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shall be retained for 3 years after final disposition.
(3) When records are transferred to or maintained by DOE, the 3-year retention requirement is not applicable to the recipient.
(4) Indirect cost rate proposals, cost allocations plans, and related records, for which retention requirements are specified in 8600.153(g).
(c) Copies of original records may be substituted for the original records if authorized by DOE.
(d) DOE shall request transfer of certain records to its custody from recipients when it determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, DOE may make arrangements for recipients to retain any records that are continuously needed for joint use.
(e) DOE, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of recipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to a recipient's personnel for the purpose of interview and discussion related to such documents. The rights of access in this paragraph are not limited to the required retention period, but shall last as long as records are retained.
(1) Unless required by statute, DOE shall place no restrictions on recipients that limit public access to the records of recipients that are pertinent to an award, except when DOE can demonstrate that such records shall be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) if the records had belonged to DOE.
(8) Paragraphs (g)(1) and (g)(2) of this section apply to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable
(such as computer usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the recipient submits to the Federal agency responsible for negotiating the recipient's indirect cost rate or the subrecipient submits to the recipient the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts on the date of such submission.
(2) If not submitted for negotiation. If the recipient is not required to submit to the cognizant Federal agency or the subrecipient is not required to submit to the recipient the proposal, plan, or other computation for negotiation purposes, then the 3-year retention period for the proposal, plan, or other computation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation.
(h) If, by the terms and conditions of the award, the recipient or subrecipient,
(1) Is accountable for program income earned or received after the end of the project period or after the termination of an award or subaward, or
(2) If program income earned during the project period is required to be ap plied to costs incurred after the end of the project period or after termination of an award or subaward, the record retention period shall start on the last day of the recipient's or subrecipient's fiscal year in which such income was earned or received or such costs were incurred. All other program income records shall be retained in accordance with $ 600.153(b).
Termination and Enforcement 8600.160 Purpose of termination and
enforcement. Sections 600.161 and 600.162 set forth uniform suspension, termination and enforcement procedures. 8600.161 Termination.
(a) Awards may be terminated in whole or in part only if paragraph (a) (1), (2) or (3) of this section apply.
(1) By DOE, if a recipient materially fails to comply with the terms and conditions of an award.
(2) By DOE with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.
(3) By the recipient upon sending to DOE written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if DOE determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, it may terminate the award in its entirety under either paragraph (a) (1) or (2) of this section.
(b) If costs are allowed under an award, the responsibilities of the recip ient referred to in 8600.171(a), including those for property management as ap plicable, shall be considered in the termination of the award, and provision shall be made for continuing responsibilities of the recipient after termination, as appropriate. 8600.162 Enforcement.
(a) Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, DOE may, in addition to imposing any of the special conditions outlined in $600.114, take one or more of the following actions, as appropriate in the circumstances.
(1) Temporarily withhold cash payments pending correction of the deficiency by the recipient or more severe enforcement action by DOE.
(2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
(3) Wholly or partly suspend or terminate the current award.
(4) Withhold further awards for the project or program.
(5) Take other remedies that may be legally available.
(b) Hearings and appeals. In taking an enforcement action, DOE shall pro
vide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute or regulation applicable to the action involved.
(c) Effects of suspension and termination. Costs of a recipient resulting from obligations incurred by the recipient during a suspension or after termination of an award are not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if paragraph (c) (1) and (2) of this section apply.
(1) The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are noncancellable.
(2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
(d) Relationship to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude a recipient from being subject to debarment and suspension under 10 CFR part 1036.
Sections 600.171 through 600.173 contain closeout procedures and other procedures for subsequent disallowances and adjustments. 80 8 600.171 Closeout procedures.
(a) Recipients shall submit, within 90 calendar days after the date of completion of the award, all financial, performance, and other reports as required by the terms and conditions of the award. DOE may approve extensions when requested by the recipient.
(b) Unless DOE authorizes an extension, a recipient shall liquidate all obligations incurred under the award not later than 90 calendar days after the funding period or the date of completion as specified in the terms and con
ditions of the award or in agency im- continuing responsibilities of the recipplementing instructions.
ient, as appropriate. (c) DOE shall make prompt payments to a recipient for allowable reimburs
8600.173 Collection of amounts due. able costs under the award being closed (a) Any funds paid to a recipient in out.
excess of the amount to which the re(d) The recipient shall promptly re cipient is finally determined to be entifund any balances of unobligated cash tled under the terms and conditions of that DOE has advanced or paid and the award constitute a debt to the Fedthat is not authorized to be retained by eral Government. If not paid within a the recipient for use in other projects. reasonable period after the demand for OMB Circular A-129 governs payment, DOE may reduce the debt by unreturned amounts that become de paragraph (a) (1), (2) or (3) of this seclinquent debts.
tion. (e) When authorized by the terms and (1) Making an administrative offset conditions of the award, DOE shall against other requests for reimbursemake a settlement for any upward or ments. downward adjustments to the Federal (2) Withholding advance payments share of costs after closeout reports are otherwise due to the recipient. received.
(3) Taking other action permitted by (1) The recipient shall account for statute. any real and personal property ac
(b) Except as otherwise provided by quired with Federal funds or received law, DOE shall charge interest on an from the Federal Government in ac- overdue debt in accordance with 4 CFR cordance with $$ 600.131 through 600.137. Chapter II, "Federal Claims Collection
(8) In the event a final audit has not Standards." been performed prior to the closeout of an award, DOE shall retain the right to
Additional Provisions recover an appropriate amount after 8600,180 Purpose. fully considering the recommendations on disallowed costs resulting from the
The purpose of “Additional Provifinal audit.
sions" is to provide additional rules for
certain types of recipients which are 8 600.172 Subsequent adjustments and otherwise covered by 10 CFR part 600, continuing responsibilities.
subpart B when they are performing (a) The closeout of an award does not
under Small Business Innovation Reaffect any of the following.
search grants. (1) The right of DOE to disallow costs 8600.181 Special provisions for small and recover funds on the basis of a business innovation research later audit or other review.
grants. (2) The obligation of the recipient to
(a) General. This section contains return any funds due as a result of
provisions applicable to the Small later refunds, corrections, or other
Business Innovation Research (SBIR) transactions.
Program. This codifies six class devi(3) Audit requirements in $ 600.126. ations pertaining to the SBIR program. (4) Property management require
(b) Provisions Applicable to Phase I ments in $$ 600.131 through 600.137.
SBIR Awards. Phase I SBIR awards (5) Records retention as required in may be made on a fixed obligation $ 600.153.
basis, subject to the following require(b) After closeout of an award, a rela ments: tionship created under an award may (1) While proposed costs must be anabe modified or ended in whole or in lyzed in detail to ensure consistency part with the consent of DOE and the with applicable cost principles, inrecipient, provided the responsibilities curred costs are not subject to regulaof the recipient referred to in para- tion by the standards of cost allowgraph 600.173(a), including those for ability; property management as applicable, (2) Although detailed budgets are are considered and provisions made for submitted by a recipient and reviewed
by DOE for purposes of establishing the amount to be awarded, budget categories are not stipulated in making an award;
(3) Prior approval from the DOE for rebudgeting among categories by the recipient is not required. Prior approval from DOE is required for situations involving sole source or single bid procurements as provided in $600.181(a)(2). Prior approval from DOE is also required for any variation from the requirement under the SBIR program that no more than one-third of Phase I work can be done by sub-contractors or consortium partners;
(4) Pre-award expenditure approval is not required;
(5) Payments are to be made in the same manner as other financial assistance (see $ 600.122), except that, when determined appropriate by the cognizant program official and contracting officer, a lump sum payment may be made. If a lump sum payment is made, the award must be conditioned to require the recipient to return to DOE amounts remaining unexpended at the end of the project if those amounts exceed $500;
(6) Recipients will certify in writing to the Contracting Officer at the end of the project that the activity was completed or the level of effort was expended. Should the activity or effort not be carried out, the recipient would be expected to make appropriate reimbursements;
(7) Requirements for periodic reports may be established for each award so long as they are consistent with $ 600.151;
(8) Changes in principal investigator or project leader, scope of effort, or institution, require the prior approval of DOE.
(c) Provision Applicable to Phase II SBIR Awards. Phase II SBIR awards may be made for a single budget period of 24 months.
(d) Provisions Applicable to Phase I and Phase II SBIR Awards.
(1) The prior approval of the cognizant DOE Contracting Officer is required before the final budget period of the project period may be extended without additional funds.
(2) A recipient or subrecipient must receive the prior written approval of
the awarding party before entering into any sole source contract or a contract where only one bid or proposal is received when the value of the contract is expected to exceed $25,000 in the aggregate.
(3) A fee or profit may be paid to SBIR recipients. APPENDIX A TO SUBPART B TO PART
600_CONTRACT PROVISIONS All contracts, awarded by a recipient including small purchases, shall contain the following provisions as applicable:
1. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with E.O. 11246, “Equal Employment Opportunity," as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland “Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)-All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to 2-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in & wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.$ 12549 and 12689)—Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.S 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals.
be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333)—Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 112 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended-Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
Subpart C-Uniform Administrative
Requirements for Grants and
SOURCE: 53 FR 8045, 8087, Mar. 11, 1988, unless otherwise noted. Redesignated at 59 FR 53264, Oct. 21, 1994.
EDITORIAL NOTE: For additional information, see related documents published at 49 FR 24958, June 18, 1984, 52 FR 20178, May 29, 1987, and 53 FR 8028, Mar. 11, 1988.
8600.200 Purpose and scope of this
subpart. This subpart establishes uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian tribal governments. $ 600.201 Scope of $$ 600.200 through
600.205. This section contains general rules pertaining to this part and procedures for control of exceptions from this subpart.
As used in this part: