Title 10--ENERGY
Chapter II--DEPARTMENT OF ENERGY (CONTINUED)


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR500.1] [Page 5] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 500_DEFINITIONS--Table of Contents Sec. 500.1 Purpose and scope. Unless otherwise expressly provided or the context clearly indicates otherwise, this section defines the terms used in these regulations. The use of the male gender is to include female; the use of singular to include plural. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR500.1] [Page 5] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 500_DEFINITIONS--Table of Contents Sec. 500.1 Purpose and scope. Unless otherwise expressly provided or the context clearly indicates otherwise, this section defines the terms used in these regulations. The use of the male gender is to include female; the use of singular to include plural. ...
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for use with regard to the Act. The regions are identified by FERC Power Supply Areas (PSA's) as authorized by section 202(a) of the Federal Power Act except...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR501.1] [Page 14] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 501_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart A_General Provisions Sec. 501.1 Purpose and scope. Part 501 establishes the procedures to be used in proceedings before DOE under parts 500-508 of this chapter except as otherwise provided. ...


with OFE for the purpose of discussing the applicability of 10 CFR parts 503 and 504 to their situations and the scope of any exemption or other petition that...


at the address given in Sec. 501.11. (b) Acceptance of petition. (1) Upon acceptance (as distinguished from filing) of the petition, OFE shall publish in the Federal...


it is required to serve, personally or by mail, unless otherwise provided in these regulations. (b) DOE will consider service upon a petitioner's duly...


permitted to be filed with OFE or DOE in connection with a proceeding under parts 503 and 504 shall be filed in accordance with the following provisions: (a) Filing...


granting an exemption (or permit) under FUA, the rule or order will be effective sixty (60) days after publication in the Federal Register, unless it is stayed,...


this part and any other provisions or parts of this chapter, except for general procedures which are unique to part 515 of this chapter, the provisions of this part...


to the following address: Office of Fossil Energy, Office of Fuels Programs, Coal and Electricity Division, Mail Code FE-52, 1000 Independence Avenue, SW.,...


1E190, 1000 Independence Avenue SW., Washington, DC for public inspection and copying any information required by statute and any information that OFE determines should be...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR501.13] [Page 17] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 501_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart A_General Provisions Sec. 501.13 Appeal. There is no administrative appeal of any final administrative action to which this part applies. ...


imposes a prohibition, order that imposes a prohibition, or a petition for an exemption or permit, shall be transmitted for comments, if any, to the Administrator and...


This subpart establishes the procedures for requests for and the conduct of public hearings; for submission of written comments; and for requests for and conduct...


(a) New facilities. Except as may be provided elsewhere in these regulations, OFE shall provide a period of at least forty-five (45) days, commencing with publication of...


prepetition conferences). (a) At any time following commencement of a proceeding before OFE, an interested person may request a conference with the staff of OFE...


(a) New facilities. In the case of a petition for an exemption under title II of FUA, any interested person may submit a written request that OFE convene a...


(a) A public hearing under this subsection is for the purpose of insuring that all issues are fully and properly developed, but is not a formal adjudicatory hearing subject...


(a) Contents. The public file shall consist of the rule, order, or petition, with supporting data and supplemental information, and all data and information submitted by...


section 645 of the DEOA, the Administrator, his duly authorized agent or a Presiding Officer may, in accordance with 10 CFR 205.8, sign, issue, and serve subpoenas;...


intended recipient, OFE shall not propose to prohibit or prohibit by rule or order the use of petroleum or natural gas either as a primary energy source or in amounts in excess...


use of petroleum or natural gas as a primary energy source or in amounts in excess of the minimum amount necessary to maintain reliability of operation consistent with...


use of petroleum or natural gas as a primary energy source or in amounts in excess of the minimum amount necessary to maintain reliability of operation consistent...


new baseload powerplant and the unit will not be in compliance with the prohibition contained in section 201(a) of FUA, this subpart establishes the procedures for filing...


FUA should include the following information: (1) Owner's name and address. (2) Operator's name and address. (3) Plant location and address. (4)...


(1) The name of the petitioner; (2) The name and location of the unit for which an exemption is being requested; (3) The specific...


(a)(1) When a petition is accepted, OFE will publish in the Federal Register a Notice of Acceptance, or, in the case of a certification exemption, a Notice of...


publish in the Federal Register a Notice of the Availability of Tentative Staff Analysis for the noncertification temporary public interest exemption, for...


any draft EIS will be published in the Federal Register and comments thereon will also be solicited. Interested persons may request a hearing on any draft EIS. Such hearing must...


a proceeding under this part will consist of the proposed prohibition order and/or petition and related documents, all relevant evidence presented at the public hearing,...


exemption petition if the petitioner qualifies for an exemption other than the one originally requested, even though he may not qualify for the specific exemption...


petition for an exemption or permit within six (6) months after the end of the period for public comment and hearing applicable to any petition. (2) OFE may extend...


must file, within sixty (60) days of publication of the final order in the Federal Register, a petition for judicial review in the United States Court of Appeals for...


rulemaking proceeding pursuant to 5 U.S.C. 553(e); however, this subpart provides the procedures to be followed by-- (1) An interested person seeking the modification...


to a request duly filed by an interested person, OFE may commence a proceeding to modify or rescind a rule or order. If OFE determines that a request to modify or rescind a...


rescission of a rule or order. (a) OFE will consider the entire administrative record in its evaluation of the decision and order for modification or rescission of a...


considering the request for modification or rescission of a rule or order and other relevant information received during the proceeding. (b) OFE will either grant or...


issuance of a stay of a rule or order or other requirement issued or imposed by OFE or these regulations but does not apply to the mandatory stays provided for in...


writing and comply with the general filing requirements stated in Sec. 501.7, in addition to any other requirements set forth in this subpart, and must be filed at the...


all facts believed to be pertinent to the act or transaction for which a stay is sought. The facts shall include, but not be limited to, the criteria listed below in Sec....


consist of the petition and any related documents, evidence submitted at any public proceedings and any other information in the possession of OFE and made part of...


a stay upon consideration of the request and other relevant information received or obtained during the proceeding. (b) OFE will include in the order a brief written...


for and the issuance of an interpretation of a rule, order or other action by DOE. Any response, whether oral or written, to a general inquiry, or to other than a...


commenced by the filing of a ``Request for Interpretation (FUA).'' The request must be in writing and must also comply with the general filing requirements stated in Sec....


contain a complete statement of all the facts believed to be relevant to the circumstances, acts or transactions that are the subject of the request. The facts must...


any supporting documents, all relevant evidence presented at any public proceedings, written comments and any information in the possession of DOE that has been...


consideration of the request for interpretation and other relevant information received or obtained during the proceeding. (b) The interpretation will contain a...


DOE will publish each ruling in the Federal Register and in 10 CFR part 518. A person is entitled to rely upon a ruling to the extent provided in...


There has been a substantial number of inquiries with regard to similar factual situations or a particular section of the regulations; or (2) It is determined that a ruling...


of the modification or rescission by DOE in the Federal Register and in 10 CFR part 518; or (2) Adoption of a rule that supersedes or modifies a prior ruling. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR501.143] [Page 34] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 501_ADMINISTRATIVE PROCEDURES AND SANCTIONS--Table of Contents Subpart J_Rulings Sec. 501.143 Comments. Any interested person may file a written comment on or objection to a published ruling at any time with the Assistant General Counsel for Interpretations and Rulings at the address provided in Sec. 501.11. ...


proceedings on its own behalf and by which complaints concerning a violation of the Act or any rule or order thereunder may...


the signature of the person making the complaint in accordance with the general filing requirements stated in Sec. 501.7. OFE will accept oral complaints that otherwise...


pertaining to the act or transaction that is the subject of the complaint. It must also include the names and addresses of all persons involved (if...


all other relevant information developed in the course of any investigations or proceedings related to that complaint. OFE may investigate and corroborate any statement...


based on any relevant information received or obtained during an investigation, OFE may issue a notice of violation, determine that no violation has occurred, or take...


OFE determines that a person is in violation or about [[Page 35]] to be in violation of any provision of these regulations, OFE may issue a notice...


civil penalty assessment proceedings. Unless the recipient of a notice of violation elects in writing to have the provisions of paragraph (a)(2) of this section apply,...


the information received during the proceeding, OFE determines that a person has committed, is committing, or is about to commit a violation of FUA or of an order or...


the DEOA, and in accordance with the provisions of 10 CFR 205.201, OFE may initiate and conduct investigations relating to the scope, nature, and extent of compliance by...


the Act (other than section 402 of FUA), or any rule or order thereunder shall be subject to the penalties and sanctions provided in subtitle C of title VII of FUA. (2) Each...


is committing, or is about to commit a violation of any provision of the Act, or any rule or order thereunder, OFE may, in accordance with section 724 of FUA, bring a...


the failure of OFE to perform any nondiscretionary act of duty under the Act may file a Petition for Action for OFE to take such action as he may feel to be proper....


(a) If a person operates a powerplant covered by any of the prohibitions of titles II, III, or IV of FUA, Sec. 501.191 of this subpart establishes procedures to...


or petroleum for certain unanticipated equipment outages and emergencies defined in section 103(a)(15)(B) of the act. (a) In the event of the occurrence or...


The prohibition in the subpart applies to all new baseload electric powerplants unless an exemption has been granted by OFE under [[Page 39]] subparts...


of this part, any new electric powerplant from being constructed or operated as a baseload powerplant without the capability to use coal or another alternate fuel as a primary...


either a temporary or permanent exemption under this part and sets out the methodology for calculating the cost of using an alternate fuel and the cost of using...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR503.5] [Page 39] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 503_NEW FACILITIES--Table of Contents Subpart B_General Requirements for Exemptions Sec. 503.5 Contents of petition. Before OFE will accept a petition for either a temporary or permanent exemption under this part, the petition must include all of the evidence and information required in this part and part 501 of this chapter. ...


cost of using alternate fuel to the cost of using imported petroleum. It must be performed for each alternate fuel and/or alternate site that the petitioner is required...


authority are required prior to the construction or use of a new powerplant, a petition for an exemption for consideration by OFE may be submitted to OFE prior...


Application. To qualify for an exemption, except in the case of an exemption for cogeneration units, section 213(c) of the Act requires a demonstration that, despite reasonable...


a permanent exemption, except in the case of an exemption for fuel mixtures, section 213(a)(1) of the Act requires a demonstration that the use of a mixture of natural gas...


(a) OFE finding. Except in the case of an exemption for fuel mixtures, OFE may deny permanent exemptions authorized under section 212 of the Act if OFE finds on a site-specific...


qualify for permanent exemption due to lack of alternate fuel supply, site limitations, environmental requirements, or inadequate capital, section 212(a) of the Act requires...


any terms and conditions imposed upon the grant of an exemption petition. OFE will limit any such terms and conditions to the unit(s) which is the subject of...


information indicated in this section if a permanent exemption is requested. Material which has been prepared pursuant to any Federal, State or local requirement...


supply, site limitations, inadequate capital, or state or local requirements, a petitioner must examine the use of conventional solid coal as a primary energy source at the site...


Act with regard to temporary exemptions for new facilities. (b) This subpart establishes the criteria and standards which owners or operators of new powerplants who petition...


due to the unavailability of an adequate and reliable supply of an alternate fuel at a cost which does not substantially exceed the cost of using imported...


due to a site limitation. To qualify for such an exemption, a petitioner must certify that: (1) One or more specific physical limitations relevant to the location...


the Act provides for a temporary exemption due to an inability to comply with applicable environmental requirements. To qualify a petitioner must demonstrate that...


based upon the future use of synthetic fuels. To qualify, a petitioner must certify that: (1) The petitioner will be able to comply with the...


exemption. To qualify, a petitioner must demonstrate that: (1) The unit will be capable of complying with the applicable prohibitions at the end of the proposed...


Act with regard to permanent exemptions for new facilities. (b) This subpart establishes the criteria and standards which owners or operators of new powerplants...


of the Act provides for a permanent exemption due to lack of an adequate and reliable supply of alternate fuel within the first 10 years of useful life of...


(a) Eligibility. Section 212(a)(1) (A)(ii) of the Act provides for a permanent exemption due to lack of an alternate fuel supply at a cost which does...


due to site limitations. To qualify for such an exemption, a petitioner must certify that: (1) One or more specific physical limitations relevant to the location...


the Act provides for a permanent exemption due to the inability to comply with applicable environmental requirements. To qualify, a petitioner must demonstrate...


a permanent exemption due to inability to obtain adequate capital. To qualify, a petitioner must certify that: [[Page 55]] (1) Despite good faith efforts...


to certain State or local requirements. To qualify a petitioner must certify that: (1) With respect to the proposed site of the unit, the operation or construction...


on oil and natural gas savings. Average Annual Utilization of Oil and Natural Gas for Electricity Generation by State ...


Section 212(d) of the Act provides for a permanent exemption for certain fuel mixtures. To qualify a petitioner must certify that: (1) The petitioner proposes to use...


powerplants after a review of the certification and prohibition order compliance schedule submitted by the owner or operator of a powerplant. Sections 504.5 and 504.8...


section 301 of the Act, as amended, the use of petroleum or natural gas as a primary energy source where the owner or operator of the powerplant presents a complete...


certain circumstances. In the case of certifying powerplants under section 301 of the Act, as amended, the petitioner must present evidence to support the...


is technically and financially feasible for a unit to use a mixture of petroleum or natural gas and an alternate fuel as its primary energy source, OFP may prohibit, by order,...


use of petroleum or natural gas in such powerplant in amounts exceeding the minimum amount necessary to maintain reliability of operation consistent with maintaining...


301 and section 303 (a) or (b) of FUA, as amended, the use of natural gas or petroleum, or both, as a primary energy source in any certifying powerplant. Under sections...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR580.01] [Page 66] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 580_CURTAILMENT PRIORITIES FOR ESSENTIAL AGRICULTURAL USES--Table of Contents Sec. 580.01 Purpose. The purpose of this part is to implement the authority granted to the Secretary of Energy in section 401 of the Natural Gas Policy Act of 1978, Public Law 95-621, 92 Stat. 3394-3395 (1978). ...


purposes of this part, unless further defined in paragraph (b) of this section. (b) The following definitions are applicable to this part: (1)...


of 1978, or any other rule, regulation, or order of the Department of Energy, the Federal Energy Regulatory Commission or their predecessor agencies, and to the maximum...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR590.100] [Page 68] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 590_ADMINISTRATIVE PROCEDURES WITH RESPECT TO THE IMPORT AND EXPORT OF NATURAL GAS--Table of Contents Subpart A_General Provisions Sec. 590.100 OMB Control Numbers. The information collection requirements contained in this part have been approved by the Office of Management and Budget under Control No. 1903-0081. ...


is to establish the rules and procedures required to be followed by persons to obtain authorizations from DOE to import or export natural gas under the Natural Gas Act and by...


(a) Assistant Secretary means the Assistant Secretary for Fossil Energy or any employee of the DOE who has been delegated final decisional authority. (b)...


(a) Any document, including but not limited to an application, amendment of an application, request, petition, motion, answer, comment, protest, complaint, and...


under this part shall be addressed to: Office of Fuels Programs, Fossil Energy, U.S. Department of Energy, Docket Room 3F-056, FE-50, Forrestal Building, 1000...


period of time prescribed or allowed by these regulations, the day of the act or event from which the designated period of time begins to run is not included. The period of...


of each proceeding under this part, which shall contain the official record upon which all orders provided for in subparts D and E shall be based. The official record in...


to a proceeding, or a person filing a protest shall serve a copy of all documents filed with FE upon all parties unless otherwise provided in this part. The copy of...


any contested proceeding under this part: (1) No interested person shall make an off-the-record communication or knowingly cause an off-the-record communication to be made to...


the Assistant Secretary's delegate may investigate any facts, conditions, practices, or other matters within the scope of this part in order to determine whether any person...


(a) Any person seeking authorization to import or export natural gas into or from the United States, to amend an existing import or export authorization, or seeking any other...


(a) Each application filed under Sec. 590.201 shall contain the exact legal [[Page 72]] name of the applicant, the names, titles, and mailing addresses of...


If an application is incomplete or otherwise deemed deficient, the Assistant Secretary or the Assistant Secretary's delegate may require the applicant to submit...


applications. (a) The applicant may amend or supplement the application at any time [[Page 73]] prior to issuance of the Assistant Secretary's final...


(a) Upon receipt of an application, the FE shall publish a notice of application in the Federal Register. The notice shall summarize the proposal. Except in...


In all proceedings where, following a notice of application and the time specified in the notice for the filing of responses thereto, the Assistant Secretary determines to...


non-refundable filing fee of fifty dollars ($50) shall accompany each application filed under Sec. 590.201. Checks shall be made payable to ``Treasury of the...


Any person may export up to 100,000 cubic feet of natural gas (14.73 pounds per square inch at 60 degrees Fahrenheit) or the liquefied or compressed equivalent thereof, in a...


Any importer of natural gas may enter into an exchange by displacement agreement without the prior authorization of the Assistant Secretary when the net effect of the...


applicable to proceedings conducted on all applications or other requested actions filed under this part. The Assistant Secretary may conduct all aspects of the procedures...


or interlocutory ruling shall set forth the ruling or relief requested and state the grounds and the statutory or other authority relied upon. All written motions...


may intervene in a proceeding under this part as a matter of right and become a party to the proceeding by filing a notice of intervention no later than the date fixed...


an application filed under Sec. 590.201 of this part or to any action taken by FE under this part may file a protest. No particular form is required. The protest shall...


conduct discovery through use of procedures such as written interrogatories or production of documents. In response to a motion by a party, the Assistant Secretary or...


witnesses at a trial-type hearing or for [[Page 76]] the production of documentary evidence may be issued upon the initiative of the Assistant Secretary...


the Assistant Secretary or presiding official may authorize the taking of testimony of any witness by deposition. Unless otherwise directed in the authorization issued,...


to the end of a trial-type hearing, or, if there is no trial-type hearing, prior to the issuance of a final opinion and order under Sec. 590.404, any party, the Assistant...


If settlement negotiations are conducted during a conference, at the request of one of the parties, the Assistant Secretary or presiding official may order...


party may file a motion requesting additional procedures, including the opportunity to file written comments, request written interrogatories or other discovery procedures, or...


conference of the parties may be convened to adjust or settle the proceedings, set schedules, delineate issues, stipulate certain issues of fact or law, set procedures,...


a motion requesting an opportunity to make an oral presentation of views, arguments, including arguments of counsel, and data on any aspect of the proceeding. The motion...


a motion for a trial-type hearing for the purpose of taking evidence on relevant and material issues of fact genuinely in dispute in the proceeding. The motion shall identify...


may designate a presiding official to conduct any stage of the proceeding, including officiating at a conference, oral presentation, or trial-type hearing. The...


presiding official may require that the direct testimony of witnesses in trial-type hearings be submitted in advance of the hearing and be under oath, and in written form. ...


in response to a notice of application or notice of procedures, if applicable, no party files a motion requesting additional procedures, including the right to file...


to the actions by any other person under any statute, rule, order or authorization applicable to an existing import or export authorization over which FE...


this part may commence upon the initiative of the Assistant Secretary or in response to an application by any person requesting FE action against any other person alleged...


may issue a conditional order at any time during a proceeding prior to issuance of a final opinion and order. The conditional order shall include the basis for not issuing a...


the public interest, the Assistant Secretary may waive further procedures and issue an emergency interim order authorizing the import or export of natural gas. After...


shall issue a final opinion and order and attach such conditions thereto as may be required by the public interest after completion and review of the record. The...


Assistant Secretary to import or export natural gas shall not be transferable or assignable, unless specifically authorized by the...


or authorized to take any action by a final opinion and order of the Assistant Secretary shall file with FE, within thirty (30) days after the requirement or authorization...


import or export natural gas has a continuing obligation to give the Assistant Secretary written notification, as soon as practicable, of any prospective or actual...


rehearing of a final opinion and order, conditional order, or emergency interim order may be filed by any party aggrieved by the issuance of such opinion and order within...


of an application for rehearing does not operate as a stay of the Assistant Secretary's order, unless specifically ordered by the...


Upon application for rehearing, the Assistant Secretary may grant or deny rehearing or may abrogate or modify the final opinion and order, conditional order, or emergency interim...


Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency...


No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford...


Federal Grant and Cooperative Agreement Act, Pub. L. 95-224, as amended by Pub. L. 97-258 (31 U.S.C. 6301-6308), and establishes uniform policies and procedures for the award...


applications, solicitations, and new, continuation, and renewal awards (and any subsequent subawards). (b) Any new, continuation, or renewal award (and any...


one or more terms or conditions of an existing financial assistance award. Award means the written document executed by a DOE Contracting Officer, after an application...


or condition which varies from a requirement of this part, or the waiver of any such requirement, unless such use or waiver is authorized or precluded by Federal statute. The use...


the DOE decision as to whether the relationship is principally one of procurement or financial assistance shall be made pursuant to the Federal Grant and...


provides for the maximum amount of competition feasible. (b) Restricted eligibility. If DOE restricts eligibility, an explanation of why the restriction of eligibility...


financial assistance awards of small businesses, including those owned by socially and economically disadvantaged individuals and women, of historically black colleges, and...


of a program rule or other publicly available document which invites the submission of applications by a common due date or within a prescribed period of time. (1) A...


the Federal Register and other media, as appropriate, which describes broad, general, technical problems and areas of investigation for which DOE may award grants or...


or programs. (b) Forms. Applications shall be on the form and in the number of copies specified in a program rule, the solicitation, or these regulations....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.11] [Page 90] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart A_General Sec. 600.11 Intergovernmental review. Intergovernmental review of DOE financial assistance shall be conducted in accordance with 10 CFR part 1005. ...


and subrecipients of DOE financial assistance shall comply with all generally applicable requirements to which they are subject. Generally applicable...


a merit-based selection process. A merit review means a thorough, consistent, and objective examination of applications based on pre-established criteria by persons...


evaluation purposes unless such information is generally available to the public or is already the property of the Government. The Trade Secrets Act, 18 U.S.C. 1905,...


writing and is signed, either in writing or electronically, by a DOE Contracting Officer. (b) DOE funds awarded under a grant or cooperative agreement shall be obligated...


(DOE F 4600.1) which contains basic identifying and funding information together with attachments including a budget, any special terms [[Page...


sent to the recipient. The recipient shall acknowledge acceptance by returning a copy signed either in writing or electronically. No DOE funds shall be disbursed until...


has not been selected for award or whose application cannot be funded because of the unavailability of appropriated funds. If the application was not selected, the...


the amount shown in the award as the amount of DOE funds obligated, and (2) Any designated property. (b) DOE shall not be obligated to make any...


to records specified in Sec. Sec. 600.153 and 600.242, for any negotiated contract or subcontract in excess of $10,000 under a grant or cooperative agreement, DOE, the...


resolve informally any dispute over the award or administration of financial assistance. Informal resolution, including resolution through an alternative dispute...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.23] [Page 94] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart A_General Sec. 600.23 Debarment and suspension. Applicants, recipients, subrecipients, and contractors under financial assistance awards may be debarred and suspended for the causes and in accordance with the procedures set forth in 10 CFR part 1036. ...


whenever DOE determines that a recipient has not complied with the applicable requirements of this part, with the requirements of any applicable program statute or rule, or...


award for cause on the basis of: (1) A noncompliance determination under Sec. Sec. 600.24, 600.122(n), 600.162(a), or Sec. 600.243(a); or (2) An suspension...


an approved project shall be specified on the Notice of Financial Assistance Award (DOE Form 4600.1). (b) Budget period and continuation awards. If the project period is...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.28] [Page 96] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart A_General Sec. 600.28 Restrictions on lobbying. Procedures regarding restrictions on lobbying activities of applicants and recipients are contained in 10 CFR 601.110. ...


financial assistance instruments on a fixed amount basis. Under a fixed obligation award, funds are issued in support of a project without a requirement for Federal monitoring of...


apply to research, development, and demonstration projects: (a) When DOE awards financial assistance for research, development, and demonstration projects where...


Sec. 600.100 Purpose. Source: 59 FR 53266, Oct. 21, 1994, unless otherwise noted. General ...


Nonprofit Organizations Sec. 600.101 Definitions. Accrued expenditures means the charges incurred by the recipient during a given period requiring the provision...


Organizations Sec. 600.102 Effect on other issuances. For awards subject to this subpart, all administrative requirements of codified program...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.103] [Page 100] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart B_Uniform Administrative Requirements for Grants and Cooperative Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations Sec. 600.103 Deviations. The deviation provisions of Sec. 600.4 apply to this subpart. ...


Organizations Sec. 600.104 Subawards. Unless sections of this subpart specifically exclude subrecipients from coverage, all DOE recipients, including...


Organizations Sec. 600.110 Purpose. Sections 600.111 through 600.117 prescribe forms and instructions and other pre-award matters to be used in applying...


Nonprofit Organizations Sec. 600.111 Pre-award policies. (a) Use of Grants and Cooperative Agreements, and Contracts. In each instance, the DOE shall decide on...


Organizations Sec. 600.112 Forms for applying for Federal assistance. (a) General. An application for an award shall be on the form or in the format...


Organizations Sec. 600.113 Debarment and suspension. Recipients shall comply with the nonprocurement debarment and suspension common rule implementing...


Nonprofit Organizations Sec. 600.114 Special award conditions. (a) If an applicant or recipient has a history of poor performance, is not financially stable, has...


Organizations Sec. 600.115 Metric system of measurement. The Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C....


Organizations Sec. 600.116 Resource Conservation and Recovery Act. Under the Act (Pub. L. 94-580 codified at 42 U.S.C. 6962), any State agency or agency of...


Organizations Sec. 600.117 Certifications and representations. Unless prohibited by statute or codified regulation, each Federal awarding agency is...


Organizations Sec. 600.120 Purpose of financial and program management. Sections 600.121 through 600.128 prescribe standards for financial management...


Nonprofit Organizations Sec. 600.121 Standards for financial management systems. (a) Recipients shall relate financial data to performance data and develop unit...


Nonprofit Organizations Sec. 600.122 Payment. (a) Payment methods shall minimize the time elapsing between the transfer of funds from the United States Treasury...


Nonprofit Organizations Sec. 600.123 Cost sharing or matching. (a) All cost sharing or matching contributions, including cash and third party in-kind, shall meet...


Nonprofit Organizations Sec. 600.124 Program income. (a) The standards set forth in this section shall be used to account for program income related to...


Nonprofit Organizations Sec. 600.125 Revision of budget and program plans. (a) The budget plan is the financial expression of the project or program as...


Nonprofit Organizations Sec. 600.126 Non-Federal audits. (a) Recipients and subrecipients that are institutions of higher education...


Nonprofit Organizations Sec. 600.127 Allowable costs. (a) General. For each kind of recipient, there is a set of Federal principles for determining allowable...


Organizations Sec. 600.128 Period of availability of funds. Where a funding period is specified, a recipient may charge to the award only allowable...


Organizations Sec. 600.130 Purpose of property standards. Sections 600.131 through 600.137 set forth uniform standards governing management and disposition...


Organizations Sec. 600.131 Insurance coverage. Recipients shall, at a minimum, provide the equivalent insurance coverage for real property and...


Nonprofit Organizations Sec. 600.132 Real property. Unless otherwise provided by statute or program regulations, the requirements concerning the use and...


Organizations Sec. 600.133 Federally-owned and exempt property. (a) Federally-owned property. (1) Title to federally-owned property remains vested in...


Nonprofit Organizations Sec. 600.134 Equipment. (a) Title to equipment acquired by a recipient with Federal funds shall vest in the recipient, subject to...


Organizations Sec. 600.135 Supplies and other expendable property. (a) Title to supplies and other expendable property shall vest in the recipient...


Nonprofit Organizations Sec. 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for...


Organizations Sec. 600.137 Property trust relationship. Real property, equipment, intangible property and debt instruments that are acquired or improved...


Organizations Sec. 600.140 Purpose of procurement standards. Sections 600.141 through 600.148 set forth standards for use by recipients in...


Nonprofit Organizations Sec. 600.141 Recipient responsibilities. The standards contained in this section do not relieve the recipient of the...


Organizations Sec. 600.142 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its employees engaged...


Organizations Sec. 600.143 Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and...


Nonprofit Organizations Sec. 600.144 Procurement procedures. (a) All recipients shall establish written procurement procedures. These procedures shall provide...


Nonprofit Organizations Sec. 600.145 Cost and price analysis. Some form of cost or price analysis shall be made and documented in...


Organizations Sec. 600.146 Procurement records. Procurement records and files for purchases in excess of the small purchase threshold shall include...


Organizations Sec. 600.147 Contract administration. A system for contract administration shall be maintained to ensure contractor conformance with the...


Nonprofit Organizations Sec. 600.148 Contract provisions. The recipient shall include, in addition to provisions to define a sound and complete agreement,...


Organizations Sec. 600.149 Resource Conservation and Recovery Act (RCRA). Recipients' procurements shall comply with applicable requirements of RCRA,...


Organizations Sec. 600.150 Purpose of reports and records. Sections 600.151 through 600.153 set forth the procedures for monitoring and reporting on...


Nonprofit Organizations Sec. 600.151 Monitoring and reporting program performance. (a) Recipients are responsible for managing and monitoring each project,...


Nonprofit Organizations Sec. 600.152 Financial reporting. (a) The following forms or such other forms as may be approved by OMB are authorized for...


Nonprofit Organizations Sec. 600.153 Retention and access requirements for records. (a) This section sets forth requirements for record retention and access...


Organizations Sec. 600.160 Purpose of termination and enforcement. Sections 600.161 and 600.162 set forth uniform suspension, termination and...


Organizations Sec. 600.161 Termination. (a) Awards may be terminated in whole or in part only if paragraph (a) (1), (2) or (3) of this section apply. ...


Nonprofit Organizations Sec. 600.162 Enforcement. (a) Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of...


Organizations Sec. 600.170 Purpose. Sections 600.171 through 600.173 contain closeout procedures and other procedures for subsequent disallowances...


Organizations Sec. 600.171 Closeout procedures. (a) Recipients shall submit, within 90 calendar days after the date of completion of the award, all...


Organizations Sec. 600.172 Subsequent adjustments and continuing responsibilities. (a) The closeout of an award does not affect any of the following. ...


Nonprofit Organizations Sec. 600.173 Collection of amounts due. (a) Any funds paid to a recipient in excess of the amount to which the recipient is...


subpart. Source: 53 FR 8045, 8087, Mar. 11, 1988, unless otherwise noted. Redesignated at 59 FR 53264, Oct. 21, 1994. Editorial Note: For additional...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.201] [Page 125] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart C_Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments Sec. 600.201 Scope of Sec. Sec. 600.200 through 600.205. This section contains general rules pertaining to this part and procedures for control of exceptions from this subpart. ...


As used in this part: Accrued expenditures mean the charges incurred by the grantee during a given period requiring the provision of funds for: (1) Goods and...


(a) General. Sections 600.400 through 600.452 of this subpart apply to all grants and subgrants to governments, except where inconsistent with Federal statutes or...


All other grants administration provisions of codified program regulations, program manuals, handbooks and other nonregulatory materials which are inconsistent...


(a) For classes of grants and grantees subject to this subpart, Federal agencies may not impose additional administrative requirements except in codified...


grants. (a) Scope. (1) This section prescribes forms and instructions to be used by governmental organizations (except hospitals and institutions of higher...


(a) Scope. The statutes for some programs require States to submit plans before receiving grants. Under regulations implementing Executive Order 12372, ``Intergovernmental Review...


for ``high-risk'' recipients. (a) A grantee or subgrantee may be considered ``high risk'' if an awarding agency determines that a grantee or subgrantee: ...


systems. (a) A State must expend and account for grant funds in accordance with State laws and procedures for expending and accounting for its own...


(a) Scope. This section prescribes the basic standard and the methods under which a Federal agency will make payments to grantees, and grantees will make payments to subgrantees...


(a) Limitation on use of funds. Grant funds may be used only for: (1) The allowable costs of the grantees, subgrantees and cost-type contractors, including allowable...


funds. (a) General. Where a funding period is specified, a grantee may charge to the award only costs resulting from obligations of the funding period unless...


(a) Basic rule: Costs and contributions acceptable. With the qualifications and exceptions listed in paragraph (b) of this section, a matching or cost...


(a) General. Grantees are encouraged to earn income to defray program costs. Program income includes income from fees for services performed, from the use or rental of real...


(a) Basic rule. Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and...


(a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to...


(a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired under a grant or subgrant will vest upon acquisition in the...


(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee...


(a) Title. Title to supplies acquired under a grant or subgrant will vest, upon acquisition, in the grantee or subgrantee respectively. (b) Disposition. If there is a...


The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for...


suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended...


(a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non-Federal funds....


(a) States. States shall follow state law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial...


program performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and subgrant supported activities....


(a) General. (1) Except as provided in paragraphs (a) (2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of...


for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and...


(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an...


Except as provided in Sec. 600.443 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee...


(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has been completed. ...


adjustments. The closeout of a grant does not affect: (a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or...


(a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the award constitute a debt to...


Source: 68 FR 50650, Aug. 21, 2003, unless otherwise noted. General (a) This subpart prescribes administrative requirements for...


In addition to the definitions used in subpart A of this part, the following are definitions of terms as used in this subpart: Advance means a payment made by Treasury check...


(a) Individual deviations. Individual deviations affecting only one award are subject to the procedures stated in 10 CFR 600.4 (b) Class deviations. Class deviations affecting more...


(a) Contracting officers may impose additional requirements as needed, over and above those provided in this subpart, if an applicant or recipient: (1) Has a...


Recipients must comply with the nonprocurement debarment and suspension common rule implemented in 10 CFR part 1036. This common rule restricts subawards and contracts...


(a) The Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 205) and implemented by Executive Order 12770,...


management. Sections 600.311 through 600.318 prescribe standards for financial management systems; methods for making payments; and rules for cost sharing...


systems. (a) Recipients are encouraged to use existing financial management systems to the extent that the systems comply with Generally Accepted...


(a) Methods available. Payment methods for awards with for-profit organizations are: (1) Reimbursement. Under this method, the recipient requests reimbursement for costs...


(a) Acceptable contributions. All contributions, including cash contributions and third party in-kind contributions, must be accepted as part of the recipient's...


(a) DOE must apply the standards in this section to the disposition of program income from projects financed in whole or in part with Federal funds. (b) Unless...


plans. (a) The budget plan is the financial expression of the project or program as approved during the award process. It includes the sum of the Federal...


recipient that expends $500,000 or more in a year under Federal awards must have an audit made for that year by an independent auditor, in accordance with paragraph (b) of...


(a) DOE determines allowability of costs in accordance with the cost principles applicable to the type of entity incurring the cost as follows: (1)...


(a) Grants and cooperative agreements may not provide for the payment of fee or profit to recipients or subrecipients, except for awards made pursuant to the Small Business...


Sections 600.321 through 600.325 set forth uniform standards for management, use, and disposition of property. DOE encourages recipients to use...


(a) Prior approvals for acquisition with Federal funds. Recipients may purchase real property or equipment in whole or in part with Federal funds under an award...


(a) Annual inventory. The recipient must submit annually to the contracting officer an inventory listing of all Federally owned property in its custody, i.e.,...


The recipient's property management system must include the following: (a) Property records must be maintained, to include the following information...


vests in the recipient upon acquisition of supplies acquired with Federal funds under an award. (b) Upon termination or completion of the project or program, the...


(a) Scope. This section sets forth the policies with regard to disposition of rights to data and to inventions conceived or first actually reduced to practice in the...


Section 600.331 sets forth requirements necessary to ensure: [[Page 166]] (a) Recipients' procurements that use Federal funds comply...


The following requirements pertain to recipients' procurements funded in whole or in part with Federal funds or with recipients' cost- share or match: (a) Reasonable...


Sections 600.341 and 600.342 prescribe requirements for monitoring and reporting financial and program performance and for...


and financial performance. (a) The terms and conditions of the award prescribe the reporting requirements, the frequency, and the due dates for reports. At...


for records. (a) This section sets forth requirements for records retention and access to records for awards to recipients and subrecipients. (b)...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.350] [Page 168] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart D_Administrative Requirements for Grants and Cooperative Agreements With For-Profit Organizations Sec. 600.350 Purpose of termination and enforcement. Sections 600.351 through 600.353 set forth uniform procedures for suspension, termination, enforcement, and disputes. ...


(a) Awards may be terminated in whole or in part only in accordance with one of the following: (1) By the contracting officer, if a recipient materially fails to comply with...


(a) Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation,...


Consistent with 10 CFR 600.22 and part 1024, recipients have the right to appeal certain decisions by contracting officers. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR600.360] [Page 169] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 600_FINANCIAL ASSISTANCE RULES--Table of Contents Subpart D_Administrative Requirements for Grants and Cooperative Agreements With For-Profit Organizations Sec. 600.360 Purpose. Sections 600.361 through 600.363 contain procedures for closeout and for subsequent disallowances and adjustments. ...


(a) Recipients must submit, within 90 calendar days after the date of completion of the award, all reports required by the terms and conditions of the award. DOE may...


responsibilities. (a) The closeout of an award does not affect any of the following: (1) The right of DOE to disallow costs and recover funds on the basis of...


(a) Any funds paid to a recipient in excess of the amount to which the recipient is finally determined to be entitled under the terms and conditions of the...


of ``Additional Provisions'' is to provide alternative requirements for recipients otherwise covered by this subpart D, when they are performing under Small Business...


of ``Additional Provisions'' is to provide alternative requirements for recipients otherwise covered by this subpart D, when they are performing under Small Business...
...


Source: 60 FR 65514, Dec. 20, 1995, unless otherwise noted. This subpart implements section 2306 of the Energy Policy Act of 1992, 42 U.S.C. 13525, and sets forth...


The definitions in Sec. 600.3 of this part, including the definition of the term ``financial assistance,'' are applicable to this subpart. In addition, as used in this subpart: ...


A company shall be eligible to receive an award of financial assistance under a covered program only if DOE finds that-- (a) Consistent with Sec. 600.503, the...


of the United States. In determining whether participation of an applicant company in a covered program would be in the economic interest of the United States...


submit. (a) Any applicant for financial assistance under a covered program shall submit with the application for financial assistance, or at such later time as may...


consider. In making the determination under Sec. 600.502(b)(2), DOE may-- (a) consider information on the relevant international and domestic law obligations of...


a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of...


Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b)...


if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement...


in Sec. 601.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


in Sec. 601.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR601.210] [Page 194] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 601_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B_Activities by Own Employees Sec. 601.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


in Sec. 601.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a...


to a civil penalty of not less than $11,000 and not more than $110,000 for each such expenditure. (b) Any person who fails to file or amend the disclosure form...


of the Program Fraud and Civil Remedies Act, 31 U.S.C. 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR601.410] [Page 195] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 601_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D_Penalties and Enforcement Sec. 601.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy...


reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a...


(b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of...


grants and cooperative agreements by DOE (through the Office of Environment, Safety and Health or any office to which its functions are subsequently redelegated) for health...


of this rule. (b) Except as otherwise provided by this part, the award and administration of grants and cooperative agreements shall be governed by 10 CFR part 600...


purposes of this part: Conference and communication activities means scientific or technical conferences, symposia, workshops, seminars, public meetings,...


Environment, Safety and Health, the Head of the Contracting Activity, or their designees, upon the written request of DOE staff, an applicant for award, or a recipient....


for research, education/ training, conferences, communication, and related activities in the Office of Environment, Safety and Health program areas set forth in paragraph (b)...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR602.6] [Page 202] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 602_EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM--Table of Contents Sec. 602.6 Eligibility. Any individual or entity other than a Federal agency is eligible for a grant or cooperative agreement. An unaffiliated individual is also eligible for a grant or cooperative agreement. ...


control number is EOHSFAP 10 CFR part 602. (b) An application for a new or renewal award under this solicitation may be submitted at any time to DOE at the...


submitted, except that State and local governments and Indian tribal governments shall not be required to submit more than the original and two copies of the application. ...


in any event no later than 12 months, from the date of receipt by DOE. After DOE has held an application for 6 months, the applicant may, in response to DOE's request,...


human subjects must comply with DOE regulations in 10 CFR part 745, ``Protection of Human Subjects,'' and any additional provisions that may be included in the special terms...


part shall generally not exceed 3 years and may exceed 5 years only if DOE makes a renewal award or otherwise extends the award. The project period shall be specified on...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR602.12] [Page 205] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 602_EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM--Table of Contents Sec. 602.12 Cost sharing. Cost sharing is not required, nor will it be considered, as a criterion in the evaluation and selection process unless otherwise provided under Sec. 602.9(d)(5). ...


obligation to the recipient is the amount shown in the Notice of Financial Assistance Award as the amount of DOE funds obligated. DOE shall not be obligated to make any...


is a small business concern, as qualified under the criteria and size standards of 13 CFR part 121, in order to permit the concern to participate in the Epidemiology...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR602.15] [Page 206] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 602_EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM--Table of Contents Sec. 602.15 Indirect cost limitations. Awards issued under this part for conferences and scientific/ technical meetings will not include payment for indirect costs. ...


not expected to involve classified information (i.e., Restricted Data, Formerly Restricted Data, National Security Information). However, if in the opinion of the recipient or...


progress in meeting the project objectives of the award. The following types of reports shall be used: (1) Progress Reports. After issuance of an initial award,...


right to utilize, and have others utilize to the extent it deems appropriate, the reports resulting from research awards. (b) DOE may waive the technical...


facilitate mission-related activities. Recipients, therefore, must take adequate steps to ensure proper management, control, and preservation of all project records and data. ...


and cooperative agreements by the DOE Office of Energy Research (ER) and the Science and Technology Advisor (STA) Organization for basic and applied research, educational...


amended rule. (b) Except as otherwise provided by this part, the award and administration of grants and cooperative agreements shall be governed by 10 CFR part 600...


of this part-- Basic and applied research means basic and applied research and that part of development not related to the development of specific systems or...


ER or the Head of a Contracting Activity upon the written request of DOE staff, an applicant for an award, or a recipient. A request from an applicant or a recipient must...


Program, 10 CFR part 605, awards for basic and applied research, educational/training activities, conferences, and other related activities under the ER program...


agency, or entity is eligible for a grant or cooperative agreement. An unaffiliated individual also is eligible for a grant or cooperative...


number is ERFAP 10 CFR part 605. (b) An application for a new or renewal award under this solicitation may be submitted at any time to DOE at the address...


that State governments, local governments, or Indian tribal governments shall not be required to submit more than the original and two copies of the application. ...


in any event, no later than 12 months from the date of receipt by DOE. After DOE has held an application for 6 months, the applicant may, in response to DOE's request, be...


human subjects must comply with DOE regulations in 10 CFR part 745, ``Protection of Human Subjects,'' and any additional provisions which may be included in the Special Terms...


generally not exceed 3 years and may exceed 5 years only if DOE makes a renewal award or otherwise extends the award. The project period shall be specified on the Notice...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR605.13] [Page 213] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 605_THE OFFICE OF ENERGY RESEARCH FINANCIAL ASSISTANCE PROGRAM--Table of Contents Sec. 605.13 Cost sharing. Cost sharing is not required nor will it be considered as a criterion in the evaluation and selection process unless otherwise provided under Sec. 605.10(d)(5). ...


the recipient is the amount shown in the Notice of Financial Assistance Award as the amount of DOE funds obligated. DOE shall not be obligated to make any...


a small business concern as qualified under the criteria and size standards of 13 CFR part 121 in order to permit the concern to participate in the ER Financial Assistance...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR605.16] [Page 213] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 605_THE OFFICE OF ENERGY RESEARCH FINANCIAL ASSISTANCE PROGRAM--Table of Contents Sec. 605.16 Indirect cost limitations. Awards issued under this part for conferences and scientific/ technical meetings will not include payment for indirect costs. ...


(i.e., Restricted Data, formerly Restricted Data, National Security Information). However, if in the opinion of the recipient or DOE such involvement...


in meeting the project objectives of the award. The following types of reports shall be used: (1) Progress reports. After issuance of an initial award and if...


right to utilize, and have others utilize, to the extent it deems appropriate, the reports resulting from awards. (b) DOE may waive progress reporting requirements set forth...


a broad topic or specific audience with special responsibilities, as shown in the following table: ------------------------------------------------------------------------ ...


business community to use. The section headings and text, often in the form of questions and answers, must be read together. (b) Pronouns used within this part, such as...


are defined in Subpart I of this part. For example, three important terms are-- (a) Exclusion or excluded, which refers only to discretionary actions taken by...


of debarment and suspension for DOE nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the Federal...


Sec. 606.25(b)) apply to you if you are a(n)-- (a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a covered transaction; ...


(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons. (b)...


With the exceptions stated in Sec. Sec. 606.120, 606.315, and 606.420, a person who is excluded by the Department of Energy or any other Federal agency may...


covered transaction? (a) The Director, Office of Procurement and Assistance Management, DOE, for DOE actions, and Director, Office of Procurement and Assistance...


Federal procurement contracts? If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the excluded person is...


to participate in nonprocurement transactions? If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is also...


a nonprocurement transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved,...


System (EPLS) to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart E of...


are excluded from nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- (a) Addresses disqualified persons only to-- (1)...


a nonprocurement or procurement transaction that is subject to the prohibitions of this part. It may be a transaction at-- (a) The primary tier, between a Federal agency and...


The importance of a covered transaction depends upon who you are. (a) As a participant in the transaction, you have the responsibilities laid out in Subpart...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.210] [Page 225] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart B_Covered Transactions Sec. 606.210 Which nonprocurement transactions are covered transactions? All nonprocurement transactions, as defined in Sec. 606.970, are covered transactions unless listed in Sec. 606.215. (See appendix to this part.) ...


The following types of nonprocurement transactions are not covered transactions: (a) A direct award to-- (1) A foreign government or foreign governmental entity; ...


(a) Covered transactions under this part-- (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include some...


transaction? As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction, the...


another person at the next lower tier? Doing Business With Other Persons When you enter into a covered transaction with another...


disqualified person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the Department of Energy grants...


whom I am already doing business in a covered transaction? (a) You as a participant may continue covered transactions with an excluded person if the transactions...


under a covered transaction? (a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you...


eligible to participate? Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded...


a covered transaction? If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction, issue...


with whom I intend to do business? Before entering into a covered transaction with a participant at the next lower tier, you must require that participant to-- ...


covered transaction with the Department of Energy? Before you enter into a covered transaction at the primary tier, you as the participant must notify the DOE office...


606.335, will I be prevented from participating in the transaction? As a primary tier participant, your disclosure of unfavorable information about yourself or...


Sec. 606.335? If we later determine that you failed to disclose information under Sec. 606.335 that you knew at the time you entered into the...


Sec. 606.335 after entering into a covered transaction with the Department of Energy? At any time after you enter into a covered transaction, you must give...


entering into a covered transaction with that participant? Before you enter into a covered transaction with a person at the next higher tier, you as a...


under Sec. 606.355? If we later determine that you failed to tell the person at the higher tier that you were excluded or...


Sec. 606.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered transaction with a person...


person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under Sec....


a principal of the transaction is excluded? As an agency official, you may not enter into a covered transaction with a participant if you know that a principal...


an excluded person? After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an excluded person...


a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions with an excluded person, or under which...


at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may not approve-- (a) A covered...


As an agency official, you must check to see if a person is excluded or disqualified before you-- (a) Enter into a primary tier covered transaction; ...


You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check the EPLS when you take any action listed...


You as an agency official must require each participant in a primary tier covered transaction to-- (a) Comply with subpart C of this part as a condition...


participants? To communicate the requirements, you must include a term or condition in the transaction requiring the participants' compliance with subpart C...


does business with an excluded or disqualified person? If a participant knowingly does business with an excluded or disqualified person, you as an agency...


to disclose the information required under Sec. 606.335? If you as an agency official determine that a participant failed to disclose information, as required by...


the information required under Sec. 606.355 to the next higher tier? If you as an agency official determine that a lower tier participant failed to...


The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from...


EPLS to determine whether to enter into a transaction with a person, as required under Sec. 606.430. (b) Participants also may, but are not required to, use the EPLS...


guidelines, the General Services Administration (GSA) maintains the EPLS. When [[Page 230]] a Federal agency takes an action to exclude a person under...


the EPLS indicates-- (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references if more than...


take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about those...


If you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the agency point...


the Internet, currently at http://epls.arnet.gov. (b) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing...


and debarment actions start? When we receive information from any source concerning a cause for suspension or debarment, we will promptly report and...


suspension differ from debarment? Suspension differs from debarment in...


does the Department of Energy use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions as informally...


Department of Energy notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to the last known...


coordinate suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may...


the scope of a suspension or debarment? If you are suspended or debarred, the suspension or debarment is effective as follows: (a) Your suspension or...


Department of Energy impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: (a)...


of Energy settle a debarment or suspension action? Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the...


include a voluntary exclusion? Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has...


agencies know if the Department of Energy agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion into the EPLS. ...


a serious action. Using the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when that official determines that-- ...


(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is given...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.710] [Page 233] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart G_Suspension Sec. 606.710 When does a suspension take effect? A suspension is effective when the suspending official signs the decision to suspend. ...


After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you-- (a) That you have been suspended; (b) That...


contest a suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in writing, but...


or your representative must either send, or make rrangements to appear and present, the information and argument to the suspending official within 30 days after you receive...


suspension? (a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify-- (1)...


facts on which the suspension is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official...


conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending...


(1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


Contract Appeals conducts fact-finding conferences for DOE, in accordance with the rules promulgated by the Energy Board of Contract Appeals. [68 FR 66568, Nov....


terminate my suspension? (a) The suspending official bases the decision on all information contained in the official record. The record includes-- (1)...


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The...


initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are not initiated,...


(a) Conviction of or civil judgment for-- (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public...


debarment? After consideration of the causes in Sec. 606.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice of...


the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the...


to contest a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do this orally...


a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30 days after...


proposed debarment? (a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify-- ...


facts on which a proposed debarment is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official...


conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing,...


Contract Appeals conducts fact-finding conferences for DOE, in accordance with the rules promulgated by the Energy Board of Contract Appeals. [68 FR 66568, Nov....


(1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


(a) The debarring official may debar you for any of the causes in Sec. 606.800. However, the official need not debar you even if a cause for debarment exists....


debarment action, we must establish the cause for debarment by a preponderance of the evidence. (b) If the proposed debarment is based upon a conviction or civil judgment,...


burden to prove that a cause for debarment exists. (b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of...


This section lists the mitigating and aggravating factors that the debarring official may consider in determining whether to debar you and the length of your debarment...


to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed...


official must make a written decision whether to debar within 45 days of closing the official record. The official record closes upon the debarring official's receipt of...


Yes, as a debarred person you may ask the debarring official to reconsider the debarment decision or to reduce the time period or scope of the debarment. However, you...


The debarring official may reduce or terminate your debarment based on-- (a) Newly discovered material evidence; (b) A reversal of the conviction or...


official may extend a debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. (b) However,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.900] [Page 239] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.900 Adequate evidence. Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. ...


indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The ways we use to determine control...


department, defense agency, or any other agency of the executive branch. Other agencies of the Federal government are not considered ``agencies'' for the purposes...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.915] [Page 240] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.915 Agent or representative. Agent or representative means any person who acts on behalf of, or who is authorized to commit, a participant in a covered transaction. ...


by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained...


determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or (b)...


subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR...


who is authorized to impose debarment. A debarring official is either-- (1) The agency head; or (2) An official designated by the agency head. (b) The...


participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689) or...


(a) That a person or commodity is prohibited from being a participant in covered transactions, whether the person has been suspended; debarred; proposed for debarment under 48 CFR part...


the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. The...


presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as an...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.960] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.960 Ineligible or ineligibility. Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification. ...


any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal Government or a State or...


any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (1) Grants. (2) Cooperative agreements. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.975] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.975 Notice. Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See Sec. 606. 615.) ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.980] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.980 Participant. Participant means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.985] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.985 Person. Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.990] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.990 Preponderance of the evidence. Preponderance of the evidence means proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true than not. ...


partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or (b)...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR606.1000] [Page 241] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 606_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 606.1000 Respondent. Respondent means a person against whom an agency has initiated a debarment or suspension action. ...


United States; (2) The District of Columbia; (3) The Commonwealth of Puerto Rico; (4) Any territory or possession of the United States; or (5) Any agency...


official who is authorized to impose suspension. The suspending official is either: (1) The agency head; or (2) An official designated by the agency head. (b)...


under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition...


means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have governmentwide effect. ...


out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to...


this part apply to you if you are either-- (1) A recipient of an assistance award from the Department of Energy; or (2) A DOE awarding official. (See definitions of...


part? This part does not apply to any award that the Director, Office of Procurement and Assistance Management, DOE, for DOE actions, and Director, Office of...


It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in Sec. 607....


There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing basis,...


statement? You must publish a statement that-- (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of...


statement? You must require that a copy of the statement described in Sec. 607.205 be given to each employee who will be engaged in the performance of...


program? You must establish an ongoing drug-free awareness program to inform employees about-- (a) The dangers of drug abuse in the workplace; (b)...


statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as described in Sec....


who are convicted of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in the workplace: ...


(a) You must identify all known workplaces under each DOE award. A failure to do so is a violation of your drug-free workplace requirements. You may identify...


if I am an individual recipient? As a condition of receiving a DOE award, if you are an individual recipient, you must agree that-- (a) You will not...


official? As a DOE awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in-- ...


recipients other than individuals? A recipient other than an individual is in violation of the requirements of this part if the Director, Office of Procurement...


recipients who are individuals? An individual recipient is in violation of the requirements of this part if the Director, Office of Procurement and...


against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in Sec. 607.500 or Sec. 607.505,...


The Secretary of Energy may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award,...


by the Department of Energy or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in...


a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11...


(including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or...


an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in Sec....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR607.625] [Page 247] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 607_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 607.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. ...


a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited...


a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture,...


a recipient directly engaged in the performance of work under the award, including-- (1) All direct charge employees; (2) All indirect charge employees, unless their...


Energy means the U.S. Department of Energy, including the National Nuclear Security Administration (NNSA). Federal agency or agency means any United States executive...


that, consistent with 31 U.S.C. 6304, is used to enter into a relationship-- (a) The principal purpose of which is to transfer a thing of value to the recipient to...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR607.655] [Page 248] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 607_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 607.655 Individual. Individual means a natural person. ...


partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR607.665] [Page 248] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY (CONTINUED) PART 607_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 607.665 State. State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ...


a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a...


U.S. Government shall include a Disputes clause which provides for: (1) Binding final decisions by the Contracting Officer, subject to appeal; (2) Appeal...


(a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). If a dispute arises relating to the contract, the purchaser may submit a claim to...




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