HomeMy WebLinkAboutResolution - 2024-R0149 - USDE, Block Grant Funding Award, Equip. Rebate & Voucher Programs - 04/09/2024Resolution No. 2024-R0149
Item No. 6.5.1
Apri19, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock, or his designee, is hereby authorized
and directed to execute for and on behalf of the City of Lubbock, an application to the United
States Department of Energy for an Energy Efficiency and Conservation Block Grant Funding
Award, to include application for reimbursement through Equipment Rebate and Voucher
Programs, and related documents, in connection with the purchase and installation of a chiller
plant at the Lubbock Police Academy, and lighting upgrades at City Community Centers and
other City facilities; and further, said authorization shall include the ratification of acts
heretofore taken by the City of Lubbock Director of Pacilities in connection therewith. Said
Equipment Rebate Voucher Application and EECBG Program Special Terms and Conditions
are attached hereto and incorporated herein for all purposes, and shall be included in the
minutes of the Council.
Passed by the City Council on A�aril 9, 2024
APPROVED AS TO CONTENT:
`� e •
Erik Rejino, Assistant City Manager
APPROVE ' 'O FORM:
Mitchell � ire, First Assistant City Attorney
�.vui�ii�y i ac., �,i�y �c�ic�aiy
Resolution No. 2024-R0149
From: EECBG Vouchers
To: Mark Zavicar
Cc: Brown. Mitch
Subject: U.S. Departrnent of Energy EECBG Program Voucher Appllcation Preapproval
Date: Thursday, February 8, 2024 12:20:51 PM
WARNING: This message was sent from outside the City of Lubbock's email
system.
It could contain harmful attachments or links to harmful web pages.
Dear Mark,
Congratulations! U.S. Department of Energy has approved your Energy Efficiency and Conservation
Block Grant (EECBG) Program Equipment Rebate Voucher application and you can now proceed with
equipment purchase and installation.
If you need additional assistance or have any questions, please contact us at
EECBGVouchers(�icf.com and reference your application number below.
Application Number: IA-0000000334
Thank you,
EECBG Program Voucher Team
U.S. Department of Energy EECBG Program Vouchers � EECBGVouchers(�icf.com �
�oereba [es.my,sit�.�amle�c��vQ���
Resolution No. 2024-R0149
Equipment Rebate Voucher Applicants
2-Statement of Work for Non-tribal Energy Efficiency and Conservation Block Grant
(EECBG) Equipment Rebate Voucher Applicants with a Historic Preservation
Pro rammatic A reementl (PA) Requesting Expedited Reviews for Projects with No
Ground Disturbin¢ Activities
Check applicable boxes. Note-All boxes must be checked to use this statement of work.
��
�•
t represent a non-tribal organization.
lf my organization funds any activities on tribal lands or tribal properties, 1 understand
those activities would be restricted to homes/buildings less than forty-five (45) years old
and without ground disturbance. My organization would contact the DOE Project Officer
for a Historic Prese�valion Worksheet to request a review of activities that are listed below
on tribal homes/buildings forty-five (45) years and older and/or ground disturbing
activities. I understand the DOE NEPA team must review the Historic Preservatiar
Workshee! and notify my DOE Project Officer before 1 may begin initiating activities
reviewed on the Hisloric Prese�•vaflo�t Worksheet.
My organization is proposing no ground disturbing activities.
My organization and proposed activities are located in AL, AK, AS, AZ, AR, CA, CO, CT,
DE, DC, FL, GA, HI, ID, 1L, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO,
MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, Ri, SC, S�, TN, TX,
UT, VT VA WA, WV WI, WY, or VI.
1 understand I am required to review the NEPA and Historic Preservation training website:
www.ener¢v.uov/node/4816816 and contact my DOE Project Officer with any questions
before initiating project activities.
I understand 1 am required to review my NEPA derermi�ration (the DOE form that
documents DOE's environmental review of project activities) once I have an approved
award from the DOE Contracting Officer. [ will contact my DOE Project O�cer with
questions on my award documents.
I understand 1 am required to review and comply with the requirements and restrictions of
my Kistoric Prese�valion Programmalic Agreemenl found at:
htt�s://www.energy.gov/node/812599 once I have an approved award from the DOE
Contracting Officer. I will contact my DOE Project Officer with questions on my award
documents.
I understand 1 am required to submit an annual Hrstoric Preservatrort fZeporl at
� I understand if I propose activities not listed below, I must contact my DOE Project Officer
who will review the proposal for program eligibility. Additional NEPA review will be
required including the possible submission of an En>>rronme►tta/ Questionnaire 1 form
(EQI). I will not initiate any activities without approval from the DOE Contracting
Officer.
� Determine if your projeet is Iocaled tn a �unsdicaon wnh a Ni.cmric Pre.servalion Progra»ro�ane Agre�meul by cheeking th�s
webs�te: �� r+'www.eaesp,y.�o� nqde 812594 ,
Page1�7
By signing below, _� rs� g� �� (enter Applicant organization)
provides assurance that it shatl only fund projects (including subgrants) that fall within the Blueprints and
Additional Activities listed below and will follow all restrictions defined below.
Bluearints and Additional Activities:
All proposed project activities and equipment funded from Admr►tistra�ive and Lega! Reqiri��ements
Documenrs (ALRD), and all proposed project activities and equipment funded under Financial lncentive
Progr•an►s, must be listed below. Activities and equipment not listed below would require submission of
an Environmental Qaesrion�raire 1 foRn (EQ I).
This 5tatement of Work is organized around EECBG P�gram 81u�riuts. Applicants that plan to use a
Blueprint should identify their selected Blueprint nuenber and ensure that their proposed activities align
with this Statement of Work. Applicants that do not plan to use a Blueprint may find that their proposed
activities are covered under of one of the Blueprint headers or the "Additional Activities" section. Please
review each item carefully to determine if proposed activities are included in this Statement of Work.
Blueurints•
Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity,
electrification and renewable energy upgrades; provided that projects adhere to the
requirements of the respective applicant's DOE executed Historic Prese�vation
Programmalic Agreement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural reinforcement,
and are limited to:
a. installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercia! appliances
and equipment (including, but not limited to, grid-interactive building technologies,
energy or water monitoring and control systems, thermostats, heat pumps, air
conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to,
wastewater treatment plants) where it would not alter the capaciry, use, mission, or
operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossi!
fuels with electric appliances) such as heat pumps for water heating, air heating- cooling,
electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as
efficient refrigerators, freezers, dishwashers.
j. filectrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding, and are-fault circuit interrupter (AECI) and ground-fault circuit
interrupter (GFCI) breakers.
2. Blueprint #ZB: Energy Savings Performance Contracts for Efficiency and Electrification in
Buildings, activities limited to:
Page2�7
a. Funding commercially available energy efficiency or renewable energy upgrades;
provided that projects adhere to the requ�rements of the respective applicant's DOE
executed Hisloric Presen�alion Programmattc• Agree�»enl (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do
not require structural reinforcement, and are limited to:
i. Installation of insulation_
ii. Instatlation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and mstallation of energy�water-efficient residential and commercial
appliances and equipment (tncluding, but not limited to, grid-interactive build�ng
technologies, energy or water monitoring and contro! systems, thermostats, heat
pumps, air conditioners, and related soRware).
vi, Retrofit of energy efficient pumps and motors (for such uses as, but not limited
to, wastewater treatment plants) where �t would not alter the capacity, use,
mission, or operation of an existing facil�ty.
vii. Retrofit and replacement of windows and doors.
viii. lnstallation of electric appliances (includmg replacement of appliances that
utilize fossil fuels with electric appliances) such as heat pumps for water heating,
air heating!cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such
as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding, and arc-fault circuit iaterrupter (AFCi) and ground-fault
circuit interrupter (GFCI) breakers.
b. Post-implementation measurement & verification lirnited to data analysis (e.g.:
metering'usagertemperature), which may include monitoring devices installed on
equipment, but not on buildings.
$lueprint #2C: Building Efficiency & Electrificat�on Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy effic�ency or
renewable energy upgrades; provided that projects adhere to the requirements of the
respective applicant's DOE executed Historic Preser>>atro�r Programmatic Agreement
(PA), are installed in or on existing buildings, do not require ground disturbance, tree
removal or tree trimm�ng, do not require structural reinforcement, and are lim�ted to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energylwater-efficient residential and commercial
apptiances and equipment (including, but not I�mited to, grid-interactive building
technologies, energy or water monitoring and control systems, thermostats, heat
pumps, air conditioners, and related sofiware).
vi. Retrofit of energy efticient pumps and motors (for such uses as, but not limited
to, wastewater treatment plants) where it would not alter the capacity, use,
mission, or operation of an exist�ng facility.
vii. Retrofit and replacement of windows and doors.
Page3�7
viii. Installation of electric appliances (including replacement of appliances that
utilize fossil fuels with electric appl�ances) such as heat pumps for water heating,
air heating'cooling, electric dryers, and stovcs.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such
as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and
conduit, grounding. and arc-faull c�rcuit intem►pter (AFCI) and ground-fault
circuit interrupter (GFCI) breakers.
4. Blueprint �t3A: Solar and Battery Storage - Power Purchase Agreements and Direct
Ownership, activities limited to:
a. Installation of solar electricity'photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respectrve applicant's DOE executed Ilistoric Presen•ation
Prograittmatic Agree�nent (PA), are mstalled in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. lnstallation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant's
DOE executed Historic Preservation Program►xatic Agreenrent {PA), are instalted in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not reyuire structural reinforcement, and are appropriately sized not to exceed I,000
kWh.
5. Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electriciry/photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant's DOE executed His►oric Preservatioa
Program�natic Agreemenl(PA}, are installed tn or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Instaliation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant's
DOE executed Kistoric Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not require structural reinforcement, and are appropriately sized not to exceed 1,000
kWh.
6. Blueprint #3C: Solarize Campaign, activities limited to:
a. Instatlation of solar electricity`photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant's DOE executed Flistoric Preservario�r
Programmatic Agreement (PA}, are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermaf storage
systems, provided that projects adhere to the requirements of the respective applicant's
DOE executed Hisloric Pi•ese�vation Pragrammalic Agreemen� (PA), are installed in or
on existing buitdings, do not require ground disturbance, tree removal or tree trimming,
Nage4�7
do not require structural reinforcement, and are appropriately sized not to exceed I,000
kWh.
7. Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of soiar electricity'photovoltaic (PV) systems, provided that projects adhere
to the requirements of the respective applicant's DOE executed Nis1o►•ic Prese�valio�r
Prog►•ammatic Ag►•eement (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structura{
reinforcement, and are not to exceed 6(} kW DC.
b. [nstallation of energy storage systecns, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant's
DOE executed Hisroric Preservation Programmatic Agreement (PA), are installed in or
on existing buildings, do not require ground disturbance, tree removal or tree trimming,
do not require structural reinforcement, and are appropriately sized not to exceed 1,00(}
kWh.
8. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid
vehicles.
b. Installation of electric vehicle suppfy equipment (EVSE), including testing measurements
to assess the safety and Cunctionality of the EVSE (restricted to existing footprints within
an existing parking facility, defined as any building, structure, land, right-of-way, facility,
or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for
installation, and where appropriate, use the lowest profile EVSE reasonably available that
provides the necessary charging capacity. EVSE shall be placed in minimally visibly
intrusive area; use colors complementary to surrounding environment, where possible,
and be limited to the current electrical capaciry. This applies to Level l, Level 2, and
Level 3(also known as Direct Current (DC) Fast Charging) EVSE for communiry and
municipal fleets.
9. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (fiVSE), including testing measurements
to assess the safery and functionality of the EVSE (restricted to existing footprints within
an existing parking facility, defined as any building, structure, land, right-of-way, facility,
or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for
installation, and where appropriate, use the lowest profile EVSE reasonably available that
provides the necessary charging capacity. EVSE shall be placed in minima(ly vis�bly
intrusive area; use colors complementary to surrounding environment, where possible,
and be limited to the current electrical capacity. 'I'his applies to Level 1, Leve12, and
Level 3(also known as Direct Current (bC) Fast Charging) EVSE for community and
municipal fleets.
Additional Activities:
l0. Building Energy Efficiency: Funding commercially available energy e�ciency or renewable
energy upgrades, provided that projects adhere to the requirements of the respective
Page5�7
applicant's DOE executed Hisloric P►•ese�vation Progrumnru�ic Agreemen� (PA), are
installed in or on existing buildings, do not rec�uire ground disturbance, iree removal or tree
trimming, do not require stnrctural reinforcement, are appropriately sized, and are limited to:
a. Installation of insulatioa.
b. Installation of energy efficient tighting.
c. HVAC upgrades to existing systems.
d. Weather sealing a��d duct sealing.
e. Purchase and insta{lation of energy water-efficient residential and commercial appliances
and equipment (including, but not limited to, grid-interactive building technologies,
energy or water monitoring and control systems, thermostats, heat pumps, air
conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to,
wastewater treatment plants) where it would not alter the capacity, use, mission, or
operation of an existing faciliry.
g. Retroftt and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil
fuels with electric appliances) such as heat pumps for water heating, air heating/cooling,
electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as
efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures
limited to electric panel upgrades, updated wiring and conduit, grounding, and arc•fault
circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
l 1. Installation of renewable energy technology, provided that projects adhere to the
requirements of the respective applicant's DOE executed Hisroric Pi•eservatioir
Programmatic Agreenrenr (PA), are installed in or on existing buildings, do not require
ground disturbance, tree removal or tree trimming, do not require structural reinforcement,
are appropriately sized, and are limited to:
a. Solar Electriciry/Photovoltaic---appropriately sized systems not to exceed
60kW (including community solar projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thecmal hot water) limited to 204,(}00 BTU
per hour or smaller.
l2. Biomass thermal systems, provided that projects adhere to the requirements of the respective
applicant's DOE executed Historic Preservatio�r Programm�lic Agreeinent (PA), are
installed in existing buildings, do not require structural reinforcement, do not require ground
disturbance, are appropriately sized, and lirnited to 3 MMBTUs per hour or smaller, with
appropriate regulatory permits obtained and Best Available Control Technologies (BACT)
installed and operated.
l3. Purchase of alternative fuel vehicles, hybrids, and electric vehicles.
14. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen,
ethanol, and other comtnercially available biofuels, {but not storage tanks) provided that
projects adhere to the requirements of the respective appi�cant's DOE executed Historic
Page 6�7
Preservation Progranrma�ic Agreenrem {PA}, are installed on a current fueling station site, do
not requirc ground disturbance, tree removal or tree trimming, are appropriately sized, and
obtain the appropriate permits, and comply with regulatory requirements.
15. Instailation of energy storage systems, including electrochemical and thermal storage
systems, provided that projects adhere to the requirements of the respective applicant's DOE
executed Historrc Prese�vation Program�natic Agreemen! (PA), are installed in or on cxisting
buildings, do not require ground disturbance, tree removal or tree trimming, do not require
structural reinforcement, are appropriately sized not to exceed I,000 kWh, obtain the
appropriate permits, and cornply with regulatory requirements.
The Applicant is responsible for infor►ning DOE of any extraordinary circumstances, cumulative impacts,
or connected actions that may lead to significant impacts on the environment or any inconsistency with
the "integral elements" from a particular project. See l0 C.F.R. Part 1021 Appendix B, and the DOE's
online NEPA and historic preservation training at www,����y,�o�'nndr.4816816 to reviews these
concepts.
Expedited NEPA review based on this NEPA Statement of Work and supporting documents does not
preclude DOE from conducting stewardship activities, including audits, and site visits, or from exercising
any othe� rights under the EECBG program.
By signing below, the Applicant, agrees to follow all the statements and restrictions in this document;
review and comply with the NEPA Dererminatio►► (included in their Applicant award documents); review
the DOE's NEPA and Historic Preservation training website. DOE has developed a NEPA and Historic
Preservation training website which contains PowerPoint presentations, sample template documents
(including a project scope of work and a project layout), a Word template of the Environmenra!
Questionnaire! (EQI), and an EQ! Submission Guide at www.ener���ov nadel481�$��. Applicants are
respoi�sible for reviewing these trainings and reviewing the sample documents prior to initiating projects.
Recipients must contact their DOE Project Officer with any questions. Subgrantees should also review the
NEPA and Historic Preservation training website prior to initiating projects.
�` �. � o� • �� f���.�
Authori d Signature �� Date
Name (Printed or typed): �� Ql� �. �q �1 i�Q �
Title (Printed or ryped): ��,�►r � m r �Gy � 1'Y� �''� ��.,.,•�� i"'
Organizalion (Printed or typed): �.i ry v� �.,v 64��,� �T��� S
Page7�7
Speciai Terms and Conditions
Entity Name: 4 r ("RetipienY'), which is identified in the
Assistance Agreemen , and the Office of State and Community Energy P�ograms ("SCEP"�, and
Energy Efficiency and Conservation Block Grant Program ("EECBG"), an office within the United
States Department of Energy ("�OE"), enters into this Award, to achieve the project objectives
and the technical milestones and delive�ables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Terms and Conditions
Attachment 1 � Federal Assistance Reporting Checklist (FARC)'
Attachment 2 NEPA Determination2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at
http:/1www.eCFR.�ov.
• National Policy Requirements {November 12, 2020) at
htta://www.nsf.aov/award s/mana�in�/rtc. isn.
. The Recipient's application/proposal as approved by SCEP.
. Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
i The FARC will be provided at a later date.
� The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Template Version 12/19/zQ23
Resolution No. 2024-R0149
u a ocr��rrcw� or Energy Effiaency 8
ENERGY Renewable Energy
Special Terms and Conditions
Table of Contents
SubpaKA. General P�ovisions ................................................. ....................................................................... 4
Term 1.
Term 2.
Term 3.
Te►m 4.
Term S.
Term 6.
Term 7.
Te►m 8.
Term 9.
Terin 10.
Te►m ii.
rern, iz.
Term 13.
Term 14.
Term 15.
Ttrm 16.
Term 17.
Term 18.
Term 19.
Term 20.
Ternt 21.
Term 22.
legalAuthofity a�d Effect .......... ............ ............... ...............................................................................4
flow Oown Requirement ........... ................... ..................................... ................................................. A
Compliance wlth federal, State, and Municipal law .............................................................................4
Inconsistency with Fede�al Law .............. ... ............................. ....... ....................................................4
Federa! Stewardship ....... ..... ....... ....... ............ ..................................... ............. �--•--..._... .... .... 4
NEPARequfrements ..... ....... ...........................................................................................•. . ..4
Notice Regarding the Purchase of American-Made Equlpment and Products - Sense of Congreu ....5
Reporting Requirements ...... ... ............................................................................................................ S
tobbying. .............. ... ............. ............. ........................................................................................... ....... 5
Pub�caHons .................. .......................... .............................................................................. ........ ........ 5
No�Cost Extension ...................................................................................................................................6
PropertyStandards ............................................. ........................................................................ ....... ...6
Insurance Coverage .............. ...........,....,.................. ..............................................................................6
RealProperty ...... .................................... ............ ............................................................... .......7
Equipment............................................................................................................................................... 7
Supplies....................................... ............... ..................................................................................._.......8
Property Trust Relation�ip ............................................._................................................. ...8
............. ...
RecordRetendon..................... .. ......................................_......................................................................B
Audits.............. .................... •• - -.........._....................................................._.........................................8
Indemnity.. ..... . .................................. ............. .......................................................................................9
ForefgnNational PaRkipatbn ................................................................................................................9
post-Award Due Diligence Reviews ........................................................................................................9
Subpart B. Ffnancial Provisfo�s .......................................................................................................................10
Term23. Maxtmum Obligation ..... . ....................................................................................................................10
Term24. Ret�md Obltgation ............................................................................................................................... ..10
Term25. Albwable Costs ................ ...... ...,.......,........ ..................................................._..................................... ]0
Term 26. Decontaminatlon and/or DecommissionMg jD&D) Costs ....... ............................................................10
Term 27. Use of �ogram Income .. .................................. .............................................................................. ....10
Term28. Payment Procedures .............................................................................................................................11
Term29. Budget d�anges ................................................................................................,.....................,.............. il
SubpartC. Mluellaneous Provisions ..............................................................................................................12
Term 30.
Term 31.
Tenn 32.
Term 33.
Term 34.
Tenn 3S.
Tem► 36.
Term 3T.
Tert» 38.
Term 39.
Term 40.
Envi►o�mental, Safety and Healtfi Performance of Work at DOE FacilRies ........................................ i�
System for Award Management and Unive►sai Identifier Requirements ...........................................12
Nondisclosure and Confldentialfty Agreements Assurances ............. .......................................... ......14
Co�t�actor Cha�e Notification ............................................................................................................15
Reciplent fntegNty and Perfwma�oe Matters ..............................................._......................................16
ExportControl ........................................................ ...............................................................................18
Mterim �onflict of Interest Policy for financial Assistance .. ............................ ..................................18
Organizational Confl{ct of I�terest ............................... ................... .................... ....... ........... ........ .18
Prohibitton on Certain Telecommunications and Video Surveillance Serv(ces or Equipment............14
Human Subjects Resea�ch .....................................................................................................................20
Fraud, Waste and Abuse ..... ............. ......... ..... ..... .............. ............................. ................................21
Sub�tart D. BipaRisan Mirastrutture taw (811j-specific requfrements ................................................................21
Term 41. Repo�ting, Tracking and Segregation of Incurred Costs ....................................................................... 21
U � 0l►A11TMlNT O/ Energy Efficiency 8
ENERGY Renewable Energy
Special Terms and Conditbns
Te�m 42. Davis-Bacon Requi►ements ..................................•---.......................................................................... ..22
Te�m 43. Buy American Requirement for Inf►ast�ucture Projects .................................................. ...................23
Term 44. Affirmative Actton and Pay Transparenty Requfrements ........................................... .... ...................29
Tc►m 45. Potentially Cuqlkative Fundfng Plotice ...... ...................................................................... ..................29
Term 46. Transparency of foreign Connections ......... ................................................................. .......................29
Term 47. Forefgn Collaborallon Considerations ..................................................................................................30
U a O[�AlITMBNT Of Energy E�ciency &
ENERGY Renewable Energy
Special Terms and Condltions
Subpart A. General Provisions
Term 1. Legal Authority and Effect
A ROE financial assistance award is valid only if it is in writing and is signed, eithe� in writing or
electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the
RecipienYs authorized representative through electronic systems used by DOE, specificaliy The
EECBG Program Voucher Porta� {https://doerebates.my.site.com/eecbgvouchers/s/),
constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient's autho�ized
representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all
subcontractors as required by 2 CfR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub
co�tractors and to require their strict compliance the�ewith.
Term 3. Compliance with Fede�al, State, and Municipal law
The Recipient is required to comply with applicable federal, state, and local laws and
regulations for all work performed under this Award. The Recipient is required to obtain all
necessary Federal, state, and local permits, authorizations, and approvals for all work
performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this Award must be refer�ed to the DOE Award Administrator for
guidance.
Te�m 5. Federal Stewardship
SCEP 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 technicaf assistance and/or temporary
intervention in unusual circumstances to address deficiencies that develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the
use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
U 6 DlYARTYENT OF Energy Efficiency &
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NEPA determination by issuing a categorical exclusion {CXj for all activities listed in the
Application approved by the Contracting Officer and the OQE NEPA Determination. The
Recipient is thereby authorized to use federal funds for the defined project activities, except
where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the
Application approved by the Contracting Officer and the UOE NEPA Determination.
!f the Reclplent lateriniends io add to or modijy ihe attivities or locotfons as described in the
approved Application and the DOE NEPA Determination, thvse new activities/locations or
modified activities/locations are subject to additio�al NEPA review and are not authorized for
Federal funding until the Contracting Officer provides written authorization on those additions
or modifications. Should the Recipient elect to undertake activities or change locations prior to
w�itten authorization from the Contracting Officer, the Recipient does so at risk of not receiving
Federal funding for those activities, and such costs may not be recognized as allowable cost
share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. 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 Ame�ican-made.
Term 8. Reporting Requirements
The reporting requirements for this Award a�e identified on the Federal Assistance Reporting
Checklist, attached to this Award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the Award. Noncompliance may �esult
in withholding of future payments, suspension, o� 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.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on
the Award shall be expended, directly or indirectly, to influence congressional action on any
legislation o� 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.
Term 10. Publications
u s OEPAIITMlNT Oi Energy Efficiency &
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Special Terms and Conditions
The Recipient is required to include the following acknowledgement in publications arising out
of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgmeni: "This material is based upon work supported by the U.S. Department
of Energy's Office of State and Community Energy Programs (SCEP) under the Energy
Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX"
Fu!! Legal 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
tfiose of the United States Government or any agency thereof."
Abridged Legal Disclaimer: "The views expressed herein do not necessa�ily represent
the views of the U.S. Oepartment of Energy or the United States Government."
Recipients should make every effort to include the full Legal Disclaimer. However, in the
event that recipients are constrained by formatting and/or page limitations set by the
publisher, the abridged Legal pisclaimer is an acceptable alternative.
Te�m 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in
advance if it intends to utilize a one-time, no-cost extension of this Award. The notification
must include the supporting reasons and the revised period of performance. The Recipient
must submit this notification in writing to the Contracting Offiter and DOE Technology
Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of
this Award.
Term 12. Property Standarcis
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additiona) requirements fo� real property and equipment for For
Profit recipients.
Term 13. Insurance Coverage
U a. 0l�ARiMEMT OF Energy Efficiency &
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Spedal Terms and Condttions
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or
improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real
property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CfR 200.311, title to real property acquired or improved
under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
2Q0.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real
property will be used for the originally authorized purpose as long as needed for that pu�pose.
When real property is no longer needed for the originally authorized purpose, the non-Federal
entity must obtain disposition instructions from DOE or pass-through entity. The instructions
must provide for one of the following alternatives: (1) retain title after compensating DOE as
described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate OOE as specified in 2
CFR 200.311(c}(2); or (3} transfer title to DOE or to a third party designated/approved by DOE
as specified in 2 CFR 200.311(c�(3).
See 2 CFR 200.311 for additional requirements pertaini�g to real prope�ty acquired or improved
under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acqui�ed
under a federal award will conditionally vest upon acquisition with the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was
acquired as long as it is needed, whethe� or not the project or program continues to be
supported by the Federal award. When no longer needed for the o�iginally authorized pu�pose,
the equipment may be used by programs supported by DOE in the priority order specified in 2
CFR 200.313(cj(1){i) and (ii).
Management requirements, including inventory and contro! systems, for equipment are
provided in 2 CFR 200.313(d}.
When equipment acquired under a Federal award is no longer needed, the non-Federal entity
must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: {1) items of equipment with a current fair market value of
$5,000 or less may be retained, sold, or othennrise disposed of with no further obligation to
DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
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described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as
specified in 2 CFR 200.313�e){3�.
See 2 CFR 200.313 for additional �equirements pertaining to equipment acquired under a
Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Te�m 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired uncfer a Federal award. See
also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Reat property, equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of
the project or program under which the property was acquired or improved. See 2 CFR 200.316
for additiona! requirements pertaining to real property, equipment, and intangible property
acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records
relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other
assistance requested by SCEP, OOE or Federal auditing agencies (e.g., DOE Inspector
General, Government Accountabikity Officey for the purpose of audits and
investigations. Such assistance may include, but is not limited to, reasonable access
to the Recipient's records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the
RecipienYs financia! records or administrative records relating to this Award at any
time. Government-initiated audits are generally paid for by DOE.
UOE may conduct a final audit at the end of the project period {or the termination of
the Award, if applicable). Upon completion of the audit, the Recipient is required to
refund to DOE any payments for costs that were determined to be unallowable. If
the audit has not been performed or completed prior to the closeout of the award,
DOE retains the right to recover an appropriate amount after fully considering the
recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
U 8 OEPApTYENT OF Energy Efficiency 8
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with ongoing work, to the maximum extent p�acticable.
B. Annual Independent Audits (Single Audit or Compliance Audit)
The Recipient must comply with the annual independent audit requirements in 2
CFR 200.500 through .521 for institutions of higher education, nonprofit
organizations, and state and loca) governments (Single audit), and 2 CFR 910.500
through .521 for for-profit entities (Compliance audit}.
The annual independent audits are separate from Government-initiated audits
discussed in part A. of this Term and must be paid for by the Recipient. To minimize
expense, the Recipient may have a Compliance audit in conjunction with its annual
audit of financial statements. The financial statement audit is not a substitute for
the Compliance audit. If the audit (Single audit or Compliance audit, depending on
Recipient entity type) has not been performed or completed prior to the closeout of
the award, DOE may impose one or mo�e of the actions outlined in 2 CFR 200.339,
Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any
character for death, bodily injury, or loss of or damage to property or to the environment,
resulting from the project, except to the extent that such liability results f�om the direct fault or
negligence of OOE officers, agents or employees, or to the extent such liability may be covered
by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the
performance of the Award, the Recipient must, upon DOE's request, provide DOE with specific
information about each foreign national to ensure compliance with the requirements for
participation and access approval. The volume and type of information required may depend
on various factors associated with the Award. The DOE Contracting Officer will notify the
Recipient if this information is required.
DOE may elect to deny a foreign national's participation in the Award. Likewise, OOE may elect
to deny a foreign national's access to a DOE sites, information, technologies, equipment,
programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through
Government resources, to identify potential risks of undue foreign influence. In the event, a risk
is identified, DOE may require risk mitigation measures, including but not limited to, requiring
an individual or entity not participate in the Award.
U s OBPARTMBNT OF Energy Efficiency &
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Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total "Funds Obligated" stated in Block 13
of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs
determined unallowable by the Contracting Officer. Upon the end of the project period (or the
termination of the Award, if applicable), the Recipient must refund to SCEP the difference
between {1) the total payments received from SCEP, and (2) the Federal share of the costs
incurred. Refund obligations under this Term do not supersede the annual reconciliation or
true up process if specified u�der the Indirect Cost Term.
Term 25. Allowable Costs
SCf P determines the allowability of costs through reference to 2 CFR part 200 as amended by 2
CFR part 910. All project costs must be allowable, allocable, and reasonabie. The Recipient
must document and maintain records of all project costs, including, but not limited to, the costs
paid by Federal funds, costs clairned by its subcontractors, and project costs that the Recipient
claims as cost sharing, including in-kind contributions. The Recipie�t is responsible for
maintaining records adequate to demonstrate that costs claimed have been incurred, a�e
reasonable, allowable and allocable, and comply with the cost principles. Upon request, the
Recipient is required io provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may �esult in a determination by
the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any
foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs
Notwithstanding any other provisions of this Award, the Government shall not be responsible
for or have any obligation to the Recipient for (1) becontamination and/or becommissioning
(D&0) of any of the Recipient's facilities, o� (2) 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 w�rk
under this Award, whether said work was performed prior to or subsequent to the effective
date of ihe Award.
Term 27. Use of Program Income �o
If the Recipient earns program income during the project period as a result of this Award, the
U 8 DlPARTMtNf O� Energy Efficiency &
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Recipient must add the program income to the funds committed to the Award and used to
furthe� eligible project objectives.
Term 28. Payment P�ocedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate
voucher applications witl be approved for payment by DOE once the equipment has
been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified
attached to the Recipient's UEI and identified in the Recipient's SAM.gov account.
C. Unauthorized D�awdown of Fede�al Funds
For each budget period, the Recipient may not spend more than the Federal share
authorized to that award, without specific written approval from the Contracting
Officer. The Recipient must immediately refund SCEP any amounts spent in excess
of the authorized amount.
A. Supporting Rocuments for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment
requests prior to release of funds, as deemed necessary. The Recipient is required
to comply with these �equests. Supporting documents include invoices, copies of
contracts, vendor quotes, proof of installation and other expenditure explanations
that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to
this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is
stated as "Total" in Block 12 to the Assistance Agreement of this Award, must be
approved in advance and in writing by the Contractin� Officer.
Any change that alters the project scope, milestones or deliverables requires prior
written approval of the Contracting Officer. SCEP may deny reimbursement for any
failure to comply with the requirements in this term. =1
U S OlPARTYFNT OF Energy E�ciency �
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B. 1'ransfers of Funds Among Direct Cost Catego�ies
The Recipient is required to obtain the prior written approval of the Contracting
Officer for any transfer of funds among direct cost categories where the cumulative
amount of such transfe�s exceeds or is expected to exceed 10 percent of the total
project cost stated in the budget on the recipient's application.
The Recipient is required to noti the DOE Technology Manager/Project Officer of
any transfer of funds among di�ect cost categories where the cumulative amount of
such transfers is equal to or below 10 percent of the total project cost, stated in the
budget on the recipient's application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE
Facilities
With respect to the performance of any portion of the work under this Award which is
performed at a DOE -owned or controlled site, the Recipient agrees to comply with a11 State and
Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H
requirements of the operator of such site.
Prior to the performance on any work at a OOE-owned or controlled site, the Recipient shall
contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its cont�actors.
Term 31. System fo� Award Management and Universal Identifier
Requirements
A. Requi�ement fo� Registration in the System for Award Management (SAM}
Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe
Recipient must maintain the currency of its information in SAM until the Recipient
submits the final financial report required under this Award or receive the final
payment, whicheve� is later. This requires that the Recipient reviews and updates
the information at least annually after the initial registration, and more frequently if
required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no
longer have to go to a third-party website to obtain their identifier. This information I�
u s OlPARTMENT 0I Energy Efficiency &
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Special Terms and Conditions
is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
Must notify potential subrecipients that no entity (see definition in paragraph C
of this award te�m) may receive a subaward from the Recipient unless the entity
has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI
number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of
business as a recipient. Additiona) information about registration procedures
may be found at the SAM Internet site (currently at ►.
Unique Entity tdentifier (UEI} is the 12-character, alpha-numeric identifier
that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means ali of the following, as defined
at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or
Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
iv. Subaward:
1. This te�m means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the Recipient received this Award and that the Recipient
awards to an eligible subrecipient.
2. The term does not include the Recipient's procurement of property
and services needed to carry out the p�oject or program (for further 13
explanation, see 2 CFR 200.501 Audit requirements, (f} Subrecipien[s
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and Confractors and/or 2 CFR 910.501 Audit requirements, (f)
Subrecipients ond Contraciors).
3. A subaward may be provided through any legal agreement, including
an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds
provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not
require its employees or contractors to sign internal nondisclosure or confidentiality
agreements or statements prohibiting or otherwise restricting its employees or
contactors from lawfully reporting waste, f�aud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to
implement or enforce any nondisclosure and/or confidentiality policy, form, or
agreement it uses unless it contains the following provisions:
`These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, righcs, or liabiliiies creaied by
existing siatute or Executive order relafing to (1) classified informa[ion, (2J
communications fo Congress, (3J the reporting to an Inspector Genera! oj a
violation of any law, rule, or regulation, or mismanagement, a gross waste of
junds, an obuse of authority, or a subsiantial and specific danger to public
healih or safety, or (4J ony oiher whisdeblower protection. The definiiions,
requirements, obligations, rights, sanctions, and liabiliries creaied by
concrolling fxecu[ive orders and statutory provisions are incorporated into
this agreement and are coniro!ling."
ii. The limitation above shall not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
lii. Notwithstanding p�ovisio� listed in paragraph (a), a nondisclosure or
confidentiality policy form or agreement that is to be executed by a person xa
connected with the conduct of an intelligence or intelligence-related activity,
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other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure or confidentiality forms shall
also make it clear that they do not bar disclosures to Congress, or to an
authorized official of a� executive agency or the Uepartment of lustice, that
are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient's Application for award, the
Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to
the execution of new or modified contract agreements, including naming any To Be Determined
contractors. This notification does not constitute a waiver of the prior approval requirements
outlined in 2 CFR part 2Q0 as amended by 2 CFR part 910, nor does it relieve the Recipient from
its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a
minimum, include the following:
• A description of the service to be provided or the equipment to be purchased.
• An assurance that the process undertaken by the Recipient to solicit the contractor
complies with their written procurement procedures as outlined in 2 CFR 200.317
through 200.327.
• An assurance that no planned, actual or apparent co�flict of interest exists between the
Recipient and the selected contractor and that the Recipient's written sta�da�ds of
conduct were followed.3
• A completed Environmental Questionnaire, if applicable.
• An assurance that the contractor is not a debarred or suspended entity.
• An assu�ance that all required award provisions will be flowed down in the resulting
contract agreement.
� It �s ODE's position that the existence of a"covered relat�onship" as defined in S CfR 2635.502(a)&(b) between a member of
the Recipient's owners o� senior management and a member of a subrecipient's owners or senior management creates at a
minimum an apparent conflict of mterest that would require the Recipient to notity the Cont►acting Officer and provide
detailed information and justification (including, for example, mitigation measures) as to why the subreclpient agreement does
not create an actual conflict of rnterest. The Recipient must also notify the Contract�ng Officer of any new subrecipient
agreement wlth: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or �y
othervvise controlled by another entity that also owns o� otherwise controls the Recipient, as it is DOE's position that these
situations also Create at a minimum an apparent conflict of interest.
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The Recipient is �esponsible for making a final determination to award or modify contractor
agreements under this agreement, but the Recipient may not proceed with the contractor
agreement until the Contracting Office� determines, and provides the Recipient written
notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer
within 30 days of the submission of the contractor documentation stipulated above, the
Recipient may proceed to award or modify the proposed co�tractor agreement.
Term 34. Recipient Integrity and Performance Matte�s
A. Gene�al Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of this term. This is
a statutory requirement under section 872 of Public Law 110-417, as amended (41
U.S.C. 2313j. As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and perfo�mance system on or after April 15,
2011, except past performance reviews required for Federal procurement contracts,
will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award o� performance of a Financial Assistance,
cooperative agreement, or procurement contract from the Federal
Government;
ii. Reached its final disposition during the most recent five-year period; and
iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in
paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term,
that resulted in a finding of fault and liability and your payment of
either a monetary fine or penalty of $5,000 or more or 16
reimbursement, restitution, or damages in excess of $100,000; or
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4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.l,
2, or 3 of this term;
b. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part;
and
c. The requirement in this term to disclose information about
the proceeding does not conflict with applicable laws and
regulations.
C. Repo�ting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph B of this term. You do not need to submit
the information a second time under assistance awards that you received if you
already provided the information through SAM because you were required to do so
under Federal procurement contracts that you were awarded.
D. Reporting F�equency
Ouring any pe�iod of time when you are subject to the requirement in paragraph A
of this term, you must report proceedings information through SAM for the most
recent five-yea� period, either to report new information about any proceeding(s)
that you have not reported previously or affirm that there is no new information to
report. Recipients that have Federal contract, Financial Assistance awards,
(including cooperative agreement awa�ds} with a cumulative total value greater than
$10,00d,000, must disclose semiannuaily any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory
in nature in order to make a determination of fault or liability f e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeats proceedings, and Armed Services Board of Contract
Appeals proceedings). This incfudes proceedings at the Federal and State
level but only in connection with performante of a Federal contract or
Financial Assistance awards, It does not include audits, site visits, corrective
plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active Financial Assistance awards, coope�ative
agreements and procurement contracts includes— 17
U 6 DBPARTYlNT 01 Energy Efficiency 8�
ENERQY Renewable Energy
Special Te►ms and Conditlons
1. Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
Z. The value of al! expected funding increments under a Federal award and
options, even if not yet exercised.
Term 35. Export Controi
The United States government regulates the transfer of information, commodities, tethnology,
and software considered to be strategically important to the U.S. to protect national security,
foreign policy, and economic interests without imposing undue regulatory burdens on
legitimate international trade. The�e is a network of Federal agencies and regulations that
govern exports that are collectively referred to as "Export Controls." The Recipient is
responsible for ensuring compliance with all applicable United States Export Controt laws and
regulations relating to any work performed unde� a resulting award.
The Recipient must immediately report to DOE any export control violations related to the
project funded under this award, at the recipient or subrecipient level, and provide the
corrective action(sj to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance
The DOE interim Conflict of Interest Policy for Financial Assistance (C01 Policy) can be found at
htt s: w . ner . ov mana emen de artment-en ri - o lic -inter - oli -
requirements-financial-assistance. This policy is applicable to all non-Federal entities applying
for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant,
cooperative ag�eement, or technology investment ag�eement) and, through the
implementation of this polity by the entity, to each Investigator who is planning to participate
in, or is participating in, the project funded wholly or in part under this Award. The term
"Investigator" means the PI and any other person, regardless of title or position, who is
responsible for the purpose, design, conduct, or reporting of a project funded by DOE or
proposed for funding by DOE. The Recipient must flow down the requirements of the interim
COI Policy to any contracting non-Federai entities, with the exception of OOE National
Labo�atories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e.,
managed and unmanaged/ unmanageable, in its initial and ongoing FCOf reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award
completed their significant financial disclosures; 2j review the disclosures; 3) determine
whether a FCOI exists; 4� develop and implement a management plan for fCOls; and 5) provide
DOE with an initial FCOI report that includes all FCOIs (i.e., managed and
unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be
in full compliance with the other requirements set forth in DOE's interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent
company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to is
u a DlPAR7MfNT Of Energy Efficiency 8
ENERGY Renewable Energy
Special Terms and CondlNons
be impartial in conducting procurement action involving a related organization (2 CFR
200.318�c){2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest
to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in
a procurement or transaction using project funds with a parent, affiliate, or subsidiary
organization that is not a state, local government, or Indian tribe. For a list of the information
that must be included the disclosure, see Section VI. of the OOE interim Conflict of Interest
Policy for Financia! Assistance at https://www.enerRY.Rov/mana�ement/department-eneruv-
interim-conflict-interest-�oliey-reguirements-fi nancial;a��t��r,�.
If the effects of the potential or actual organizational conflict of interest cannot be avoided,
neutralized, or mitigated, the Recipient must procure goods and services from other sources
when using project funds. Otherwise, DOE may te�minate the Award in accordance with 2 CFR
200.340 unless continued performance is determined to be in the best interest of the federal
government.
The Recipient must flow down the requirements of the interim CO! Policy to any contracting
non-federal entities, with the exception of DOE Natio�al Laboratories. The Recipient is
responsible for ensuring contractor compliante with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, loca)
government, or Indian tribe, the Recipient must maintain written standards of conduct cove�ing
organizational conflicts of interest.
Term 38. P�ohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prahibited from obligating or
expending project funds (Federal and non-Federal funds) to:
(i) Procure or obtain;
(2) Extend or renew a contract to p�ocure or obtain; or
(3) Enter into a contract (or extend or renew a contractj to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security ly
surveillance of critical infrastructure, and other �ational security purposes, video
u e oeP�nrrewr or Ene�gy EPficiency 8
ENERGY Renewable Energy
Speclal Te�ms and Condkfons
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision �igital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance seroices provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
vf the National Intelligence or the Director of the Federal eureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information
conducted with Department of Energy (OOE) funding is subject to the requirements of DOE
Order 443.iC, Pro[ection of Human Research Subjects, 45 CFR Part 46, Protection of Numan
Subjecis {subpartA whici► is referred io as ihe "Common Rule"), and 10 CFR Part 745, Proiection
of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IR6) of
aU proposed human subjects research projects. The IR6 is an interdisciplinary ethics boa�d
responsible for ensuring that the proposed research is sound and justifies the use of human
subjects or their data; the potential risks to human subjects have been minimized; participation
is voluntary; and clear and accurate information about the study, the benefits and risks of
participating, and how individuals' data/specimens will be protected/used, is provided to
potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and
the certification identified in item 2 below to DOE rip or to initiation of any project that will
involve i�teractions with humans in some way (e.g., through surveys); analysis of their
identifiable data (e.g., demographic data and energy use over time); asking individuals to test
devices, products, or materials developed through research; and/or testing of commercially
available devices in buildings/homes in which humans will be present. Note: This list of
examples is illustrative and not all inclusive.
No OOE funded research activity involving human subjects, biospecimens, or identifiable
private information shall be conducted without:
�a
U• OEPARTMENT OF Energy Efficiency &
ENER6Y Renewable Energy
Spedal Terms and Cond(tions
1) A registration and a Federal Wide Assurance of compliance accepted by the Office of
Human Research Protection (OHRP) in the Department of Health and Human Services;
and
2) Certification that the research has been reviewed and approved by an Institutional
Review Board (IRBj provided for in the assurance. IRB review may be accomplished by
the awardee's institutional IRB; by the Central DOE IRB; or if collaborating with one of
the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for �eporting information
on the project annually to the DOE Human Subjects Research Database {HSRD} at
https://science.osti.�ov/HumanSubiects/Wuman-Subiects-Uatabase/home. Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (016j is to strengthen the integrity,
economy and efficiency of DOE's programs and operations including deterring and detecting
fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through
investigations, audits, and inspections of Department of Energy activities to include grants,
cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting
allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit
https://www.energy.gov/ig/ig hotline.
Additionally, the Recipient must be cognizant of the requirements of 2 CfR § 200.113
Mandatory disclosures, which states:
The non-Federal entity or applicant for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass-through
entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non-Federal entities that
have received a Federal award including the term and condition outlined in
appendix XII of 2 CFR Part 200 are requfred to report certain civil, criminal, or
administrative proceedings to SAM (currently FAPIIS). failure to make
required disclosures can result in any of the remedies described in § 200.339.
(See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs �'
U 6 OBPARTMBNf 01 Energy Efficiency &
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Spedal Terms and Conditions
BIL 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 BIL and
related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate
records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative
agreeme�t is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law {ell). All laborers
and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the
performance of construction, alteration, or repair work in excess of $2,000 on an award funded
directly by or assisted in whole or in part by funds made available under this award shall be
paid wages at rates not less than those prevailing on similar projects in the locality, as
determined by the Secretary of Labor in acco�dance with subchapter IV of chapter 31 of title
40, United States Code commonly referred to as the "Davis-Bacon Act" (DBA).
Recipients shall provide written assurance acknowiedging the DBA requirements for the award
or project and confirming that all of the laborers and mechanics performing construction,
alteration, or repair, through funding under the award are paid or will be paid wages at rates
not less than those prevailing on projects of a character similar in the locality as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-eacon Act requirements, including but not
limited to:
(1) ensuring that the wage determination�s) and approp�iate Davis-Bacon clauses
and requirements are flowed down to and incorporated into any applicable
subcontracts.
(2) being responsibte fo� compliance by any subcont�actor with the Davis-Bacon
labor standards.
(3} receiving and reviewing certified weekly payrolls submitted by all
subcontractors and subrecipients for accuracy and to identify potential
compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion
of the project and must make those payrolls available to the DOE or the
Department of Labor upon request, as required by 29 CFR 5.6{a)(2).
(S) conducting payroll and job-site reviews for construction work, including
interviews with employees, with such frequency as may be necessary to assure
compliance by its subcontractors and as requested or directed by the OOE.
(6) cooperating with any authorized representative of the Department of Labor
in their inspection of records, interviews with employees, and other actions 22
undertaken as part of a Department of Labor investigation.
V S OEVARTM[NT Of Energy Efficiency 8
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Spacial Terms a�d Conditbns
(7) posting in a prominent and accessible place the wage determination(s j and
Department of Labor Publicatio�: WH-1321, Notice to Employees Working on
Federal or Federally Ass+sted Construction Projects.
(8) notifying the Contracting Officer of ail labor standards issues, including all
complaints regarding incorrect payment of prevailing wages and/or fringe
benefits, received from the recipient, , contractor, or subcontracto� employees;
significant labor standards violations, as defined in 29 CFR 5.7; disputes
concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in
FAR 52.222-14; disputed labor standards determinations; Department of Labor
investigations; or legal or judicial proceedings related to the labor standards
under this Contract, a subcont�act, or subrecipient award.
(9j preparing and submitting to the Contracting Officer, the Office of
Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual
Labor Compliance Report, by April 21 and October 21 of each year. Form
submittai will be administered through the iBenefits system
{https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain
competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of
any DOE sponsored Davis-Bacon Act compiiance trainings. The Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at
htt�s•II �ww.�ul,aa�la�encie�lwh��vernment-contractslconst�uctionlseminarslevents.
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance
sohware application. The Recipient must ensure the timety electronic submission of weekly
certified payrolls as part of its compliance with the Davis-Bacon Act unless a waive� is granted
to a particular contractor or subcontractor because they are unable or limited in their ability to
use or access the software.
Oavis Bacon Act Electronic Certified Payroll Submission Waiver
A waiver must be granted before the award starts. The applicant does not have the right to
appeal SCEP's decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see
htt s: www d I c s rf aver � - a tra n truttion and
h t : www.clol. ov a ncie wh overnment-contracts rot i n-for-workers-in-
construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: 8uy American Requiremenfs only apply [o awards over $250,000. Please disregard this t3
section if your [ota! EEC86 Program award is less than $250,000.
u s DEPARTMBNT Of Energy Efficiency &
ENERGY Renewable Energy
Special Terms and Conditions
A. Definitions
Components are defined as the articles, materials, or supplies
incorporated directly into the end manufactured product(s�.
Construdion Materials are an article, material, or supply—other than
an item primarily of i�on or steel; a manufactured product; cement
and cementitious materiais; aggregates such as stone, sand, or gravel;
or aggregate binding agents or additives—that is used in an
infrastructure project and is or consists primarily of non fer�ous
metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables), glass �including optic glass), lumber, drywall,
coatings (paints and stains), optical fiber, clay brick; composite
building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a
requirement that no amounts made available through a program for
fede�al financial assistance may be obligated for an infrastructure
project unless—
(A{ all iron and steel used in the project are produced in the United
States;
(B} the manufactured products used in the project are produced in the
United States; or
(C) the construction materials used in the project are produced in the
United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and
equipment located in the United States, for: roads, highways, and
bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; f�eight
and intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property; and generation, transportation, and distribution of energy -
including electric vehicle (EV) charging.
The term "infrastructure" should be interpreted broadly, a�d the
definition provided above should be considered as illustrative and not
exhaustive.
28
U S OEVARTMFNT OF Energy Efficiency 8�
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Special Terms and Conditions
Manufactured Products are items used for an infrastructure project
made up of components that are not primarily of iron or steel;
construction materials; cement and cementitious materials'
aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives.
Primarily of iron or steel means greater than 50% iron or steel,
measured by cost.
Project- means the construction, alteration, maintenance, or repair of
infrastructure in the United States.
PubHc- The Buy America Requirement does not apply to non public
infrastructure. For purposes of this guidance, inf�astructure should be
considered "public" if it is: (1} publicly owned or (2) privately owned
but utilized primarily for a public purpose. Infrastructure should be
considered to be "utilized primarily for a public purpose" if it is
privately operated on behalf of the public or is a place of public
atcommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or
recipient cost-share) may be used for a project for infrastructure
unless:
1. All iron and steel used in the project is produced in the
United States—this means all manufacturing processes,
from the initial melting stage through the application of
coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufattured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
dete�mining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
i5
u s DCPARTYENT OF Energy Efficiency 8
ENERGY Renewabfe Energy
Special Terms a�d Conditivns
3. All construction mate�ials are manufactured in the United
States—this means that all manufactu�ing processes for the
construction material occur�ed in the United States.
The Buy America Requirement only applies to articles, materials, and
supplies that are consumed in, incorporated into, or permanently
affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought into
the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America Requirement apply to
equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance
with the terms and conditions, including the Buy America
Requirement. The recipient must ensu�e that the Buy America
Requirement flows down to all subawards and that the subawardees
and subrecipients comply with the Buy Arnerica Requirement. The
Buy America Requirement term and condition must be included all
sub-awards, contracts, subcontracts, and purchase orders for work
perfo�med under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for
proof of compliance that a good faith effort was made to solicit bids
for domestic products used in the infrastructure project under this
Award.
The Recipient must also maintain certifications or equivalent
documentation for proof of compliance that those articles, mate�ials,
and supplies that are consumed in, incorporated into, affixed to, or
otherwise used in the infrastructure project, not covered by a waiver
or exemption, are produced i� the United States. The certification or
proof of compliance must be provided by the suppliers or
manufactu�e�s of the iron, steel, manufactured products and
construction materials and flow up from all subawardees, contracto�s
and vendors to the Recipient. The Recipient must keep these
certifications with the award/project files and be able to produce
them upon request from DOE, auditors or Office of Inspector General.
76
U 8 OE►ARiMlNT OF Energy Efficiency &
ENERGY Renewable Energy
Special Terms and Conditions
D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a
waiver from the 8uy America Requirement. Requests to waive the
application of the Buy America Requirement must be in writing to the
Contracting Officer. Waiver requests are subject to review by DOE and
the Office of Management and Budget, as wetl as a public comment
period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy Amefica Requirement would
be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured
products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities
or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactu�ed
products, or construction materials produced in the tlnited
States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the
following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable
Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number,
Assistance Listing number);
• A brief description of the project, its location, and the specific
infrast�ucture involved;
• Total estimated project cost, with estimated federal share and
recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal
share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured
goods, and/or construction material(s) the recipient seeks to
waive from the Buy America Preference, including name, cost,
quantity(ies), country(ies� of origin, a�d relevant Product
Service Codes (PSC) and North American Industry Classification ��
System (NAICS) codes for each;
u s oev�arrerT or Energy E�iciency &
ENERGY Renewable Energy
Speclal Terms and Conditfons
A detailed justification as to how the non-domestic item(s)
is/are essential the project;
A certification that the recipient made a good faith effort to
solicit bids for domestic products supported by terms included
in requests for proposals, contracts, and non-proprietary
communications with potential suppliers;
A justification statement—based on one of the applicable
justifications outlined above—as to why the listed items
cannot be procured domestically, including the due diligence
performed {e.g., market research, industry outreach, cost
analysis, cost-benefit analysis) by the recipient to attempt to
avoid the need for a waiver. This justification may cite, if
applicable, the absence of any Buy America-compliant bids
received for domestic products in response to a solicitation;
and
Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as
minimum requirements contained in their waiver request:
Time-limited: Consider a waiver constrained principally by a
length of time, rather than by the specific project/award to
which it applies. Waivers of this type may be appropriate, for
example, when an item that is "non-available" is widely used in
the project. When requesting such a waiver, the Recipient
should identify a reasonable, definite time frame (e.g., no more
than one to two years} designed so that the waiver is reviewed
to ensu�e the condition for the waiver ("non-availability") has
not changed (e.g., domestic supplies have become more
available).
Targeted: Waiver requests should apply only to the item{s),
product(s), or material(s) or category(ies) of item{s),
product(sj, or material(sj as necessary and justified. Waivers
should not be overly broad as this will undermine domestic
preference policies.
Conditional: The Recipient may request a waiver with specific
conditions that support the policies of IIJA/BABA and Executive
Order 14017.
DOE may request, and the Recipient must provide, additional xa
information for consideration of this wavier. DOE may reject or grant
u a C[PApiYlNT O� Energy Efficiency 8
ENERGY Renewable Energy
Special Terms and Conditlons
waivers in whole or in part depending on its review, analysis, and/or
feedback from OMB or the public. DOEs final determination regarding
approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements
All federally assisted construction contracts exceeding $30,000 annually will be subject to the
requirements of Executive Order 11246:
(ij Recipients and contractors are prohibited from discriminating in
employment decisions on the basis of race, color, religion, sex, sexual
orientation, gender identity or national origin.
(2)Recipients and contractors are required to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. This includes flowing down the appropriate language to all
subrecipients, contractors and subcontractors.
{3}Recipients and contractors are prohibited from taking adverse
employment actio�s against applicants and employees for asking about,
discussing, or sharing information about their pay or, under certain
circumstances, the pay of their co-workers.
The Department of Labor's (DOL) Office of Federal Contractor Compliance Programs (OFCCP)
uses a neutral process to schedule contractors for complia�ce evaluations. OFCCP's Technical
Assistance Guide° should be consulted to gain an understanding of the requirements and
possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have o� �eceive any other award of federal funds for activities that potentially
overlap with the activities funded under this Award, the Recipient must promptly notify QOE in
writing of the potential overlap and state whether p�oject funds (i.e., recipient cost share and
federal funds) from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items under this Award. If there are
identical cost items, the Recipient must promptly notify the OOE Contracting Officer in writing
of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
° See OFCCP's TecMnical Assistance Guide at: �g
}�[�S- ±WWN!•�O��OV151[Ct��V,�OV�f ICS�TCCpi�'onstnxt'son fikcs;Constructian3AG�ndf?mscfkid=�e397�4�e4b1 I1��
4diie6fecb6c7F� Also see the National Policy Assurances �t�:,'www n�f.,�ov'awards:managi��,j�r
U 6 OEVARTM[N7 OF Ene�gy Efficiency 8
ENERGY Renewable Energy
Special Te►ms a�d Conditions
Ouring the term of the Award, the Recipient must notify the DOE Contractin� Officer within
fifteen (15) business days of learning of the following circumstances in relation to the Recipient
or contractors:
1. 7he existence of any joint venture or subsidiary that is based in, funded by, or has a
foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement
specific to a business arrangement, or joint venture-like arrangement with an
enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or
contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that
has a general partner or individual holding a leadership role in such entity who has a
foreign affiliation with any foreign cauntry of risk;
S. Any current or pending technology licensing or intellectual property sales to a
foreign country of risk; and
6. Any current or pending fo�eign business entity, offshore entity, or entity outside the
United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential
collaboration with foreign entities, organizations or governments in connection with
its DQE-funded award scope. The Recipient must await further guidance from DOE
prior to contacting the proposed foreign entity, organization or government
regarding the potential collaboration or negotiating the terms of any potential
agreement.
b. Existing collaborations with foreign entities, organizations and governments. The
Recipient must provide DOE with a written list of all existing foreign collaborations in
which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will
involve some provision of a thing of value to, or from, the Recipient. A thing of value
includes but may not be limited to all resources made available to, or from, the
recipient in support of and/or related to the Award, regardless of whether or not
they have monetary value. Things of value also may include in-kind contributions
(such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in
provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the RecipienYs
services and facilities by foreign investigators resulting from its standard published 3a
u e D�PARTY[NT OF Energy Efficiency &
ENERGY Renewable Energy Speclal Terms and Condltions
process for evaluating requests for access, or the routine use of foreign facilities by
awardee staff in accordance with the Recipient's standard policies and procedures.
.__.mo+r�.� � _ a � •_�5�
Autho zed Signature Date
Name: j7�r.•k.. (Yl• �l�T'�itc� I"
Title: ��x.'�o�- �e. �� �r-�cs {�`�e� na9vncnT"
Entity Name: G� � p� �V bbp�„ K
33