HomeMy WebLinkAboutResolutions - 1980.05.22 - 12081MISCELLANEOUS RESOLUTION 9412
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: ELECTRIC VEHICLE GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #8145 requires the Finance
Committee to review acceptance of all grants that vary less than ten
(10) percent from the original grant application; and
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution /19257, authorized the application for an Electric Vehicle
Grant Program in the amount of $380,205; and
WHEREAS the Finance Committee has reviewed said grant as approved
by the U. S. Department of Energy and finds the grant award in the amount
of $372,415 varies less than 10% from the original grant application and
covers the 4 year period, April 1, 1980 through March 31, 1984; and
WHEREAS funding is in the amount of $372,415, of which $148,335 or
40% is Department of Energy funded and $224,080 or 607- is County funded.
The County portion consists entirely of soft match and as such would not
require any additional County Funds; and
WHEREAS the electric vehitles to be purchased by the County will be
replacement vehicles and will not be an expansion of the County fleet;
and
WHEREAS acceptance of this program does not obligate the County to
continue this program beyond the agreement period.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Com-
missioners accept the Electric and Hybrid Vehicle Grant in the amount
of $372,415.
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
PROVE THE FOREGOING RESOLUTION = _
REVISED
COST PROPOSAL
SUBMITTED IN RESPONSE TO
Pk No. DE-PA0S-79NVI0057
By
The County of Oakland
1200 North Telegraph Road
Pontiac, Michigan 48053
- Daniel T. Murphy
County Executive
Business Contact PersonI
Russell D. Martin (513)SSS-0497
Date of Submission of Revision:
January 25, 1950
CONITRA,,cT PRICING PROPOSAL
(RESEA, AND DFVELOPMENT)
Office of Na vemt-nE Buclz,t1
Approvat No. 29-R0 t 84
NO OF PAC
10
PAGE NO
TO AE A...LAOUNT OF PROPDSAL
s 380,205
AN whEE. '0^e0 15 10 TE
1200 N. Telegraph Rd., Pontiac, Mich.
COYI E0oCITATION NO
DE -PA08-79NV10037
Thia. form is. ft): u,.-c when (i) submission, of co.st or pricing (121. (3Ce FPR 1 -3.S-07-3),h rN.p.xir,d o.rid i.;) NA-061,4;0r, ros Optional Form 59 i. authorized b y thr contr.kcting ofitte.r.
1N.A3.A.T. OF OfE.ROR
' Oakland County, Pontiac, Michigan
;,--0-,E Cri-i"iCE ADD7E.S.S
1200 N. Telegraph Road
' Pontiac, Michigan 48053
Sti??LiES ANO/OR szkv,(Es 10 EE Et.skNiShED
Revised Proposal 1115/80
DOE Electric Vehicle Demonstration
. 10 vehicles - (5 vans - 5 pickup trucks)
DETAIL DESCRIPTION OF COST ELEMENTS
,
F. DrECT ;.“..TEZIAT. ( ,7.ree on, ErtitArit 4)TOTAL EST COST COST (5) EST COST' ENCE'
a PLIR-CKASED PARIS :.,..:
. S'..ICONTR...CTED ITEMS . ' .. .„7.,
e. OTHEt —f 1) kW AAATERtAL
(2) YOUR STANDARD COAQA2PCIAE 'TEAL% I c ic es pares 123,2 8 ,
(3) Ii^.^1EROMSIONAE IRANSEIRS (4, creiN, thal.., roil) .
. . ToT4i. arREcr MATERIAL -, 123,298
2 MATEPiA.I. VE=H:;-"..0.' (Rdr
, DIRECT /..AOR (Specify) -,, ESTPAATED RATE/ EST
HOURS HOUR COST (5)
Data CollecOon
...... ii. _
1,486
Maintenance & Repair 102,036
Public Awareness 111111111111=011111 7,97 ME=• . .---'-',.-..:-
ToTAL nikEcT LABOR '''.--..: 1 61,4931C-D-E
4 EASO'Z OvERHE.AD (Stnrcify F74,-Irt,,nryit Cut( Crntrri 0 li RATE X BASE= EST COST (5) ?,.:. ".;.,,:.:..;„;,:;•.._.
D --,*--= Collection 28.1 5j 86 14,468 . ,
Maintenance & Repair 28.!J 28,671 -
Pulic Awareness 28.1 J 7,9711 2,239
TOTAL LABOR OVI.R7tE.AD ...'-'' : 45,318 ;C-D -E
..S SPECtAt TESTING (14L11,4ing M work af fr.koof,a ins!.-dtdric.1s) . ES Tic.1 ','"L-.:';:'"AH-.1
• '/..f,.-i.
..
---
TOTAL SPECtill TESTING - ... -• ,o.
6 SPEOAL EOLI;PrAENT (If 1.2:ir,ci rharge ) ((tenths on Exhibit .4)
7 TR.AvEE (If dirt., (Ght ilts...,i1J OM .11-echt‘t .Crkeditle) EST c0.5 is)
a. RANSPOZIATiON 5,680 ....%':"..',:
PER GlEm OR 5t.nSISTENCE 720 . •
Torm. Th...41-EL .
40 0 F ( ) -
• coNsucrAmrs (ide,,,ib-porpc.se-rate EST COST (S.) . .,-...
1---7:
TOTAL c0Nsucc.-1 ,,r.r3 • • ..
011•(ER TN ECT COSTS thensizr 071Ethihil A)
• 10 1-01.n. onvx-r- COST 1N-1) o:TRIIE.-in
1,1 GENE?.....1, AN D AD,AiNISTRATIVE ExPENSE (Rale % mf soli element .. 111
1 7 POTAMES -
13, ' 1 (n.-61., Fsitts.-rtr.r) tn.‘•/ ,
--.-', 380,205 !
_ , 14 FEE OX PROFIT .. ,
- 231, 870 I _61_
'DOE Share , w (.1 1, FA:1%141 w (.4'1%1 .-101) ILE OR PROW' -1 ,,, , - --- i
--- . _ . .14,6,335 ----
SECTION II •.: - oPrIox.,TioRss Go •
1
I SFO-N,ATUP-t NJ-kE AND TITTE
a :f Daniel T. Murphy, County Executive
DATE OF SU?-AossloN
2--
INAmF FIRe-4
Oakland County. Pontiac, Michigan
6 HAS ANT FIPCUTIVE AC,F.NCY OF THE UNITED STATES GOvERNFAENT PERFORmED ANY REVIrEW OF `tOUP ACCOUNTS OF PECORDE CONNECTIOF4 witH ANY Olti;;R GOVERN MENT FR:FAE CONTACT SUSCONT;ACT wilHIrd THE PAST TWELVE mONTHS?
FA 1ES D trf >ri, ;derail, delo•,) U. S. DUI, of Lat?or
E AND ADDRESS OF REv;EWING °FACE AND INDIVIDUAL Office of Comptroller
..1oseph J. Handzo. U.S. Dept. of Labor. 2305 S. 0gArborn
""°'' lEN51°H "*A."""
312 - 886-247
0. wItt YOU kaauIRE THE USE. OF ANY COVERNA,ENT PR.OPERIY 0 THE- PERFORmANCE OF !HAS '41qT1,. 60604
EiYES ffl NO Of jr.r. idriatly ofr, roro,s, o, Jr,P.Proti pag() . .
11. DO "TCYJ 9.E.0„Y=ZE GOVEP.NmENT CONTRACT FINANCING TO PERFORm ToilS PROPOSED CONTRACT?
ri YES N0 (Yrs idtot;Zy.): D ADVANCE PAYMENTS D PROGRESS PAYMENTS O OttAUkT4TEE LOANS
V. 00 YO:i NOW HOED ANY CON;RACT (Or. do, "co hit- off, iwirponoteol.r.y fia.eofed (Ift&D) projr.u) FOE TriE. SAM-E. CR SfmiTAtc
PROEO-EfD CONTRACT?
Ej YES NO Of pl. idemrify.f:
WO'PA (MAID FOE FY THIS
V D0.15 TH,S COST SUMMARY CONFOkM WrEN THE COST PPINCIPIES 5E1 FORTH IN AGENCY FEGULATIONS?
YES El NO r ,frr,sr, stp,,,tr p-cce)
Kererse for .instruthons and Foomotea OPTIONAL kald.NE 60 {10-70
1 Th,t. rr.p,p..T o. 5t,t)Itliltrsi fop att.c in tiarint-ct;‘,11. ...-ith And ,n ,,cyrm „ tu (1),34rifr, kt.p. „.,)
DOE Electric Vehicle Demonstratiory- AO vehicles
aZiJ N-41“.o. srnAv Ag th;,.. d,r1,Ifl J,Cup d brlic 401 Lh, Instru, tiorrs t.Ofirt,•rs thr FOLYInorc,
EXHibiT A—SUPPORTING SCHH3LRE (Specify. If more spcce is needed, 1..se rei-ent
COST EL t•:0.ITEM b?..5cRIPTiON (Srf ,Ii.crtiate 5) EST COST (S) _ ,
'6 Speci ,n) Equipment (See Sch_eduie B)
- Hi-Voltage Analyzer 836
. - Offboard Chargers 3 250
Item 6 Total
Oth,e_r_Dir.a.cts_____
Rp_p_coAactioa_af_Rts___(C ,,,, Cched =L
rtri_cal A1t er Cpre
*- arL_E—Rr7 ,-1.L_Pnblir ku-p-rl'psc hitpr;p1 (S,=',...Szliesiule_ F
10 e_e___VEL_Argn 17 chnaLapias (c,,PP ScheAule F) 000 • ___
EF'DIPcernd-,r-Lt BattPrie 9 Y.4.64 (See CrhPrinle C)
,. .
• - 3-9-55-a
•
-
_
._ -
(-1
ESTIMATtO COSTS AND
PROPOSCD COST SHARE
-CASED .UPON 10 VDUCLES'.
ID VEHICLE DEMONSTRATION pROJEOT ,
'Llatteries
t
4J '
C.J cE n--cE) • Ei
FIrt Year cc nJ Year Third Yee '----T-----------irth Year Total f r t c Demon trot on
Cost Element Schedules Tot Propccd iota Proposed Iota Proposod ow . roposod
,D t. Cost DOS Share Est. Cost DOC Sro Est. Cost DOE Shor Est, Cost DOS 5h3r E st, Cost DOE Share Z
Vehleles c A
Sparcs1 123 $ 293 102,045 3 123,298 102,05 03'
Special Tools a 4,086 4,086 ,4,086 4,086 100
Z. Equ/pment2 ,
Maintenance C . 8,292. 0 50,403 1 2 ,314* 4 40,752 0 3,609 c lhi3,021 12,314 9
C Repalrl
. Data 4,463 0 17,74 • 0' 18,982 0 0 4,768 0 65,954 ° 0 o
, collection i
• Public . 1,528 0 3,70• 1,000 7 3,890 1,000 26 4 7 092 1,000 24 13,210 3,000 23 •
Awareness . . . .,.
Othseril .22,090 . 22,0900 2,84d 1,600 6 2,849 1,600 56 2,849 I6OO 56 30,636 26,890 88'
.. ...
TOTAL 3,717 128,22 ,78 „698,14,914 ;20 66,47 2 .,6 0 4 753 6 0 3 380 20355 48,3 39
otos
. DaIlvered Cost of Vchfeles ond Spores
• An itemized 11st mst be. provided
incTudes_Labo;', MaterfaIs
i\eplacemeRt Nitterle.s.
• Other Cost Areas Not fritTuded '
irt the Ah3ve Cost Scmoots
Qty. Total
Pg. 3
SCHEDULE A
Vehicles & Spares
10 Vehicles
Estimated..
Unit Cos
5 9.1,14CV;.-
Total Pickup Spares
frotl Mod. Pickup Veh. & Spares
:.:Total for 10 veh. & Spares $123,298 -
21,253
$102.,045
County Share
DOE Share
Description
Electric Van
Van Spares - See Spares List on Schedule A-1 73
Pickup Truck
Pickup Spares
- 12 Volt Relay
- 350 Amp Fuses ti 15.35 -
- Logic Card F/Controller
- 20 HP Motor
- 12 V. Blower .
1/1,370 ,:,
10.70
76.75
391.00
1,581.00
19.55
Total 5 Vehicles
ak _51 go. ---71,650 •
alL j3V2O79
73 92q
Pg., 4
SCHEDULE A-1
Spares List .
5 Vehicles Electric Van
- Brake Shoe Assy R.H
1 - Brake Shoe Assy L.H
1 - Accelerometer table
1 - Speedometer Cable .
1 - Kingpin Kit
1 - Logic Card for Controller
1 - Leakage Block
1 - Driver
1 - B.D.1 Card
1 - Logic Card for Charger
1 - Clutch Disc
1 - Clutch Cover -
• 1 - ThrowoLtt Bearing
2 - 350 amp fuses @ 15.35
1 - control Box F/Heater
1 - 72 v. relay
1 - 20 H.P. Motor
Total Spares
7 -52
7.52
10.32
8.12
18.74
391.00
35.00
90.00
303.00
69.48
31.52
73.92
5.08
- 30.70
81.25
10.70
995.00
,168.87
rg.
SCHEDULE B
• Special Tools & Equipment
10 Vehicles
Qty. Est Unit Cost Description
5
ost Total
Hi-Voltage Analyzer
Off board chargers
SCHEDULE
Maintenance and Repair
10 Vehicles •
. 971 . 6,332
' Auto Mech. 1.1 5471 23,406
29,73a
Fourth Yr.
st
6,778 7,254
25,035 26,789
31„813 34,.043 _
Total
21,335
80,701
102,036
First Yr. Second Yr. Third Yr.
Labor
Central Garage
.Chf-Gar.Services
28.1% Overhead 8252 38,094 40 ,752 4 3,609 .130,707
Material
SCG(Batteries)2HGC-HC, 6 volt (18 per Mod 600, 24 per Mod 1000p)
210 ea. @ $58.64
Total Labor & Material: $143,021
County Share ' 130,707
DOE Share
• Cost
- Element
Sub -Totals 6,354
Y
L e-5
Proj. Mgr,
Proj. Coordinator
Sub -Totals
nergy Coord.
Clerk
3,484• 7,455
4,337
2,05/
• First Yr.
Cost
1 ,700
Second Yr. Third Yr. Fourth Yr.
Cost Cost 'Cost
3,639 3,894• 5,865
• Tote
Cost
15 ,098
1,784 - 3,816 4,064 6,152 15,836
4,640
2,200
4,964 13911
.2,354 - 6,611
6,84o 7,318 20,552
28 Overhead
51,486
14,468
- SCHEDULE
Data Col 1 ection - Direct Labor -
• 10 Vehicles '
V9.
3,484 13,849 14,818
979 3,892 4,164
-19,335
5,433
Grand Total 4,463 17,741 18,962 . 24,768 65,954
1-'9. 0
•
Second Yr.
Cost
Total First Yr.
Cost
Third Yr. Fourth
Cost Cost
2,108 2,256 2,414 --7,971 7
Materials
Prep. t PrinftWi
. PR Material
3,700 ' 3 ,890 .4,09 2 13,210
County Share )0,210
SCHEDULE E
Public Awareness
10 Vehicles
6,40o,
9
P9- 9
SCHEDULE F
Other Direct Costs.
10 Vehicles
Amount
• Travel - .(See Schedule F(1)
. -
• Reproduction (Xerox) ,
The estimated cost of preparing and publishi
- the Reports required in Form DOE 537
7 5'2-
Labor 3,946
aterial - 200
3,76
Garage Rearrangement
Cool4rhi
4/6414. e
Estimates to bring additional electric power
for vehicle recharge and exhaust faninterlock
in the Central Garage 7,490
D. Procure and install 10 each VDO Argo Tachograph,
(—'3 00
-
one for each vehicle e $300 . 0
$ 30 )636
,,2 kj,-.0- County Share 3,746
DOE Share $ 26,890
Las Vegas, Nev.
4 trips/2 wen -
• Vehicle
Source
2 trips/1 man
MISC.'
Seminars
Conferences
2 tripsil man
D.O.E.
Wash, D.C.
2 trips/2 men
- Estimated Cost
0 Vehicles
chedule F(t)
,
TranSportatien Cast
•
Plane Fare (R.T.)*,
Local*I';
160 45 0
35 35 35 35
Destination:
Frequency:
Totals ,
485
Freq, Factor:
Subsistence:
Frequence Factor:
Total Subsistence:
Total Transportation
and Subsistence
195 275
2
235
2:.
* 780 3880 550 . !170 ' 5680 Total Transportation
720
6400
DEPARTMENT OF HEALTH. EDUCATION. AND WELFARE
REGION V
300 SOUTH WACKER DRIVE, ROOM 3533
CHICAGO. tl..LINOIS .501306 AUDIT AGENCY
APR 29 1980
SUBJECT: Letter Report on Evaluation of Bid Proposal
No. DE-PA08-79NV10037
County of Oakland
Pontiac, Michigan
Audit Control No. 05-07370
TO: Mr. Ralph W. Gray, Director, Office of Audit
U. S. Department of Energy •
Nevada Operations Office
P.O. Box 14100
Las Vegas, Nevada 89114
:.The purpose of this letter report is to apprise you of the RE-
_ SULTS OF OUR EVALUATION of costs proposed by the COUNTY OF OAK-
' LAND, Pontiac, Michigan under.. the subject Bid Proposal. The
. evaluation was requested in your letter dated February 26, 1980.
INTRODUCTION
BACKGROUND
The County's proposal requests funds for the demonstration of
electric and hybrid vehicles over a four-year period. Total
revised project costs were estimated to be $330,205, of which
$231,870 (approximately 61 per cent) represents the County
share and $148,335 (approximately 39 per cent) was requested
from the Department of Energy. We were requested to evaluate
the reasonableness of the total project costs of $380,205.
,
This report confirms the oral information furnished to Ms.
Carol King, Contractor Accounting and Contract Finance Branch,
on March 28, 1980.
SCOPE OF EVALUATION
Our evaluation was made in accordance with the standards for
Governmental auditing. The objective of the audit was to de-
termine the reasonableness of revised costs in the proposed
amount of $380,205. Our evaluation included such tests of the
accounting records and bid estimating procedures as were con-
sidered necessary in the circumstances.
The auditor's recommendations do not include the possible ef-
fects of a technical evaluation of the quantitative and qual-
itative aspects of the County's proposal.
RESULTS OF EVALUATION
Proposed costs of $330,205 include overstated costs of $2,188
(net amount) and unsupported costs of $19,421. We are recom-
mending that the awarding agency determine the reasonableness
of the unsupported costs. In addition, we recommend that a
special indirect cost rate be developed for the project. Details
are presented in the following paragraphs and are summarized in
the Exhibit.
The results of our evaluation were discussed with County offi-
cials who generally concurred in our determinations.
- BASIS OF PREPARATION OF THE PROPOSAL
Salaries and Wages - $119,315. The amount proposed for salaries
and wages represents, in general, the application of current sal-
ary, and wage rates, adjusted for longevity and anticipated annual
pay increases applicable to the estimated manhours of effort un-
der the project. The rates were verified to the approved salary
and wage schedule and the anticipated annual pay increases were
considered reasonable based on historical experience.
During our review, we noted several errors. The County did not
give due recognition to longevity pay increases of 2 and 8 per
cent in calculating the estimated salary costs of the Project
Manager and the Chief of Garage Services, respectively. In addi-
tion, the County estimated the salary cost of automotive mechanics
at the one-year seniority pay-step although the individuals to be
employed are currently paid at the three-year seniority pay step.
These errors, in total, resulted in understated costs of $5,539.
Fringe Benefits - $42,178. The amount proposed for fringe bene-
fits tTrTiant, the employer's share of FICA taxes,
hospitalization and various other types of insurance. The fringe
benefit rate used in developing the amount proposed of $42,178
is considered reasonable since it is based on historical rates.
The proposed cots, however, are understated by $1,959. This
amount represents the fringe benefits applicable to the under-
stated salaries described in the preceding paragraph.
Indirect Costs - $45,378. Indirect costs proposed represent
the application of a 28.1 per cent rate to the proposed direct
salaries, wages and related fringe benefits of $161,493. The .
amount proposed was overstated by $9,686 because (i) the County
, used a 28.1 per cent rate instead of the 28 per cent rate
specified in the Negotiation Agreement; (ii) fringe benefits
are not included in the authorized base for computing indirect
.costs; (iii) salaries, in the amount of $2,616, were inadvert-e
ently excluded from the computation; and (iv) as stated previous-,
• ly, salaries of $5,539 were understated in the County's proposal.
• Details of our calculations have been furnished to County offi-
cials and are summarized in the Exhibit.
Our review also disclosed a partial duplication of charges to
the project for garage costs. The proposal shows that certain
garage-type costs (i.e., vehicle purchases, garage alterations,
and mechanics' salaries) will be charged directly to the pro-
ject. Similar costs, applicable to other projects will be
treated differently. A recharge center concept is used by the
County. Vehicle users are charged at specified rates during
the year. The difference between garage costs and charges
(historically, costs exceed charges) is included in the County's
indirect cost pool and, accordingly, becomes a component of the
indirect cost rate. For example, 4 per cent of the 28.1 per
cent rate used by the County in its proposal is attributable to
unrecovered garage costs. In order to give due recognition to
the types of costs to be directly charged to this project, we
recomaend that a special indirect cost rate be negotiated for
use on this project. The proposed rate should exclude unrecov-
ered garage costs.
Vehicles - $119,050. The amount represents the expected costs
to be incurred for the purchase of five electric vans and five
electric pickup trucks. Vehicle costs of $104,605 were sup-
ported by vendor quotations and are considered reasonable.
The remaining $14,445 was not supported by auditable documen-
tation and is set aside for awarding agency determination of
reasonableness.
Spare Parts - $4,248. The amount consists of $2,169 of esti-
mated spare parts for the five electric vans and $2,079 of es-
timated spare parts for the five electric pickup trucks. The
proposed costs were supported by vendor quotations and are con-
sidered reasonable.
Special Equipment - $4,086. The amount represents the estimat-
ed costs of a hi-voltage analyzer and five off-board chargers.
The proposed costs were supported by vendor quotations and are
considered reasonable.
Travel - $6,400. Travel and subsistence costs were based on
current air fares, subsistence and experienced transportation
costs. We determined the travel costs to be reasonable and
consistent with the County's established travel policies.
Other Direct Costs - $39,550. Other direct costs consist of
batteries 1$12,314), preparation and printing ($3,000), repro-
duction ($3,746), garage rearrangement ($17,490), and tacho-
graphs ($3,000). Of this amount, we are setting aside $4,976
for awarding agency determination of reasonableness. Except
for preparation and printing ($3,000) and a portion of the
garage rearrangement costs ($1,976), the proposed costs were
supported by vendor catalogs, vendor quotations, or experienced
costs incurred under contracts providing for similar research.
The proposed amount for preparation and printing was based on
an estimate while the portion of rearrangement costs set aside
consisted primarily ora 10 per cent inflation factor.
OTHER MATTERS
The County's accounting system is generally acceptable for the
accumulation and identification of direct and indirect costs
under Government agreements; however, improvements are needed
in accounting for time spent by employees working part-time on
the Federal project. We were told that the County intends to
-
develop a system to identify and record the number of hours each
employee devotes to the project. Such a system, if properly im-
plemented, would be in compliance with the payroll procedures
specified in Paragraph 1-15.711-10 of the Federal Procurement -
Regulations.
...-
In addition, as described on page 3 of this report, we believe
that the nature of direct costs proposed for this project re-
quires the negotiation of a special indirect cost rate appropri-
ate for project-related activities.
At your request, the auditor will be available for advisory coun-
sel and/or additional audit services with respect to the proposal
prior to, or at, the negotiation meeting to be held with County
representatives.
OrIgtnal sIgned
Asher Termer' .
Asher Tenner
Regional Audit Director
HEW Audit Agency
Considered
Reasonable
$124,854
-44,137
35,692 -
-104,605
4,248
4,086
. 6,400
. 34,574
$358,596
Notes
$ (a)
(b)
(c)
14,445 (d)
For
Awarding
Agency '
Determination
NOTES:
• EXHIBIT
Page 1 of 2
STATEMENT OF PROPOSED COSTS UNDER
BID PROPOSAL NO. DE-PA08-79NV10037
AND THE AUDITOR'S RELATED RECOMMENDATIONS
COUNTY OF OAKLAND
FONTIAC,.MICHIGAN
HEW Auditor's Recommendations
Amount
Revised
Amount
Element of Expense Proposed
Salaries and wages $119,315
Fringe benefits 42,178
Indirect costs 45,378
Vehicles 119,050
Spare parts 4,248
• Special equipment 4,086
Travel 6,400
Other direct costs 39,550
• Total costs $380,205
Over/
(Under)
Stated
($5,539)
( 1,959)
9,686
$2,188
4,976 . (e).'
$19,421
The auditor's recommendations do not include the possible effects of a
technical evaluation of the quantitative and qualitative aspects of the
County's proposal.
(a)
the project. Reference is made to the report narrative for details.
(b) Represents fringe benefits applicable to note (a).
(c) The amount consists of the following:
Represents an increase in the expected salary and wage expenses under
( 733)
$ 9,686
Represents costs not supported by adequate auditable docu-
mentation.
(e)
Audit Contro No, 05-07370 EXHIBIT
Page 2 of 2
NOTES: (Cont'd)
Amount overstated as a result of
using a rate in excess of the ne-
gotiated rate (.1 per cent of
$161,493)
Amount overstated as a result of
applying the negotiated rate to
proposed fringe benefits (28 per
cent of $42,178)
161
11,809
Adjustment as a result of apply-
ing the negotiated rate to under-.
stated salaries and wages describ-
ed in note (a) (28 per cent of
$5,539)
Adjustment as a result of apply-
ing the negotiated rate to other
salaries and wages not included
by the County in its proposal
(28 per cent of $2,616)
Net adjustment
(d) Represents an anticipated price increase not supported by
auditable documentation.
; Atr.--,tntha. -- .., :: --, -m- krz-•
U. S. DEPARTMENT OF ENE.RGY :.
DE—FM —S0X10108
COOPERATIVE AGREEMENT 2. Agretmeal Ptt.nc,tt
• PURSUANT TO AU TI-rOPITY OF Pi 93-A10. Pt. sa-43a.
Pl. 91473. P. S3-577. and PI 95-91 --
Flo.nt 3. April 1, 1980 To: March 31, 19 ,14
Farticroant Name and Address
Oakland County
1200 North Telegraph Road 4. Part]crgant Tyce
Pontiac, MI 48053 a Educancoar • E3 kor.:
State. cr toca( ,:oritacttl 13 P-71 1
Prc;ect Tale 6. Ptoiect W,U at C,-cad Pec
DOE Electric and Hybrid Vehicle • seektgft T, Nature of Demcnstration Demonstration Project P -ro4:e-1.-
7. Tecnnrcai Reaorts Art Peered
IX, Reporting Rec,.0 =ants'
a . clpl Investigator(s1 or Ptogram Diroctor(s# lama and Adouesa 9.PTC,wain Coef ON ame ano Ago,reasi
E. Andrew Dudash C . O Smits
1200 North Telegraph Road :U.S. Department of Energy .
• Pontiac, MI . :48053 . Nevada Operations Office
P.O. Box 14100, Las Vegas, NV 89114-
. Telecnone No. - (702) 734-33E
I& Accouramg and Aoproprtation Data 11. Method a; Payment
FE-03-01, 89X0215. NV-05 -91
12, Subma Vouchers. a any, to Agreernema Otlioar thlieSS I; . s nc,payt — % At Award_ 5 When rt-tc4..t.red. ..z '..h>ar Att-.-At crl F--oz, tt,dcm:
Othemse Soec4ied in ;Ns EPocx meat of Energy, IN.evada . •D Lotter a/ Credit . 0 P&m.aurattttPefta .
Operations Office, Finance Division, otr,ts fv:t-vtyl S ea Artiet IV. Pc.'
la• R 14 ill, ,:= 1\ a ,
13. Fundthg Sources 14. Nemacts7 ; t
SOurte ' Amount .
DOE
148,335 -DOE Project Manager
C. J. Smits - -i
Putiwant.• 1 224-,080 U.S. Department of Energy 1
?
- Nevada Operations Off.ice !
Total Funding. • 5 37,2,415 P.O. Box 14100 ,
Is Amount Ongated y 7 his kclion- S Las Vegas, NV .89114
148,335
16. teE Issuing What (Name and Addwst -
If • S . Department of Energy
Nevada Operations Office
P.O. Box 14100
Las Vegas, NV 89114
v. 18.. part,cicallt Aocexmy.•
(Signaturti (Oate) Sag nature gt ACnZd 3ff,C4i Daryl B. Morse Name ityraed1
Tale Contracting Officer Name ityce<1
(702) 734-3206 Tt:eanooe No T:te ____
4
COOPERATIVE AGREEMENT NUMBER DE-FC03-80NV1010S
SCHEDULE
This Agreement effective April 1, 1980, by and between the U.S. Department
of Energy (hereinafter called "DOE") and Oakland County (hereinafter
called "Participant").
WHEREAS, DOE, pursuant to its authority to enter into Cooperative Agree-
ments with non-Federal entities under Sections 103(5) and 107(a) of P.L.
93-438, has determined DOE should participate and assist in the project
by the Participant and that a Cooperative Agreement for such assistance
— is appropriate, and
WHEREAS, the Participant has responded to Program Announcement DE-PA08-
79NV10037 with a proposed project to participate in the state and local
• government Electric and Hybrid Vehicle Demonstration Project.
ARTICLE T. DESCRIPTION OF-RESPONSIBILITIES
DOE and the Participant agree to undertake on a cooperative basis,.
in accordance with the terms and conditions specified herein, a
demonstration project of electric (or hybrid) vehicles.
The Participant agrees to provide the necessary personnel, facili-
ties, materials, equipment, and services, and otherwise do all
things necessary for or incident to performing the project as set
forth in Appendix A, Statement of Work, which is incorporated
herein and made a part hereof.
C. The Participant agrees to permit DOE personnel or its representatives
to monitor the performance of the Demonstration Project for a
period of up to four (4) years from effective date of this Agreement.
. -
The Participant agrees to permit DOE and DOE-designated personnel
necessary access to the Participant's facilities, personnel, and
records pertaining to the project. This access may include on-site
review and inspection functions and participation in project confer-
ences and meetings to the extent necessary to assure the Government
Project Manager that the Project Objectives and schedules will be
achieved. During on-site inspection and review, the Participant '
shall provide adequate working space for DOE and the DOE-designated
personnel to perform their functions.
DOE shall be responsible for providing assistance and participation
in those tasks and decisions as set forth in Appendix A, Statement
of Work.
Agreement No. DE-FC08-80W10103
ARTICLE II, TERM OF AGREEMENT
The Participant shall perform the work called for under Article I,
beginning with the effective date of this Agreement and shall continue
for four (4) years.
ARTICLE III. ESTIMATE OF COST • AND OBLIGATION OF FUNDS
A. The total estimated cost of the work to be performed under this
Agreement is $372,415. The respective financial responsibilities
. of the parties are estimated to be as follows:
Participant's Share $224,080
DOE's Share $148,335
Total . $372,415
DOE hereby obligates $148,335 for the work provided for under this
Agreement. This amount of $148,335 is the maximum amount which
will be contributed by DOE.
No fee shall be paid the Participant under this Agreement.
C. The Participant shall maintain current cost information which is in
accordance with Clause 3.1, Appendix B, and which is adequate to
• reflect the cost of performing the work under this Agreement.
Project costs will be considered allowable if they would be allowable
under Clause 3,1, Appendix B.
ARTICLE IV. PAYMENTS
A. If a down payment is required by the vehicle manufacturer when the
Participant places a purchase order, the Participant may submit a
request for payment for the amount of the down payment if supported
by one of the following: the manufacturer's quotation containing
the down payment requirement, the vehicle manufacturer's invoice,
. or other proof of the required payment. All other costs shall be
. . billed in accordance with Article 3.1, "Allowable Cost and Payment."
Final payment will not be made until the Final Report is received
and accepted by DOE. In no event will the final $5,000 of the •
amount of obligated funds be paid to the Participant until DOE has
received the Final Report.
C. Total payments under this Agreement shall be on the cost-sharing
ratio of 40% for DOE and 60% for the Participant for actual allowable
costs incurred.
Agreement No. DE-FC08-80W10108
• .ARTICLE V. PROJECT MANAGEMENT
General--The Participant and DOE-will each have an assigned Project
Manager for the term of the Agreement between whom it is intended all. •
project matters be coordinated. Additionally, DOE will have assigned a
Contracting Officer and the Participant will have assigned an individual
to coordinate matters of a contractual nature and to generally assist
. the Project Managers in effecting complete timely communication and
. management actions.
ARTICLE VI. TERMINATION
Termination for Convenience--DOE or the Participant may terminate this -
Agreement, in whole or in part, when both parties agree that the continua-
tion of the project would not produce beneficial results commensurate -
with the further expenditure of funds. The two parties shall agree upon
.the termination conditions, 'including the effective date and, in the •
-case of partial terminations, the portion to be terminated.. The Partici-
pant shall not incur new obligations for the terminated portion after .
the effective date and shall cancel as many outstanding obligations as
possible. DOE shall allow full credit to the recipient for the DOE
share of the noncancellable obligations properly incurred by the recipient
prior to termination. •
ARTICLE VII. PROPERTY TITLE
All Participant-acquired property procured in support of Appendix A,
Statement of Work, shall be the property of the Participant.
-
ARTICLE VIII. INDEMNIFICATION
The Participant is responsible for the Demonstration Project. DOE,
.therefore, will not be liable for payment of damages for injuries to any
person or loss of life or personal property or loss suffered or sustained
and arising from this Agreement. The Participant agrees to indemnify
and save DOE harmless from any and all claims, demands, damages, actions,
costs, or charges against DOE arising as the result of the above-mentioned
injuries, damages, or losses.
ARTICLE IX. REPORTING REQUIREMENTS
The Participant shall submit timely reports in accordance with the
instructions of Appendix C of this Agreement. Initial submittal of
required reports will be within 30 days after Agreement execution.
-
Agreement No. DE-FC08-SONV10108
ARTICLE N. •ADDITIONAL VEHICLES
The Participant may request an allocation of additional vehicles in
succeeding years. Subject to the approval of the Contracting Officer
and contingent upon a mutually agreed DOE cost s additional vehicles
could be made available and would preclude the need for the Participant
to prepare new technical and cost proposals. Generally, DOE would not
act on requests for additional vehicles unail such time as a participant
had displayed a successful demonstration of the vehicles initially .
• allocated. • . . .
ARTICLE XI. - ORDER. OF PRECEDENCE
- • . --J- . . . _
---..- In the event of any inconsistency between the provisions of this Agreement, :-
. -,.. • the inconsistency shall be resolved by giving precedence in the following a
order: (a) the Schedule; (b) Statement of Work; and (c). the General .
. a . ..
• • - Provisions. . . _ . .
- ARTICLE XII. ALTERATIONS AND ADDITIONS
None.
ARTICLE XIII. CONTENTS OF AGREEMENT
This Agreement consists of the following Articles and Appendices, all of
which are hereby incorporated in and made a part of this Agreement:
• The Schedule of the Agreement
ARTICLE I.
ARTICLE
ARTICLE III.
ARTICLE IV.
ARTICLE V.
ARTICLE VI.
ARTICLE VII.
ARTICLE VIII.
ARTICLE IX.
ARTICLE X.
ARTICLE XI.
ARTICLE XII.
ARTICLE XIII.
Appendices
Appendix A
Appendix B
Appendix C
Description of Responsibilities
Term of Agreement
Estimate of Cost and Obligation of Funds
Payments
Project Management
TeLmination
Property Title
Indemnification
Reporting Requirements
Additional Vehicles
Order of Precedence -
Alterations and Additions
Contents of Agreement
Statement of Work
General Provisions
Reporting Requirements
,
r.
APPENDIX A
.„"
STATEMENT OF WORK
E&HV FLEET DEMONSTRATION OPERATORS
The Participant shall provide the personnel, facilities, materials,
equipment, and services to manage and perform work described in this
Statement of Work.
1. Work Scope Overview
The Participant shall select, procure, and accept delivery of 10
electric (or hybrid) vehicles suitable to support the Participant's
operations. The vehicles shall be operated by the Participant for
the period of the Cooperative Agreement with DOE.
The paragraphs that follow describe the services required of the .
'Participant.
2. Demonstration Operations Plan -
Within 30 days after execution of the Cooperative Agreement, the
Participant shall complete and submit for review and approval by
DOE a plan for the demonstration operations that will cover the
entire period of the Cooperative Agreement.
The plan shall include the following elements:
Overview of the Participant's demonstration project.
Fleet use plan, which will describe the vehicle operation,
routes, users, topography, payload or passengers,-weather,
road and traffic conditions, and expected vehicle mileage.:
Management plan, which will include the approach to control
the Participant's demonstration project, the project organiza-
tion, key personnel and responsibilities, and a schedule of
major activities and events.
Vehicle procurement plan, which will include vehicle number,
types and characteristics required, the procurement methods
that will be used, method of payment, schedule of vehicle
orders and deliveries, and arrangement for spare and repair
e parts requirements.
Site plan, which will include a description of the demonstration
location, space and building allocation for operations, storage,
maintenance and repair, reenergizing of vehicles, and for
spare parts and battery storage.
A-1
Training plan, which will include motivation and training of
drivers, mechanics, and other service personnel assigned to
support the vehicles.
Data collection and reporting system, which describes the
procedures for data collection at the Participant's facility
and reporting to DOE.
-
Public awareness program, which will describe the activities
planned and provide a schedule of key local public awareness
events.
Vehicle Procurements
The Participant shall procure and own the electric or hybrid vehicles
that will he used under the Participant's Cooperative Agreement.
The Participant agrees to purchase vehicles on a competitive price
basis taking into account performance, delivery, and other factors '
to the maximum extent practicable. In the selection of vehicles,
the Participant shall specify characteristics of the vehicles
required for the planned use of the vehicles, consider all vehicles
that the Participant has determined will meet the requirements, and
prepare a rationale for the specific selection of the vehicles.
The Participant shall submit to DOE a written vehicle selection
report 30 days before any vehicles are ordered.
• The Participant shall order all vehicles within 120 days of execution
of the Cooperative Agreement. All vehicles shall be delivered
within 12 months of execution of the Cooperative Agreement. The
procurement document shall include at least the following:
A requirement that the manufacturer shall, as -a condition of
acceptance and payment, attach to each vehicle delivered:a
certification that the vehicle is in compliance with the'
Department of Energy's Minimum Performance Standards. for
electric and hybrid vehicles used in the program and that are
in effect as of the date of the vehicle order, and that the
vehicle is in compliance with Department of Transportation
safety requirements.
• Acceptance of vehicles will be by the Participant. The procure-
ment document for the vehicles shall notify the manufacturers
of the Participant's acceptance test requirements.
Warranty provisions.
Spares, parts, parts lists, and service provisions, including
training.
• Delivery of operating, service, and maintenance manual's.
• Purchase price.
• Delivery and payment schedule.
Logistics Support
The Participant shall provide all of the personnel, materials,
facilities, equipment, and services required to assure vehicles are
available for operations. This shall include work bays, equipment f
such as lifts, and adequate standard and special tools. The Partici-
pant shall provide space and manpower for the storage, security,
and control management of spare and repair parts.
The Participant shall procure or provide driver, mechanic, arid
service personnel training and motivation. The Participant shall
provide or procure adequate manuals for the operation, service,
maintenance, and repair of vehicles. ,
5. Vehicle Operations
• The Participant shall be responsible for operation of the vehicles
in accordance with the tasks, routes, and schedules In the Demonstra-
tion Operations Plan.
The Participant shall procure all necessary insurance to operate -
the vehicles in the fleet. The Participant shall procure necessary
licenses and registration for vehicle operation. The Participant
shall require that the manufacturer of the vehiClecomplies with
all Federal, state, and local vehicle regulations 'before the vehicle
is put into operational. service.
If major changes in operations are required as a result of experi-
ence, or as a result of unplanned difficulties, prompt review shall
be arranged with DOE to assess problems, corrective actions, and
recommended alternative vehicle operations.
6. Data Collection
The Participant shall implement the data system prescribed by the
Department of Energy. The data shall be collected and reported
uniformly in accordance with the format provided by DOE. The
categories of the data include program data, vehicle performance,
vehicle availability, energy consumption and battery life, safety,
preventative maintenance, corrective maintenance, vehicle configura-
tion control, life cycle costs, user assessments, and miscellaneous
items.
The Participant shall assure the timely and accurate collection of
data and assure the quality of data.
7. Public Awareness Program
The Participant shall conduct a local public awareness program for ,
dissemination of information to media and to the public on the
background and operational status of the demonstration project.
DOE will provide the Participant With available materials to support
the public awareness program and policy guidance on the dissemination
of data. The Participant will inform DOE prior to the conduct of
press conferences and release of press announcements.
. Deliverables
The Participant shall submit to DOE the data required by_Item
• above, monthly.
The Participant shall submit monthly letter reports to DOE summariz-
ing the significant activities and planned events in the next
reporting period, significant logistic, institutional, and other
problems, as well as the approaches the Participant will use to
overcome any problems.
The Participant shall submit an annual report summarizing the
accomplishments of the demonstration. •
• A draft final report shall be submitted by the Participant for
• review by DOE, and then a reproducible and 25 copies of the final
report which shall include at least the following information
Scope of the project.
Overall evaluation and perspective of the project. .
Summary of major advantages and opportunities for electric or
hybrid vehicles.
. .
Summary of major difficulties and whether they were resolved.
Summary of data and results of the Participant demonstration
project.
Participant's recommendations and assessments of the electric
or hybrid vehicles used, their applications, and further
improvements that may be needed.
•
•
9. DOE On-Site Reviews
On-site reviews and operations inspections will be conducted by DOE
representatives to assess demonstration performance, for the discus-
sion of problems, and for the exchange of lessons learned and
development of constructive ideas for the improvement of the demon-
stration project. Reasonable notice of visits will be provided.
During the visits, the Participant shall allow access to all
demonstration facilities, data, and operations. DOE representatives
will observe the safety and security procedures established by the
Participant.
10. Security
When in possession of the demonstration vehicles, the Participant
: shall provide and exercise reasonable security measures to assure
-vehicles, tools, and other tangible property related to the demonstra-
tion project, are not damaged, destroyed, stolen, or otherwise
harmed as a result-of acts by the Participant's employees or by
persons not within the control of the Participant. Damages to the
vehicles and other demonstration-related property shall be the
responsibility of the Participant, and shall be repaired or replaced
by the Participant at its cost.
11. Vehicle Accident
• All vehicle accidents shall be promptly reported. The reporting of
accidents to local and state authorities shall be the responsibility
of the vehicle operator and the Participant. Accident reports
shall he made to DOE initially by telephone and followed by a
written accident report.
f .
'
A-5
APPENDIX B
GENERAL PROVISIONS
1.0 GENERAL
1.1 DISPUTES
a. Except as otherwise provided in this Agreement, any dispute - , concerning a question of fact arising under this Agreement
which is not disposed of by agreement shall he decided by the
Contracting Officer, who shall reduce his decision to writing
and mail or otherwise furnish a copy thereof to the Participant.
The decision of the Contracting Officer shall be final and
conclusive unless within 30 days from the date of receipt of
such copy, the Participant mails or otherwise furnishes to the
Contracting Officer a written appeal addressed to the Secretary
of the Department of Energy. The decision of the Secretary -or
his designee for the determination of such appeals shall be
final and conclusive unless determined by a court of competent
jurisdiction to hive been fraudulent, or capricious, or arbit-
rary, or so grossly erroneous as necessarily to imply bad
faith, or not supported by substantial evidence. In connection
.with any appeal proceeding under this clause, the Participant
shall be afforded an opportunity to be heard and to offer
• evidence in support of its appeal. Pending final decision of
a dispute hereunder, the Participant shall proceed diligently
with the performance of the Agreement and in accordance with
• the Contracting Officer's decision.
b. This "Disputes" clause does not preclude consideration of law
questions in connection with decisions provided for in paragraph
a. above, PROVIDED, that nothing in this Agreement shall be
construed as making final the decision of any administrative
official, representative, or board on a question of law.
2.0 ADJUSTMENTS
2.1 AUDIT
The Participant shall maintain, and the Contracting Officer or his
representative shall have the right to examine, books, records,
documents, and other evidence and accounting procedures and practices,
sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred and anticipated to be
incurred for the performance of this Agreement. Such right of
examination shall include inspection at all reasonable times of the
Participant's plants, or such parts thereof, as may be engaged in
the performance of this Agreement.
The materials described above shall be made available at the
office of the Participant, at all reasonable times, for inspection,
audit, or reproduction, until the expiration of 3 years from the
date of final payment under this Agreement or such lesser time
specified in Part 1-20 of the Federal Procurement Regulations (41
CFR Part 1-20) and for such lesser period, if any, as is required
by applicable statute, or by other clauses of this Agreement by a.
- and b. below:
a. If this Agreement is completely or partially terminated, the
records relating to the work terminated shall be made available
for a period of 3 years from the date of any resulting final
settlement.
Records which relate to appeals under the "Disputes" clause of
this Agreement, or litigation or the settlement of claims
arising out of the perfoinlance of this Agreement, shall be a -
. made available until such appeals, litigation, or claims have
been disposed of.
2.2 EXAMINATION OF RECORDS BY COMPTROLLER, GENERAL
The Participant agrees that the Comptroller General of the •
United States or any of his duly authorized representatives
shall, until the expiration of 3 years after final payment .
under this Agreement, unless DOE authorizes their prior .
disposition, have access to and the right to examine any
directly pertinent books, documents, papers, and records of
the Participant involving transactions related to this Agreement.
• The Participant further agrees to include in all its subcon-
e tracts hereunder a provision to the effect that the subcontrac-
tor agrees that the Comptroller General of the United States
or any of his duly authorized representatives shall 4 Until the
expiration of 3 years after final payment under the subcontract
or such lesser time specified in the Federal Procurement
Regulations Part 1-20, as appropriate, have access to and the
.a right to examine any directly pertinent books, documents,
a papers, and records of such subcontractor, involving transac-
, tions related to the subcontract. The term "subcontract" as
used in this clause excludes (1) purchase orders not exceeding
$10,000 and (2) subcontracts or purchase orders for public -
, utility services at rates established or uniform applicability
• to the general public.
c. The periods of access and examination described in a. and b.
above, for records which relate to (1) appeals under the
"Disputes" clause of this Agreement, (2) litigation or the
settlement of claims arising out of the performance of this
Agreement, or (3) costs and expenses of this Agreement as to
B-2
which exception has been taken by the Comptroller General or
any of his duly authorized representatives, or DOE, shall__
continue until such appeals, litigation, claims, or exceptions
have been disposed of.
3.0 PAYMENT
3.1 ALLOWABLE COST AND PAYMENT
--
a. For the performance of this Agreement; the Government shall
pay to the Participant:
The cost thereof (hereinafter referred to as "allowable
cost") determined by the Contracting Officer to be allowable
in accordance with:
w .
(1) Subpart 1-15.7 of the Federal Procurement Regulations
(41 CFR 1-15.7), as in effect on the date of this Agreement;
and
(2) The terms of this Agreement.
Payments shall be made to the Participant when requested as
work progresses, but not more frequently than monthly, in
amounts approved by the Contracting Officer. The Participant
may submit to an authorized representative of the Contracting
Officer, in such form and reasonable detail as such representa-
tive may require, an invoice or public voucher supported by a
statement of cost for the performance of this Agreement and
claimed to constitute allowable cost. For this purpose,
except as provided herein with respect to pension contributions,
the term "costs" shall include only those recorded costs which
result, at the time of the request for reimbursement, from
payment by cash, check, or other form of actual payment for
items or services purchased directly for the Agreement, together
with (when the Participant is not delinquent in payment.of - -
costs of agreement performance in the ordinary course of
• business) costs incurred, but not necessarily paid, for mate-
• rials which have been issued from the Participant's stores
inventory and placed in the production process for use on the
Agreement, for direct labor, for direct travel, for other
direct in-house costs, and for properly allocable and allowable
indirect costs, as is shown by records maintained by the
Participant for purposes of obtaining reimbursement under
Government contracts plus the amount of progress payments
which have been paid to the Participant's subcontractors under
similar cost standards. In addition, when pension contributions
are paid by the Participant to the retirement fund less frequent-
ly than quarterly, accrued costs therefor shall be excluded
from indirect costs for payment purposes until such costs are
paid. If pension contributions are paid on a quarterly or
more frequent basis, accruals therefor may be included in
indirect costs for payment purposes provided that they are
paid to the fund within 30 days after the close of the period
covered. If payments are not made to the fund within such
30-day period, pension contribution costs shall be excluded
from indirect cost for payment purposes until payment has been
made. The restriction on payment more frequently than biweekly
and the requirement of prior payment for items or services
purchased directly for the Agreement shall not apply when the
Participant is a small business concern.
c. Promptly after receipt of each invoice or voucher and statement
of cost, the Government shall, except as otherwise provided in
this Agreement subject to the provisions of d. below, make
payment thereon as approved by the Cooperative Agreement ee
Officer.
After payment of an amount equal to 80 percent of (theZ'avern-
ment's share of) the total estimated cost of performance of
this Agreement set forth in the Schedule, the Contracting
• Officer may withhold further payment on account of allowable
cost until a reserve shall have been set aside in an amount
which he considers necessary to protect the interests of the
Government, but such reserve shall not exceed 1 percent of
• (the Government's share of) such total estimated cost or
$100,000, whichever is less.
d. At any time or times prior to final payment under this Agreement,
the Contracting Officer may have the invoices or vouchers and
statements of cost audited. Each payment theretofore made
shall be subject to reduction for amounts included in the
related invoice or voucher which are found by the Contracting
Officer, on the basis of such audit, not to constitute, allowable
cost. Any payment may be reduced for overpayments, or increased
for underpayments, on preceding invoices or vouchers.
On receipt and approval of the invoice or voucher designated .
by the Participant as the "completion invoice' or 'completion
voucher" and upon compliance by the Participant with all the
provisions of this Agreement (including, without limitation,
the provisions relating to patents and the provisions of f.
below), the,Government shall promptly pay to the Participant
any balance of allowable cost which has been withheld pursuant
to c. above, or otherwise not paid to the Participant. The
completion invoice or voucher shall be submitted by the Partici-
pant promptly following completion of the work under this
Agreement but in no event later than 1 year (or such longer
period as the Contracting Officer may in his discretion
approve in writing) from the date of such completion. .
f. The Participant agrees that any refunds, rebates, credits, or
other amounts (including any interest thereon) accruing to or
received by the Participant or any assignee under this AgFeement
shall be paid by the Participant to the Government, to the '
extent that they are properly allocable to costs for which the
Participant has been reimbursed by the Government under this
Agreement. Reasonable expenses incurred by the Participant
for the purpose of securing such refunds, rebates, credits, or
other amounts shall be allowable costs hereunder when approved
by the Contracting Officer. Prior to final payment under this
Agreement, the Participant and each assignee under this Agree-
ment whose assignment is in effect at the time of final payment
under this Agreement shall execute and deliver:
.(1) An assignment to the Government, in form and substance
satisfactory to the Contracting Officer, of refunds,
rebates, credits, or other amounts (including any interest
thereon) properly allocable to costs for which the Partici-
pant has been reimbursed by the Government under this
Agreement; and
(2) A release discharging the Government, its officers,
agents, and employees from all liabilities, obligations,
and claims arising out of or under this Agreement, subject
only to the following exceptions:
(a) Special claims in stated amounts or in estimated
amounts where the amounts are not susceptible of
exact statement by the Participant;
(b) Claims, together with reasonable expenses incidental
thereto, based upon liabilities of the Participant
to third parties arising out of the performance of
this Agreement: PROVIDED, HOWEVER, that such'claims
are not known to the Participant an the date of the
execution of the release; and provided further, that.
the Participant gives notice of such claims in
writing to the Contracting Officer not more than 6
years after the date of the release or the date of
any notice to the Participant that the Government is
. prepared to make final payment, whichever is earlier;
and
• (c) Claims for reimbursement of costs (other than expenses
of the Participant by reason of its indemnification
of the Government against patent liability), including
reasonable expenses incidental thereto, incurred by
the Participant under the provisions of this Agreement
relating to patents.
B-5
Any cost incurred by the Participant under the terms of this
Agreement which would constitute allowable cost under the
provisions of this clauSe shall be included in determining the
amount payable under this Agreement, notwithstanding any
provisions contained in the specifications or other documents
incorporated in this Agreement by reference, designating
services to be performed or materials to be furnished by the
Participant at its expense or without cost to the Government.
3.2 ASSIGNMENT OF CLAIMS
Pursuant to the provisions of the Assignment of Claims Act of 1940,
as amended (31 USC 203, 41 USC 15), claims for moneys due or to •
become due the Participant from the Government under this Agreement
may be assigned to a bank, trust company, or other financing institu-
tion, including any Federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any such
assignment or reassignment shall cover all amounts payable under
this Agreement and not already paid, and shall not be made to mote
than one party, except that any such assignment or reassignment may
be made to one party except that any such assignment or reassignment'
may be made to one party as agent or trustee for two or more parties
participating in such financing. Unless otherwise provided in this
Agreement, payments to asignee of any moneys due or to become due
under this Agreement shall not, to the extent provided in said Act,
as amended, be subject to reduction or setoff.
3.3 PAYMENT OF INTEREST ON AGREEMENT CLAIMS
a. If an appeal is filed by the Participant from a final decision
of the Contracting Officer under the "Disputes" clause of this
Agreement, denying a claim arising under the Agreement, simple
• interest on the amount of the claim finally determined owed by
the Government shall be payable to the Participant. Such .
interest shall be at the rate determined by the Secretary of
the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from
the date the Participant furnishes to the Awarding Officer its
written appeal under the *Disputes': clause of this Agreement,
to the date of (1) a final judgment by a court of competent
jurisdiction, or (2) mailing to the Participant of a supple-
mental agreement for execution either confirming completed
negotiations, between the parties or carrying out a decision of
a board of contract appeals.
Notwithstanding a. above, (1) interest shall be applied only
from the date payment was due, if such date is later than the
filing of appeal, and (2) interest shall not be paid for any
period of time that the Contracting Officer determines the
Participant has unduly, delayed in pursuing its remedies
before a board of contract appeals or a court of competent
jurisdiction.
g.
4.0 PATENTS--TECHNICAL DATA--COPYRIGHTS
4.1 AUTHORIZATION AND CONSENT
The Government hereby gives its authorization and consent (without
prejudice to any rights of indemnification) for all use and manufac-
ture of any invention described in and covered by a patent of the
United States in the performance of this Agreement or any part
hereof or any amendment hereto or any subcontract hereunder (includ-
ing all lower-tier subcontracts).
4.2 NOTICE AND ASSISTANCE REGARDING .PATENT AND COPYRIGHT
INFRINGEMENT
The provisions of this clause shall be applicable only if the
'amount of this Agreement exceeds $10,000.
a. The Participant shall report to the Contracting Officer, -
promptly and in reasonable written detail, each notice or
• claim of patent or copyright infringement based on the perfor-
mance of this Agreement of which the Participant has knowledge.
In the event of any claim or suit against the Government on
account of any alleged patent or copyright infringement arising
out of the performance of this Agreement or out of the use of
any supplies furnished or work or services performed hereunder,
the Participant shall furnish to the Government when requested
by the Contracting Officer, all evidence and information in
possession of the Participant pertaining to such suit or
claim. Such evidence and information shall be furnished at
the expense of the Government except where the Participant has
agreed to indemnify the Government.
• c. This clause shall be included in all subcontracts.
4.3 RIGHTS IN TECHNICAL DATA
a. Definitions
(1) "Technical Data" means recorded information, regardless
of form or characteristic, of a scientific or technical
nature. It may, for example, document research, experi-
mental, developmental, or demonstration, or engineering
work, or be usable or used to define a design or process,
or to procure, produce, support, maintain, or operate
material. The data may be graphic or pictorial delinea-
tions in media such as drawings or photographs, text in
specifications or related performance or design type
documents, or computer software (including computer
programs, computer software data bases, and computer
(1) The Government shall have:
(a) Unlimited rights in contract data except as otherwise
provided below with respect to proprietary data.
software documentation). Examples of technical data
include research and engineering data, engineering drawings
and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identi-
fication, and related information. Technical data as
used herein does not include financial reports, cost
analyses, and other information incidental to contract
administration.
(2) "Proprietary Data" means technical data which embody
trade secrets -developed at private expense, such as
design procedures or techniques, chemical composition of
materials, or manufacturing methods, processes, or treat-
ments, including minor modifications thereof, provided
that such data:
(a) Are not generally known or available from other
sources without obligation concerning their confiden-
tiality,
(b) Have not been made available by the owner to others
without obligation concerning its confidentiality,
and
(c) Are not already available to the Government without
obligation concerning its confidentiality.
(3) "Contract Data" means technical data first produced in
• the course of or under the Contract, technical data which
are specified to be delivered in the contract, technical
data that may be called for under the 'Additional Technical
Data Requirements" clause of the Contract, if any, or
technical data actually delivered in connection with the
Contract. • o .
(4) "Unlimited Rights" means rights to use, duplicate, or
disclose technical data, in whole or in part, in any
. manner and for any purpose whatsoever, and to permit
others to do so.
. Allocation of Rights
(e) The right to remove, cancel, correct, or ignore any
marking not authorized by the terms of this Contract
on any technical data furnished hereunder, if in
response to a written inquiry by DOE concerning the
propriety of the markings, the Contractor fails to
respond thereto within 60 days or fails to substantiate
the propriety of the markings. In either case, DOE
will notify the Contractor of the action taken.
(c) No rights under this Contract in any technical data
which is not contract data.
(2) The Contractor shall have:
(a) The right to withhold proprietary data in accordance
with the provisions of this clause; and
(b) The right to use for its private purposes, subject
to patent, security, or other provisions of this
Contract, contract data it first produces in the •
course of or under this Contract provided the data
requirements of this Contract have been met as of
the date of the private use of such data. The
Contractor agrees that to the extent it receives or
- is given access to proprietary data or other technical,
business, or financial data in the form of recorded
infoLmation from DOE or an DOE contractor or subcon-
tractor, the Contractor shall treat such data in
accordance with any restrictive legend contained
thereon, unless use is specifically authorized by
prior written approval of the Contracting Officer.
• (3) Nothing contained in the "Rights in Technical Data" .
clause shall imply a license to the Government under any
patent or be construed as affecting the scope of any
licenses or other rights otherwise granted to the Government
under any patent.
c. Copyrighted Material
(1) The Contractor shall not, without prior written authoriza-
tion of the Contracting Officer, establish a claim to
statutory copyright in any contract data first produced
in the course of or under the Contract. To the extent
such authorization is granted, the Government reserves
for itself and others acting on its behalf a royalty-free,
nonexclusive, irrevocable, worldwide license for govern-
' mental purposes to publish, distribute, translate, duplicate,
n exhibit, and perform any such data copyrighted by the
Contractor.
(2) The Contractor agrees not to include in the technical
data delivered under the Contract any material copyrighted
by the Contractor and not to knowingly include any material
copyrighted by others without first granting or obtaining
at no cost a license therein for the benefit of the
Government of the same scope as set forth in paragraph
c.(1) above. If such royalty-free license is unavailable
and the Contractor nevertheless determines that such
copyrighted material must be included in the technical
data to be delivered, rather than merely incorporated
therein by reference, the Contractor shall request the
written authorization of the Contracting Officer to
include such copyrighted material in the technical data
prior to its delivery.
Subcontracting
It is the responsibility of the Contractor to obtain from its
• subcontractors technical data and rights therein, on behalf of
the Government, necessary to fulfill the Contractor's obligations
• to the Government with respect to such data. In the event of
refusal by a subcontractor to accept a clause affording the
Government such rights, the Contractor shall:
• (1) Promptly submit written notice to the Contracting Officer
setting forth reasons for the subcontractor refusal and
other pertinent information which may expedite disposition
of the matter; and
(2) Not proceed with the subcontract without the written
authorization of the Contracting Officer.
e. Withholding of Proprietary Data
Notwithstanding the inclusion of the "Additional Technical,: .
Data Requirements" clause in this Contract or any provision of
this Contract specifying the delivery of technical data, the
Contractor may withhold proprietary data from delivery, provided
that the Contractor furnishes in lieu of any such proprietary
data so withheld technical data disclosing thesource, size,
configuration, mating and attachment characteristics, functional
characteristics and performance requirements ("Form. Fit, and
Function" data, e.g., specification control drawings, catalog
sheets, envelope drawings, etc.) or a general description of
such proprietary data where "Form, Fit, and Function" data are
not applicable. The Government will acquire no rights to any
proprietary data so withheld except that such data shall be
subject to the "inspection rights" provisions of paragraph f.,
and, if included, the "limited rights in proprietary data"
provisions of paragraph g. and the "Contractor licensing"
provisions of paragraph h.
g.
f. Inspection Rights
Except as may be otherwise specified in this Contract for
specific items of proprietary data which are not subject to
this paragraph, the Contracting Officer's representatives, at
all reasonable times up to three (3) years after final payment
-under this Contract, may inspect at the Contractor's facility
any proprietary data withheld under paragraph e. and not
furnished under paragraph g. for the purposes of verifying
that such data properly fell within the withholding provision
of paragraph e., or for evaluating work perfoLmance.
Limited Rights in Proprietary Data
Except as may be otherwise specified in this Contract as
technical data which are not subject to this paragraph, the
Contractor shall, upon written request from the Contracting _
Officer ai any time prior to three (3) years after final
payment under this Contract, promptly deliver to the Government
any "proprietary data" withheld pursuant to paragraph e. of
the "Rights in Technical Data" clause of this Contract. The
following legend and no other is authorized to be affixed on
any "proprietary data" delivered pursuant to this provision,
provided the "proprietary data" meets the conditions for
initial withholding under paragraph e. of the "Rights in
Technical Data" clause. The Government will thereafter treat
the "proprietary data" in accordance with such legend.
LIMITED RIGHTS LEGEND
This "proprietary data," furnished under Contract No,
with the United States Department of Energy (and purchase
order No. if applicable), may be duplicated and used
by the Government with the express /imitations that the."propri-
etary data" may not be disclosed outside the Government or be
used for purposes of manufacture without prior permission of -
the Contractor, except that further disclosure or use may be
made solely for the following purposes:
(I) This "proprietary data" may be disclosed for evaluation
purposes under the restriction that the proprietary data
be retained in confidence and not be further disclosed;
(2) This "proprietary data" may be disclosed to other Contract-
ors participating in the Government's program of which
this Contract is a part for information or use in connection
with the work performed under their contracts and under
the restriction that the "proprietary data" be retained
in confidence and not be further disclosed; or
(3) This "proprietary data" may be used by the Government or
others on its behalf for emergency repair or overhaul
work under the restriction that the "proprietary data" be
retained in confidence and not be further disclosed.
This legend shall be marked on any reproduction of this data
in whole or in part.
h. Contractor Licensing
Except as may be otherwise specified in this Contract as
technical data not subject to this paragraph, the Contractor
agrees that upon written application by DOE, it will grant to
the Government and responsible third parties, for purposes of
practicing a subject of this Contract, a nonexclusive license
in any contract data which are proprietary data on terms and
conditions reasonable under the circumstances including apPro-
priate provisions for confidentiality; provided, however, the
Contractor shall not be obligated to license any such data if
the Contractor demonstrates to the satisfaction of the head of
the agency or his designee that:
(1) Such data are not essential to the manufacture or practice
of hardware designed or fabricated, or processes developed,
under this Contract;
(2) Such data, in the form of results obtained by their use,
have a commercially competitive alternative available or
readily introducible from one or more other sources;
Such data, in the form of results obtained by .their use,
are being supplied by the Contractor or its licensees in
sufficient quantity and at reasonable prices to satisfy.'
market needs, or the Contractor or its licensees have
taken effective steps or within a reasonable time are .
expected to take effective steps to so supply such data
in the form of results obtained by its use; or
(4) Such data, in the form of results obtained by their use,
can be furnished by another firm skilled in the art of
manufacturing items or performing processes of the same
general type and character necessary to achieve the
contract results.
4.4 REPORTING OF ROYALTIES
If this Contract is in an amount which exceeds $10,000 and if any
royalty payments are directly involved in this Contract or are
reflected in the contract price to the Government, the Contractor
agrees to report in writing to the Patent Counsel (with notification
(3)
by Patent Counsel to the Contracting Officer) during the performance
of this Contract and prior to its completion or final settlement
the amount of any royalties or other payments paid or to be paid by
it directly to others in connection with the performance of this '
Contract, together with the names and addresses of licensors to
whom such payments are made and either the patent numbers involved
or such other information as will permit identification of the
patents or other basis on which the royalties are to be paid. The
approval of the DOE of any individual payments or royalties shall
not stop the Government at any time from contesting the enforce-
ability, validity, or scope of, or title to, any patent under which
a royalty or payments are made.
4.5 PATENT INDEMNITY
Except as may be otherwise approved by the Contracting Officer, the
Contractor shall insert the following patent indemnity clause in_
subcontracts Under this Contract:
If the amount of this Subcontract is in excess of $10,000, the
Subcontractor shall indemnify the Government and its officers,
agents, and employees against liability, including costs, for
infringement of any United States Letters Patent (except U.S.
Letters Patent issued upon an application which is now or may
hereafter be kept secret or otherwise withheld from issue by order
of the Government) arising out of the manufacture or delivery of
supplies or out of construction, alteration, modification, or
repair of real property (hereinafter referred to as "construction
work") under this Subcontract, or out of the use or disposal by or
for the account of the Government of such supplies or construction
work. The foregoing indemnity shall not apply unless the Subcontract-
or shall have been informed as soon as practicable by the Government
of the suit or action alleging such infringement, and shall have
been given such opportunity as is afforded by applicable laws,.
rules, or regulations to participate in the defense thereof; and
further, such indemnity shall not apply to: (a) an infringement -
resulting from compliance with specific written instructions of the
DOE Contracting Officer directing a change in the supplies to be
delivered or in the materials or equipment to be used, or directing
a manner of performance of the Subcontract not normally used by the
Subcontractor; (b) an infringement resulting from addition to, or ,
change in, such supplies or components furnished or construction
work performed which addition or change was made subsequent to
delivery or performance by the Subcontractor; or (c) a claimed
infringement which is settled without the consent of the Subcontractor,
unless required by final decree of a court of competent jurisdiction.
(2)
(3)
5.0 SOCIOECONOMIC --
5.1 CLEAN AIR AND WATER
a. The Participant agrees as follows:
(1) To comply with all the requirements of Section 114 of the
Clean Air Act, as amended (42 USC 1857, et seq., as
amended by P.L. 91-604) and Section 308 of the Federal
Water Pollution Control Act (33 USC 1251 et seq., as
amended by P.L. 92-500), respectively, relating to inspection,
monitoring, entry, reports, and information, as well as
other requirements specified in Section 114 and Section 308
of the Air Act and the Water Act, respectively, and all .
regulations and guidelines issued thereunder before the
award of this Agreement.
That no portion of the work required by this Agreement
will be performed in a facility on the Environmental -.
Protection Agency List of Violating Facilities on the
date when this Agreement was awarded unless and until the
EPA eliminates the name of such facility or facilities
from such listing.
To use its best efforts to comply with clean air standards
and clean water standards at the facility in which the
Agreement is being performed. •
.(4) To insert the substance of this clause into any nonexempt
subcontract, including this paragraph a.(4).
' . • The terms used in this provision have the following meanings:
•
(1) The term "Air Act" means the Clean Air Act, as amended
(42 USC 1857 et seq., as amended by P.L. 91-604).
(2) The term "Water Act" means Federal Water Pollution Control
Act, as amended (33 USC 1251 et seq., as amended by
.P.1... 92-500).
(3) The term "clean air standards" means any enforceable
rules, regulations, guidelines, standards, limitations,
orders, controls, prohibitions, or other requirements
which are contained in, issued under, or otherwise adopted
pursuant to the Air Act or Executive Order 11738, an
applicable implementation plan as described in Section
110(d) of the Clean Air Act (42 USC 1857c-5(d)), an
approved implementation procedure or plan under Sec-
tion 111(c) or Section 111(d), respectively, of the Air
Act (42 USC 1857(c)-6(c) and (d), or an approved implemen-
tation procedure under Section 112(d) of the Air Act (42
USC 1857c-7(d)).
(4) The term "clean water standards" means any enforceable
limitation, control, condition, prohibition, standard, or
other requirement which is promulgated pursuant to the-
Water Act or contained in a permit issued to a discharger.
by the Environmental Protection Agency or by a State
under an approved program, as authorized by Section 402
of the Water Act (33 USC 1342), or by local government to
ensure compliance with pretreatment regulations as required
by Section 307 of the Water Act (33 USC 1317).
(5) The term "compliance" means compliance with clean air or
water standards. Compliance shall also mean compliance
with a schedule or plan ordered or approved by a court of
competent jurisdiction, the Environmental Protection
Agency, or an air or water pollution control agency in
accordance with the requirements of the Air Act or Water
Act and regulations issued pursuant thereto.
(6) The term "facility" means any building, plant, installation,
structure, mine, vessel, or other floating craft, location,
or site of operations, owned, leased, or supervised by a
participant or subcontractor, to be utilized in the
performance of an agreement or subcontract. Where 'a
location or site of operations contains or includes more
than one building, plant, installation, or structure, the
entire location or site shall be deemed to be a facility
except where the Director, Office of Federal Activities,
Environmental Protection Agency, determines that indepen-
dent facilities are collocated in one geographical area.
5.2 COVENANT AGAINST CONTINGENT FEES
The Participant warrants that no person or selling 'agency has been
employed or retained to solicit or secure this Agreement uppn.an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Partici
pant for the purpose of securing business. For breach or violation
of this warranty, the Government shall have the right to annul this
Agreement without liability or in its discretion to deduct from the
agreement price or consideration, or otherwise recover, the full
amount of such commission, percentnge, brokerage, 6r contingent
fee.
5.3 OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner,
shall be admitted to any share or part of this Agreement, or to any
benefit that may arise therefrom; but this provision shall not be
construed to extend to this Agreement if made with a corporation
for its general benefit.
5.4 SEX DISCRIMINATION PROHIBITED
No person shall on the ground of sex be excluded from participation
in, be denied a license under, be denied the benefits of, or be
subjected under any program or activity carried on or receiving
Federal assistance under any title of this Act (P.L. 93-438),
5.5 SMALL AND MINORITY BUSINESS PARTICIPATION
It is the policy of DOE to ensure that small and minority businesses .
have a reasonable opportunity to participate in the projects which
it supports. In accordance with this policy -, the Participant will
. make a reasonable effort to ensure fair consideration and utilization
of small and minority businesses in purchases and subcontracts
awarded by the Participant under this Agreement, •
, 5.6 CIVIL RIGHTS
The Participant agrees that no person in the United States shall,
on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subject to .•
discrimination under any program or activity for which the Partici-
pant receives Federal financial assistance from DOE.
5.7 DISCRIMINATION AGAINST HANDICAPPED PROHIBITED
The Participant agrees that no otherwise qualified handicapped
individual in the United States (as defined in Section 7(6) of the
Act) shall, solely by reason of his handicap, be excluded from the
participation in, be denied the benefits of, or be subjected to
.discrimination under any program or activity receiving 'Federal
.financial assistance.
5.8 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
(Applicable only to nonexempt agreements of $10,000 or more.)
a. The Participant will not discriminate against any employee or
• applicant for employment because he or she is a disabled
veteran or veteran of the Vietnam era in regard to any position
for which the employee or applicant for employment is qualified
The Participant agrees to take affilmative action to employ,
' advance in employment, and otherwise treat qualified disabled
• veterans and veterans of the Vietnam era without discrimination
• based upon their disability or veterans status in all employment
practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
b. The Participant agrees that all suitable employment openings
of the Participant which exist at the time of the execution of
this Agreement and thee which occur during the performance of
- this Agreement, including those not generated by this Agreement
and including those occurring at an establishment of the
Participant other than the one wherein the Agreement is being
.performed but excluding those of independently operated corpo-
rate affiliates, shall be listed at an appropriate local
office of the State employment service system wherein the
opening occurs. The Participant further agrees to provide
- such reports to such local office regarding employment openings
and hires as may be required.
State and local government agencies holding Federal agreements
of $10,000 or more shall also list all their suitable openings
with the appropriate office of the State employment service,
but are not required to provide those reports set forth in
paragraphs d. and e.
c. Listing of employment openings with the employment service
system pursuant to this clause shall be made at least concur-
rently with the use of any other recruitment source or effort
and shall involve the normal obligations which attach to the
placing of a bona fide job order, including the acceptance of
referrals of veterans and nonveterans. The listing of employ-
ment openings does not require the hiring of any particular
job applicant or from any particular group of job applicants,
and nothing herein is intended to relieve the Participant from
any requirements in executive orders or regulations regarding
nondiscrimination in employment.
The reports required by paragraph b. of this clause shall
include, but not be limited to, periodic reports which shall
be filed at least quarterly with the appropriate local office
or, where the Participant has more than one hiring location in
a State, with the central office of that State employment -
service.' Such reports shall indicate for each hiring location
(i) the number of individuals who were hired during the report-
ing period, (ii) the number of nondisabled veterans of the
Vietnam era hired, (iii) the number of disabled veterans of
the Vietnam era hired, and (iv) the total number of disabled
veterans hired. The reports should include covered veterans
hired for on-the-job training under 38 USC 1787. The Partici-
pant shall submit a report within 30 days after the end of
each reporting period wherein any performance is made on this
Agreement identifying data for each hiring location. The
Participant shall maintain at each hiring location copies of
the reports submitted until the expiration of one year after
final payment under the Agreement, during which time these
reports and related documentation shall be made available,
7
•
••nnn
upon request, for examination by any authorized representatives
of the Cooperative Agreement Officer or of the Secretary of
Labor. Documentation would include personnel records respect-
log job openings, recruitment, and placement.
-
e. Whenever the Participant becomes contractually bound by the
listing provisions of this clause, it shall advise the employ-
ment service system in each State where it has establishments
of the name and location of each hiring location in the State.
• As long as the Participant is contractually bound to these
provisions and has so advised the State system, there is no
• need to advise the State system of subsequent agreements. The
Participant may advise the State system when it is no longer
., • bound by this agreement clause.
f. This clause does not apply to the listing of employment
openings which occur and are filled outside of the 50 States,.
the District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
g. The provisions of paragraphs b., c., d., and e. of this clause
do not apply to openings which the Participant proposes to
fill from within its own organization or to fill pursuant to a
customary and traditional employer-union hiring arrangement.
This exclusion does not apply to a particular opening once an
employer decides to consider applicants outside of its own
organization or employer-union arrangement for that opening.
h. As used in this clause:
•
• Cl) "All suitable employment openings" includes,.but,is not
• limited to, openings which occur in the following job.
. categories: production and nonproduction; plant and f: .
office; laborers and mechanics; supervisory and nonsuper-
visory; technical; and executive, administrative, and -
professional openings which are compensated on a salary
basis of less than $25,000 per year. The term includes
full-time employment, temporary employment of more than
three days' duration, and part-time employment. It does
not include openings which the Participant proposes to
fill from within its own organization or to fill pursuant
to a customary and traditional employer-union hiring
. . arrangement nor openings in an educational institution
.- which are restricted to students of that institution. ' • -
Under the most compelling circumstances, an employment ---
- opening may not be suitable for listing, including such
situations where the needs of the Government cannot
reasonably be otherwise 'supplied, where listing would. be
contrary to national security, or where the requirement
. of listing would otherwise not be for the hest. interest
of the Government. • . .
(2) "Appropriate office of the State employment service
system" means the local office of the Federal-State__
national system of public employment offices with assigned
responsibility for serving the area where the employment'
opening is to be filled, including the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands.
(3) "Openings which the Participant proposes to fill from
within its own organization" means employment openings
for which no consideration will be given to persons
outside the Participant's own organization (including any
• affiliates, subsidiaries, and parent companies) and
includes any openings which the Participant proposes to
fill from regularly established "recall" lists.
(4) "Openings which the Participant proposes to fill pursuant
to a customary and traditional employer-union hiring
arrangement" means employment openings which the Participant
proposes to fill from union halls, which is part of the
customary and traditional hiring relationship which '
exists between the Participant and .representatives of its
employees.
L The Participant agrees to comply with the rules, regulations,
and relevant orders of the Secretary of Labor issued pursuant
to the Act.
j. In the event of the Participant's noncompliance with the
requirements of this clause, actions for noncompliance may be
taken in accordance with the rules, regulations, and relevant
, orders of the Secretary of Labor issued pursuant to the Act. •
k. The Participant agrees to post in conspicuous places, available
to employees and applicants for employment, notices in a form
to be prescribed by the Director, provided by or through the
Awarding Officer. Such notice shall state the Participant's -
obligation under the law to take affirmative action to employ
and advance in employment qualified disabled veterans and
veterans of the Vietnam era for employment, and the rights of
applicants and employees.
I. The Participant will notify each labor union or representative
of workers with which it has a collective bargaining agreement
or other agreement understanding that the Participant is bound
by terms of the Vietnam Era Veteran's Readjustment Assistance
Act and is committed to take affirmative action to employ and
advance in employment qualified disabled veterans and veterans
of the Vietnam era.
m. The Participant will include theprovisions of this clause in
every subcontract or purchase order of $10,000 or more unless
exempted by rules, regulations, or orders of the Secretary
issued pursuant to the Act, so that such provisions will be
binding upon each subcontractor or vendor. The Participant
will take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
5.9 PREFERENCE FOR U.S. FLAG AIR CARRIERS
a. It is the policy of the United States that all Federal agencies
and Government contractors and subcontractors utilize U.S.
flag air carriers for international air transportation of
"personnel and cargo. :
b. The Participant agrees to utilize U.S. flag air carriers to
the maximum extent practicable in connection with the perfor-
- mance of this Agreement in the transportation by air of any
personnel and cargo between the United States and a foreign'
country, or between foreign countries.
c. The terms used in this clause have the following meanings:
(1) "International air transportation" means transportation
by air of personnel and cargo from the United States to a
foreign country, between two or more foreign countries,
and between a foreign country and the United States.
(2) "U.S. flag air carrier" means one of a class of air
carriers holding a certificate of public convenience an&
necessity issued by the Civil Aeronautics Board, approved
by the President, authorizing operations between the
United States and/or its territories and one or more • •
foreign countries.
(3) The term "United States" includes the 50 States, Common-
wealth of Puerto Rico, possessions of the United States,
and the District of Columbia.
(4) "Practicable" includes (i) satisfactory servicing of
. agency programs, and (ii) timely deliveries at fair and
reasonable prices.
d. The Participant shall include the substance of this clause,
- including this paragraph d., in each subcontract or purchase
order hereunder which may involve air transportation between
the United States and a foreign country or between foreign
countries.
Any equipment, materials, or commoditites, within or
outside the United States, which may be transported by
ocean vessel are:
(a) Procured, contracted for, or otherwise obtained for
the agency's account; or
(1)
5.10 USE OF U.S. FLAG COMMERCIAL VESSELS
(Applicable only if the Agreement involves the transportation of
property by ocean vessel.)
a. The Cargo-Preference Act of 1954 (Public Law 664, August 26,
1954, 68 Stat, 832, 46 USC 1241(b)) requires that Federal
departments or agencies shall transport at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) of equipment, materials, or
commodities which may he transported on ocean vessels on
privately owned United States flag commercial vessels. Such
transportation shall be accomplished whenever:
(b) Furnished to or for the account of any foreign
nation without provision for reimbursement.
(2) Funds or credits are advanced or the convertibility of
foreign currencies is guaranteed in connection with
furnishing such equipment, materials, or commodities
• which may be transported by ocean vessel.
NOTE: This requirement does not apply to small purchases as
defined in 41 CFR 1-3.6 or to cargoes carried in the
vessels of the Panama Canal Company.
b. The Participant agrees as follows:
To utilize privately owned United States flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved whenever shipping any
equipment, material, or commoditites under the conditions
set forth in a. above pursuant to this Agreement to the
extent such vessels are available at fair and reasonable
rates for United States flag commercial vessels.
NOTE: Guidance regarding fair and reasonable rates for United
States flag vessels may be obtained from the Division of
National Cargo, Office of Market Development, Maritime
Administration, Washington, D.C. 20230: Area Code 202,
phone 377-3449.
(1)
M AP en c
1%1 0, 3p3
"equenc
(2) To furnish, within 15 working days following the date of
loading for shipments originatingwithin the United --
States or within 25 working days following the date of
loading for shipments originating outside the United
States, a legible copy of a rated "on-board" commercial
ocean bill of lading in English for each shipment of
cargo covered by the provisions in a. above to both the
Awarding Officer (through the prime contractor in the
case of subcontractor bills of lading) and to the Division
of National Cargo, Office of Market Development, Maritime
Administration, Washington, D.C. 20230.
(3 ) To insert the substance of the provisions of this clause
in all subcontracts issued pursuant to this Agreement
except for small purchases as defined in 41 CFR 1-3.6. .
ti r (Signature aro date):
1. IDENTIFICATION 2, OBLIGATION INSTRUMENT:
A
A
A
APPENDIX C
DOE Form CR537 n -75)
REPORTING REQUIREMENTS CHECKLIST
(See Instructions on Reverse) FORM APPROVED
0ME3 NO, 3BR-0790
3. REPORTING REQUIREMENTS
A. PROJECT MANAGEMENT
1. Et Management Plan
2. 0 Milestone Schedule & Status Report
3. 0 Cost Plan
4. 0 Manpower Plan
5, 0 Contract Management Summary Report
6. ra Project Status Report
7, CI Cost Management Report
Manpower Management Report
9. a Conference Record
10. a Hot Line Report
1. Vehicle Selection Report
2. Final Report
B. TECHNICAL INFORMATION REPORTING
1. 0 Notice of Energy RD&O Project (SSIE)
2. 0 Technical Progress Report
3. 0 Topical Report
4, 0 Final Technical Report
C. PMS/MINI-PMS
1. Cost Performance Report
• 0 Format 1
O Format 2
O Format 3
D Format 5
2. 0 Cost/Schedule Status Report
3. 0 Management Control System
Description
4. 0 Summary System Description
5- 0 WBS Dictionary
WBS
Functional
Baseline
Problem Analysis
Frequency
FREQUENCY CODES: A — As Required
C — Contract Change
F — Final (End of Contract)
M — Monthly
0 — One Time (Soon After Contract Award)
• 4, SPECIAL INSTRUCTIONS
1. The Management Plan (Demonstration Operations Plan) shall be submitted within 30
days after execution of the Cooperative Agreement and shall include all elements
_..described in Item 2, Statement of Work. .
• 2. The vehicle Selection Report shall be submitted prior to procurement action to order
vehicles and shall include the data described in Item 3, Statement of I.!ork. .
O — Quarterly
S Semi-Annually
X — Mandatory for Delivery with Proposals/Bid
▪ — Yearly or Upon Contract Renewal
5. ATTACHED HEREWITH:
o Report Distribution List
o WBS/Repoiting Category
6. PREPARED BY (Signature and date): I 1. REVIEWED BY (Signature and date):
ApF, e"°:7=7—
\
\ \
\ \be.
\ - 4_
\
\
'
\\:
, \
\-p
c \\ \-9
ADDRESSEES: NO. OF REPORT COFIL.; SPECIAL INSTRUCTIONS
Nevada Operations Office
P. 0. Box 14100
Las Vegas, Nevada 89114
Property Management Division 1 * *25 copies
1 repro
master 1 Finance Division
Technical Information Center
U. S. DOE
P. O. Box 62
Oak Ridge, TN 37830
Grant
Award
Grant
Application
Variance
Favorable/
(Unfavorable)
Overhead 45,378 (23.1%) 39,776 (24%) 5,602
OAKLAND COUNTY
DEPARTMENT OF ENERGY ELECTRIC AND HYBRID
VEHICLE DEMONSTRATION PROGRAM
April 1, 1980 - March 31, 1984'
4 Year Program
2,188 Salaries & Fringes (1) 161,493 159,305
Operating
Photocopy Reproduction 3,746 3,746
Printing 3,000 3,000
Travel 6,400 6,400
Total 13,146 13,146
Capital Expenditures
Vehicles
5 Electric Vans 47,200 47,200
Van Spare-Parts 2,165 2,169
5 Electric Pickup Trucks 71,850 71,850
Pickup Truck Spare-Parts 2,079 2,079
Batteries 12,314 12,314
Special Tools (Equipment) 4,086 4,086
Electrical Alterations-Garage 17,490 17,490
Installation of Monitoring Equip. 3,000 3,000
Total 160,188 160,188
TOTAL 380,205 372,415 7,790
Funding Sources
County - Soft Match 231,870 (61%) 224,080 (60%) 7°,790
Federal 148,335 (39%) 148,335 (40%)
TOTAL 330,205 372,415 7,790
(1) County Soft Match
Salaries & Fringe
Overhead
Xerox Cost (Labor)
Garage-Vehicle Replacement Fund
Prepared by:
Eudoet Division
May 15. 1980
159,305
39,776
3,746"
21,253
224,080
#94I2 May 22, 1980
Moved by Murphy supported by Moxley the resolution be adopted.
AYES: Kasper, Kelly, Lewand, Moffitt, Montante, Moore, Moxley, Murphy.
Page, Patterson, Pernick, Peterson, Price, Wilcox, Aaron, Caddell, DiGiovanni,
Dunaskiss, Gabler, Gorsline, Hobart. (21)
NAYS: Hoot, Fortino. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
.M i.sce.1.1.an.e.o.u.s..R.e.s.o.lii.t.i on. 4410A.12. adopIed. by. the. Oakland „ Coun ty Board „of ....
.t.h.e.i.r.i-nEe.t.i ng. he.1 d. on. May. 22, . 1980
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
22nd May 80 this aaaaaaaaa .OVVOrOppeaday °Lea" aaaaaa 0,..6 1 90,0.
Lynn D. Allen Clerk
By Deputy Clerk