HomeMy WebLinkAbout20231157.tiffRESOLUTION
RE: APPROVE APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT (EECBG) PROGRAM AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY,
AND DEPARTMENT OF FINANCE ADMINISTRATION TO ELECTRONICALLY
SUBMIT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Application for the Energy Efficiency
and Conservation Block Grant (EECBG) Program from the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Departments
of Facilities and Finance Administration, to the U.S. Department of Energy, Office of the Under
Secretary for Infrastructure, commencing upon full execution of signatures, and ending
January 31, 2024, with further terms and conditions being as stated in said application, and
WHEREAS, after review, the Board deems it advisable to approve said application, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Application for the Energy Efficiency and Conservation Block
Grant (EECBG) Program from the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Departments of Facilities and Finance
Administration, to the U.S. Department of Energy, Office of the Under Secretary for Infrastructure,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign said application, and Cheryl Pattelli, Chief Financial Officer be, and hereby
is, authorized to electronically submit.
cc:ci.(RRIcP),i cT(cO)
04126/2.3
2023-1157
BG0025
FI0078
APPROVE APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT (EECBG) PROGRAM
PAGE 2
The above and foregoing- Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditoriA) W 4/114:4.
Weld County Clerk to the Board
BY:
AP
County Atto ey
Date of signature: 04/26/23
Mikeman, Cha'
er
Sc tt K.
B k, Pro-Tem
James
XCUSED
evin D. Ross
Lori Saine
2023-1157
BG0025
FI0078
Contva
IP-tkoae
MEMORANDUM
TO: Clerk to the Board DATE: April 24, 2023
FROM: Cheryl Pattelli, Chief Financial Officer
SUBJECT: BOCC Agenda Item
The Board has agreed, via email, to apply for the DOE's Energy Efficiency and Conservation Block Grant
(EECBG). Weld County has been allocated $231,790 for this grant. The grant can be used for the
following items below and Facilities is working to identify project(s) that would be applicable to the
grant. The pre -application paperwork is due April 28, 2023. Staff will ensure the application is
submitted afterwards in a timely manner.
• Developing and implementing an energy efficiency and conservation strategy;
• Conducting residential and commercial building energy audits;
• Establishing financial incentive programs for energy efficiency improvements;
• Developing and implementing energy efficiency and conservation programs for buildings
and facilities;
• Developing and implementing programs to conserve energy used in transportation (e.g. flex
time for employees; satellite work centers; zoning guidelines or requirements that promote
e nergy efficient development; infrastructure, such as bike lanes, pathways and pedestrian
walkways; and synchronized of traffic signals);
• Developing and implementing building codes and inspection services to promote
building energy efficiency;
• Developing and implementing programs to increase participation and efficiency rates for
recycling programs;
• Replacing traffic signals and street lighting with energy efficient lighting technologies;
• Purchasing and implementing technologies to reduce and capture methane and
other greenhouse gases generated by landfills or similar sources;
• Developing, implementing and installing on or in any government building onsite renewable
e nergy technology that generates electricity from renewable resources, such as solar and wind
e nergy, fuel cells and biomass; and
• Financing energy efficiency, renewable energy and zero -emission transportation (and associated
infrastructure), capital investments, projects and programs for leveraging of additional public
and private sector funds.
We are recommending the following:
• Approval of the EECBG pre -application paperwork and required Board Chair's signature
Attachment A: Administration and Legal Requirements Document — EECBG Program
2023-1157
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STATE & COMMUNITY ENERGY PROGRAMS
EECBG Program PRE -AWARD INFORMATION SHEET
Each Energy Efficiency and Conservation Block Grant (EECBG) Program recipient shall provide the following
information on behalf of itself and all subrecipients and certify that the information is accurate and complete.
Recipients may choose to provide this information in whatever format they like, as this form is optional.
EECBG Program recipients representing local and tribal entities may select from two options: 1) a grant or 2) a
voucher for technical assistance and/or equipment rebates. EECBG Program recipients choosing a grant must
provide data requested in sections 1 through 8 below. EECBG Program recipients choosing a voucher may skip
sections 4 through 7. Please submit your completed document to EECBG@hq.doe.gov.
SECTION 1: CONTACT & LOCATION INFORMATION (All recipients)
Recipient
Name:
County
Of Weld
UEI:
MKKXT9U9MTV5
Business
(BO):
Officer
Cheryl
PatteR
BO
Number:
Phone
970-400-4451
BO
Email:
cpattelli
@weld.gov
Investi
Project
Principal
Director/
ator
(PI
:
TobyTa
lor
PI
Number:
Phone
970-400-2023
PI
Email:
ttaylorweld.gov
Note: PI is the designated primary point of contact for the EECBG grant, such as the Project or Program Manager.
Business Officer is the authorized individual responsible for financial management of the EECBG grant.
Additionally, UEI number is required for grant applicants, but not for voucher applicants.
A. TYPE OF ORGANIZATION — Please indicate the type of organization of the Recipient by selecting one of the
following:
Local Government
Tribal Government
State
0 Territory
B. LOCATION AND CONGRESSIONAL DISTRICT
List the address and Congressional(s) district for the primary location where the grant will be performed.
Street
Address:
1150
O Street
City:
Greeley
State:
Colorado
Zip:
8063
Congressional
District(s):
8th
Congressional
District
Revised March 21, 2023
O a ig 7
SECTION 2: GRANT OR VOUCHER (All recipients)
EECBG Program recipients representing local and tribal entities must select whether to receive their EECBG Program
award in the form of a grant or a voucher for technical assistance and/or equipment rebates. Please indicate your choice
here. All States & Territories must select "Grant." (Select one option) [response to this question is non -binding]
Voucher for Technical Assistance
Voucher for Equipment Rebate
Voucher for both Technical Assistance and Equipment Rebate
()Grant
SECTION 3: BUSINESS ASSURANCES (All recipients)
A. DISCLOSURE OF POTENTIAL IMPROPRIETIES
Below, please disclose if any of the following conditions exist. If the answer to any question (a) through (g) below is
yes, provide a detailed explanation in an attachment to this form.
a. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals' under
investigation for or charged with a covered offense?
Yes
No
b. Has the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals been
convicted of a covered offense in the last five years or had a civil judgment rendered against them for one
of those offenses in that time period?
Yes
No
c. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals under
investigation for potential violation of U.S. export control laws and regulations, or has the proposed
Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals been convicted of any
violations of U.S. export control laws and regulations?
Yes
No
d. Is the proposed Recipient or Subrecipient(s) under investigation for potential violations of the Drug -Free
Workplace Act of 1988, or has the proposed Recipient or Subrecipient(s) been convicted of any violations
of the Drug -Free Workplace Act of 1988?
Yes
No
1 For this form, "principal" means: (1) An officer, director, owner, partner, PI, or other person (as defined in 2 C.F.R. 180.95) within
the Project Team with management or supervisory responsibilities related to this project and any resulting transaction; or (2) A
consultant or other person, whether or not employed by the Recipient, Subrecipient, or their principals, or paid with Federal funds, who
(a) is in a position to handle Federal funds, (b) is in a position to influence or control the use of those funds, or (c) occupies a technical
or professional position capable of substantially influencing the development or outcome of an activity required to perform the
transaction, including but not limited to, any Co-PIs.
2 For this form, "covered offenses" include: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public or private agreement or transaction; (2) Violation of Federal or State antitrust statutes, including those
proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) Commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen
property, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity
or business honesty that seriously and directly affects the Recipient's present responsibility.
Revised March 21, 2023 Page 2 of 10
e. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals under
investigation for research misconduct, or has the proposed Recipient, Subrecipient(s), or the Recipient's
or Subrecipient's principals been convicted of research misconduct?
Yes
No
f. Has any Federal Agency recommended or initiated proceedings against the proposed Recipient,
Subrecipient(s), or the Recipient's or Subrecipient's principals for suspension or debarment, or is the
proposed Recipient, Subrecipient(s), or the Recipient's or Subrecipient's principals debarred, suspended,
publicly banned from doing business with the Federal government, or otherwise declared ineligible from
receiving Federal Contracts, subcontracts or financial assistance?
Yes
No
g. Is the proposed Recipient or Subrecipient(s) delinquent on federal debt or insolvent or at risk of
insolvency or have the proposed Recipient or Subrecipient(s) filed for bankruptcy in any domestic or
foreign jurisdiction?
C Yes
No
B. POTENTIAL CONFLICTS OF INTEREST
1. Financial Conflicts of Interest. The Recipient must disclose in writing any managed or unmanageable
financial conflicts of interest involving a member of the project team (i.e., Investigators) and include
sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to
assess the appropriateness of the non -Federal entity's management plan. See Section V(b)(3) of the DOE
Interim Conflict of Interest Policy. As part of this DOE funded project, does the recipient or any
subrecipients have any managed or unmanageable financial conflicts of interest involving a member of the
project team (i.e., Investigators)?
No
Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting
documentation as required by the DOE Interim Conflict of Interest Policy Section V(b)(3).
C. Organizational Conflicts of Interest3. The Recipient must disclose in writing any potential or actual
organizational conflict of interest to DOE. See DOE Interim Conflict of Interest Policy Section VI and 2
CFR 200.318 for more information. As part of this DOE funded project, does the recipient or any
subrecipients intend to engage in a procurement with a parent, affiliate, or subsidiary organization that is
not a state, local government, or Indian tribe?
No
Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting
documentation as required by the DOE Interim Conflict of Interest Policy Section VI.
**Recipients choosing a voucher may skip to Section 8**
3 Organizational Conflict of Interest means a situation where because of relationships with a parent company, affiliate, or subsidiary organization, the non -Federal entity
is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 2 CFR 200.318(c)(2).
Revised March 21, 2023
Page 3ofl0
SECTION 4: PAYMENT INFORMATION (Grant recipients only)
Provide (1) the awardee seven -digit ASAP (Automated Standard Application for Payment System) ID number that is
under the DOE / Golden Field Office (GO) Agency Locator Code (ALC) and Region Code (#8900-0001-04) if available;
(2) the name, phone number and email for the ASAP / Payments Contact Person; and (3) indicate whether the preferred
payment method is by advance or reimbursement. Note: If ASAP number is not available, please leave field (1) blank and
proceed with filling out (2) and (3).
1) ASAP Number:
2) ASAP/Payments Contact Person: Chris D'Ovcidio, Controller
3) Indicate Preferred Payment Method:
QPayment by Advance
Payment by Reimbursement
SECTION 5: PERFORMANCE AND FINANCIAL INFORMATION REQUEST (Grant recipients only)
Before providing this information, please read the ADDITIONAL INFORMATION at the end of this form. Each field
identified below must be completed.
1. Has the Recipient had prior Federal awards?
If Yes:
Is the Recipient up to date on all reporting requirements on all other current and
prior awards, including submitting acceptable final technical reports, with other
Federal or non -Federal organizations? If you check No to this question, please
attach an explanation.
2a. Has the Recipient had an independent Single Audit or independent Compliance
Yes ONO
Yes ONo
Yes ONO
Audit per Federal regulations, or had a prior Defense Contract Audit Agency (DCAA) Audit performed?
(Please see attached instructions regarding Independent Audit requirements.)
2b. Has the Recipient undergone a Financial Audit within the last 3 years?
If Yes to either 2a. or 2b.:
a. A copy of the audit is attached to this form.
b. An electronic copy of the audit was provided with application package.
An electronic copy of the audit can be found at
Yes ONO
OYes QNo
Yes ONo
www.weld.gov/Govemment/Departments/Finance-and-Administration/Accounting-Department/Annual-Report
If audit was not provided, please explain why it has not been completed and/or provided:
3. Recipient's fiscal year end date is December 31
4a. Identify the Federal Agency providing the preponderance of funding from ALL Government Awards which the
Recipient's organization is/was the prime recipient, including any DOE Awards.
Provide Agency name, Cognizant Agency point of contact (individual in charge of negotiating billing rates),
phone number, and e-mail.
(If the Recipient's organization has a DCAA contact, please provide this information in 4(c) below):
Agency: United States Treasury
Revised March 21, 2023
Page 4 of 10
Point of Contact: N/A
Phone/Email:
www.treasury.gov
4b. DCAA Contact Information:
DCAA Office:
Point of Contact:
Phone/Email:
SECTION 6: FINANCIAL MANAGEMENT SYSTEM - ACCOUNTING SYSTEM SURVEY (Grant
recipients only)
To qualify for Financial Assistance, compliance with 2 CFR 200 as amended by 2 CFR 910 is required. This includes
assurance of an adequate accounting system for estimating, accounting, and billing for governmental funding received.
Please complete the checklist below as assurance of this requirement.
For additional information, please visit https://www.dcaa.mil. Please refer specifically to the "Pre -award Accounting
System Adequacy Checklist" under CUSTOMERS -->Checklists and Tools.
1. Is the Accounting System in accordance with Generally Accepted Accounting Principles
applicable to the circumstances and associated applicable Federal regulations?
2. Accounting System provides for:
a. Segregation of direct costs from indirect costs.
b. Identification and accumulation of direct costs by project.
c. A logical and consistent method for the allocation of indirect costs to intermediate
and final cost objectives. (Project line items are final cost objective)
d. Accumulation of costs under general ledger control.
e. A timekeeping system that identifies employees' labor by intermediate and final
cost objective (i.e., project level, division level).
f. A labor distribution system that charges direct and indirect labor to appropriate
cost objectives.
g. Interim (at least monthly) determination of costs charged to a project through
routine posting of books of account.
h. Excluding costs charged to Government projects which are not allowable in terms
of FAR 31, Contract Cost Principles and Procedures, or other provisions.
i. Identification of costs by project line item and by units (as if each unit or line item
were a separate project) if required by the proposed award.
3. Is the Accounting System designed, and are the records maintained in such a manner that
adequate, reliable data are developed for use in developing cost proposals?
4. Is the Accounting System currently in full operation?
Yes No NA
OO
O O
O O
OO
OO
OO
OO
OO
O O
OO
OO
OO
Revised March 21, 2023
Page 5 of 10
SECTION 7: REPRESENTATION/CERTIFICATION (Grant recipients only)
Certification of the information is required by the organization's authorized representative
I certify that I have registered in the System for Award Management (SAM).
I certify that I have registered in FedConnect.net in order to receive award documentation.
I certify that all subrecipient cost information has been reviewed, and that all subrecipient costs are reasonable,
allowable, and allocable in accordance with the applicable cost principles. All subrecipient budget documents
should be available upon DOE request.
I certify that all direct costs proposed in the application (under the personnel, travel, equipment, supplies,
contractual, construction, and/or other direct costs categories) are direct to the project and are not duplicated in the
proposed indirect costs.
I certify that the processes undertaken to solicit any subrecipients, subawards, subcontracts and vendors comply
with our organization's written procurement procedures as outlined in "Procurement Standards" 2 CFR 200.317
through 2 CFR 200.326 inclusive.
I certify the Recipient:
(1) Has in effect an up to date, written, and enforced administrative process to identify and manage conflicts of
interest with respect to all projects for which financial assistance funding is sought or received from DOE;
(2) Shall promote and enforce Investigator compliance with DOE's Interim Conflict of Interest (COI) Policy's
requirements including those pertaining to disclosure of significant financial interests;
(3) Shall manage financial conflicts of interest and provide initial and ongoing financial conflicts of interest reports
to DOE;
(4) Agrees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of
financial interests and the Recipient's review of, and response to, such disclosure, whether or not the disclosure
resulted in the Recipient's determination of a financial conflict of interest; and
(5) Shall fully comply with the requirements of the DOE Interim COI Policy.
SECTION 8: SIGNATURES (All recipients)
I, the Authorization Official named below, represent by my signature that I am authorized to certify this information
on behalf of the Recipient. I certify to the best of my knowledge and belief that the information contained in this Pre -
Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent
information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or
administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31
U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made
herein are material to DOE's funding decision, and (2) I have a responsibility to update the disclosures during the
period of performance of the award should circumstances change which impact the responses provided above.
Name:
Title:
Signature of Authorized
Official:
Mike Freeman
Chair
Mike Freeman
Digitally signed by Mike Freeman
Date: 2023.04.24 09:49:59 -06'00'
Revised March 21, 2023
Page 6 of 10
Date:
I, the Principal Investigator named below, certify to the best of my knowledge and belief that the information
contained in this Pre -Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or
fraudulent information, misrepresentations, half-truths, or omissions of any material fact may subject me to criminal,
civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287,
and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations
made herein are material to DOE's funding decision, and (2) I have a responsibility to update the disclosures during
the period of performance of the award should circumstances change which impact the responses provided above.
Name:
Title:
Signature of Principal
Investigator:
Date:
Cheryl Pattelli
CFO
Cheryl Pattelli
Digitally signed by Cheryl Pattelli
Date: 2023.04.17 10:53:59 -06'00'
04/17/2023
Revised March 21, 2023
Page 7 of 10
ADDITIONAL INFORMATION
This information will assist DOE in determining: 1) cognizance; 2) whether the Recipient has adequate internal financial
and management controls; and 3) whether the Recipient has an adequate accounting system. Generally, cognizance means
that an organization has a Federal oversight agency (cognizant agency). Cognizance of an organization is used for many
purposes including: determining which agency is responsible for verifying correct allocation of indirect rates to incurred
costs; issuing the Provisional and Final Indirect Rate Agreements; and ordering audits. Adequate internal controls and
accounting systems are essential to ensure that the Recipient's costs are correctly estimated, recorded, and billed. The
Recipient has the responsibility to ensure that these systems are in place. The cognizant Agency has the responsibility for
verifying these systems through audits or other methods.
For additional information, please visit https://www.dcaa.mil. Please refer specifically to the "Pre -award Accounting
System Adequacy Checklist" under CUSTOMERS -->Checklists and Tools.
Cognizance is determined by TOTAL Federal award/contract dollars received by the Recipient/Contractor from all Federal
agencies. This information is used to determine which Federal agency has the largest preponderance of funding and is
cognizant. Once a Federal agency assumes cognizance for a contractor, it should remain cognizant for at least 5 years to
ensure continuity and ease of administration.
Cognizance related duties are the responsibility of the Cognizant Federal Agency (CFA). The CFA is the Federal agency
(e.g., Department of Defense, Department of Energy, Navy, etc.) that provided the preponderance (largest amount) of
funding for your awards, across all federal agencies. It is very important to confirm that you work with the correct office.
General Rule of Thumb: Department of Health & Human Services (DHHS) is usually the CFA for Universities, Cities,
States, and Counties. DHHS cognizance is not usually transferred.
If it is determined that the Department of Energy/Golden Field Office (GO) is the Cognizant Federal Office, the Recipient
will have the following ANNUAL responsibilities:
1. Submit a Certified Annual Incurred Cost Claim (ICE Model — see #3 below) to the GO Cost/Price mailbox
(CostPrice@ee.doe.gov). This should represent the total organization's costs (representing the Company
General Ledger), not just the Recipient's DOE award(s).
2. Due Date: 180 days after the Recipient's fiscal year end.
3. For an example of the ICE Model, please visit https://www.dcaa.mil. Under "CUSTOM ERS->Checklists and Tools",
click on ICE (Incurred Cost Electronically) Model and download the ICE model.
Once the information is received, GO will have the responsibility of providing your organization with an annual indirect
rate agreement. This indirect rate must be used on all Federal grants and contracts.
If it is determined that GO is not the Cognizant Federal Office, the Recipient should contact the Cognizant Office for
additional instructions.
Revised March 21, 2023
Page 8 of 10
ANNUAL AUDIT REQUIREMENTS
Independent (Single & Compliance) Audit Requirements
2 CFR 200, Section F located at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=6e 187b05cfeca4f534c659f20983b 14e&mc=true&node=pt2. 1.200&rgn=div5
For -Profits: 2 CFR 910, Section F located at:
http://www.ecfr.gov/cgi-bin/text-idx?node=pt2.1.910&rgn=div5
Below are excerpts from Section F.
Audit requirements.
(a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in
Federal awards must have a single (program -specific, not applicable for For -Profits) or compliance audit conducted
for that year in accordance with the provisions of this part.
(b) Single audit. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in
Federal awards must have a single audit conducted in accordance with §200.514 - Scope of audit except when it elects
to have a program -specific audit conducted in accordance with paragraph (c) of this section.
(b) Compliance audit. (1) If a for-profit entity has one or more DOE awards with expenditures of $750,000 or more
during the for-profit entity's fiscal year, they must have a compliance audit for each of the awards with $750,000 or
more in expenditures. A compliance audit should comply with the applicable provisions in §910.514 -Scope of Audit.
The remaining awards do not require, individually or in the aggregate, a compliance audit.
(c) Program -specific audit election. (Not applicable to For -Profits). When an auditee expends Federal awards under
only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and
conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have
a program -specific audit conducted in accordance with §200.507 Program -specific audits. A program -specific audit
may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency,
or the same Federal agency and the same pass -through entity, and that Federal agency, or pass -through entity in the
case of a subrecipient, approves in advance a program -specific audit.
(d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than
$750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for
that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or
audit by appropriate officials of the Federal agency, pass -through entity, and Government Accountability Office
(GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a
FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.
(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor.
Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for
goods or services provided as a contractor are not Federal awards. Section §200.331 Subrecipient and contractor
determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment
for goods or services provided as a contractor.
Revised March 21, 2023
Page 9 of 10
(g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is
only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes,
regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not
pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions
which are structured such that the contractor is responsible for program compliance or the contractor's records must be
reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the
scope of the audit must include determining whether these transactions are in compliance with Federal statutes,
regulations, and the terms and conditions of Federal awards.
(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass -through entity is
responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The
agreement with the far -profit subrecipient must describe applicable compliance requirements and the for-profit
subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit
subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also
§200.332 Requirements for pass -through entities.
Revised March 21, 2023
Page 10 of 10
ADMINISTRATIVE AND LEGAL REQUIREMENTS DOCUMENT (ALRD)
U.S. Department of Energy
Office of the Under Secretary for Infrastructure
Golden Field Office
Energy Efficiency and Conservation Block Grant (EECBG) Program
Infrastructure Investment and Jobs Act (IIJA) of 2021
Energy Efficiency and Conservation Block Grant (EECBG) Program Formula Awards
(EECBG Program Formula) - IIJA ALRD
CFDA Number: 81.128, Energy Efficiency and Conservation Block Grant Program
PURPOSE
The purpose of this Administrative and Legal Requirements Document (ALRD) is to provide guidance to
States, Local Governments, and Indian tribes for preparation of EECBG Program Formula Grant
applications submitted in response to Section 40552 of the Infrastructure Investment and Jobs Act (IIJA),
also known as the Bipartisan Infrastructure Law (BIL).
Issue Date: January 18, 2023
Application Due Dates:
• All Applicants: Pre Award Information Sheet due by April 28, 2023, 8:00 PM Eastern Time ET
• For State and Territory Applicants Only: Application due by July 31, 2023, at 8:00 PM ET
• Local and Tribal Government Applicants Only: Application due by January 31, 2024, at 8:00 PM ET
DOE will accept applications using four application periods. Applications meeting DOE priority criteria
(see application instructions section 6.2 for more information) may apply in application Periods 1 and 2.
All other applicants may apply in Periods 3 and 4:
Application
Period
Application
Submittal
Timeframe
Applications
Accepted
1
January 18,
2023 - April
28, 2023
State,
or
more
Local
priority
and
Tribal
categories
applications in one
2
June 1,
2023 - July
31,
2023
3
Sept
1,
2023 — Oct
31,
2023
All
Other
Local and
Tribal applications
4
December
1,
2023 — Jan 31,
2024
Note: Due to the volume of applications, DOE may not review your application immediately upon
submittal. Once a complete application is received and reviewed by DOE, it typically takes up to 60
days to process an EECBG Program formula grant. Applications are not necessarily considered
complete upon submission. For additional information on application requirements, see Section 6.0
of the application instructions.
REGISTRATION/SUBMISSION REQUIREMENTS
Registration Requirements (GRANT APPLICANTS ONLY): Allow at least 21 days to complete.
If you have not already registered, there are several one-time actions grant applicants must complete:
1. Register with the System for Award Management (SAM) at https://www.sam.gov. Designating an
Electronic Business Point of Contact (EBiz POC) and obtaining a special password called an MPIN
are important steps in SAM registration. Please update your SAM registration annually. Upon
registration, SAM will automatically assign a Unique Entity ID (UEI).
Unique Entity ID and System for Award Management (SAM) Each applicant (unless the
applicant is excepted from those requirements under 2 CFR 25.110) is required to: (1) be registered
in the SAM at https://www.sam.gov before submitting its application, (2) provide a valid UEI
number in its application; and (3) continue to maintain an active SAM registration with current
information at all times during which it has an active federal award or an application or plan under
consideration by a federal awarding agency. DOE may not make a federal award to an applicant
until the applicant has complied with all applicable UEI and SAM requirements. If an applicant has
not fully complied with the requirements by the time DOE is ready to make a federal award, the
DOE will determine that the applicant is not qualified to receive a federal award and use that
determination as a basis for making a federal award to another applicant.
NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal
business name and address validations are taking longer than expected to process. Entities
should start the UEI and SAM registration process as soon as possible. If entities have
technical difficulties with the UEI validation or SAM registration process, they should
utilize the HELP feature on SAM.gov. SAM.gov will work on entity service tickets in the
order in which they are received and asks that entities not create multiple service tickets
for the same request or technical issue. Additional entity validation resources can be found
here: GSAFSD Tier 0 Knowledge Base - Validating your Entity.
2. Register in FedConnect to receive and acknowledge your award at https://www.fedconnect.net/. See
the Quick Start Guide at
https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf
For additional questions, email support@fedconnect.net or call 1-800-899-6665.
3. Have a login for the Performance and Accountability for Grants in Energy (PAGE) System at
https://www.page.energy.gov/default.aspx in order to submit your application. For questions
regarding PAGE, refer to the Help Menu in PAGE or contact the PAGE hotline at PAGE-
Hotlinegee.doe.gov or 1-866-492-4546.
Electronic Signatures: Acknowledgement of award documents by the Grantee's authorized
representath e through electronic systems used by the Department of Energy, including FedConnect,
constitutes the Grantee's acceptance of the terms and conditions of the award. Acknowledgement via
FedConnect by the Grantee's authorized representative constitutes the Grantee's electronic signature.
IMPORTANT: The electronically signed Assistance Agreement with attached award documents
distributed via FedConnect is the formal authorization and approval from the Contracting Officer.
Grantees may not rely on PAGE as the formal authorization and approval. Award documents in the initial
award and any modifications to the award must be reviewed and acknowledged by the Grantee in
FedConnect.
1
TABLE OF CONTENTS
PART I AUTHORITY 3
PART II AWARD INFORMATION 3
A. TYPE OF AWARD INSTRUMENT 3
B. ESTIMATED FUNDING 3
C. PERIOD OF PERFORMANCE 4
PART III ELIGIBILITY INFORMATION 4
A. ELIGIBLE APPLICANTS 4
B. COST MATCHING 4
PART IV APPLICATION AND SUBMISSION INFORMATION 4
A. CONTENT AND FORM OF APPLICATION: GRANTS 4
PART V AWARD ADMINISTRATION INFORMATION 5
A. AWARD NOTICES 5
B. FUNDING RESTRICTIONS 5
C. REPORTING 5
D. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS 6
PART VI OTHER INFORMATION 10
A. INTERGOVERNMENTAL REVIEW 10
B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE 11
C. COMMITMENT OF PUBLIC FUNDS 11
D. LOBBYING RESTRICTIONS 11
E. EXPENDITURE RESTRICTIONS 11
F. MODIFICATIONS 11
G. PROPRIETARY APPLICATION INFORMATION 11
H. PROTECTED PERSONALLY IDENTIFIABLE INFORMATION 12
PART VII REFERENCE MATERIAL 13
2
PART I AUTHORITY
The EECBG Program is authorized by Title V, Subtitle E of the Energy Independence and Security Act of
2007 (EISA), as amended,' and signed into Public Law (PL 110-140) on December 19, 2007. All awards
made under this program shall comply with applicable laws and regulations including, but not limited to,
2 CFR Part 200 as amended by 2 CFR Part 910 and Section 40552 of the Infrastructure Investment and
Jobs Act (IIJA) (PL 117-58).
PART II AWARD INFORMATION
A. TYPE OF AWARD INSTRUMENT
DOE will award grants or vouchers.
Entities eligible for formula EECBG Program allocations, including state, local, and Tribal governments
can apply to DOE for an EECBG Program award. States are eligible to apply for a grant. Local and Tribal
governments can apply for either a grant or a voucher. Vouchers may be used for technical assistance
and/or equipment rebates. Local governments and Tribal entities must choose either a grant or voucher
and must allocate 100% of their EECBG Program funding to either a voucher or a grant. States
are not eligible to apply for a voucher. Local and Tribal governments are encouraged to indicate whether
they are choosing a grant or a voucher as soon as possible. but no later April 28, 2023, by submitting the
Pre -Award Information Sheet. See "EECBG Program Application Instructions" for additional details.
B. ESTIMATED FUNDING
Entities shall administer DOE funds received under the EECBG Program in accordance with Federal rules
and regulations as well as applicable state, local or Tribal policies and procedures. The Grantee is to
manage Federal Funds in a prudent, effective, and efficient manner to accomplish program objectives.
The Infrastructure Investment and Jobs Act, Section 40552 provides $550 million for EECBG Program
for fiscal year 2022, to remain available until expended. DOE will distribute $440 million in formula and
competitive EECBG Program funding to eligible units of local government, states, and Indian tribes. Of
the amount appropriated by IIJA, DOE will allocate funds as prescribed in section 543 of EISA:
• 34% to eligible units of local government -alternative 1 through formula grants;
• 34% to eligible units of local government -alternative 2 through formula grants;
• 28% to states through formula grants;
• 2% to Indian tribes through formula grants; and
• 2% for competitive grants to ineligible local governments and Indian tribes.2
IIJA allocations for EECBG Program direct formula awards from the DOE, as adjusted, are based on the
following funding amounts:
• $299,200,000 for formula awards to eligible units of local government
o $149,600,000 to eligible units of local government -alternative 1
o $149,600,000 to eligible units of local government -alternative 2
• $123,200,000 for formula awards to states
142 U.S.C. 17151 et seq.
2 42 U.S.C. 17153(a).
3
o Each state (except for those noted as exempt in Section 6.3.E of the application
instructions) is required to pass not less than 60% of its allocation through to cities and
counties within the state that are ineligible for direct formula grants from DOE.
• $8,800,000 for formula awards to eligible Indian tribes
DOE also intends to allocate $8.8 million for competitive grants available to units of local government
(including Indian tribes) and consortia of units of local government that are not eligible to receive direct
formula grants from DOE. Availability of competitive grants will be announced through a separate future
Funding Opportunity Announcement (FOA).
Prior to distributing funding to eligible entities, DOE intends to utilize $110 million to ensure delivery of
an effective and efficient EECBG Program and to provide technical assistance to eligible entities
throughout the lifetime of the EECBG Program.
Funding Amount: Funding allocations to states, local governments, and Indian tribes are included as
attachments to this document.
C. PERIOD OF PERFORMANCE
Grants will consist of a 3 -year Project and Budget Period for States, and a 2 -year Project and Budget
Period for Local Governments and Indian tribes. Vouchers to Local Governments and Indian tribes will
be for a 2 -year Project and Budget Period. Recipients may request a no -cost time extension (or a
modification to shorten the period of performance) of their grant or voucher.
PART III ELIGIBILITY INFORMATION
A. ELIGIBLE APPLICANTS
In accordance with Section 543 of EISA, eligible entities for EECBG Program formula allocations
include States (including U.S. Territories, and the District of Columbia, hereinafter referred to as
"states"), local governments, and Indian tribes.3 Eligibility for this award is restricted to eligible states,
local governments and Indian tribes applying for formula grant financial assistance under the EECBG
Program. No other entity types may be considered for this funding.
B. COST MATCHING
Cost match is not required for these awards.
PART IV APPLICATION AND SUBMISSION INFORMATION
A. CONTENT AND FORM OF APPLICATION: GRANTS
The application must be submitted via the PAGE online system at
https://www.page.energy.gov/default.aspx. DOE reserves the right to request additional or clarifying
information for any reason deemed necessary. Applications will be reviewed for consistency with the
EECBG Program objectives.
3 42 U.S.C. 17153(a).
4
The EECBG Program Grant Application consists of:
• Standard Form 424 (Application form)
• Standard Form 424A (Budget summary)
• Budget Justification
• Energy Efficiency and Conservation Strategy
• EECBG Program Activity File
• Required certifications
• Electronic copy (or web link) to the applicant's latest single or program -specific audit as required
by 2 CFR 200 Subpart F
• An environmental questionnaire (if applicable)
• Pre -Award Information Sheet
Please see Section 6.3 in the Application Instructions for more detail.
Note: applicants choosing a Voucher do not need to submit a grant application at this time.
Additional Guidance on the Voucher application process will be forthcoming from DOE and made
available on the following website, https://www.energy.gov/clean-energy-infrastructure/energy-
efficiency-and-conservation-block-grant-program.
PART V AWARD ADMINISTRATION INFORMATION
A. AVM ARD NOTICES
An Assistance Agreement issued by the Contracting Officer is the authorizing award document. The
Assistance Agreement normally includes, either as an attachment or by reference: (1) Special Terms and
Conditions; (2) Application as approved by DOE; (3) DOE Financial Assistance regulations at 2 CFR
Part 200 as amended by 2 CFR Part 910; (4) National Policy Assurances To Be Incorporated As Award
Terms; (5) Budget Summary; (6) Intellectual Property Provisions; (7) Federal Assistance Reporting
Checklist, vshich identifies the Reporting Requirements; and (8) National Environmental Policy Act
(NEPA) Determination. These documents are sent to the Recipient via FedConnect.
B. FUNDING RESTRICTIONS
All expenditures must be allowable, allocable, and reasonable in accordance with the applicable Federal
cost principles. Refer to the following Federal cost principles for more information: 2 CFR Part 200 as
amended by 2 CFR Part 910.
Under 2 CFR Part 200 as amended by 2 CFR Part 910 regulations, the cost principles are contained in
Subpart E —Cost Principles within 2 CFR Part 200.
C. REPORTING
Reporting requirements are identified on the Federal Assistance Reporting Checklist (FARC), attached to
the award agreement.
Awards initiated since 10/1/2010 are subject to the requirement of Reporting Subawards and Executive
Compensation to comply with the Federal Funding and Transparency Act of 2006 (FFATA). Additional
information about this requirement can be found in the Special Terms and Conditions of the recipient's
award, at https://www.fsrs.gov, and in 2 CFR Part 170.
5
Additional information regarding reporting will be available from the EECBG Program website, at:
https://www.energy.gov/clean-energy-infrastructure/energy-efficiency-and-conservation-block-grant-
program.
D. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS
1. Administrative Requirements
• The administrative requirements for DOE grants and cooperative agreements are contained in:
• 2 CFR Part 200 as amended by 2 CFR Part 910 and 10 CFR Part 420
• 2 CFR Part 25 — Universal Identifier and Central Contractor Registration
• 2 CFR Part 170 — Reporting Subaward and Executive Compensation
The Electronic Code of Federal Regulations is found at www.ecfr.gov.
2. National Policy Requirements
The National Policy Assurances to be incorporated as Award Terms are located at
http://www.nsf.gov/awards/managing/rtc.jsp.
Intellectual Property Provisions. The standard DOE financial assistance intellectual property provisions
applicable to the various types of recipients are located at
http://energy.gov/gc/standard-ime llectual-property-i p-prov isions-financ ial-assistance-awards
3. Environmental Review in Accordance with National Environmental Policy Act (NEPA)
The Office of the Under Secretary for Infrastructure's decision whether and how to distribute Federal
funds is subject to the National Environmental Policy Act (42 U.S.C. 4321, et seq.). NEPA requires
Federal agencies to integrate environmental values into their decision -making processes by considering
the potential environmental impacts of their proposed actions.
For further information on NEPA requirements, see section 6.3.G in the Application Instructions.
4. Build America, Buy America Requirements
Federally assisted projects which involve infrastructure work, undertaken by applicable recipient
types, require that:
• All iron, steel, and manufactured products used in the infrastructure work are produced in the
United States; and
• All construction materials used in the infrastructure work are manufactured in the United States.
Whether a given project must apply this requirement is project -specific and dependent on several factors,
such as the recipient's entity type, whether the work involves ``infrastructure," as that term is defined in
Section 70914 of the BIL, and whether the infrastructure in question is publicly owned or serves a public
function.
Applicants are strongly encouraged to consult the Build America, Buy America Guidance and Resources'
to determine whether their project may have to apply this requirement, both to make an early
determination as to the need of a waiver, as well as to determine what impact, if any, this requirement
may have on the proposed project's budget.
4 See: https://www.madeinamerica.gov and https://www.whitehouse.gov/omb/management/made-in-america/build-
america-buy-america-act-federal-financial-assistance/
6
5. Definitions
a. For purposes of the Buy America requirements, the following definitions apply:
• Construction materials includes an article, material, or supply —other than an item of primarily
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 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; or
• drywall.
• Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United
States, 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.
Infrastructure includes facilities that generate, transport, and distribute energy.
In addition to the above, the infrastructure in question must be publicly owned or must serve a
public function; privately owned infrastructure that is solely utilized for private use is not
considered "infrastructure" for purposes of Buy America applicability. The Agency, not the
applicant, will have the final say as to whether a given project includes infrastructure, as defined
herein. Accordingly, in cases where the "public" nature of the infrastructure is unclear, DOE
strongly recommends that applicants complete their full application with the assumption that Buy
America requirements will apply to the proposed project.
• Project means the construction, alteration, maintenance, or repair of infrastructure in the United
States.
b. Buy America Requirements for Infrastructure Projects ("Buy America" Requirements)
In accordance with Section 70914 of the BIL, none of the project funds (includes federal share and
recipient cost share) may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are 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
7
(3) all construction materials5 are manufactured in the United States this means that all manufacturing
processes for the construction material occurred in the United States. The Buy America requirements only
applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the completion of the infrastructure
project. Nor do Buy America requirements 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.
These requirements must flow down to all sub -awards, all contracts, subcontracts, and purchase orders for
work performed under the proposed project. For additional information related to the application and
implementation of these Buy America requirements, please see OMB Memorandum M-22-11, issued
April 18, 2022: https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf.
c. DOE Submission Requirements for Full Application
Within the activity file, applicants must provide a short statement on whether the project will involve the
construction, alteration, and/or repair of infrastructure in the United States. The ultimate determination
about whether a project includes infrastructure remains with DOE. However, the applicant's statement
will assist project planning and integration of domestic preference requirements, which may impact the
project's proposed budget.
Waivers'
In limited circumstances, DOE may waive the application of the Buy America requirements where DOE
determines that:
(1) applying the Buy America requirements would be inconsistent with the public interest;
(2) 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) 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.
If an applicant is seeking a waiver of the Buy America requirements, it must include a written waiver
request with the Full Application. A waiver request must include:
• A detailed justification for the use of "non -domestic" iron, steel, manufactured products, or
construction materials to include an explanation as to how the non -domestic item(s) is essential to
the project
• A certification that the applicant or recipient made a good faith effort to solicit bids for domestic
products supported by terms included in requests for proposals, contracts, and nonproprietary
communications with potential suppliers
• Applicant /Recipient name and Unique Entity Identifier (UEI)
• Total estimated project cost, DOE and cost -share amounts
Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding
agents or additives.
6 As of the date this guidance was written, OMB guidance on waivers and the waiver process is still relatively
sparse. As more information is provided to the Agencies, this guidance will be updated.
8
• Project description and location (to the extent known)
• List and description of iron or steel item(s), manufactured goods, and construction material(s) the
applicant or recipient seeks to waive from Domestic Content Procurement Preference
requirement, including name, cost, country(ies) of origin (if known), and relevant PSC and
NAICS C S code for each.
• Waiver justification including due diligence performed (e.g., market research, industry outreach)
by tie applicant or recipient
• Anticipated impact if no waiver is issued DOE may require additional information before
considering the waiver request.
DOE may require additional information before considering the waiver request. See DOE Buy America
Requirement Waiver Requests I Department of Energy
Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by
the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an
existing waiver described at https://www.madeinamerica.gov/waivers/.
5. Davis Bacon Prevailing Wage Requirements
Projects awarded under this ALRD will be funded under Division D of the BIL. Accordingly, per section
41101 of that law, all laborers and mechanics employed by the applicant, subrecipients, contractors or
subcontractors in the performance of construction, alteration, or repair work funded in whole or in part
under this ACRD 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).
By accepting an award as a result of this ALRD, the Applicant is acknowledging the DBA requirements
above, and confirming that the laborers and mechanics performing construction, alteration, or repair work
on projects funded in whole or in part by awards made as a result of this ALRD 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). Applicants
acknowledge that they will comply with all of the Davis -Bacon Act requirements, including but not
limited to:
(1) Ens wring that the wage determination(s) and appropriate Davis -Bacon clauses and requirements
are flowed down to and incorporated into any applicable subcontracts or subrecipient awards.
(2) Ensiring that if wage determination(s) and appropriate Davis -Bacon clauses and requirements
are improperly omitted from contracts and subrecipient awards, the applicable wage determination(s)
and clauses are retroactively incorporated to the start of performance.
(3) Being responsible for compliance by any subcontractor or subrecipient with the Davis -Bacon
labor standards.
(4) Receiving and reviewing certified weekly payrolls submitted by all subcontractors and
subrecipients for accuracy and to identify potential compliance issues.
(5) 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).
9
(6) 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
subrecipients and as requested or directed by the DOE.
(7) 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.
(8) 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.
(9) 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,
subrecipient, 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.
(10) 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.
Recipients of funding under this ALRD will also be required to undergo DBA compliance training and to
maintain competency in DBA compliance. The Contracting Officer will notify the recipient of any DOE
sponsored DBA compliance trainings. The U.S. Department of Labor ("DOL") offers free Prevailing
Wage Seminars several times a year that meet this requirement, at
https ://www.dol .gov/agencies/whd/government-contracts/construction/sem i nars/events.
For additional guidance on how to comply with the DBA 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.
PART VI OTHER INFORMATION
A. INTERGOVERNMENTAL REVIEW
Program Subject to Executive Order 12372
This program is subject to Executive Order 12372 (Intergovernmental Review of Federal Programs) and
the regulations at 10 CFR Part 1005.
One of the objectives of the Executive Order is to foster an intergovernmental partnership and a
strengthened federalism. The Executive Order relies on processes developed by state and local
governments for coordination and review of proposed Federal financial assistance.
Applicants should contact the appropriate State Single Point of Contact (SPOC) to find out about, and to
comply with, the state's process under Executive Order 12372. The names and addresses of the SPOCs
are listed on the Web site of the Office of Management and Budget at Intergovernmental Review (SPOC
List) (whitehouse.gov) Intergovernmental Review (SPOC List) (whitehouse.gov).
10
B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE
DOE reserves the right, without qualification, to reject any or all applications received in response to this
ALRD and to select any application, in whole or in part, as a basis for negotiation and/or award.
C. COMMITMENT OF PUBLIC FUNDS
The Contracting Officer is the only individual who can make awards or commit the Government to the
expenditure of public funds. A commitment by other than the Contracting Officer, either explicit or
implied, is invalid.
D. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree 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.
E. EXPENDITURE RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to support or oppose union organizing.
F. MODIFICATIONS
Modifications to this ALRD will be processed and disseminated in the same manner as other EECBG
Program Notices.
G. PROPRIETARY APPLICATION INFORMATION
DOE will use data and other information contained in applications strictly for evaluation purposes.
Applicants should not include confidential, proprietary, or privileged information in their applications
unless such information is necessary to convey an understanding of the proposed project.
Applications containing confidential, proprietary, or privileged information must be marked as described
below. Failure to comply with these marking requirements may result in the disclosure of the unmarked
information under the Freedom of Information Act or otherwise. The U.S. Government is not liable for
the disclosure or use of unmarked information and may use or disclose such information for any purpose.
The cover sheet of the application must be marked as follows and identify the specific pages containing
confidential. proprietary, or privileged information:
Please be aware that all information provided to DOE (including confidential proprietary or confidential
commercial information) is subject to public release under the Freedom of Information Act (FOIA). (5
U.S.C. § 552(a) (3) (A) (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110175, 121
Stat. 2524). When a FOIA request covers information submitted to DOE by an applicant, and the
cognizant DOE FOIA Officer cannot make an independent determination regarding the public
releasability of this information, the cognizant DOE FOIA Officer will contact the submitter and ask for
comment regarding the redaction of information under one or more of the nine FOIA exemptions.
However, the cognizant DOE FOIA Officer will make the final decision regarding FOIA redactions.
Submitters are given a minimum of 7 days to provide redaction comments and if DOE disagrees with the
submitter's comment, DOE will notify the submitter of the intended public release no less than seven (7)
days prior to the public disclosure of the information in question." (10 CFR Part 1004.11).
11
H PROTECTED PERSONALLY IDENTIFIABLE INFORMATION
In responding to this ALRD, Applicants must ensure that Protected Personally Identifiable Information
(PII) is not included in the application documents PII is defined by the Office of Management and
Budget (OMB) and DOE as
Any information about an individual maintained by an agency, including but not limited to, education,
financial transactions, medical history, and criminal or employment history and information that can be
used to distinguish or trace an individual's identity, such as their name, social security number, date and
place of birth, mother's maiden name, biometric records, etc , including any other personal information
that is linked or linkable to an individual
This definition ofPII can be further defined as (1) Public PII and (2) Protected PII
Public PII PII found in public sources such as telephone books, public websites, business cards,
university listing, etc Public PII includes first and last name, address, work telephone number, email
address, home telephone number, and general education credentials
Protected PII PII that requires enhanced protection This information includes data that if compromised
could cause harm to an individual such as identity theft
Listed below are examples of Protected PII that Applicants must not include in their application
• Social Security Numbers in any form
• Place of lirth associated with an individual
• Date of birth associated with an individual
• Mother's maiden name associated with an individual
• Biometric record associated with an individual
• Fmgerpnnt
• Iris scan
• DNA
• Medical history information associated with an individual
• Medical conditions, including history of disease
• Metric information, e g , weight, height, blood pressure
• Criminal history associated with an individual
• Employment history and other employment information associated with an individual
• Ratings
o Disciplinary actions
• Performance elements and standards (or work expectations) are PII when they are so intertwined
with performance appraisals that their disclosure would reveal an individual's performance
appraisal
• Financial information associated with an individual
• Credit card numbers
• Bank account numbers
• Secunty clearance history or related information (not including actual clearances held)
12
PART VII REFERENCE MATERIAL
IIJA EECBG Program Formula Allocations
IIJA EECBG Program Application Instructions
IIJA EECBG Program Formula Pre -Award Information Sheet
IIJA EECBG Program Energy Efficiency and Conservation Strategy Templates
Contract Form
New Contract Request
Entity Information
❑ New Entity?
Entity Name*
US DEPARTMENT OF ENERGY
Entity ID*
P00046961
Contract Name* Contract ID
APPROVAL OF EECBG PROGRAM PRE -AWARD INFORMATION 6863
SHEET
Contract Status
CTB REVIEW
Contract Lead*
CPATTELLI
Contract Lead Email
cpattelli@co.weld.co.us
Contract Description*
THIS APPROVES SUBMITTAL OF THE EECBG PROGRAM PRE -AWARD APPLICATION
Contract Description 2
Contract Type*
APPLICATION
Amount*
8231,790.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
FINANCE
Department Email
CM-FinanceOweldgov.com
Department Head Email
CM -Finance -
De ptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MISA enter MSA Contract ID
Requested BOCC Agenda
Date*
04;24;2023
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
04/20/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
E Date
Termination Notice Period
Review Date*
04/17/2023
Committed Delivery Date
Renewal Date
Expiration Date*
01''31/2024
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
CHERYL PATTELLI CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
04118/2023 04/18/2023 04/19/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/2412023
Originator
CPATTELLI
Tyler Ref #
AG 042423
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