Title

: DEPARTMENT OF ENERGY Agency Specific Requirements Modifications to the General Terms and Conditions Type : Grant Conditions NSF Org: OD / LPA Date : November 13, 1995 File : fdpdoe DEPARTMENT OF ENERGY Agency-Specific Requirements Modifications to the General Terms and Conditions A. The following constitute the DOEspecific requirements which are necessary to supplement the pertinent Articles of the General Terms and Condition: 1. The cognizant awarding agency official shall be the Contracting Officer or other individual named in Item 12, "Administered for DOE by..." of the Notice of Financial Assistance Award (DOE F4600.1) (7-81). 2. The total approved budget shown in Item 16a(6), Current Budget Period Information, of the Notice Of Financial Assistance Award consists of approved DOE funding for both direct and indirect costs of the project as well as any required cost sharing by the recipient. DOE will apply the applicable approved indirect cost rate in effect at the time of award negotiation to determine the amount for indirect costs to be included in the approved budget. Should that rate subsequently increase, DOE is under no obligation to provide supplemental funding. The maximum DOE obligation to the recipient is the amount shown in the Notice of Financial Assistance Award as the amount of DOE funds obligated. DOE shall not be obligated to make any additional, supplemental, renewal or other award for the same or any other purpose. 3. The DOE contact point for matters under Article 22, Patents and Inventions, shall be the Patent Counsel designated by the Contracting Officer. 4. Information which the recipient believes requires classification, pursuant to Article

25, shall be sent by registered mail to U.S. Department of Energy, Attn: Director, Declassification Division, NN-52, Washington, DC 20585. 5. Recipients shall be required to comply with the requirements of 10 CFR 1040, as amended, Nondiscrimination in Federally Assisted Programs. B. The following are DOE-specific requirements, binding on the recipient and DOE, which shall take precedence over the General Terms and Conditions: 1. All provisions of 10 CFR Part 600, as amended, which regulate how a recipient shall award and administer subawards and contracts under grants shall be applied to subawards and contracts under prime awards governed by the Demonstration Agreement. 2. Any request by the recipient for a deviation from any requirement of the General Terms and Conditions or this supplement shall be submitted in writing to the Deputy Assistant Secretary for Procurement and Assistance Management, Office of Procurement and Assistance Management, HR-5, U.S. Department of Energy, Washington, DC 20585. Any request for a deviation from any special condition or award shall be directed to the DOE Contracting Officer named on the Notice of Financial Assistance Award for the applicable award. 3.a. Applications for renewal or supplemental awards must be submitted in an original and six copies. b. Any application for a renewal or supplemental award must be submitted to the DOE Contracting Officer whose signature appears in Item 21 of the Notice of Financial Assistance Award. c. In accordance with Article Number 6 of the General Terms and Conditions, the required technical progress report must be submitted 90 days prior to the next recommended funding period. This report must include amounts and explanation of any unspent grant funds for the previous funding period. Two copies

of the report should be forwarded to the DOE Project Officer listed in Item 11 of the Notice of Financial Assistance Award. The original report should be forwarded to the DOE Contracting Officer listed in Item 21 of the Notice of Financial Assistance Award. If a request for renewal support is submitted during the final year of the project, that year's progress report should accompany such request. d. An application for a renewal award must be submitted no later than six months prior to the scheduled expiration of the project period (or any recipient-initiated extension thereof pursuant to the General Terms and Conditions). The application must be on the same forms as a new application, (SF-424 or DOE 4650.2, ERF 4620.1 and 4620.1A) and must outline and justify a program and budget for the proposed renewal period. The application must show, in detail, the estimated cost of the proposed project and the amount being requested from DOE and/or others, describe and explain the reasons for any change in the scope or objectives of the proposed project and for differences between estimates in the proposed budget and actual costs experienced as of the date of the application. 4.a. A Notice of Energy R&D project (DOE Form 1430.22), which summarizes the purpose and scope of the project, must be submitted immediately after initial award and with each application for renewal (as defined in 10 CFR 600.3). b. Each progress report, reprint, conference paper, and final report must be accompanied by two (2) copies of DOE Form 1332.16, University-Type Contractor and Grantee Recommendations for Disposition of Scientific and Technical Documents. Please submit this form only on the DOE Contracting Officer's required copies. 5. DOE systems require that certain DOE originated awards be signed by both a DOE Contracting Officer and, subsequently, by the

recipient in order for DOE to make or authorize payment (if the amendment involves the obligation of funds). DOE must receive a copy of the signed award/amendment document from the recipient. 6.a. Whenever practicable, DOE shall attempt to resolve informally any dispute over the award or administration of financial assistance. At the initiative of DOE or upon the written request of a recipient, DOE shall mail (by certified mail) a brief written determination signed by a Contracting Officer, setting forth DOE's final disposition of a dispute which is not resolved informally. Such determination shall contain the following information: (1) A summary of the dispute, including a statement of the issues and of the positions taken by the Department and the party or parties to the dispute; and (2) The factual, legal and policy reasons for DOE's disposition of the dispute. b. Except as provided in paragraph d. below, the final determination under paragraph a. may be appealed to the DOE Financial Assistance Appeals Board (the Board) in accordance with the procedures set forth in 10 CFR Part 1024. If the final determination under paragraph a. involves a dispute over which the Board has jurisdiction, the Contracting Officer's determination shall state that, with respect to such dispute, the determination shall be the final decision of the Department unless, within 60 days, a written notice of appeal is filed. If the final determination under paragraph a. involves a dispute over which the Board has no jurisdiction the Contracting Officer's determination shall state that, effective immediately or on a later date specified therein, the determination shall, with respect to such dispute, be the final decision of the Department. c. The filing of an appeal with the Board shall not stay any determination or action taken by DOE

which is the subject of the appeal. Consistent with its obligation to protect the interests of the Federal Government, DOE may take such authorized actions as may be necessary to preserve the status quo pending decision by the Board, or to preserve its ability to provide relief in the event the Board decides in favor of the appellant. d. The Board does not have jurisdiction to review: (1) Any preaward dispute (other than a decision not to issue funds based on a determination of noncompliance), including use of any special restrictive condition; (2) DOE denial of a request for a deviation; (3) DOE denial of a prior approval request; (4) Any authorized DOE action concerning conversion of payment method, withholding of funds, suspension of award, or disapproval of renewal, extension, or supplemental funding request. (5) A DOE decision not to make a continuation award, which decision is based on the insufficiency of available appropriations; (6) Any matter which is under the jurisdiction of the Patent Compensation Board (10 CFR 780.3); (7) Any matter which may be heard by the Invention Licensing Appeals Board (10 CFR 781.65 or 781.66) or; (8) Any other dispute not described in paragraph e. below. e. The Board shall have jurisdiction to review; (1) A DOE determination that the recipient has failed to comply with the applicable requirements of the award; (2) A DOE decision not to fund based on a determination of noncompliance; (3) Termination of an award for cause, in whole or in part by DOE; (4) A Doe determination that an award is void or invalid; (5) The application by DOE of an indirect cost rate, and (6) DOE disallowance of costs. f. In reviewing disputes, the

Board shall be bound by the applicable law, statutes, and rules including the requirements of the Demonstration Agreement, including the General Terms and Conditions and this supplement. g. The decision of the Board shall be the final decision of the Department. 7. Applicants, recipients, subrecipients, and contractors under DOE financial assistance awards may be debarred and suspended for the causes and in accordance with the procedures set forth in 10 CFR Part 1036. 8. No increment above cost may be paid to a recipient or subrecipient under a DOE financial assistance award, except for recipients allowed under 10 CFR Part 605.15. A fee or profit may be paid to a contractor providing goods or services under a contract with a recipient or subrecipient. 9. Interest penalties for late payment under a contract shall not be an allowable cost under this award. 10. Unless DOE and the recipient agree otherwise, no period of suspension under Article Number 24 of the General Terms and Conditions shall exceed 90 days. If DOE has not canceled a suspension by the expiration date of the suspension, the recipient shall resume the suspended activities or the project unless, prior to the expiration date, DOE notifies the recipient in writing of an extension (within the permissible limits cited above). 11. If DOE closes out a grant without an audit or without benefit of an organization-wide or single audit covering the full period of DOE support, the grantee shall refund to DOE the amount of any costs subsequently disallowed under the closed out grant on the basis of any applicable audit report received subsequent to closeout. 12. Because DOE has a responsibility to disseminate scientific and technical information under 42 USC 2051(d), 42 USC 2161(b) and 42 USC 2166(b), the recipient agrees, for all copyrighted computer

software produced in the performance of this agreement, to provide the source code, an expanded abstract, object code and the minimum support documentation needed by a competent user to understand and use the software to DOE's Energy Science and Technology Software Center, P.O. Box 1020, Oak Ridge, TN 37831. C. To the extent not otherwise treated in these agency-specific requirements or in the General Terms and Conditions, DOE and its Contracting Officers shall be bound by the provisions of 10 CFR 600 and any applicable program rules which (a) limit DOE's right to take unilateral actions, (b) establish a right to the recipient, or (c) establish due process requirements.

Sign up to vote on this title
UsefulNot useful