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purposes of the project; (e) a description of the methods by which representatives from public and other nonprofit agencies interested in the establishment and utilization of workshops and rehabilitation facilities will be involved in the planning effort either as individual consultants or as an Advisory Council; (f) a description of how this planning effort will be closely coordinated with the Statewide planning provided for in subpart G and with other related planning in the State authorized under the Vocational Rehabilitation Act or other authority; (g) an agreement to make such financial and administrative reports and to keep such records and accounts as the Commissioner may require and to make such records and accounts available for audit purposes; (h) an agreement to submit a project report, hereinafter referred to as the workshops and rehabilitation facilities plan, to the regional representative at the termination of the initial State planning grant; and (i) such other information as the Commissioner may require.

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A State planning project may extend for a period continuing up to July 1, 1970. Initial State planning grants for workshops and rehabilitation facilities shall be available for a 12-month period. Continuation planning grants shall be available for 12-month periods commencing with the termination of the initial grant or subsequent continuation grants. An application for a continuation grant shall include a proposed budget, an agreement to review and update the workshops and rehabilitation facilities plan, and such other provisions as the Commissioner may require. § 401.145

Workshops and rehabilitation facilities plan: content.

The State workshops and rehabilitation facilities plan shall include (a) an inventory of existing workshops and rehabilitation facilities within the State, or which can be readily utilized although located outside the State, and a description of services provided therein; (b) an evaluation of utilization patterns of existing workshops and facilities and their utilization potential; (c) a determination of needs for new workshops and rehabilitation facilities throughout the State including (1) relative needs on a geographical and disability basis, (2) a priority list of programmed projects

over a short-range period, and (3) longrange goals through 1975; (d) a description of continuing activities of the State agency in the area of workshops and rehabilitation facilities as evidenced by anticipated programs under the Vocational Rehabilitation Act, the Medical Facilities Survey and Construction Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act, and other pertinent authority; (e) a description of continuing coordination of this planning with other planning activities within the State which involve workshops and rehabilitation facilities; and (f) such other information as the Commissioner may require. § 401.146 Federal financial participation.

Federal financial participation shall be available for salaries (including fringe benefits) of employees who are assigned full- or part-time specifically to the planning activities, cost of travel of project staff or consultants, fees or honoraria for special consultants who are not regular full-time employees of the State or the Federal Government or of federally sponsored projects (except that such full-time employees of institutions of higher learning may receive fees or honoraria in accordance with generally applicable policies of the institution and within limits specified by the Vocational Rehabilitation Administration), expenses attendant to the operation of an Advisory Council, services provided to the project under contract with planning organizations as set forth in the approved application, preparation and distribution of the State workshops and rehabilitation facilities plan and amendments, and such other costs as are set forth in the approved application. The amount of any grant under this subpart shall not exceed 90 per centum of the cost of the project and shall not be greater than $75,000 for any one year. A minimum grant, the amount of which will be determined in the light of the Federal appropriation, shall be available for each year to any State which submits an acceptable application. § 401.147

Payments.

Payment of the Federal share of the costs of the State planning project shall be made quarterly, or for such other period as the Commissioner may determine, as an advance for estimated costs or as reimbursement to the grantee.

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bilitation facilities.

402.43 Applications.

402.44 Approval of State agency.

402.45 Federal financial participation.

402.46

402.47

Payments.

Termination.

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402.92

Termination.

402.93 Factors considered in evaluating

proposals.

SOURCE: The provisions of this Part 402 appear at 31 F.R. 514, Jan. 14, 1966, unless otherwise noted.

Subpart A-General

AUTHORITY: The provisions of this Subpart A issued under sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b).

§ 402.1

Terms.

For the purposes of this subpart―

(a) The terms "Act," "Commissioner," "handicapped individual," "nonprofit," "rehabilitation facility," "Secretary," "State," "State agency," "State vocational rehabilitation agency," and "workshop" shall, except where the context indicates otherwise, have the same meanings as set forth in § 401.1 of this chapter.

(b) "Construction" includes construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered, or renovated buildings.

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to pay part of the cost, the matching grantee funds may not consist of other Federal funds or of non-Federal funds that are applied to match other Federal funds. No Federal financial assistance may be furnished under this part for activities for which payment is made under Part 401 of this chapter, Part 403 of this chapter, or other authority. § 402.3 Consultant fees.

Fees or honoraria for special consultants may not be paid in connection with activities under this part to individuals who are regular full-time employees of the State or the Federal Government or of federally sponsored projects, except that such full-time employees of institutions of higher learning may receive fees or honoraria in accordance with generally applicable policies of the institution and within the limits specified by the Vocational Rehabilitation Administration.

Subpart B-Project Development
Grants

AUTHORITY: The provisions of this Subpart B issued under sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b).

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Applications for project development grants may be made at any time by public or other nonprofit agencies, institutions, or organizations which are either already operating or are studying the feasibility of developing a workshop or rehabilitation facility. Applications shall be made in the form and detail required by the Commissioner and shall include (a) a statement of the purpose of the project; (b) designation of a project director; (c) description of the nature and scope of the activities of the applicant; (d) description of the nature and scope of the activities to be undertaken, the methods to be used in accomplishing the purpose and the planning staff available; (e) a proposed budget; (f) identification of community resources to be represented in the planning ac

tivity; (g) an agreement to make such financial and administrative reports and to keep such records and accounts as the Commissioner may require and to make such records and accounts available for audit purposes; and (h) such other information as the Commissioner may require.

§ 402.12

Consultation with and approval of application by State agency.

(a) The applicant shall be responsible for securing the advice and assistance of the appropriate State vocational rehabilitation agency or agencies in the development of an application. Applications shall be reviewed by the appropriate vocational rehabilitation agency or agencies for approval. Approved applications shall be forwarded to the regional representative for Vocational Rehabilitation Administration review for approval. The State agency shall indicate the relationship of the project to the purposes and priorities of the State workshops and rehabilitation facilities plan.

(b) Each applicant shall be notified in writing of the action on the application. Where applications are disapproved by the State agency, the applicant shall be notified by the State agency, giving the reasons for disapproval, and the State agency shall forward a copy of its letter to the Vocational Rehabilitation Administration.

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Project development grants shall be awarded for specified periods of not more than 12 months. Project development grants may be extended for periods beyond 12 months only under unusual circumstances.

§ 402.14 Project reports.

The final project development grant report shall be submitted to the appropriate State vocational rehabilitation agency at the termination of the grant period, and shall document such planning studies as (a) the sources of potential clients and disability groups to be served in the facility; (b) the services to be provided in the facility and the proposed staffing plan; (c) the relationship of the proposed program to the programs of existing facilities and agencies in the area; (d) the participation of community planning agencies and community health, welfare and social service agencies in the planning effort and evidence of both program and financial support of these agencies for the new or

expanded facility; (e) in the case of a workshop, the expected sources of industrial subcontracting or other types of work and evidence of the interest of representatives of industry and labor; (f) the anticipated relationship of the State vocational rehabilitation agency to the new program as agreed to by the State agency; (g) proposed compliance with applicable safety and labor standards; and (h) a proposed plan for financing of construction and operation of the new or expanded facility.

§ 402.15 Federal financial participation.

Federal financial participation shall be available for salaries (including fringe benefits) of additional personnel assigned directly to the project; consultation fees or honoraria for special consultants; staff or consultant travel; expenditures for costs of volunteers in the project; preparation of the report; only such architectural planning as is incidental to program planning, but not including working drawings; and such other costs as are set forth in the approved application. The amount of a grant shall not exceed 90 per centum of the cost of the project.

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An application may be submitted at any time by a State vocational rehabilitation agency or any other public or nonprofit organization or agency which operates or proposes to operate a public or other nonprofit workshop or rehabilitation facility. Applications shall be made in the form and detail required by the Commissioner and, to the extent applicable, shall include (a) a detailed estimate of the cost of the project; (b) a description of applicant's financial resources for the project; (c) a description of both the applicant's existing and proposed program of services; (d) in the case of a private, nonprofit workshop, a statement that applicable Federal and State wage and hour standards will be observed or, in the case of a workshop operated by a State, county or municipal government, a statement that the workshop will comply with wage and hour standards specified by the Commissioner, which will be at least equal to those imposed by the Federal Fair Labor Standards Act; (e) in the case of a workshop, a description of the expected sources of industrial subcontracting and other types of work; (f) a description of the existing and the proposed staffing plans; (g) a description of the relationships of the applicant agency to the State vocational rehabilitation agency or agencies and to other facilities and agencies in the community; (h) a description of community support for the project and preliminary project planning; (i) in the case of proposed acquisition of buildings or land, a statement as to its suitability for workshop or rehabilitation facility purposes and evidence of its value as determined by qualified assessors; (j) an itemized equipment list including all requested initial equipment; (k) a set of schematic drawings of the proposed project; and (1) such other information as the Commissioner may require.

§ 402.22

Assurances from applicant.

In addition to any other requirements imposed by law, each construction grant shall be subject to the condition that the applicant will furnish and comply with the following assurances. The Commissioner may, at any time, approve exceptions to those conditions and assurances where he finds that such exceptions are not inconsistent with the act and the purposes of the program:

(a) That the applicant has or will have a fee simple or such other estate or interest in the site, including necessary easements and rights-of-way, sufficient to assure for a period of not less than 50 years undisturbed use and possession for the purpose of the construction and operation of the facility.

(b) That the Commissioner's approval of the final working drawings and specifications, which conform to the standards of construction and equipment, specified by the Commissioner, and comply with regulations of the Secretary of Labor relating to safety standards, will be obtained before the project is advertised or placed on the market for bidding.

(c) That the applicant will perform actual construction work by the lumpsum (fixed price) contract method; employ adequate methods of obtaining competitive bidding prior to awarding the construction contract, either by public advertising or circularizing three or more bidders; and award the contract to the responsible bidder submitting the lowest acceptable bid.

(d) That applicant will enter into no construction contract or contracts for the project or a part thereof, the cost of which is in excess of the estimated cost approved in the application for that portion of the work covered by the plans and specifications, without the prior approval of the Commissioner.

(e) That applicant will submit to the Commissioner for prior approval changes that substantially alter the scope of work, function, utilities or safety of the facility.

(f) That applicant will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications.

(g) That applicant will maintain adequate and separate accounting and fiscal records and accounts for all funds provided from any source to pay the cost of the project, and permit audit of such

records and accounts at any reasonable times.

(h) That applicant will furnish progress reports and such other information as the Commissioner may require.

(i) That applicant will provide and maintain competent and adequate architectural or engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications.

(j) That sufficient funds will be available to meet the non-Federal share of the cost of construction. Availability of funds for the non-Federal share of construction costs shall mean (1) funds immediately available, placed in escrow, or acceptably pledged, or (2) funds or fund sources specifically earmarked in a sum sufficient for that purpose, or (3) other assurances acceptable to the Commissioner.

(k) That sufficient funds will be available, when construction of the project is completed, for its effective use as a workshop or rehabilitation facility as evidenced by a proposed operating budget for the 2-year period immediately following completion of the project.

(1) (1) That any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined under the DavisBacon Act (40 U.S.C. 276 et seq.) and will receive compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in any workweek in excess of 8 hours in any calendar day or 40 hours in the workweek (40 U.S.C. 327-332); and

(2) That the following conditions and provisions will be included in all construction contracts:

(1) Provisions pertaining to the Copeland Act (Anti-Kickback) Regulations and Labor Standards (prevailing rates of pay and overtime requirements) except in the case of contracts in the amount of $2,000.00 or less.

(li) The contractor shall furnish performance and payment bonds, each of which shall be in the full amount of the contract price, and shall maintain, during the life of the contract, adequate fire. workmen's compensation, public liability and property damage insurance.

(iii) Representatives of the Commissioner will have access at all reasonable

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