government furnished property or acquires property with project funds and the
award specifies that the property vests in the Federal Government (i.e. federally
8
owned property), the recipient must submit an annual inventory of this property to
the DOE Administrator at the address listed in Block 16 of the Assistance
Agreement Cover Page. no later than October 30 of each calendar year, to
cover an annual reporting period ending on the preceding September 30
Content of Inventory The inventory must include a description of the property,
tag number, acquisition date, location of property, and acquisition cost, if
purchased with project funds. The report must list all federally owned property,
including property located at subcontractor's facilities or other locations.
F. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (RECOVERY
ACT) REPORTING
Refer to the award term entitled, Reporting and Registration Requirements, of
the Special Terms and Conditions for Grants and Cooperative Agreements for
details on the reporting requirements under Section 1512 of the Recovery Act.
The reports are due no later than ten calendar days after each calendar quarter
in which the recipient receives the assistance award funded in whole or in part by
the Recovery Act.
9
0 Pagel of 3
General Decision Number: MT080034 06/26/2009 MT34
Superseded General Decision Number: MT20070034
State: Montana
Construction Type: Building
County: Gallatin County in Montana.
BUILD CONSTRUCTION PROJECTS (Does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 02/08/2008
1 06/20/2008
2 08/15/2008
3 06/26/2009
ELECO532 -004 06/01/2009
Rates Fringes
ELECTRICIAN (Excluding Fiber
Optics and HVAC Control
Wiring 26.61 4.75% +9.00
PLUM0041 -005 07/01/2008
Rates Fringes
PLUMBER /PIPEFITTER (Including
HVAC Piping, and Set unit) 28.00 10.75
SUMT1999 -006 02/23/1999
Rates Fringes
CARPENTER (Acoustical
Ceilings only) 15.00 3.50
CARPENTER (Carpenter
including Drywall Hanging and
Form Work; excluding
Acoustical Ceilings and
Cabinets 12.90 3.37
IRONWORKER, REINFORCING 16.01 6.14
Laborer, General 10.91 3.10
PAINTER 14.00
Power Equipment Operator
Loader 16.07 4.07
TRUCK DRIVER
Tandem Dump 16.13 3.87
file://OA05 PD Reference Documents\American Recovery and Reinvestment Act (Stimulu... 9/17/2009
0 0 Page 2 of 3
WELDERS Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii.)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
file: 110: \05 PD Reference Documents\American Recovery and Reinvestment Act (Stimulu... 9/17/2009
0 0 Page 3 of 3
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
file://O: \05 PD Reference Documents\American Recovery and Reinvestment Act (Stimulu... 9/17/2009
DOE EECBG Grant Recipient:
The purpose of this email is to inform you of an amendment that will be forthcoming and will include a
few major changes in the grant requirements. Note The DOE PAGE Quarterly Reporting discussed
below is in addition to your FederalReporting.gov requirements that are due each quarter by the
10"' of the month.
1. The first major change updates the Financial Assistance Reporting Checklist to include a new website
in which to enter your respective reports. When you submit the Fiscal Year 2010, 2" Quarter reports
(Progress Report and Financial Report) in January 2010, the reports must be entered into the DOE
PAGE Reporting System at https: /www.page.energy.jzov If you have not received an invitation to
create a PAGE account yet, please visit the reporting hotline at: page hotline @ee.doe .go_v for
assistance. Also, we encourage you to register to attend the training webinars at
www.page.energy.gov that will help you with the PAGE reporting process.
2. The second change adds the following new Clause FA -RW -0001 Recipient Responsibilities for
Davis Bacon Act to your grant, if applicable. All recipients must comply with Clause FA -RW -0001,
paragraph (1)(viii) in lieu of Clause FA -TC -0050 paragraph (b)(1) Davis Bacon Act Requirement,
Section titled "Payrolls and Basic Records. The main difference between these two clause
requirements is that the recipients will provide certified payrolls only Won DOE request versus on a
weekly basis By adding the Clause FA -RW -001 to your grant, weekly submissions of certified
payrolls are no longer required. The new clause that will be added via a grant amendment is
provided below.
"FA -RW -0001 RECIPIENT RESPONSIBILITIES FOR DAVIS BACON ACT
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records submitted by the
Subrecipients and Contractors at any tier under this Award; (ii) Review all DBA certified payroll records
for compliance with DBA requirements, including applicable DOL wage determinations; (iii) Notify
DOE of any non compliance with DBA requirements by Subrecipients or Contractors at any tier,
including any non compliances identified as the result of reviews performed pursuant to paragraph (ii)
above; (iv) Address any Subrecipients and any Contractor DBA non compliance issues; if DBA non-
compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations
and all relevant information to DOE; (v) Provide DOE with detailed information regarding the resolution
of any DBA non compliance issues; (vi) Perform services in support of DOE investigations of complaints
filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (vii) Perform
audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA
requirements and as requested by the Contracting Officer; and (viii) Provide copies of all records upon
request by DOE or DOL in a timely manner in lieu of the requirement cited in Clause FA-TC -0050,
Section titled "Payrolls and Basic Records," paragraph (b)(1)."
3. The third change adds the following new Clause FA -TC -0055 Recipient Functions to your grant, if
applicable.
"FA -TC -0055 RECIPIENT FUNCTIONS
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:
(a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and
Contractors at any tier under this Award; (b) Review all DBA certified payroll records for compliance
with DBA requirements, including applicable DOL wage determinations; (c) Notify DOE of any non-
compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non
compliances identified as the result of reviews performed pursuant to paragraph (b) above; (d) Address
any Subrecipient and any Contractor DBA non compliance issues; if DBA non compliance issues
cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant
information to DOE; (e) Provide DOE with detailed information regarding the resolution of any DBA
non compliance issues; (f) Perform services in support of DOE investigations of complaints filed
regarding noncompliance by Subrecipients and Contractors with DBA requirements; (g) Perform audit
services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements
and as requested by the Contracting Officer; and (h) Provide copies of all records upon request by
DOE or DOL in a timely manner. (2) All records maintained on behalf of the DOE in accordance with
paragraph (1) above are federal government (DOE) owned records. DOE or an authorized
representative shall be granted access to the records at all times. (3) In the event of, and in response to
any Freedom of Information Act, 5 U.S.C. 552, requests submitted to DOE, Recipient shall provide
such records to DOE within 5 business days of receipt of a request from DOE.
4. The last change adds the following new Clause FA -TC -0052 Davis Bacon Act and Contract Work
Hours and Safety Standards Act to your grant, if applicable.
FA -TC -0052 DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Definitions: For purposes of this article, Davis Bacon Act and Contract Work Hours and Safety
Standards Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with
Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require
compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA)
for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or
local government whose own employees perform the construction) Subrecipients, Contractors and
subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor
shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or
Subrecipients' contractors, subcontractors, and lower -tier subcontractors. "Contractor" does not mean a
unit of State or local government where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial
assistance instruments such as grants, cooperative agreements, technology investment agreements, and
loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements.
"Contract" does not mean a financial assistance instrument with a unit of State or local government where
construction is performed by its own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and
who is responsible for the business management and non program aspects of the financial assistance
process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the
form of a grant, cooperative agreement or technology investment agreement directly from the Federal
Government and is financially accountable for the use of any DOE funds or property, and is legally
responsible for carrying out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of
money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower
tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if
the agreement is called a contract, but does not include the Recipient's procurement of goods and services
to carry out the program nor does it include any form of assistance which is excluded from the definition
of "Award" above.
(7) "Subrecipient" means a non Federal entity that expends Federal funds received from a Recipient to
carry out a Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
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 permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3) the full amount of wages and bona 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 Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor
and such laborers and mechanics.
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 paragraph (a)(1)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be 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. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of this section) 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.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) 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, 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.
(C) 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 classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator 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.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under
this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract 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.
(iv) 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 amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld from the Contractor under this Contract or any other Federal contract with the same prime
contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed
or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the project), all or part of the wages required by the
Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). 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 rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under
29 CFR 5.5(a)(l)(iv) 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 programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a
copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency
is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses
shall not be included on weekly transmittals. Instead the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social
security number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at
http:// www. dol. gov /esa/whd/fonns /wh347instr.htm or its successor site. The prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors
shall maintain the full social security number and current address of each covered worker, and shall
provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the
agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section
for a prime contractor to require a subcontractor to provide addresses and social security numbers to the
prime contractor for its own records, without weekly submission to the sponsoring government agency (or
the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner).
(B) 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 Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under
5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under
5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications 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.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Department
of Energy or the Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If the Contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. Where
a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of
an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of
29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient's
contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through
(10) and such other clauses as the Department of Energy may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the
paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in
29 CPR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference
in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and
mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore
shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor under any such contract or any other Federal contract with
the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor
or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the Contract for all
laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall
contain the name and address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual
wages paid. The records to be maintained under this paragraph shall be made available by the Contractor
or subcontractor for inspection, copying, or transcription by authorized representatives of the Department
of Energy and the Department of Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job."
If you have questions concerning PAGE contact the PAGE Hotline or Peggy F. Sanchez -Bartz at
(702)794 -1352. All other questions may be directed to your respective Project Officer, who is cited on the
first page (Block 15) of your grant award.
Thank you.
Business Policy Branch
DOE RW Procurement Division