Resolution 147-1980
RESOLUTION NO.147 -1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
TO EXECUTE AN AGREEMENT BY AND BETWEEN THE DE-
PARTMENT OF STATE OF THE STATE OF FLORIDA AND THE
BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY,
FLORIDA, RELATIVE TO THE WEST MARTELLO TOWER
STABILIZATION, PHASE II PROJECT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to exeucte an
Agreement by and between the Department of State of the
State of Florida and the Board of County Commissioners,
Monroe County, Florida, a copy of same being attached hereto,
re1~tive to the West Martello Tower Stabilization, Phase II
Project.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
3rd day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By
(Seal)
Attest: ;) / X
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)ITerk
JtIIWJOMm AS 1'f11ORM
ANfJ LlG4L SflFFIC/ENC'I.
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Board of County Commissioners
(~"m(' of ^ppliC.lnr.Rccip;c-nc)
HEREBY 'AGREES THAT IT will comply with TitleVI'of thc Civil Ribht~ Act of J964 (P.L 88-352) and
aJl requircment~ imposed by or pursuant to the Department of the Intcrior Regulation (43 CFR 17) issucd
pursuant to thar title, to the end thar, in ..ccordance with Tide VI of rhat Ace and rhe Rq;ulation, no per-
~on in the United SIatc5 sl",II, nn the ground of Dce, color, or national origin be excluded from participa-
tion in. ~ denied the hcnefll~ of, or be o{hn\Vi~e subjectcd to di~crirn;nati()n under an}' program or activiry
for which the A.ppliont,Recil'ief1t receives fInancial assistilllce from DeI2artment of the Interior and
f\UH.aU nr Olhct'
Hereby Gives Assurance That It Will illllJledialelr take any measures to effeCtuate this asreement.
Jf any re.al p~Qpenr or stru'!urc thereoo is provided or improvt'd wi:h rhe aid of f{'deral fInancial aSSl5lance
. cxtended to "the Applicant-Recipient by _Depar!rnent oLl..-lle_Interlor . This assurance obligates the
f,urc:.Ju or Orner'
Applicant:Recipient, or in the case of ..n)' transfer of such properlY, any rran~fcree for the period during
'9.'hich the real properry or struClure is used for a purpose invohing the provision of similar services or bene-
fits.' If an)' pl'fsonal properl)' is so provided, this assurance obligates rhe Applicant-Recipient for the ~riod
during which it retains ownenhip or pos5essio'n of the propeny, In all other cases, this assurance obligates
" - Applic.ant,Rccipicnt fur the period during which the Federal flflancial assi,stance is extcnd::d to it by_~
Department of the Interior .
DUlt..3U or O/l1cc
THIS ASSliRANCE is gIven ill cOllsidcr;1(iun of and for the purpose of ohtaining all)' and all federal grants,
loans, contraCtS, property discounts or other Federal flOancial assistance extended aftcr the.' da'te hereof (0 the
Applicant-R~cipient b)' the bureau or office, including installmenr payments ;lfter such datc on account of
arrangementS for FedC'ral fInancial assistance ,,'hich 'were dpprcwcd before such date, The Applicant.Recipient
rerognizes and aglees that such Feder..J linancial, assistance will be extended in reliance on thf represcnlarions
and agreements made in this assurance, and that the United StdleS shal1 reserve the right to seck judicial
enforcement of this assurance. This assurance is binding on the Applicant,Recipient, its successors, ii;nS"-
ferees, and assignees, and the persoll or persuns whose signature appear below are authorized to sigil' ehis
'assur,1Jlce on behalf of the Applic.1ntd\ecipienr.
June 3, 1980
DATED
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130 a,rd 0 f C~:JUn t,Y~QmJnj_s 5 i one r s
A I-'PLlCA NT, R tClPIENT
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"F' . ! aUlhoruc-d Off.ci.!
Key West, Florida
^PPLlCAN"r:REC1I'JENr~ I-IAIUNG AODRESS
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Historic Preservation Grant Award
A G R E E MEN T
This AGREEMENT drawn at Tallahassee, Florida on the 3rd
day of
June
, 1~80, by and between the Department
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of state of the state of Florida, hereinafter referred to
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,Cis the Department, and the Board of County Conunissioners, Monroe
County, .Flor ida, hereinafter referred to as the Grantee,
relative to the West Martello Tower Stabilization, Phase II
Project, hereinafter referred to as the Project.
WHEREAS, the Department is responsible for the adminis-
tration of federal grant-in-aid assistance for historic preser-
vation purposes unde~ the provisions of the National Historic
Preservation Act of 1966, Public Law 89-665, as amended, and
Florida Statutes 267.061 (2) (b); and
. .....
WHEREAS, the Grantee has applied for federal grant-in-
aid assistance for the Project; and
WHEREAS, the said application has been reviewed and approvec
in acc9rdance with current regulations; and
WHEREAS, federal grant-in-aid funds in the amount of
ten thousand dollars ($10,000) have been reserved for the
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P~oject by the Department;
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. -WITNESSETH, that in corisideration of the mutual covenants
herein contained, the Department and the Grantee hereby agree
as follows:
I. The Department aqrees to reimburse the Grantee from
available funds, for one-half of the cost of allowable
project work as defined below, up to a maximum
reimbursement of ten thousand dollars ($10,000).
A. Allowable project work may include:
1. Stabilization of broken arches and vaults,
west end of counterscarp,
2. Installation of tie rod system and repalr
of damaged masonry, southeast counterscarp
casemate,
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Testing for and repair of loose masonry
throughout areas subject to use and visitation,
4.
C~earing vegitation from counterscarp roof
and selective removal of potentially destructiv(
roof systems, and
5. Architectural and engineering planning and
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supervision essential to the completion of
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this project phase.
B. The Department shall review and comment on all
preliminary reports, recommendations, and
schematic design proposals prior to the preparation
of detailed plans and specifications and contract
bid documents.
C. The Department shall review and comment on all
applicable contract bid documents prior to
formal acceptance of bids and/or negotiation of__
contract by the Grantee.
. ........
D. The Department shall confer with the Grantee
and its professional consultants as necessary
throughout the course of the Project, to assure
compliance with the objectives, requirements
and limitations of the state and federal historic
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preservation programs.
.
E. The Department may make reimbursement of project
costs in one payment upon final completion of
the project work, or in incremental payments
upon completion of substantial components of
the project work, but no reimbursement will be
made except on written request by the Grantee
supported by valid documentation of expenditures
as described in Section II, E below, and the
total in incremental payments prior to final
completion of the project work shall not exceed
eight thousand dollars ($8,000), or eighty per
cent of the maximum reimbursement for the Project.
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II. The Grantee agrees to administer the Project ln
accordance with the General Conditions Governing
Grants and Instructions for Historic Preservation
Project Accountability attached hereto as Exhibit
"1\", and the following specific conditions:
The Grantee agrees to complete the Project
by June 30, 1981.
The Grantee or its consultant shall submit
copies of all preliminary reports, recommendations,
and schematic design proposals for review and
con~ent by the Department prior to the final
preparation of detailed plans and specifications
for rehabilitation of the site.
C. The Grantee shall submit copies of detailed
plans and specifications and contract bid
documents for review and comment by the
Department prior to the acceptance of bids andtar
negotiation of contracts for project work.
,D. The Grantee shall coordinate consultation
between its professional consultants and
appropriate Department staff representatives
as ne~essary to assure mutual understanding of
.
and agreement on the objectives, requirements,
.
and limitations of the Project in relation to
the state and federal historic preservation
programs.
E. The Grantee shall, upon completion of the
project work or substantial components thereof,
submit a written request for reimbursement for
allowable project work as defined above~ up
to a maximum reimbursement of ten thousand
dollars (10,000).
Such request(s) for
reimbursement shall be supported by the
following documentation:
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1. COplOS of illl applicable contracts for the
project work for which reimbursement is
requested, unless such contracts have been
previously submitted;
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2. copies of any research reports, preliminary
drawings, design recommendations, master
plan, or design plans and specifications
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produced as a result of the project work
for which reimbursement is requested, unless
such documents have been submitted previously
for review and comment;
3. copies of all vendor's invoices or statements
pertaining to the project work for which
reimbursement is requested; and
4. copies of cancelled checks, or other evidence
of expenditures acceptable to the Department,
for which reimbursement is requested.
. .- ..
III. No change or addition to this A~reement shall be
effective except by separate written amendment
properly executed by the parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have affixed their
signatures as of the day and year first written above.
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DE I!'~NT OF STATE
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ORGE FIRES TON
cretary of State
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WITNESSES:
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BOARD OF COUN1~ CO~~ISSIONERS,
MONROE COUNTY
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.~dOV~D A3 TO. r1SC;,L SllFfICF;;~Y ~ ~~~ )~~ .
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WITNESSES:
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HISTORIC PRESERVATION GRANT AWARD AGREEMENT
EXHIBIT A
GENERAL CONDITIONS GOVERNING GRANTS
AND
ADMINISTRATIVE INSTRUCTIONS
FOR HISTORIC PRESERVATION PROJECT
ACCOUNTABILITY
State of Florida
Department of State
Division of Archives, History
and Records Management
October 26, 1979
Extracted in part from
Federal regulations and
guidelines promulgated by
the Heritage Conservation
and Recreation Service,
U. S. Department of the
Interior
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PART I
GENERAL CONDITIONS GOVERNING GRANTS
Project funds expended under the historic preservation grant program
are subject to the provisions of the National Historic Preservation
Act, other applicable state and federal laws, government-wide
administrative regulations, the general conditions listed below,
special conditions affixed to project grant awards, and Heritage
Conservation and Recreation Service (HCRS) directives.
Requirements found in grant conditions may be waived only by a
written notification from the Division. Any such waiver must be
explicit: no waiver may be inferred from the fact that the grant
award is responsive to a grant application which may have contained
material inconsistent with one or more of these conditions.
Definitions:
An "Approved project" consists only of these activities decribed
in the appropriate grant award agreement for which funding is
approved or in written amendments thereto.
"Total proj ect funds" refers to all amounts approved for expendi ture
for the approved project, whether such amounts are derived from
Federal or nonfedera1 sources, or whether they are provided in
cash or inkind.
Applicability:
The grantee is responsible for compliance with the National Historic
Preservation Act, the government-wide Federal regulations, the
terms and conditions of grant award, and applicable state laws and
regulations. These conditions are applicable both to the grantee
and to any consultants, contractors, or employees to which
grant-in-aid funds are paid. Failure by the grantee to comply
with the conditions of grant assistance will be considered to be
noncompliance (see paragraph 29 below).
General Conditions:
1. Limitations on Expenditures
Expenses charged against program funds may not be incurred
prior to the effective date of the project agreement or
subsequent to the project agreement end date, and may be
incurred only as necessary to carry out the purposes and
activities of the approved project. Such expenditures
may not exceed the maximum limits shown on the project
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approval documents, or amendments subsequently approved
by the Division for that project. The grantee assumes
fiscal liability, without recourse to the Division, for
all commitments which exceed the funds provided in the
project agreement. The portion of the total expenditures
of the approved project derived from nonfederal sources,
valued in accordance with OMB Circular A-102, must not be
less than fifty (50) percent of the total project funds
required for the approved project. All expenses incurred
for the approved project must be supported by approved
contracts, purchase orders, requisitions, bills, or other
evidence of liability consistent with the grantee's
established purchasing procedures and the Division's
"Administrative Instructions for Project Accountability."
2. Civil Rights
HCRS grant programs must be administered in conformance
with the Civil Rights Act of 1964 (Public Law 88-352),
as amended; as well as 43 CFR 17, and Part 506 of the
Departmental Manual, both issued by the Department of
the Interior; and Section 504 of the Rehabilitation Act
of 1973, as amended, which prohibits discrimination
against the handicapped. Title VI of the Civil Rights
Act of 1964 states that no person will, on the ground of
race, color, or national origin, be excluded from partici-
pation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity
receiving Federal financial assistance. Every grantee
is required to submit an Assurance of Compliance
(form DI 1350). No grant payments may be made without an
Assurance of Compliance on file. If any real property
or structure thereon is provided or improved with the aid
of Federal financial assistance extended to the grantee,
this assurance will obligate the grantee, or in the case
of any transfer of such property, any transferee, for the
period during which the real property or structure is
used for a purpose for which the Federal financial
assistance is extended.
3. Discrimination in Employment Prohibited
In all hiring or employment made possible by or resulting
from grant awards, each employer (1) will not discriminate
against any employee or applicant for employment because
of race, color, religion, sex, age, or national origin,
and (2) will take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment, without regard to their race, color,
religion, sex, age, or national origin. This requirement
applies to, but is not limited to, the following:
employment, promotion, demotion, or transfer; recruitment
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advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, in-
cluding apprenticeship. The grantee and its consultants
or contractors will comply with all applicable statutes
and Executive orders on equal employment opportunity and
grant awards will be governed by the provisions of all
such statutes and Executive orders, including enforcement
provisions, as implemented by, but not limited to,
Department of the Interior Policies, published in 43 CFR 17.
4. Allowable Costs
Expenditures of the grantee may be charged to this grant
only if they: (1) are in payment of an obligation incurred
during the project period, (2) are necessary to the
accomplishment of approved project objectives, and (3)
conform to the Division's "Administrative Instructions
for Project Accountability."
,
5. Reports, Records, and Inspections
The grantee will submit financial, program progress,
evaluation, and other reports as required by the Division,
and will maintain such property, personnel, financial, and
other records and accounts as are deemed necessary by the
Division to assure proper accounting for all program funds.
The grantee, its consultants and contractors will permit
on-site inspections by HCRS or Division representatives,
and will effectively require employees to furnish such
information as, in the judgment of the HCRS or Division
representatives, may be relevant to a question of compliance
with grant conditions and HCRS or Division directives on
the effectivenessJ legality, and achievements of the program.
6. Examination of Records
The Secretary of the Interior, the Comptroller General of
the United States, and the Director, Division of Archives,
History and Records Management, or any of their duly
authorized representatives, shall have access for the
purpose of financial or programmatic audit and examination
to any books, documents, papers, and records of the grantee
that are pertinent to the grant at all reasonable times
during a period of three years following completion of
the project, or until all claims or audit findings have
been resolved.
7. (a) Conflict of Interest
A person who is a public official, officer, or member
of, or who is otherwise associated with a recipient
of grant funds, may not participate in an administrative
decision with respect to a project or contract, if
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such decision can be expected to result in any
benefit or remuneration. The minimum standard for
defining the situations in which a person shall be
considered as having a conflict of interests with
respect to a grant to contract award follow. Grantees
may adopt more stringent standards. A person has a
conflict of interests with respect to an application
if any of the following has a financial interest
in that application: (1) The person, the person's
minor child, or partner; (2) A profit or nonprofit
organization in which the person is serving as an
officer, Director, Trustee, partner, or employee;
and (3) any person or organization with whom the
person is negotiating or has any arrangement con-
cerning prospective employment. Benefit or
remuneration includes a royalty, commission, contin-
gent fee, brokerage fee, or other payment accruing
to the person or any member of immediate family.
.
(b) No person performing services for the grantee in
connection with a project shall have a financial or
other personal interest other than his or her
employment or retention by the grantee, in any
contract or subcontract connected with that project.
No officer or employee or persons retained by the
grantee shall have any financial or other personal
interest in any real property acquired for a project,
unless such interest is openly disclosed upon the
public records of the grantee, and the officer,
employee or person retained has not participated
in the acquisition for, or on behalf of, the grantee.
(c) No member of or delegate to Congress shall be admitted
to any share or part of this agreement, or to any
benefit to arise from it, unless such benefit shall
be in the form of an agreement made with a
corporation for its general benefit.
(d) The award and administration of grants, and of
subagreements awarded by grantees under those grants,
must be accomplished free from bribery, graft,
kickbacks, and other corrupt practices (see OMB
Circular A-I02, Attachment 0). The grantee bears
the primary responsibility for the prevention,
detection and cooperation in the prosecution of any
such conduct; Federal administrative or other
legally available remedies will be pursued, however,
to the extent appropriate.
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(e) The grantee must effectively pursue available State
or local legal and administrative remedies, and take
appropriate remedial action with respect to any
allegations or evidence of such illegality or
currupt practices which are brought to its attention.
The grantee must advise the Division immediately
when such allegation or evidence comes to its
attention, and must promptly advise the Division
of the status and ultimate disposition of any
matter.
8. Religious Institutions
The grantee will insure that any part of the approved
project that is conducted by a church or church related
institution is entirely non~sectarian in content and
purpose, and that HCRS directives on grants to churches
or church-related institutions are satisfied.
9. Access for the Handicapped
The Architectural Barriers Act of 1968, 42 USC ~lSI,
applies to grant assisted properties with public access
provisions in the preservation agreement, and requires
that the specifications of any such construction supported
with historic preservation funds comply with the
"American Standard Specifications for Making Buildings
and Facilities Accessible to and Usable by, the Physically
Handicapped," Number A-117.1R-1961, as modified (41 CFR
101-19.603). The provisions of Chapter 255.21, Florida
Statutes and administrative rules established persuant
thereto apply to grant assisted properties.
10. Flood Plain Management
The grantee will comply with the provIsIons of: Executive
Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control,
and abatement of water pollution; and Executive Order
11990 relating to the protection of wet lands. Restoration
of an existing property will normally not have a significant
impact upon the flood plain unless landscaping is involved.
However, where any question arises, the grantee will
obtain A-95 clearinghouse review of any potential adverse
effect upon the flood plain or wet lands.
11. Energy Conservation
Grantees are encouraged to promote and achieve energy
conservation in Historic Preservation Fund grant programs.
Grantees should utilize, to the maximum practical extent,
the most energy efficient equipment, materials, and
construction and operating procedures available.
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12. Flood Insurance
(a) The provisions of the Flood Disaster Protection Act
of 1973 (P.L. 93-234), 42 USC 4104, apply to
assistance under this program. No Federal agency will
approve any financial assistance for acquisition
or construction pruposes in any area that has been
identified as an area having special flood hazards
by HUD, unless the community in which such area is
situated is then participating in the National
Flood Insurance Program. The use of any historic
preservation funds for acquisition or construction
purposes will be subject to the mandatory purchase
of flood insurance as required by section l02(a) of
the Flood Disaster Protection Act.
(b) The amount of insurance required is the amount of
federal share of project costs, excluding facilities
which are uninsurable under the National Flood
Insurance Program, such as bridges, dams, under-
ground structures, and excluding the cost of the
land; or the maximum limit of coverage made available
to the grantee under the National Flood Insurance
Act, whichever is less.
(c) The required insurance premium during the project
period is an allowable project cost.
(d) The term of the insurance coverage will be for the
length of the economic or useful life of the
property as defined, for the purposes of this
program, by the term of the maintenance and
administration covenant requirements.
(e) Specific information concerning the applicability of
this law to specific projects should be obtained from
the administering agency: Department of Housing and
Urban Development, Federal Insurance Administration,
Office of Flood Insurance, Washington, D. C., 20410
(292-755-5581). Refer to the program guidelines in
24 CFR 1090 et. seq.
13. Lobbying
No part of the money appropriated by any enactment of Congress
will, in the absence of express authorization by Congress,
be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter,
printed or written matter, or other device, intended or
designed to influence in any manner a Member of Congress,
to favor or oppose, by vote or otherwise, any legislation
or appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such
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-7-
legislation or appropriation. (Refer to 18USC 1913,
which prohibits lobbying with appropriated monies.)
14. Violating Facilities
The grantee will insure that the facilities under its
ownership, lease or supervision which will be utilized
in the accomplishment of any project involving grants,
contracts, or subcontracts of $100,000 or more are not
listed in the Environmental Protection Agency's list of
Violating Facilities (see 40 CFR 15). Grantees must
promptly notify the Division of the receipt of any
communication from the EPA indicating that, a facility
to be utilized in any such project is under consideration
for listing by the EPA.
15. Changes in Scope
Grantees may not, without written approval by the Division
make changes in the approved project which would alter the
allowable project work or services as stipulated in the
project agreement or make any changes which might result
in a deviation from the intent of the legislation which
authorized the award of the grant. In the event of
uncertainty, questions should be referred to Division for
final determination.
16. Timeliness of Work
The grantee will cause work on the project to be commenced
within a reasonable time after project approval, not to
exceed six months after the beginning date, unless good
cause can be shown which precludes this requirement.
Grantees will prosecute the project to completion with
reasonable diligence within the project period.
17. Covenant Against Contingent Fees
No person, agency or other organization may be employed
or retained to solicit or secure a grant or contract upon
an agreement or understanding for commission, percentage,
brokerage, or contingent fee. For breach or violation of
this prohibition the government shall have the right to
annul the grant without liability or, in its discretion,
to deduct from the grant or otherwise recover the full
amount of such commission, percentage, brokerage, or
contingent fee, or to seek such other remedies as may be
legally available.
18. Dual Compensation
If a project staff member or consultant is involved in
two or more proj ects, at leas t one of \vhich is supported
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-8-
by historic preservation Federal funds, he may not be
compensated for more than 100 percent of his time during
any part of the period of dual involvement.
19. Fees 'to Government Employees
The grantee will not use any project funds or funds from
other sources to pay a consultant or other fees to, or
travel expenses of, employees of the Interior Department
for lectures, attending program functions, or any other
activities in connection with the project.
20. Use 6f Consultants
(a) It is expected that grantee organizations will
normally have their own policies with respect to
use of consultant services; that those policies will
apply equally to the use of consultants paid for by
grant funds; and that they will include, as a
minimum, the standards described below. In the absence
of such policies, the following will represent the
minimum standards for documentation in support of
the use of consultants:
(1) Evidence that the services of the consultant
,are needed and the need cannot be met by
direct salaries provided under the grant.
(2) Evidence that a selection process has been employed
to secure the most qualified individual available,
considering the nature and extent of services
to be required.
(3) Evidence that the fee is appropriate considering
the qualifications of the consultant, his/her
normal charges, and the nature of the services
to be provided.
(4) Evidence that no consultant of equal experience
and qualifications is available for a lesser amount.
(b) Consultant fees, other than fees for legal services,
will not exceed daily rates paid by units of State
government, and will be based on written evidence
retained for audit as to the normal salary or wage
level received by the individual consultant.
(c) The grantee will maintain the following information
with respect to each consultant who has been paid a
fee for services rendered:
(1) The consultant's name;
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(2) The date the employment of the consultant was
authorized;
(3) A brief description of the task or tasks performed;
(4) The consultant's fee per day;
(5) The total amount of the Fee paid to the consultant;
(6) The amount paid to the consultant for other
expenses; and
(7) The aggregate amount paid to the consultant.
21. Environmental Imp~ct
The National Environmental Policy Act of 1969, Public Law
91-190, as amended, 42 USC 4321 et. seq., established
national policy goals and objectives for protecting and
enhancing the environment. The provisions of this law are
applicable to activities supported in whole or in part
through grants awarded by the Division. However, unless
a significant environmental impact is anticipated by the
applicant, no specific environmental impact statement is
required of the grantee.
22. Hatch Act
No officer or employee of the grantee organization whose
principle employment is in connection with any activity
which is financed in whole or in part with grant assistance
shall take part in any of the political activity proscribed
in the Hatch Political Activity Act, 5 USC 1501 et. seq.,
as amended, with its stated exceptions.
23. Disclosure of Information
Financial records, supporting documents, statistical
records, and all other records pertinent to an approved
project are subject to disclosure to others under the
Freedom of Information Act, 5 use 552.
Unless otherwise required by law, the Division will not
place restrictions on grantees which will limit public
access to the grantee's records or to the records of their
subgrantees or subcontractors, except when the records
must remain confidential for any of the following reasons:
(a) To prevent a clearly unwarranted invasion of personal
privacy;
(b) to comply with an Executive Order or state or federal
statute which specifically requires the records to
be kept secret;
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(c) to protect commercial or financial information
obtained from a person or a firm on a privileged
or confidential basis; or
(d) to protect information which can be improperly
exploited for personal gains.
24. PublIc Access to Historic Properties
For grant assisted properties that are not open to the
public on a continuous basis (more than twelve days
annually) and where the improvements assisted with grant
funds are not visible from the public way, property owners
will publish notifications giving dates and times when
the property is open to the public in newspapers of general
circulation in the community or area in which the property
is located. Documentation of such notice will be furnished
annually to the State Historic Preservation Officer during
the term of the covenant or preservation agreement.
The grantee is responsible for including this requirement
in any covenant or preservation agreement, and for keeping
such documentation on file.
25. Covenant Requirements
Grantees are responsible for compliance with the covenant
provisions. Covenants and preservation agreements must
be written in such a manner that they will be legally
enforceable.
Authorized representatives of the Division may periodically
inspect the property in order to monitor compliance with
the covenant or the preservation agreement.
When a grant assisted property owned by a State or
political subdivision of the State is sold to a private
individual or organization within the covenant period
the grantee will insure that a covenant is attached to
the deed containing the required provisions.
26. Nullification of Required Covenants
Neither the grantee, nor any subgrantee, property owner
will 'have the right to repay the amount of Federal funds
received in order to nullify the required covenants attached
to the property deed. Even with the addition of a penalty
fee, the concept of nullifying or buying back the Federal
interest in preserving a historic property is fundamentally
inconsistent with the intent of the National Historic
Preservation Act.
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27. Safety Precautions
The Division assumes no responsibility with respect to
accidents, illnesses, or claims arising out of any work
performed under a grant supported project. The grantee
is expected to take necessary steps to insure or protect
itself and its personnel and to comply with the
applicable local, State or Federal safety standards,
including those issued pursuant to the National Occupational
Safety and Heal th Act of 1970. (See 20 CFR 1910.)
28. Pr~je~t Signs
When grant assistance is provided for acquisition or
construction work a project identification sign will be
displayed in a prominent location at the project site
while project work is in progress. The sign must identify
the project and Department of the Interior, Heritage
Conservation and Recreation Service, grant support. Cost
of preparation and erection of the project identification
sign are allowable project costs. (Routine maintenance
costs of signs are not allowable.)
29. Noncompliance
In addition to such other remedies as may be provided by
law, in the event of noncompliance with any grant con-
ditions,
(a) a grant may be terminated or annulled pursuant to
OMB Circular A-l02, Attachment L;
(b) project work may be suspended pursuant to OMB
Circular A-102, Attachment L;
(c) payment otherwise due to the grantee of up to 10
percent of the grant amount may be withheld;
(d) an injunction may be entered or other equitable
relief afforded on behalf of the United States, or
the State of Florida by a court of appropriate
jurisdiction; or
(e) such other administrative or judicial action may be
instituted-as may be le~ally available and appropriate.
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PART II
ADMINISTRATIVE INSTRUCTIONS fOR
HISTORIC PRESERVATION PROJECT ACCOUNTABILITY
1. Purpose:
These instructions are intended to assist historic preservation
grant recipients in meeting the accounting and public benefit
requirements of the Department of the Interior's Historic
Preservation Grants-in-Aid program.
2. Scope:
These instructions apply to grant assisted projects involving
the acquisition, protection, stabilization, preservation,
rehabilitation, restoration, or reconstruction of properties
listed on the National Register of Historic Places.
3. Grantee Administrative Records: Grantees are responsible for
maintaining two types of project records:
A. Financial Records: Financial records must be adequate to
account for the proper expenditure of all project funds,
and to demonstrate compliance with required procedures.
1. Contractual Services: Federal requirements relating to
the procurement of supplies, equipment, construction and
other services are contained in Office of Management and
Budget Circular A-102, Attachment 0, a copy of which is
appended to these instructions. Special attention is
invited to the following requirements:
a. Competition: All procurement transactions shall
be conducted in manner so as to provide maximum
and free competition. Positive efforts should
be made to utilize small business and minority-owned
business sources of supply and services. '
b. Bid and Negotiation: Formal advertising, with adequate
description, sealed bids, and public openings shall
be the required method of procurement on contracts
in excess of $10,000, and is the preferred method
in all procurement, regardless of the type of
procurement instrument used. However, professional
services, and other contractual procurement amounting
to,less than $10,000, may be procured by negotiation
without formal advertisement, provided that evidence
that three or more suppliers were invited to submit
propos al s. '
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c. Contracts: All contracts shall include the conditions
and provisions for compliance with federal regulations
as outlined in OMB A-102, Attachment 0, except tbat
provision for compliance with the Davis-Bacon Act
(40 USC 276a to a-7) may be obmitted.
d. S'pecial notes on Bid and Contract Procedures:
a) Contingency allowances are not al10wabl~ in
determining project costs and ShDU1d be excluded
from contract bids.
b) Cost-p1us-percentage-of-cost contracts are
prohibited.
t
2. Do~at~d Materi~l~ ~nd Services: Federal requirements
relating to accountability for donated materials, services,
and real property used in the completion of a grant
assisted project are contained in Office of Management
and Budget Circular A-102, Attachment F, a copy of which
is appended hereto. Special attention is invited to the
following requirements:
a. When Allowable: The value of donated materials,
services, or real property is allowable only when
they ,are essential and applied directly to the
accomplishment of allowable project work as defined
in the Grant Award Agreement, and are made within
the project period.
b. Valuation of Donated Material: Donated materials will
be valued at their actual cost to the donor.
c. Valuation of Donated Services: Donated services will
be valued at a rate consistant with the regular rates
paid for similar services, and the level of professional,
technical, and vocational training and experience of
the persons whose services are donated.
d. Valuation of Donated Real Property: Donated real
property will be valued at its fair market value at
the time of donation as determined by an independent
certified real property appraiser. '
B. Project Records:
1. Do~um~nt~ry Records:
a. Pre-project site conditions shall be recorded
systematically, including a general description of
the overall preservation needs and detailed descriptions
of the areas that will be affected by th~ project
work.
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b. Project work progress shall be recorded on a regular
and continuing basis. The record should describe
progress on each of the authorized project work items
and work areas, and should include information on
any unusual conditions or problems encountered and
any special materials or methods employed. Include
comments on various products and materials (cleaning
agents, fabrics, etc.) used to achieve project ob-
jectives.
c. post-project conditions shall be recorded in a format
similar to that followed in the pre-project description
so as to indicate the overall results achieved and
the effects of the work accomplished in each major
work area.
d. Copies of the reports of any special investigations
or tests (archaeological research, paint color
analysis, mortar analysis, etc.) performed during the
course of project work, and copies of architect's
inspection reports on construction projects should be
appended to the project record.
2. Photographic Record:
a. Black and white photographs illustrating the pre-project
conditions, progress of project work, and effects of
completed project work are required. Additional
photographs illustrating unusual conditions or methods
employed should be included in the photographic record.
b. Identification of photograph should be on a separate
sheet attached to the back of the photo. Pl~asedo
not write or mark on the face or back of the photo-
graphs.
C. Submission of Financial and Pro"ect Documentation: Required
ocumentatlon wlll e su mltte to t e D1V1Slon on a continuing
basis as necessary to assure the efficient progress of project
administration and completion within the project period.
1. Financial Documentation shall include:
a. A statement of the sources, kinds, and amounts of
matching funds.
b. A copy of the bid advertisement or solicitation.
Documentation of solicited bids shall include a
list of all potential bidders to whom the solicitation
is directed.
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c. Copies of all applicable bid documents.
d. An abstract of the bids received, and a summary of
the method of contractor selection and contract
negotiation.
e. A signed copy of the final contract or other pro-
curement document.
f. Donation of materials shall be documented by a
copy of the donors inv6ice bearing his certification
that the materials listed were donated to the donee
for use on the named project.
g. Donation of services shall be described by reference
to the specific work performed, and supported by a
time sheet indicating the name, hours, and rates for
each individual whose donated services are claimed.
The time sheet must be signed by the donor~,
h. Donated real property value shall be documented by
a signed copy of the property appraisal and a duly
certified copy of the deed by which title is
transferred to the donee.
D. Retention of ,Records: All grantee records pertaining to the
project are subject to examination and audit by authorized
representatives of the U. S. Department of Interior and the
Florida Department of State. All such records shall be
retained for a period of three (3) years following completion
of the project, or until such time as any litigation, claims,
or audit questions arising from examination or audit
initiated prior to expiration of the three year period
are finally resolved.
4. Public Benefit Accountabi1it: Federal grant-in-aid assistance
or t e acqulsltlon or eve opment of historic properties is
provided for the benefit of the public. Grantees shall provide
assurance that the assisted property will be maintained and
administered in such manner that the general public may view and
otherwise enjoy the benefits derived from the expenditure of
public funds. Such assurance shall be provided by covenants
encumbering the title to the property, or by a letter of
agreement.
A. Covenant Provisions: When grant funds in excess of $5,000
are provided to a private individual or organization, the
grantee must execute appropriate covenants running with the
land, in favor of and legally enforceable by the Division
of Archives, History and Records Management providing that
the owner(s) or their successors in interest will provide
for its continued maintenance and public visitation for a
specified period of years (see schedule below) depending on
the amount of grant funds applied to the property.
I,
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-5-
1. Maintenance covenants are required in all assisted
properties, and shall include a provision that "The owner
agrees to assume the cost of continued maintenance and
repair of the property so as to preserve the architectural,
historical, and archaeological integrity of the property
for (the applicable number of) years in order to protect
and enhance those qualities that made the property
eligible for listing on the National Register of Historic
Places. Nothing in this agreement shall prohibit the
owner from seeking financial assistance from any source
available to him."
2. Public access covenants are required when grant assistance
is provided for work on the interior of a building or
structure, or when the affects of exterior project work
are not readily and clearly visible from a public right
of way. The public access covenant shall include a
provision that "The owner agrees to provide public
access to the property not less than twelve (12) days
each year, and to provide adequate notice to the public
of such accessability. Nothing in this agreement will
prohibit the owner from charging a reasonable noti-
discriminatory admission fee comparable to fees charged
at similar facilities in the area."
B. Covenant Period: The responsibility to maintain and to provide
public access to properties acquired or developed with
historic preservation grant-in-aid funds is limited to a
specific period of time relative to the amount of Federal
assistance provided to each property owner as follows:
1. Federal assistance from $0 to $5,000: No covenant, but
a letter of agreement is required.
2. Federal assistance from $5,001 to $20,000: 5 yec,lr covenant.
3. Federal assistance from $20,001 to $50,000: 10 year
covenant.
4. Federal assistance from $50,001 to $100,000: 15
year covenant.
S. Federal assistance over $100,000: 20 year covenant.
c. Letters of Agreement: When a property owner receives historic
preservation grant funds totaling $5,000 or less, no covenant
to the deed is required. The maintenance and public access
provisions of the 'act will be satisfied when a letter of
agreement containing the same provisions as a covenant is
executed bet~een the grantee ~nd the property owner. The
letter of agreement must provide for the maintenance of the
property for a period of five years. This agreement is not
attached to the deed, as is a covenant, but is a legally binding
personal agreement between the grantee and the owner for the '
five years required.
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4:'>1'30
tained for I\. period of three years, with
the fo]]owlng Qua]ifications:
a. If any ]Itigation, claim or audit Is
started before the expiration of t.he 3-
ycar period, the records shall be retained
until all litigations, claims, or audit
findings involving the records have been
resolved.
b, Rl-cords for nonexpcndable prop-
erty acquired with Federal funds shall
be retained for 3 years after its final
disposition.
c. \Vhen records are tnmsferred t.o or
maintained by the Federal sponsoring
agency, the 3-)'ear retention requirement
is not applicable to the grantee.
3. The retention period starts from the
date of the subrnlssion of the final ex-
penditure report or,for grants that are
renewed annually, from the date of the
submission of the annual financial st.'it.us
report.
4. Grantees should be authorized by
the Fffieral grantor agency, if they so
desire, to substitute microfilm copies in
lieu of o:-iginal records.
5. The Federal grantor agency :;hall
request transfer of certain records to its
custody from grantees when' it deter-
mines t.~at the records posses long-term
retention value. However. in order to
avoid duplicate recordkeeping, a Federal
t;7antor agency may make arrangements
with grantees to retain any records that
are continuously needed for joint use.
6. The head of the Federal grantor
agency and the Comptroller General of
the United States, or any of their duly
authorized representatlves, shall have
access to any. pertinent books, docu-
ments. papers, and records of grantees
and subgrantees to make audits, exami-
nations, excerpts and transcripts.
7. Unless otherwIse required by law. no
Federal grantor agency shall place re-
strictions on grantees tha t wil1limit pub-
lic access to the records of grantees that
are pertinent to a grant except when
the agency can demonstrate that such
records must be kept confidential and
would have been excepted from disclo-
sure pursuant to the Freedom of Infor-
matlon Act (5 U.S,C. 552) 1f the records
had belonged to the grantor agency.
ATTACHMENT D-CIRCULAR No. A-102
""AIYI:R OF "SINGLE" STATE AGENCY
RE9UIREMENTS
1. Rt"Quests to Federal grantor agencies
from the Governors, or other dul)" con-
stitutpd State authorIties, for waiver of
the "single" Slate agency requirements
In accordance with section 204 of Ule
Intergoyernmental Cooperatlon Act of
1968 should be given expeditious han-
dllng and. whenever pos.slble, an affirma-
tive response should be made to such re-
Quests. .
2. When It 15 necessary to refuse a re-
QUl:st for 'Il.-alver of the "single" St:lte
agenc)' requirements under section 204.
the Federal grantor agency handling
such r('Quest will so ad\'ise the Office of
Management and Budget prior to in-
fonning the Slate that the request can-
not be I:ranted. Such advice should Indi-
cate the reasons for Ule denial of the
request.
NOTICES
3, Future lerislative proposals embrac-
ing grant-in-aid progr:1rns should avoid
inclusion of proposals for "single" State
agencies in the absence of compelling
reasons to do otJlerwise. In addition,
existing "single" Stat.e agency require-
mpnts in present grant-in-aid programs
should be revie;.\"ed and legislative pro-
posals should be dtveloped for the re-
mo\'al of these restrictive provisions.
ATTACHMENT E--CIHCUL^R No, A-!02
PROGRAM INCOME
1. Federal grantor agencies shall apply
the stannares set forth in this Attach-
ment In Tf.quiring grantees to account
for program income related to projects
financed in whole or in part with Federal
grant funds. Program income means
gros.s income earned by the grantee from
grant-supported activities. Such earn-
ingS exclude interest earned on advances
and may include, but will not be limit.ed
to, income from service fees, sale of com-
modities, usage or rental fees, and royal-
ties on patents and copyrights.
2. Interest earned on advances of Fed-
eral funds shall be remitted to the Fed-
eral agency except for interest earned
on advances to States or instrumentali-
ties of a State as provided by the Inter-
governmental Cooperation Act of 1968
(Pub. L. 90-577) and advances made to
tribal organizations pursuant to section
102, 103, or 104 of the Indian Self Deter-
mination Act (Pub. L, 93-638).
3. Proceeds from the sale of real and
personal property, either prodded by
the Federal Govemment or purchased in
whole or in part with Federal funds,
shall be handled in accordance with At-
tachment N to this Circular pertaining
to Property ;.Ianagement.
'4, Unless the grant agrement provIdes
otherwise, grantees shall have no obliga-
tion to the Federal Government with
respect to royalties received as a result of
copyrights or patents proouced under the
grant or other agreement. (See para-
graph 7, Attachment N.)
5. All other program Income earned
during the brant period shall be retained
by the grantee and, in accordance with
the grant agreement, shall be:
(a) Added to funds committed to the
project by the g:-antor and graT)tee and
be used to further eligible program ob-
jectives.
(b) Used to finance the non-Federal
share of the project when approved by
the Federal SponsorIng agency; or
(c) Deducted from the total project
costs for the purpose of determining the
net costs on which the Federal share of
costs 'Il.'lll be based.
6. Federal grantor agencles shall re-
Quire the grantees to record the receipt
and expenditure of ' revenues (such as
taxes, special assessments, levies, fines,
etc.) as a part of grant project transac-
tions when such revenues are specifically
earmarked for a grant project in accord-
ance with grant Iil!reements,
rrACH~Nr F~IRCUl-AR No. A 102
MArCHING SHARI:
1. This Attachment sets forth crIterla
and procedu~es for the allow ability of
cash and In-bnd contributlons made by
Grantees, subgrankcs or third parties In
satisfying cost sharing and matching re-
quirements of Federal grantor a!;encles.
2. TI1e following definitions apply for
the purpose of this Att:u:hment:
(a) Project costs, Project costs are all
allowable costs as set forth in Federal
Management Circular No. 74-4 Incurred
by a b'Tantee and the value of the In-
kind contribution made by the gr?.ntee
or third parties in accomplishing the
objectives of the grant during the proj-
ect or program period.
(b) Cost sharing and matching, In
general, cost sharing and matching rep-
resents that portion of project costs not
borne by the Pederal Government. Us-
ally, a minimum percentage for m2.t.ch-
ing share is prescribed by program leg-
islation, and matching share require-
ments are included in the grant agree-
ments.
(c) Cash contributions. Cash cont.r1-
butions represent the grantee's cash out-
lay, Including the outla:l' of money con-
tributed to the grantee b;)' other public
agencies and institutions, and prh'ate
organizations and indhiduals. \Vhen au-
thorized by Federal legislation, Federal
funds received from other grants may be
considered as grantees' cash contrlbu-
tions.
(d) In-kind. contributions. In-lrind
contributions represent the value of
noncash contributions pro\ided by the
grantee, and non-Federal partIes. Only
when authorized by Federal legislatlon
may propert;). purchased vdth Federal
funds be considered as the grantee's in-
kind Contributions. In-kind contribu-
tions may be in the fonn of charges for
real property and nonex;>€:ndable per-
sonal property and the value of goods
and services directly benefiting and
specifically identifiable to t.he project or
program.
3. General guidelines for r,omput.lng
cost sharing or matching are as follows:
(a) Cost sharing or matchlng share
may consist of:
(1) Charges incurred by the g:-?.ntee
as project costs. (Not all charges require
cash out]a\'s during tile grant period by
the grantee; examples are depreclatlon
and use charges for buildings and equip-
ment.)
(2) Project costs financtO with cash
contributed or donated to the !:rantee by
oUler non-Federal public agencies and
Institutions, and private orglln!z.ations
. and Individuals.
(3) Project costs represented by serv-
. lees and real or personal property, or use
thereof, dona ted by other public llf;encies
and Institutions, and private orGaniza-
tions and individuals.
(b) All contributions, both cash and
in-kind. shall be accepted as part of the
grantee's matching share when such con-
tributions meet. all of the ronowlng cri-
teria:
(1) Are verifiable from the grantee's
records;
(2) Are not In~luded as co"nlributlons
for any other federalb'-asslsled P!D-
gram;
fEDERAL REGISTER, VOL "2, NO. 176-MONDAY. SEPTEMBER 12, 1977
. 1 ___
._,,~ ______ ..~__.._t.fY<{d~'~_
_1Il_Ii~lAilIillMmll.~:'_~~Ii!tll'_.4l...~,~~~,~;;;;""",~;;.-,~~~;;;::;;;,7';;;:;~,;.:.;:,' ~ ~, 'c, "",,'
NOTICES
45831
(3) Are ne.::~."lU"Y 8.Ild re~ona.ble for Or use Chhr!;eS for (-<iu1pment a..;'d buUd- (b) Record3 thR.t IdelltlI~' P.C!r-qUll\.cly
proper and elliclcnt accorupl!shment of Ings may be made. The full value of the SQurce ~_nd npplkA.tlon of funds for
project objccU,'cs; equipment or other capital pssds and grent-supported activities, Th~e records
(4) Are types of char,;es that would fair rental cr.fir!;CS for lrLlld IDay be ma.de 5h!\1l contaln Infonnfition r~rl?Jnlng to
be allowable under f'MC 74-4. provided that tlJe gr-antor ugency has Federal RWA.rds and aull.orlz.'ltlons, ob11-
(5) Are not p:J.ld by the Federal Gov- apvrovC"d the chruges. gallons, unobJlg?t.cd balr-nces, \1..5sets, 11-
ernment UDder filloL~er ll-"S1.5tsulce agree- - (2) The value of donated proverty will abilities, outla;>,s, hnd Income.
ment UD](~ flUthOro..:-d under the ollier be detennined In accordance with the (c) EiTectlve control, over and ac-
8b'TCemenl. and the laws and regulations usual !l-CCOUnU!1g pollcles of Ule grantee. c0untability for nl1 funds. property, and
It is subject to. . . ' ..nUl the fonowing qURllikations: other l'.ssets, Grant.ce.s 5hall f>Gequntcly
(6) Are provided for in the approved (a.) Li:Ind and lruildings. The'value of safeguard all such assets P..:1d.shall p_"sure
budget when required by llie Ftxie:-Rl donated 18.Ild and buildings may not eX~ that they are. U-"ed solely for authorIzed
agency; .lUld .Cccd Its fair me.rket value, at tbe time of ,purposcs. .
(7) Conform to other provision!! of donation to, the grantee as cstabH.seO by .' (d) Comparison of actual outlass with
this Att.achmcnt. _ an independent appraiser (e.g., certified budgeted amounts for e~h grant. Also,
4.. Vl\Jues for grantee in-kind contrl- re.'\l property appralser or GSA rcpre- ' rcla.tlon of- financial inforrT'.J>lIon with
butlons will be est.abliE.-~ed at llie gran- sentatiyes) and cerW'led by 8. responsl- performance' or productivity ,c!'.ts., in-
tee's actual cost In accordance wiUiPMC b1e of11c!al of the grantee.. cJudL'"1g the productlon of unlt cost 1D-
74-4.. . (b) :,ron.e:rpendablc personal propertU. formation whenever appropriate llIId re-
S. S~'CUk procedurcs for the' grantees The value of donated nonexpendabla' quire<! by Ule grant<Jr l\ge~cY.
'In C5lablL<JU~ the value of In-l'.Jnd con- . personal property shall not exceed Ule' - (e) Procedures to tn1n1mlz.e the time
, t.r1bution.s from non-Federal thJ.rd...IJ!i.r-: fair market value of equipment and elapsing between the transfer of funda
tics are set forth below:., ' ,', _property of the same age and, cond1tion from the U.s. Trcp.sury and the du-
(a)' Valu.atlon oj roItinteer services: at the ttme of donation. bursement by the .ranu-e, whenever.
Volunteer services may be furnished bY' (e) Use of space. The value of donated Nnds are aQvanced by the Federal ~v-
. professional lUld t.echnlcal personnel. - sP!l.Ce, shall not exceed. tbe fair rental errunent. Wben 'adYe.nc.cs are made by
consull;u1ts, and otber 8killed and un- value of comparable spo..ce AS established .a letter-of-credit method. tile grantee
skilled labor. Vclunt.eered serv1ce may be by an' Independent appraisal of compar": shall make drawdo";"'-'....s from the U.S.
counted as cost shs.ring Or mat.chlng if able space and facllllles in a prlyately. Trep.sut'Y l\.Sclese as possible to the time
the service 1s an integnU and necessarY o....'Doo building in the f;ame localIty. of making the dlsblL.-seme..'1ts. Advances
part of an approvOO"progr1l.Il1.. . '(d), Loaned equipment. The- ysJue o! - made by prtmary reclpleot or&anlz.atlona
-(1) R..a.!e3lor t>Olunteer .sc::T17ice.!. Rates loaned eqw.pment' shall not exceed Its :(lliese which ree-dye paymen~\d1recUy
for voluntecn should. be consisknt with : filir rental nJtie. " -, " from the Federal ~vernment) to see-
thr.se paid for 51m11&r work in other s.c- 6. Toe folloWing re<:u1rements pertain ondary recIpients shall cOrUorm sub-
lhiUcso( the state or locsJ gUTemmenL~ ~. the r;rs.nlee's supporting record; for stanUslly to t...'1e snme standllrdl! of Urn---
In those ln5ta.nces In wb1ch the requ!red in-ldnd cont.rlbutio..'"1B f['9m non-Federal tn. and -amount as BPP}y to adyances by ~
~. ~~ not found In the griult.ee ~_. ' third partIes. .. , :. -, , Federal agenct~ to pr1msry recipient
nlL::.t!on. rates should. be co!JSI.stent, wil:h ,'. (&) Volunteer services must be dvcu- oriLlliz.'itions.' . . . .' .
. those y.Lid-ror tUmllAr' work 1D. uie labor ' 'me:nted a.nd, to t.~e extent feasible, sup- (0 Procedures for determining res-
J:llJli-ut In -which Ule .-ranke ~tes ported by the r,ame methods- used by tbe rons.bleness, aIlowab11lty e.nd !\.llocablll-
, f~ the k::tnd. ,or eerv1ces involved. ,. ~tee feIlts employees. " . '" ly of C05t.s in accordance with' t.~e pro-
_ _ . <:nYoll>n.tuT. emp!in;e:d. btI otAa' (b) TIlE: basis for d-et.erm1nlng the vIsions of F'ederal M.a.snl;.ement Clrcclsr
orgc:~. When an employer o~ 'vs.lustion for personBI se..'"\ices, mnterta1. 74.-L " .
. :ihnn ~e grantee furnIshes. the servL--es o! equIpment, bu!Jdlns!!.-snd land must be (g) AccoUnUDg records. that ~e 6\l1l-
" flI1 employee. these ilervke3 shRll be documented.. - ' ported by soUrce documentation. .
,. valA.;o.d,at the employee's regulnr rste of .,' _' (h) Ex3.ml.natJons In the torm oft
pay (exclusIve of fringe' benetlt.s . and .' AnA~r G-CIllcuy.KNo. A-102 audIts or internal audits. Such ~ud114
. . cvuhcsd coot) pro....ided these &CIVices p.rAliIlAllDS TOR GF.A1frU mANClAL lU.]iAGI:-' shall be made by qwillfled indlndusla
are in the 5&Ille skfIl for. whIch the em~:'. ", - ),tX.'i'T SYSTOU " ,.' who are sutnclenUy Independent of those, -
plO)'t:e ~ normfilly paJ4. . _', . '-" -.,..-" ' ' who authorize tbe expenditure of 1"ed-.
~~ {b} VaJ~un 01 dur..a'ted e.-Per..dCble 1. This Att.'\Chmcnt prescrl~ sts.nd-. eral f~ds, to produce unb!ll..<.ed opIDJonS.
personal property. D:>!l~te:a e~<U)le arCs for f1nR.Dct~ pllUlagement ~"Stema conclusIons, 'Ol" judt;mer:.ts. These ex-.
p"..nooal provcrty includes such Items as ,of 6TIillt-suworled a.clh1t1es of state, to- amtnllotions are intended to e.scerls.1n the
expenCable eq~ent.,. ofnce Ii1U'plles. 'en!. and red~raTIy recognl.zed Indian trl- eCectivenesS of the fln-'l.nclal mlUlage-
_lL'bon1.lory Ialppllea. Or worksbbp and" ba1 go,~ents. Federal grsr::tor ~en- ment systems lUld internal procedures.
clf'_"5I'OOm SUWlles.. Values assessed to ex-' cl~ sh.all not Impose s.dciltioIisl s...snd- tilat have .been est..'iblished to meet the
p.':ndllble pen;oDAl prcye.rty included In . ardll on grlillt= unless specltlcal1Y pro- terms and conc11tlons of the grant, They
the coet or matching sb=-e should.be vlded for in other AttF..chments to this should ,be mllde in 1'ccorUs-nce with gen-
_ ' re&SQ..'11\ble and ~bouJd Dot' exceed the .CircullU"' IIowever. grantor asencles are e..~ accepU:d aucUting standarea In-
fal: mc.rltet vtlJue of tile property at Ule encoun.ged to roue 6Ugg('-stbns and as-. eluding the st.andard3 published by the
time of the doostloo. ':. ,l:lst the grent.ees In e:st.sb11sh1ng or 1.m- General AccounUng Office, St..'U1d!U'da
(c) Va1~af{on 01 donated 7Ulnexpend- pro\'lng nne.nclal IIlIUll'.&Cment S)'stems for Audlt of Governmental Ofl)!inlz.9.-
able pcr:sO?UJl propcrtv, buIldf7193 and when sUch .nsslslance 1.5 necde3 or re- lions, Progrnms, AcllvlUes, and Fune-
land or u.,e thawJ.' " quested. tlOOl!. It Is not Intended tilat. ea.ch grant
(1) The method -u....oo for charging'. 2., Grantee financlal m~~ernent sya- awarded to the recipient be examined.
IDAlc.h1ng sha..-e far donAted none~d- terns shall prov1d~ for: , ' Genernlly, eXAminations should be con-
ab~e pen;onal property, buildings. and . (a) Accurate. current. and complete. ducLed on an_oTbanizallon-wlde be.s'.s to
land may dlll'er depe:ndlng\1.?On the pur-' d1scl~ of the t1nanclal results.of each test the ti=&l In~grlty of l"mIUlCtal
~ of the grant as follows: grant. Probnun 10 accordlUlce with' re-. transactions, as wen M cornpllance with
(a) II the purp<x;e o! the grant 1:1 to port1~ requlremen~ set forth In At-. , . tile 'terms and conditions of the Federal
furnish equ.\pmeIJt. bulld.lnp, or land to' tacluncnt. II .to this Circular. When ~ grants. Such test.5 would include an ap-
the gn>ntee OT otherwise pro\1ded a faclI-, PedeJ'>\.l1:I1mtor atlency requires repo~- propr~te sampling of Fcdernl ~ts.
Ity. the lotall'a.lue of the donated 'prop- ~ on IUl accfWll be.sl.s, the gront.ee shall ExamL"1atlons will be c.o.-.ducted v.1Ul
erty may be clIilined as .. mlltchl~ rJuu-e.' not be required to estsbllo;h an accrual rc&som.ble f~ucncy, on a eontlr.u1.'1&
(b) II the purpose of th~ grant is to accounting !i)'stem but sh:ill dc'..elop sudi , basis or at scheduled L'1terval&. usua~ -
support acUv1Ues, that require the u..-.e of, ~rual. datA on Its )'1:pOrts on the basl.5 annus.lly, but not less frequently than
equIpment. bulld.."lg3. Of' land on a tem- . of an lUlalysu. of. the docume.'1t.at.)on on every two yeA11l. The frequency of tbe5e
por&I7 or parl-t1me baS15. depreclRUon band. eX~mL'lJI.t~ ~~de;>end upon the n&-~
. -
FtDE~L .rolflR._V?L ~ N? lT~ONDAY, ~J[l 12, 19" -'
.. .
'__ r ,_,......,;.~~~_~~,~"~~--~,~--_.._ti':/;;:.'~-,-
~ ," _' ~_ _., _ - .1LJ l .~~!,,~~u_4~~~_~~,-~~j/~~~'"~";?~'S.~~"~~'f~'-~~.<~-,~~:;~'L:_,-':.:~~;:<~~~~i,.,~;~"~~~''-'''' ..:- "?~." _. -,: ,. ~,.: ._-~r.::~~,.~'- .' '-~:-.'~ .
NCTlCE$
4;)....~9
!
..
.
,
i
make it amfl'\ble for tL:.e on other pro'- is comi>u!-ed by r.ppl,ring the' pc~entas~ ~;~~r~,~~~~~~ nnd n~~ult In Ole
ects or programs it such otber use '~111 ot the grl'J1tee PRrtlclpR.t1on In e cas 7. E:tpcr.d<1blc pcrsollar"propcrtll, TItle
not Interfere with the worx on tbe proJ- ' or the original grant project or pro!;ram
. rt to the current 'air m^ ~ket value of the to expendable personr..l property shal.!
ect or proi.ram for which the prope y U~! ,... tin-' .._ IsIU II
! pror."rty,' plus an" reR.5onRbb shipping vt-.s n ,.oe grill),,=, upon acQU on.
WlU; or4:;1nRlJy ll.CQulred. First pre ,crence,~ J d there is a resIdual Inventory of such
ror'such other use malllJ.e given to ollieI' o~ Intelim 1'ton>..ge CDSts 1ncu..,( . 'property e::cecdlng ~1,OOO In tow Ri:gre-
projects Or proj;Tar.1.S sponso;-ed by the "(c) II the grantee is' In.~tructed to gate fair market value, upon termlna-
F'cderal p.f:'cncy that ftnanced the'prop- 'otherw1.~ dispose of the property, thc ~ion or completion of the grant and if
erty; second preference shall be (;iven gTlUltee shall be Je1mbursed by the Fed- , tbe property is not needed for any ollieI'
to proJeets or proe;ra.ms sP<mosred by ernl, agency for f'uch ccsts incurred In ' federally, ~pOnsored project or prog?lUn,
other Federal a&cncles. If, the pro~rty its disposition. tile gm.ntee shall retain tbe prOpeny for
IJ;' OWYlf'd by the Federal Govem....rnent, (d) PrapertJ/ man(l.Qcrnent sta~ard3 us'!l on nonfcderallysponsored activiUes,
' use on other 'acth1Ues not spO:1Sored by for none:r:p!:lldable prOPcrtll. The gyant- or sell it, but must in eitber case, com-
the Federal GQvernmcnt shall be ~- ee's property mansgement st..'Indftrds for pen.sn.te the F-ede.ra.l Government for its
m.ls.slble if sutborlzed by the Federal Donexpendable personal property shall share, The aUlount of c~mpcnsR.tion shall
agency. 'User chs.lt:es "hauld. be con- Include the follo\\1ng procPdurnl requlre- be computed in tbe same m.'UlIler fl$
sldered if Il.p;>ropnate. . "lnents: tloncxpends.ble personal property.
(c) IY..!posltion 01 ot~ r.onl'-xpcnd-. (1) Property records shall be main- 8. Inta1l1lible propertJ/.
able prcperlv. When the ETantce DO talned accurately and shall include: (a.) Inventions and patents.,. If any
lone;er needstbe pI'()))erly as pronded (a) A description of the property.' prognun produces patentable items,
In 6b above, - the property ma.y be used ' Cb) Manufacturer's l'erial nurr..ber, , patent rights, processes, or Inventions,
for other s.cU'i1tles in e.ccords.nce with model ntL'l1ber, Federal stock number, In tbe course of work sponsored by the
the toll owing standards: national stock mnnber, or other 1dentifi- Federal Government: such tact s..'f)all be
<1r NonexpcDdable J;roperty witb a cation number. , promptly a.nC fully report.ed to tbe Ped-
'-unlt acquisition cost ot leSs than $1,000. (d Source of the property including eral agency. Unless tbere is a prior agree-
The gro.,nl.ee may use the proPerty tor grant or other p.greement number. , ment between the gnmtee and tile Fed-
other acUvitles v.1thout reimbursement (d) Whether t.itle vests In the grantee eral agency on d1.sposiUon of such items,
'to the Federal Government or seD the or the F'Me:-al CrtJvernment. , . the Federnl agency shall det..crmlne
property and reta.1n the proceeds. . (e) ACQuisltjon date (or date received.. whether prot.ectloI;!. on the Invention or
(2) . Non~nd1lble personFil -property if the property was furnished by the dJscovery shall be sO}lgbt. The Federnl '
with a uD.1t !l.CQuisltlon cost of $1,000 or Federal GDvernment) and C06t. . s.gency will also determine how tbe rights
. II)ore, The grantee may retain the prop- (t) Percentage (at the end ot the in the Invention or d1sco,,:ery, including
erty for other uses pro'i1ded that COm-budget year) of Federal participation In rights under any patent issued thereon,
pen.<:at1on is mr.dt! to the original Federal the cost of the project or program for shall be allocated and adm1nisLrated In
a&CJ1cy or JIS lruccessor<rbe amount 'of __whleh the property was a.cqul:-ed. (Not "order to proted the publIc interest con-
compensation shall be computed by ap- applicable to .property furnished by ,the slstent v.ith "Government Patent PolIcy"
p~'ing the percentage ot Federal par- Federal CrtJvernment.) _ . (President's Memorandum for Heads Of
ticipatron In the -GOSt of the original (g) Location, use, and condition of Executivc I){'partments and Atencies,
project or progrsm to .the current tair the property and tile date the intorma- ' August 23, 1971, flIld statement of GDv-
Il"...arket value of the p~perty. It tbe tion \;"E,S reported.. .- . . 'enunent Patent Policy as printed In 36
grantee bas DO need. for the property and (h) Unit acquisition coSt.' .fR 16889). . '
ilie property hss further u-"e value, tile (f) mtlmate disposition data, lriclud- (b) Copllrlvhts. ~xcept as o~erwise'
grantee shall request disposition lnstruc": Ing date of dispo.:;a] and sales price or pro\1ded. in tbe terms and conditions of'
tions from the orl.;,.'1nal grantor agency, the method tL~d to det.ermlne current tile agree~ent the autbor or the bTIlntee
The Federal agency shall detennlne . fair market value where a granlee com- organ17...atlO~ Is tree to COPYright any
whether the property can be used to t th Fed 1 n y for its share books, publications, or ollieI' cOPYJ:!ght-
meet the agency's requirements. If no pensa.es e era age c . able materials developed in tbe course ot
"rf'Qulrcrnent exists w:tmn that agency, (2) Property owned..... by the Federal or under a Federal &greement, but tile
the nvaUnbil!ty of the property shall GDvernment must be marked to Indl- Federal !l.t:CDCY shRlJ ~erve a. royalty-
be reported., In ac.cord!Ulce with the cate Federal owne'-ship. free nonexclu:;h'c and LJevocable right
guidellnes of the FPderal Property (3) A ph.yslcal Invent~ry of property to reproduce. publl~h, or, otherwise use,
Management RegulaUons (FPMR), to chall be taken-and the results reconciled and to li.uthor1.ze olliers t.o use llie work
tile Ge..'1eral Scn1ces AdmJnlstration by wIth the property records at least once for GOvernment purposes." "
the F'ederal agency to det.enn.ine'whellier eve!)' two J.'ears, Any differences between 9. ExceSl personal propcrlll. 'When
a requirement tor the property exists in Quantltles determIned by tile physical title to exc= property Is vested. In grnnt-
other ,Federal agrnclf'..s. The Federal in~yectlon and those sho'\\"I1 in the ac- ees such ~rop€rt)' shall be accoun:ed for
hbency shall i.<;.~ue instructions to the counting records shall be Investlga!-ed to and disposed of In aocordar.ce witb para-
grantee no lRter tblln 120 days after detennlne tne ~C!iUses of the dltrerence. graphs 6tc) and GCd) of thIs attAchment.
the grantee request hIld the following The grantee shall, In connectlun with the ATTAC1J!.!I::NT O-CIllCULl.R No. A-102
prvcedures Bhall go\'ern: , inventory, \'erlty the existence, current
(a) If &0 Instructed, or if dL.~posltlon uu]lzatlon, and continued need for the
lrutructlonll are not Issued within 120 property~
cnIe.ndar days after the grantee's re- (4) A control system .shall be In effect
QUest. tile. grantee shall sell tile prop- to il"'.sure r.dequate safeguards to prevent
erty and reilnburse the Federal agency loss, damage, or theft of tbe property.
an amount compu!.lod. by applring to the A.n.J lo..'iS, damage, or tbeft ot nonex-
sales proceeds the percentage ot Federnl pendable property shall be Investlgated
particIpation In tlJe cost of the original and fully documented.; if tbe property
project or progThID. However,. the was owned by the Federal Go\'ernment:
grnntee ~hall be permltt.ed to deduct tbe grantee shall promptly notify tbe
e.nj reta1n from the F'E:deral share $1)0 Federal agency.
or ten percent ot tbe prC>O'eds, whlch- (5) Adequate malnt.enance procc-{jures
e\'er is greater, tor t.he grantee's sell- shaIl be lmplementcd to keep the prop-
tng and handlIng e.xpen..o;es. " _"' erty In good con dEl on. .
(b) U tile grantee 15 fii5truc::Led to (6) \",'here tbe grantee is Ruthorized
ship the property et~where tile eiantee or required to sell tbe property. proper
sh&U be re1mbun;ed bY the benefiting sales procedures shall be established
, F'edernl agency with an amount which which would provl1e for compet..ition. to
, 1'1!QCUllEMINT STA.....DARDS .
1. This Atta.chmcnt pro.1des sbndards
for w;e by bTIlnLees In establishing proce-
dures for the procurement ot supplies,
equipment, construction, and ollier serv-
Ices v.1th Federa.l grant tunds. These
standards are . furnished .to Insure tha.t
such materIals and services Rre obtained
In an effective manner and in compliance
with tbe provlslons of applicable F'l>deral
law and Executl~'e orders. No additional
reQuirements shall be Impo.sed by the
FederAl ager:c1es upon tile grantee:s un- .
less speclfkally required by ~de.al law".
or Executive orders.
2. The Standards contained in t.his.A~
~hDlent do not relieve the grantee of
tile contractual resPonslbilltles arlslnlt
FfOElAl.lfClSrrt, VO_L. 0, NO. 176--MONOAY, SEPTEMBEI 12, 1977
~~
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~S:)90
NOTICES
under IL.. cont:acts, The ~;Tfillt.ee is the low these ~ources the ll1axlmwn ft'a..:;1ble Notwlthstr.ndlrig the existence of clrcum-
rcspol"..slblc authority, without. recourse opportunity to compete for c.ontracts to stanc.cS justifying n('gotlatlon, competl-
to tl)e grantor agency re6aroing the set- be performed utjJIzlJ1..g Fl"derP.l ISrant tion shall be 0b:<llncd to the maximum
tlement and satisfaction I)f all contrac- funds. extent pr;u;tlcR.ble.
tuRl ?J1d ..~lIlirJstrative I~ues arising out (4) The type of procuring Instruments (7) Contracts shall be made only with
ot procu'tr:1cnts entered Into, In support used (I.e" fixed price contr;u;ts, cost re- responsible contr::.ctors who pos.~css Ule
of a gnll1t. This Includes but Is not lim- 1mbursable contracts, purcha-~ orders, potentlal abilIty to perform succes,sfullY
lted to: dispu~, claims, prok-sts of incentive contracts, etc,), shall be ap- UI?dtr the terms and cvndltiol"..s of a pro-
award, solVce evaluation or other mat- propriate for the particular procurement posed procurement. Conslde:-atlon shall
ters of a contra.ctual nature. Matters and for promoting the"best ir,(,crtSt of be given to such matters as contractor
concemL'1S violation of law are t.o be re- the grant program Involved. The "cost- integrity, record of past perfonnance,
ferred to such local, stat.e, or Federal plus_a_percent.age-of-cost" meOlod of finanC1al ~nd technical resources, or ac-
authoritr as .rr..ay have proper JurisdIc- contracting shall not be used. ct""",sibility to other necessary resources..
tion. (5) Fonnal a.dvertLsing, with adequate (3) Procurement re{;orC.s or files for
3. Grantees may use their own pro- purchase description, sealed bIds, and purchases In !UDounts :n exec-ss of $10,":
curement regule.tlons which reftect ap- public oyen1.rlgs &'1 all, be the required 000 shall proylde at least the foUowlng
pllcable St.ute and loc.s.l law, ru1es and method o! procurement unless negot1.a- pertinent l.clormatlon: justifjcatlon for
re;;uIRtlons provided that. procurements tlon pursuant to para..graph (6) below is the use of net;otiatlon in lieu of advertls- '
made v;lth Federal grant funds a.dhere necessa.ry to accomplish sOlmd procu..-e- ing. contractor sek~tlon, and the b!k<.1s
to the standards set forth e..s follow.: ment. However, procurements Qf $10,000 for the cost or price nel)ot!a~ '
(a) The grantee shall maintaln a code or less need not be so advertised u.'1less (9) A system for contract adlI'..1nl.Etra.-
or standards of conduct which shall otherv;ise required by state or local1a.w Hon shall be maintained to assure con-
govern the performance of Its officers. or regulations. Where such advertised trnitor conformance with tenns, condl-
emploj"ees, or agent6 In contracting v.1tl1 bids are obtained the awards shall be t.ions, filld speclflcaUons of the contrac~
and expending Federal grant funds. m&.de to the responsible bidder whose bJd or order, and to assure adequate and
drantee's omeers, employees. or agents. is respor..slve to the Invitation and is most t.imely followuP of all purcha.ses.
shall neither sollc1t nOr accept. gratuI- advantageous to the grantee, price and 4. The grantee sr.all Include, in addl-
ties, favors, or anything 01 monetary other factors considered. (F'f\.Ctors sucl) tion to proyislons to define 8 sound and
"alue from contra.ctors or potential con- ~ discounts, transportation costs, t.a.xes complete agreement, the following pro-
tractors. To the extent permissible by may be considered in det.ennining the visions in all contracts arid subi;Tants:
State or local law, roles or regUlations. lowes~ bid'> Invitations for bids shall (a) Contracts shall contain such con-
such st.s.ndards shall provide for pena.l- ' clearly set. forth all requireme:1ts which tractual pro,~ions or conditions wh.lch
ties, sancUons. or other disciplinary .s.c- the bidder must. fulfill in order for his will allow for adm'nl~traUve, contractual,
tlons to beappl.led for \iolatlons of such bid to be evalusted by the &nmtec. AnY or lc",r-al reme&Jes 10 instances where c.on-
lStandar~ by eltheF the grantee otncers. or all bids may be reJected when it is in t~ton; \iolAte or bresch contract terms.
emplo)'ccs, or agents. or by contractors the grfilltee's mterest to do 00, and sucb and provide for such SB.DCUonb and
o~ their ~ent&. . rejections arc in accoroa..TJ.ce with OJ>pU- pensJUes f!.S may be appropriate.
(b) All procurement ~act1Gns re-. cable state and local ls.w. roles. and (b) All contracts, amounts for which
iardless of whether negotiated or adyer- regulatlons, . . a.re in excess of $10,000, E-hsll c()ntSln
. tlsed and without regard to,dolliu" value , (6) Procurements may be n~ot!ated sWt.able provisions for term1naUoD b7
~all be con-1ucted in eo manner 50 a.s to 11' it is impracticable and unfeeslble J,o the iTSn!.ee including the manner by
pro.1de max!mum open and free compe-' use formP.l advertising, Generally, pro'; wlllch it will be ~ectcl and the bl'-Sll
, tJUon. The gra.n~ should be alert to or- curements may be ne&otlated by the for 5ettJement. In addlt.1on, such con-
.ant:aUonal contllcts of interest or nOIl- gT"',...nt.ee l!: ,., ' .' t..-p.cts sluill describe condltlOns under
compet.1U,'e p~t!ces among contractors (a) 'the publ.lc exlsency will not per- whic~ ftbe cont.rnct'msy be teI1:ll1n.sted:
...hJch xpB.Y restrict or el.\mlnn.te compe- mlt ule delay Incident to advertising; for ceo auIt as well as c.onditIoru; where
tlt.1on or o~erwise restra.1n trade. , (b) The material or service to be pro- the cont.."i\.Ct may Ce term1n3ted because
(c) The a;rant.ee shall establlsh pro- cured is ava11B.ble from only one person' of c1rcum.s~nces beyond the control, or
curemcnt procedures which pro\1de for. or firm: (All contemplRted sole' source the contIil-Ctor. '
as a minimum. the following procedural procurements where tbe aggregate ex- (c) All contracts awarded by grant.cas
requirc.ment.a: penditure is expected to exceed $5,000 :and their cont~ton; or subbrantecs ha.- .
(1) .' Proposed procu~ment acUon:; shall be referred to thc grantor agency Ing eo value of :nore then $10,000 shsll
shRll be reviewed by grantee omcials to : for prior approva.1.) . c?nts.1n a provislOn requirlng compll~ce
a.vold purchasing unneccssary or dupU-' (c) The a&gregate amount. in\'ohed ~ith E;ecu,t.lve .order 11246, enUtled.
catlve Items. Where appropriate. an does not exceed $10000' Equal Employment Opportunity." as
anP.lJ'S\s shall be made or lease and pur- (d) The contract 15' for. personal or amended by Executive Order 11375. and
. cha.se alternatives to determine which prof~.slonal 6erv1ces' or for Il.DY service a.s supplemented In Depa.rt.ment of Labor
would be th~ most economkBI. prncUca! to be rendered by s. u'ruverslt.y collt-ge or rt"gWaUons (41 CFR Part 60). ' ..
procurt:ment. ollieI' (-duCR.t!onn.l \n.~t..1t.utlon.s'. ' (d) All contracts and subl>rnnts for
(2) Invltatloru; tor bids or requests for (e) The materlal or servic~ are to be cocslructlon or repi\ir shall include ..
pro;>05Rls shall be b<>~ed' upon eo clear procured and us~d outside the llm.lts of E:oVi.-:~on tor comp!ian?,e v.1th the Cope-
and M:Cur8te descripUon of the techn1- the United St.a~ and Its possessions" nd Anti-Kick Back Act. 08 U's,C.
cal requirements for the ma.terial prod';' . . 874) a.s supplemented In Department of
uct, or sen1ce to be procured; Su'ch de- '(f) No accepu.ble bids have been re- Labor regulations (~9 Cl-""R, Part 3)" This
scription fhall not, In competJtlve pro- celved alter tormal ad.' crt ising; Act provJdes that each contrs.ctor or
curements, contain features which un- (g) The purchases are for highly per- subgrant.ee shall be prohIbited f.rom in-
duly restrict compeUtlon. "Brand name 1.shable materials or med1cP.l supplies, for duclng, by any means, any pel'Son em-
or equal" description may be u.~ed a.s ..' material or serv1ces where the prices are plo)'ed In the construction. completion.
. means to define the performance or other established by law, for U:chnlcal item.s or repair 01 public work, to &lye up any
t;..l1ent requirements of a procurement, or equipment. requiring standardization part of the . compensation to which be
and when so \l.o;ed the ~pedflo feat.ures 01 and InterchanGeabUlty of parts with ex- is otberv.ise ent1tJed. The Grantee sh..oJ.1
Ole named brand wlllch must be met by Isting, for experimental. developmental rep.:>rt all suspected or reported \10la-
otl:erors should be clesrly spec1.fied or research work, for supplies purchs.sed t.10ru; to the grantor agency. '. "
(3) posllh'e etl:orts shall' be made by for Buthor1zed resale, Bnd for technical (e) 'When required by the Pederal
tb te to' or specla1!zed supplies reQuirlng substa..n- KTal1t program legislation all construe
e.-ran es ut1llze small bu.sln~ and t.1al initial Investment. fo: m,!-nwacture; lion contr&.Cts awarded by grantees and
minority-owned business sources of sup- (h> Otherv.ise authorized by law. roles, subll.7anlees ,In excess of $2,000 shall in-
plles and 6ervlces, Such etl:orts should al- or 'regu1~tlons. elude a pro.i.sl~ for compl1ance ~th
- -" ~ ..
fE\?tlAl lfGISTR, VOL 42. NO. 17~:;.MONOAY, SEI'TEM~El ~2, 1977
-
1O'liN.~~
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'Ole Davis-Ba.con Act (40 U,S,C, 276a to
B-7) and. as supplemented by lX'part-
ment of Labor re~:ulatlons (29 CPR, Part
5), Under this Act contractors shall be
required to pay wages to laborers and
mechanics at a rate not less than the
minimum wa{;es specified in a wage de-
termination made by U.e Secretary of
Labor, In -addition, contractors shall be
requ,ired to pay wages not less often
than once a week. The grantee shall
place a copy of the current prevailing
wa.{;e determination issued by the De-
partment of Labor In each solicitation
and the award of a contract shall be
conditioned upon the acceptarice of tile
wage det.erminatlon. The grantee shall
report all suspected or reported viola-
tions to the gra..11tor agency.
(n \Vhere applicable, all contracts
awarded by grantees and subgrant.ees in
exce.ss of $2,000 for const.ruction con-
tracts and in excess of $2,500 for otiler
contracts which involve the employ-
ment of mechanics or laborers shall in-
elude a provision for compliance with
sections 103 and 107 of the ,Contract
Work Hours and Safety Standards Act
(4{) U,S,C. 327-330) as supplemented by
Department of Labor regUlations (29
CPR, Part. 5). Under section 103 of tile
Ac\" each contractor shall .be required
NOTICES
to compute the waGes of every mechanic
and laborer on the basis of a standard
work day o~ 8 hours and a st,cndard work
week of 40 hOllrs, \Vork In excess of the
standard workday or workweek is per-
missible provided that the worket is
compensated at a rate of not ~ess than
11h ti;nes the basic rate of pay for all
hours worked in excess of 8 hours in any
calendar day or 40 hours In the work
week. S~tion 107 of Uie Act Is applica-
ble to construction work and' provides
that no laborer or mechanic shall be
required to work in surroUndings or .un-
der working conditions which are un-
sanltary, haza.dous, or dangerous to his
healtil and safety as determined under
construction, safet)', and health stand-
ards promulgat.ed by the Secretary of
Labor. These requirements do not apply
to tile purcha.ses of supplies or InB.terials
or articles ordinarily available on the
open market, or contracts for traJ"..spor-
tationor transmission of intelligence.
(g) Contracts or agreements, tile
principal purpose of which is to create.
develop, or improve products, processes'
or me1hods; or for exploration Into fields
which di;:-ectly concern pUblic hea1til,
safety, or welfare; or contracts in tile
field of science or technology In which
there has been little significant experi-
45891
ence outside of work funded by Federal
a~;5!stance, shall contnin a notice to the
cffeet tllat matters regarding rights to
inventions, and materials generated,
under the con:,raet or agrccnlcnt are sub-
ject to the n:-gulatior..s is~ued by the Fed-
eral grantor 3Gcncy and the grantee,
The contractor ~hall be .'Hhised as to
the SOllrce of additional infolmatlon re-
garding these matters.
(h) All negotiated contracts (except
those of $10,000 or less) R\\"rded by
effect that tile grantee, the Federal
grantees shall 'include a provision to Ole
grantor agency, L~e Comptroller General
of the United Stat.es, or any of their duly
authorized representatives, shall have
a..ccess to any book.s, documents, papers,
and records of the contractor which are
din."Ctly pertinent 1.0 a. 5;>ccific grant
program for tile purpose of making-
audit, examination, excerpts, and tran-
scriptions.
. (1) Contnu:ts and sub grants of
amounts in excess of $100,000 shall con-
tain a. provision which requires the re-
cipient .to agree >to comply v.ith all ap-
plicable standards, orders, or regulations
issued pursuant to the Clean Air Act
of 1970. Violations shan be reported >to
tile grantor agency 1lJ1d the Regionai
Office of the Environmental' Protection
Agency. .
IFR Doc,77-2594-4 Filed 9-9-77;8:45 ami
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