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purposes of the project; (e) a description over a short-range period, and (3) longof the methods by which representa range goals through 1975; (d) a descriptives from public and other nonprofit tion of continuing activities of the State agencies interested in the establishment agency in the area of workshops and reand utilization of workshops and reha habilitation facilities as evidenced by anbilitation facilities will be involved in the ticipated programs under the Vocational planning effort either as individual con Rehabilitation Act, the Medical Facilities sultants or as an Advisory Council; (f) Survey and Construction Act, the Mena description of how this planning effort tal Retardation Facilities and Commuwill be closely coordinated with the nity Mental Health Centers ConstrucStatewide planning provided for in sub tion Act, and other pertinent authority: part G and with other related planning (e) a description of continuing coordiin the State authorized under the Vo nation of this planning with other plancational Rehabilitation Act or other au ning activities within the State which thority; (g) an agreement to make such involve workshops and rehabilitation fafinancial and administrative reports and cilities; and (f) such other information to keep such records and accounts as as the Commissioner may require. the Commissioner may require and to

$ 401.146 Federal financial participamake such records and accounts avail

tion. able for audit purposes; (h) an agreement to submit a project report, herein

Federal financial participation shall after referred to as the workshops and

be available for salaries (including fringe rehabilitation facilities plan, to the re

benefits) of employees who are assigned gional representative at the termina

full- or part-time specifically to the tion of the initial State planning grant;

planning activities, cost of travel of and (i) such other information as the

project staff or consultants, fees or hon. Commissioner may require.

oraria for special consultants who are

not regular full-time employees of the $ 401.144 Duration of project.

State or the Federal Government or of A State planning project may extend federally sponsored projects (except for a period continuing up to July 1, that such full-time employees of insti1970. Initial State planning grants for

tutions of higher learning may receive workshops and rehabilitation facilities

fees or honoraria in accordance with shall be available for a 12-month period. generally applicable policies of the instiContinuation planning grants shall be

tution and within limits specified by the available for 12-month periods com

Vocational Rehabilitation Administramencing with the termination of the tion), expenses attendant to the operainitial grant or subsequent continuation

tion of an Advisory Council, services progrants. An application for a continua

vided to the project under contract with tion grant shall include a proposed

planning organizations as set forth in budget, an agreement to review and up

the approved application, preparation date the workshops and rehabilitation

and distribution of the State workshops facilities plan, and such other provisions

and rehabilitation facilities plan and as the Commissioner may require.

amendments, and such other costs as are

set forth in the approved application. $ 401.145 Workshops and rehabilitation The amount of any grant under this subfacilities plan: content.

part shall not exceed 90 per centum of The State workshops and rehabilita

the cost of the project and shall not be tion facilities plan shall include (a) an

greater than $75,000 for any one year. inventory of existing workshops and re

A minimum grant, the amount of which habilitation facilities within the State,

will be determined in the light of the or which can be readily utilized although

Federal appropriation, shall be availlocated outside the State, and a descrip

able for each year to any State which tion of services proviaed therein; (b) an submits an acceptable application. evaluation of utilization patterns of ex $ 401.147 Payments. isting workshops and facilities and their utilization potential; (c) a determina

Payment of the Federal share of the tion of needs for new workshops and

costs of the State planning project shall rehabilitation facilities throughout the be made quarterly, or for such other peState including (1) relative needs on a riod as the Commissioner may detergeographical and disability basis, (2) a mine, as an advance for estimated costs priority list of programmed projects or as reimbursement to the grantee.

The initial payment shall be made Subpart G-National Policy and Performance shortly after the application has been

Council approved.

Sec.
402.70 Appointment and composition.

402.71 Term of office. PART 402-PROJECT GRANTS AND

402.72 Duties. ASSISTANCE FOR WORKSHOPS 402.73 Per diem payments. AND REHABILITATION FACILITIES Subpart H-Grants for Projects for Training

Services
Subpart A-General

402.75 Purpose. Sec.

402.76 Terms. 402.1 Terms.

402.77 Eligible applicants. 402.2 Non-Federal funds. 402.3 Consultant fees.

402.78 Qualification of workshops and re

habilitation facilities. Subpart Project Development Grants 402.79 Application procedure. 402.10 Purpose.

402.80 Application content.

402.81 Assurances from applicant. 402.11 Applications.

402.82 Site survey of workshops and reha402.12 Consultation with and approval of

bilitation facilities. application by State agency.

402.83 Selection of individuals to enter a 402.13 Duration of project. 402.14 Project reports.

project for training services.

402.84 Weekly training allowances. 402.15 Federal financial participation.

402.85 Factors considered in determining 402.16 Payments.

the amount of weekly training Subpart C-Grants for Construction of Workshops

allowances. and Rehabilitation Facilities

402.86 Factors considered in adjustment of

weekly training allowances. 402.20 Purpose.

402.87 Federal financial participation. 402.21 Applications.

402.88 Grant awards. 402.22 Assurances from applicant.

402.89 Payments. 402.23 Approval of State agency.

402.90 Reports. 402.24 Amendment to an approved appli

402.91 Project revision. cation.

402.92 Termination. 402.25 Distribution of funds.

402.93 Factors considered in evaluating 402.26 Factors considered in evaluating

proposals. proposals. 402.27 Federal financial participation.

SOURCE: The provisions of this part 402 ap402.28 Construction payments.

pear at 31 F.R. 514, Jan. 14, 1966, unless 402.29 Construction standards.

otherwise noted.
402.30 Recovery: good cause for other use
of facility.

Subpart A-General
Subpart D-Initial Staffing Grants

AUTHORITY: The provisions of this Subpart

A issued under sec. 7(b), 68 Stat. 658, 29 402.40 Purpose.

U.S.C. 37(b). 402.41 Professional and technical staff. 402.42 Construction of workshops or reha

$ 402.1 Terms. bilitation facilities.

For the purposes of this subpart402.43 Applications.

(a) The terms "Act," "Commissioner," 402.44 Approval of State agency. 402.45 Federal inancial participation.

"handicapped individual,” "nonprofit," 402.46 Payments.

“rehabilitation facility,” “Secretary," 402.47 Termination.

"State," "State agency," "State voca

tional rehabilitation agency," and "workSubpart Workshop Improvement Grants

shop" shall, except where the context 402.50 Purpose.

indicates otherwise, have the same mean402.51 Eligible applicants.

ings as set forth in § 401.1 of this chapter. 402.52 Applications.

(b) "Construction" includes construc402.53 Technical assistance consultation. 402.54 Review by State agency.

tion of new buildings, acquisition of ex402.55 Federal financial participation.

isting buildings, and expansion, remod402.56 Grant awards.

eling, alteration, and renovation of 402.57 Distribution of funds.

existing buildings, and initial equipment 402.58 Payments.

of such new, newly acquired, expanded, 402.59 Reports.

remodeled, altered, or renovated build402.60 Termination.

ings. Subpart Technical Assistance to Workshops

& 402.2 Non-Federal funds. 402.65 Furnishing of technical assistance. In the case of any project under this 402.66 Recommendations and reports. part for which Federal funds are granted

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). § 402.10 Purpose.

Project development grants authorized in section 12(g) (2) of the act shall be made for the purpose of paying part of the cost of organized, identifiable activities which are undertaken for the program planning for, and the development of a project for the construction of a specific workshop or rehabilitation facility. § 402.11 Applications.

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. § 402.13 Duration of project.

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; expendi. tures 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. $ 402.16 Payments.

Payment of the Federal share of the costs of the 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. The initial payment shall be made shortly after the application has been approved. Subpart C-Grants for Construction

of Workshops and Rehabilitation Facilities AUTHORITY: The provisions of this Subpart C issued under sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b). $ 402.20 Purpose.

Under section 12 of the act, grants may be made to pay part of the cost of the construction of public or other nonprofit workshops and rehabilitation facilities. Construction of workshops and rehabilitation facilities may include construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such newly acquired, expanded, remodeled, altered, or renovated buildings. The cost of construction of workshops and re

habilitation facilities may include the cost of architectural fees and acquisition of land in connection with construction, but may not include the cost of off-site improvement. Construction of a workhop may also include such construction as may be necessary to provide residential accommodations for use in connection with the rehabilitation of mentally retarded individuals and individuals with severe problems of mobility. § 402.21 Applications.

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 work. shop 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. records and accounts at any reasonable

times. In addition to any other requirements

(h) That applicant will furnish proimposed by law, each construction grant shall be subject to the condition that the

gress reports and such other information

as the Commissioner may require. applicant will furnish and comply with the following assurances. The Commis

(i) That applicant will provide and sioner may, at any time, approve excep

maintain competent and adequate archi. tions to those conditions and assurances

tectural or engineering supervision and where he finds that such exceptions are

inspection at the construction site to not inconsistent with the act and the

insure that the completed work conforms

with the approved plans and specificapurposes of the program:

tions. (a) That the applicant has or will

(j) That sufficient funds will be avail. have a fee simple or such other estate

able to meet the non-Federal share of or interest in the site, including neces

the cost of construction. Availability of sary easements and rights-of-way, suf

funds for the non-Federal share of conficient to assure for a period of not less

struction costs shall mean (1) funds imthan 50 years undisturbed use and pos

mediately available, placed in escrow, or session for the purpose of the construc

acceptably pledged, or (2) funds or fund tion and operation of the facility.

sources specifically earmarked in a sum (b) That the Commissioner's approval

sufficient for that purpose, or (3) other of the final working drawings and speci

assurances acceptable to the Commisfications, which conform to the stand

sioner. ards of construction and equipment,

(k) That sufficient funds will be availspecified by the Commissioner, and com

able, when construction of the project is ply with regulations of the Secretary of

completed, for its effective use as a work. Labor relating to safety standards, will be

shop or rehabilitation facility as eviobtained before the project is advertised

denced by a proposed operating budget or placed on the market for bidding.

for the 2-year period immediately follow(c) That the applicant will perform

ing completion the project. actual construction work by the lump

(1) (1) That any laborer or mechanic sum (fixed price) contract method; employ adequate methods of obtaining com

employed by any contractor or subcon

tractor in the performance of work on petitive bidding prior to awarding the

the construction of the facility will be construction contract, either by public

paid wages at rates not less than those advertising or circularizing three or more bidders; and award the contract to the

prevailing on similar construction in the

locality as determined under the Davisresponsible bidder submitting the low

Bacon Act (40 U.S.C. 276 et seq.) and est acceptable bid.

will receive compensation at a rate not (d) That applicant will enter into no

less than one and one-half times his construction contract or contracts for

basic rate of pay for all hours worked in the project or a part thereof, the cost

any workweek in excess of 8 hours in any of which is in excess of the estimated

calendar day or 40 hours in the workweek cost approved in the application for that

(40 U.S.C. 327-332); and portion of the work covered by the plans

(2) That the following conditions and and specifications, without the prior approval of the Commissioner.

provisions will be included in all con

struction contracts: (e) That applicant will submit to the

(1) Provisions pertaining to the CopeCommissioner for prior approval changes that substantially alter the scope of work,

land Act (Anti-Kickback) Regulations

and Labor Standards (prevailing rates of function, utilities or safety of the facility.

pay and overtime requirements) except

in the case of contracts in the amount of (f) That applicant will construct the

$2,000.00 or less. project, or cause it to be constructed,

(ii) The contractor shall furnish perto final completion in accordance with the application and approved plans and

formance and payment bonds, each of

which shall be in the full amount of the specifications.

contract price, and shall maintain, dur(g) That applicant will maintain ade

ing the life of the contract, adequate fire, quate and separate accounting and fiscal

workmen's compensation, public liability records and accounts for all funds pro and property damage insurance. vided from any source to pay the cost (iil) Representatives of the Commisof the project, and permit audit of such sioner will have access at all reasonable

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