Loading...
SPECIAL TERMS AND CONDITIONSU 5. OFPARTMFNT OF ENERGY Energy Efficiency & Renewable Energy EECBG Program Special Terms and Conditions Special Terms and Conditions Entity Name: City of Clearwater ("Recipient"), which is identified in the Assistance Agreement, and the Office of State and Community Energy Programs ("SCEP"), and Energy Efficiency and Conservation Block Grant Program ("EECBG"), an office within the United States Department of Energy ("DOE"), enters into this Award, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award. This Award consists of the following documents, including all terms and conditions therein: Special Terms and Conditions Attachment 1 Federal Assistance Reporting Checklist (FARC)1 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://www.eCFR.gov. • National Policy Requirements (November 12, 2020) at http://www.nsf.gov/awards/managing/rtc.jsp. • The Recipient's application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL). 1 The FARC will be provided at a later date. 2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal Template Version 12/19/2023 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions Table of Contents Subpart A. General Provisions 4 Term 1. Legal Authority and Effect 4 Term 2. Flow Down Requirement 4 Term 3. Compliance with Federal, State, and Municipal Law 4 Term 4. Inconsistency with Federal Law 4 Term 5. Federal Stewardship 4 Term 6. NEPA Requirements 4 Term 7. Notice Regarding the Purchase of American -Made Equipment and Products - Sense of Congress 5 Term 8. Reporting Requirements 5 Term 9. Lobbying 5 Term 10. Publications 5 Term 11. No -Cost Extension 6 Term 12. Property Standards 6 Term 13. Insurance Coverage 6 Term 14. Real Property 7 Term 15. Equipment 7 Term 16. Supplies 8 Term 17. Property Trust Relationship 8 Term 18. Record Retention 8 Term 19. Audits 8 Term 21. Foreign National Participation 9 Term 22. Post -Award Due Diligence Reviews 9 Subpart B. Financial Provisions 10 Term 23. Maximum Obligation 10 Term 24. Refund Obligation 10 Term 25. Allowable Costs 10 Term 26. Decontamination and/or Decommissioning (D&D) Costs 10 Term 27. Use of Program Income 10 Term 28. Payment Procedures 11 Term 29. Budget Changes 11 Subpart C. Miscellaneous Provisions 12 Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities 12 Term 31. System for Award Management and Universal Identifier Requirements 12 Term 32. Nondisclosure and Confidentiality Agreements Assurances 14 Term 33. Contractor Change Notification 15 Term 34. Recipient Integrity and Performance Matters 16 Term 35. Export Control 18 Term 36. Interim Conflict of Interest Policy for Financial Assistance 18 Term 37. Organizational Conflict of Interest 18 Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 19 Term 39. Human Subjects Research 20 Term 40. Fraud, Waste and Abuse 21 Subpart D. Bipartisan Infrastructure Law (BIL) -specific requirements 21 Term 41. Reporting, Tracking and Segregation of Incurred Costs 21 2 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions Term 42. Davis -Bacon Requirements 22 Term 43. Buy American Requirement for Infrastructure Projects 23 Term 44. Affirmative Action and Pay Transparency Requirements 29 Term 45. Potentially Duplicative Funding Notice 29 Term 46. Transparency of Foreign Connections 29 Term 47. Foreign Collaboration Considerations 30 3 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions Subpart A. General Provisions Term 1. Legal Authority and Effect A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer. The Recipient may accept or reject the Award. Acknowledgement of award documents by the Recipient's authorized representative through electronic systems used by DOE, specifically The EECBG Program Voucher Portal (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 authorized 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 contractors and to require their strict compliance therewith. Term 3. Compliance with Federal, 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 referred to the DOE Award Administrator for guidance. Term 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 technical 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 4 U.S. DEPARTMENT OF ENERGY Energy Efficiency & Renewable Energy Special Terms and Conditions NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Application approved by the Contracting Officer and the DOE 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 DOE NEPA Determination. If the Recipient later intends to add to or modify the activities or locations as described in the approved Application and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional 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 written 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 American-made. Term 8. Reporting Requirements The reporting requirements for this Award are 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 result in withholding of future payments, suspension, or 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 or 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. 5 Term 10. Publications U.B. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy 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: • Acknowledgment: "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" • Full 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 those of the United States Government or any agency thereof." Abridged Legal Disclaimer: "The views expressed herein do not necessarily represent the views of the U.S. Department 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 Disclaimer is an acceptable alternative. Term 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 Officer 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 Standards 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 additional requirements for real property and equipment for For - Profit recipients. Term 13. Insurance Coverage U.S. DEPARTMENT OF Energy Efficiency 9 ENERGY Renewable Energy! Special Terms and Conditions 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 200.311 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 purpose. 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 DOE 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 pertaining to real property acquired or improved under a Federal award. Term 15. Equipment Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired 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, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii). Management requirements, including inventory and control 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 otherwise disposed of with no further obligation to DOE; (2) Non -Federal entity may retain title or sell the equipment after compensating DOE as U.S. DEPARTMENT OF Energy Efficiency lciency & ENERGY ! Renewable Energy Special Terms and Conditions 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 requirements pertaining to equipment acquired under a Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures. Term 16. Supplies See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices. Term 17. Property Trust Relationship Real 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 additional 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, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) 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 Recipient's financial records or administrative records relating to this Award at any time. Government -initiated audits are generally paid for by DOE. DOE 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 8 U.S. DEPARTMENT OF Energy Ef iciency ENERGY Renewable Energy Special Terms and Conditions with ongoing work, to the maximum extent practicable. 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 local 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 more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance. 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, DOE 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. 9 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 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 under the Indirect Cost Term. Term 25. Allowable Costs SCEP 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 reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit. Failure to provide SCEP adequate supporting documentation may result 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) Decontamination and/or Decommissioning (D&D) of any of the Recipient's facilities, or (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 work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award. Term 27. Use of Program Income io If the Recipient earns program income during the project period as a result of this Award, the U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives. Term 28. Payment Procedures A. Method of Payment Payment will be made by reimbursement by CFO through ACH. Equipment rebate voucher applications will 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 Drawdown of Federal 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 Documents 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 requests. 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 Contracting 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. 11 U.B. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions B. Transfers of Funds Among Direct Cost Categories 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 transfers 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 notify the DOE Technology Manager/Project Officer of any transfer of funds among direct 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 all 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 DOE -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 contractors. Term 31. System for Award Management and Universal Identifier Requirements A. Requirement for 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, whichever 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 12 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions is displayed on SAM.gov. If the Recipient is authorized to make subawards under this Award, the Recipient: i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) 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. Additional information about registration procedures may be found at the SAM Internet site (currently at ). ii. Unique Entity Identifier (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 all 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 term 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 project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients 13 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors). 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, fraud, 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: i. "These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling." 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. iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person 14 connected with the conduct of an intelligence or intelligence -related activity, U.B. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 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 an executive agency or the Department of Justice, 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 200 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 conflict of interest exists between the Recipient and the selected contractor and that the Recipient's written standards of conduct were followed.3 • A completed Environmental Questionnaire, if applicable. • An assurance that the contractor is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting contract agreement. 3 It is DOE's position that the existence of a "covered relationship" as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient's owners or senior management and a member of a subrecipient's owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE's position that these situations also create at a minimum an apparent conflict of interest. U.B. DEPARTMENT OF Energy Efficiency o ENERGY Renewable Energy Special Terms and Conditions The Recipient is responsible 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 Officer 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 contractor agreement. Term 34. Recipient Integrity and Performance Matters A. General 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. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance 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 or 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 reimbursement, restitution, or damages in excess of $100,000; or 16 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 4. Any other criminal, civil, or administrative proceeding if: a. It could have led to an outcome described in paragraph B.iii.1, 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. Reporting 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 Frequency During any period 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-year 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 awards) with a cumulative total value greater than $10,000,000, must disclose semiannually 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 (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance 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, cooperative agreements and procurement contracts includes - 17 U.B. DEPARTMENT OF Energy Efficiency & ENERGY ` Renewable Energy Special Terms and Conditions 1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and 2. The value of all expected funding increments under a Federal award and options, even if not yet exercised. Term 35. Export Control The United States government regulates the transfer of information, commodities, technology, 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. There 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 Control laws and regulations relating to any work performed under 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(s) to prevent future violations. Term 36. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- 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 agreement, or technology investment agreement) and, through the implementation of this policy 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 -Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports. Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; 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 18 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 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 DOE interim Conflict of Interest Policy for Financial Assistance at https://www.energy.gov/management/department-energy- interim-conflict-interest-policy-requirements-financial-assistance. 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 terminate 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 COI Policy to any contracting non -Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring contractor compliance with this term. If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest. Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non -Federal funds) to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) 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 surveillance of critical infrastructure, and other national security purposes, video 19 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services 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 of the National Intelligence or the Director of the Federal Bureau 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 (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the "Common Rule"), and 10 CFR Part 745, Protection of Human Subjects. Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board 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 prior to initiation of any project that will involve interactions 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 DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without: 20 U.B.DEPARTMENT OF L Energy Efficiency & ENERG i Renewable Energy Special Terms and Conditions 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 (IRB) 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 reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/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 (OIG) 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 required 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 21 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special 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 agreement is one-time funding. Term 42. Davis -Bacon Requirements This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). 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 accordance 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 acknowledging 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 -Bacon Act requirements, including but not limited to: (1) ensuring that the wage determination(s) and appropriate Davis -Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts. (2) being responsible for compliance by any subcontractor 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). (5) 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 DOE. (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation. U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH -1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects. (8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, , contractor, or subcontractor 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 subcontract, or subrecipient award. (9) 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 submittal 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 compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events. The Department of Energy has contracted with, a third -party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis -Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software. Davis 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 https://www.dol.gov/agencies/whd/government-contracts/construction and https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction. Term 43. Buy American Requirement for Infrastructure Projects *NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this section if your total EECBG Program award is less than $250,000. U.S. DEPARTMENT 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). Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; 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-ferrous 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 federal 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; freight 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, and the definition provided above should be considered as illustrative and not exhaustive. 24 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy 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. Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure 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 accommodation. 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 manufactured 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 determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 25 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred 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 ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub -awards, contracts, subcontracts, and purchase orders for work performed 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, materials, 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 in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors 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. 26 U.B. DEPARTMENT 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 Buy 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 well 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 America 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, manufactured products, or construction materials produced in the United 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 infrastructure 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, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each; 27 U.B. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions • 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 ensure 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(s), or material(s) 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 information for consideration of this wavier. DOE may reject or grant 28 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 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 $10,000 annually will be subject to the requirements of Executive Order 11246: (1) 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 actions 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 compliance evaluations. OFCCP's Technical Assistance Guide4 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 or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project 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 DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding. Term 46. Transparency of Foreign Connections 4 See OFCCP's Technical Assistance Guide at: https://www.dol.eov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.goviawards/managing/rtc.isp U.S. DEPARTMENT OF Energy Efficiency & ENERGY ! Renewable Energy Special Terms and Conditions During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or contractors: 1. The 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 country of risk; 5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and 6. Any current or pending foreign 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 DOE -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 Recipient's services and facilities by foreign investigators resulting from its standard published 30 U.S. DEPARTMENT OF Energy Efficiency & ENERGY Renewable Energy Special Terms and Conditions 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. Authorized Sig 'tur Name: Title: Entity Name: Date 31