EECBG-funded Projects Information for Grantees and Subcontractors

EECBG-funded Projects
Information for Grantees and Subcontractors

All recipients of U.S. Department of Energy's Energy (DOE) Efficiency and Conservation Block Grant (EECBG) funds authorized under the American Recovery and Reinvestment Act of 2009 (ARRA) are required to meet certain requirements.

The information outlined below is intended to make it easier for Grantees and Subcontractors to understand and meet the federal requirements associated with the Energy Division's EECBG-funded programs: Public Projects Grants, Renewable Energy Incentives, and Take Charge Challenge Final Awards.

Definitions

Grantees are the representatives of cities, counties, or other eligible entities that received funds directly from the Energy Division and signed a contact with the KCC. Note: Grantees are sometimes termed Subrecipients and Subawardees in DOE literature.

Subcontractors are anyone hired by Grantees or by another Subcontractor. Prime Contractors are the primary contractors on the project (may be the same individual as the Grantee).

Official designees are individuals with a legally defined fiduciary responsibility for Grantees or Subcontractors.

Contact

Ann Furlong
785.271.3121 / 785.271.3268 (fax)

Requirements for Grantees

Comply with All Federal Labor and Environmental Regulations: As with any project, Grantees must comply with all federal regulations, such as those relating to Equal Employment Opportunity, Copeland "Anti-Kickback" Provisions, and EPA environmental regulations. Click here to view all federal regulations referenced in the Subcontractor Flowdown Requirements.

Comply with Federal "Buy American" Provisions: Federal law requires that "all iron, steel and manufactured goods used in the project [be] produced in the United States," unless the cost would be "unreasonable" OR these items cannot be purchased domestically in "sufficient and reasonably available quantities and ... quality." These provisions apply to all projects involving any construction, alteration, or repair activity on a public building or public work. See Desk Guide to the Buy American Provisions of the Recovery Act.

Waivers: DOE maintains a list of waivers that have been issued for the Buy American Provisions. Grantees and subcontractors who need a product already covered in a waiver do not need to apply for a new waiver. However, they must inform the Energy Division and include the waiver when they submit the Certification of Compliance form.
If it is determined that the purchase of domestically produced items will increase the cost by more than 25%, a waiver of this requirement may be granted.
Recipients will work with subcontractors to ensure proper Buy American documentation for all materials and manufactured goods used on your projects and submit the Certification of Compliance form to the Energy Division () before making any significant purchases (over $500).

Grantees unable to find a domestic manufacturer must contact our office and complete the Application to Purchase Non-Domestically Produced Iron, Steel, or Manufactured Goods. This form must be signed by Grantees or their official designees.

Post a Notice Regarding Whistleblower Protection: Any non-federal employer receiving ARRA funds is required to post a notice regarding whistleblower protections at all ARRA job sites.

Maintain Separate Accounting: Grantees must segregate the obligations and expenditures related to the EECBG grant funding and revise financial and accounting systems, as needed, to segregate, track, and maintain these funds apart and separate from other revenue streams.

Submit Monthly Reimbursement Requests: By the 5th day of each month, Grantees must submit the "Request for Reimbursement" form along with supporting documentation (e.g., invoices), for the portion of the project completed during the previous month.

Include Specific Federal Language in All Contracts: Grantees or Subcontractors must include specific federal language related to procurement, flowdown provisions, and other mandatory federal requirements in all contracts involving these grants. This language is contained in the attachment(s) to their original contract with the Energy Division.

Submit Original Certified Payroll Forms from Contractors on a Weekly Basis: On a weekly basis, Grantees must collect Federal Form WH-347, the certified payroll form required by the U.S. Department of Labor, and send by U.S. mail to the Energy Division, ATTN: Davis-Bacon, 1300 SW Arrowhead Road, Suite 100, Topeka, Kansas 66604-4074. This form must be signed by Subcontractors or their official designees.

Maintain Payroll Records for Three (3) Years: Grantees must retain payroll records for three years following the completion of the project.

Submit Quarterly Milestone Reports: On a quarterly basis, Grantees must submit reports on progress towards their project milestones. Forms should be submitted electronically to eecbgreporting@kcc.ks.gov. Note: At the outset of the project, Grantees will work with Energy Office staff to establish milestones.

Reports must be submitted by the 10th day of the month following the end of the calendar quarter (January 10, April 10, July 10, and October 10).
Renewable Energy Incentives Grantees will submit SEO Form 6A; Public Projects Grantees with Submit SEO Form 6B.

At Project Completion, Submit Reporting Metrics: Grantees must submit the appropriate Reporting Metrics forms during the month following the completion of a project (see below for more details). Forms must be signed by Grantees or their official designees. Forms should be submitted electronically to .

Renewable Energy Incentives: For projects that involve the installation of more than one generating source, Grantees must submit Project Reporting Metrics forms by the 10th day of the month following the month in which installation of each source (e.g., each wind turbine in a multi-turbine project) was completed. Otherwise, Grantees will submit one Reporting Metric form by the 10th day of the month following the month in which a project is completed.
Public Projects: Grantees must submit the Project Reporting Metrics form by the 10th day of the month following completion of each building retrofit.

When Project is Complete, Submit Engineering Stamp or Assurance from Building Inspector, and Waste Management Plan: By the 5th day of the month following the month in which the project is completed, Grantee must submit the items listed below:

An engineering stamp or Assurance from Building Inspector to certify that all retrofits or structural changes included in funded project are structurally sound and meet applicable permitting requirements and codes.
Waste Management Plan Template, including pre- and post-construction worksheets.

Requirements for Subcontractors

Pay Employees Davis-Bacon Wages on a Weekly Basis: Davis-Bacon Labor Act (DBLA) regulations requires Subcontractors to pay all laborers and mechanics employed at the project site at least once a week and at a wage rate not less than those listed on the Davis-Bacon Wage Determinations by State web site: http://www.gpo.gov/davisbacon/allstates.html for the county in which the project is located.

Because wage rates change periodically, Subcontractors should retain a copy of the wage decisions in effect at the time of the grant award and use these for the entire project.

Post Wage Determination and Davis-Bacon Poster at Work Site: Subcontractors must display the Davis-Bacon wage determination and Davis-Bacon Poster (WH-1321) at all times in a prominent and accessible place at the work site where it can be seen by the workers.

Submit Original Certified Payroll Forms on Weekly Basis: On a weekly basis, the Subcontractor must complete certified payroll forms (WH-347) and send by U.S. mail to the Grantee. This form must be signed by Subcontractors or their official designees.

Maintain Payroll Records for Three (3) Years: All Subcontractors working on the project must retain payroll records for three years following the completion of the project.

Include "Subgrant Flow Down Provisions for Financial Assistance Awards" in All Contracts with Subcontractors: If Subcontractors issue a contract with another Subcontractor, the contract must include specific language related to federal procurement regulations. In addition, the contract must include the "Subgrant Flowdown Provisions for EECBG Financial Assistance Awards," standard federal regulations that address, among other things, environmental and historical preservation, waste disposal, "Buy-American" provisions, open access to records, all of which are outlined in the Terms and Conditions attachment of the Grantee's original contract with the KCC.

Comply with All Federal Labor and Environmental Regulations: As with any project, Subcontractors must comply with all federal regulations, such as those relating to Equal Employment Opportunity, Copeland "Anti-Kickback" Provisions, and EPA environmental regulations. Click here to view all federal regulations referenced in the Subcontractor Flowdown Requirements.

Waivers: DOE maintains a list of waivers that have been issued for the Buy American Provisions. Grantees and subcontractors who need a product already covered in a waiver do not need to apply for a new waiver. However, they must inform the Energy Division and include the waiver when they submit the Certification of Compliance form.
If it is determined that the purchase of domestically produced items will increase the cost by more than 25%, a waiver of this requirement may be granted.
Recipients will work with subcontractors to ensure proper Buy American documentation for all materials and manufactured goods used on your projects and submit the Certification of Compliance form to the Energy Division () before making any significant purchases (over $500).

Post a Notice Regarding Whistleblower Protection: Any non-federal employer receiving ARRA funds is required to post a notice regarding whistleblower protections at all ARRA job sites.

Maintain Separate Accounting: Subcontractors must segregate the obligations and expenditures related to the EECBG grant funding and revise financial and accounting systems, as needed, to segregate, track, and maintain these funds apart and separate from other revenue streams.