Appendix B to Part 603 - Flow Down Requirements for Purchases of Goods and Services
10:4.0.1.3.12.10.59.30.12 : Appendix B
Appendix B to Part 603 - Flow Down Requirements for Purchases of
Goods and Services
A. As discussed in § 603.705, the contracting officer must
inform recipients of any requirements that flow down to their
purchases of goods or services (e.g., supplies or equipment) under
their TIA. Note that purchases of goods or services differ from
subawards, which are for substantive RD&D program
performance.
B. Appendix A to 10 CFR part 600, subpart D lists eight
requirements that commonly apply to firms' purchases under grants
or cooperative agreements. Of those eight, two that apply to all
recipients' purchases under a TIA are:
1. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). A
contractor submitting a bid to the recipient for a contract award
of $100,000 or more must file a certification with the recipient
that it has not and will not use Federal appropriations for certain
lobbying purposes. The contractor also must disclose any lobbying
with non-Federal funds that takes place in connection with
obtaining any Federal award. For further details, see 10 CFR part
601, the DOE's codification of the Government-wide common rule
implementing this amendment.
2. Debarment and suspension. Recipients may not make
contract awards that exceed the simplified acquisition threshold
(currently $100,000) and certain other contract awards may not be
made to parties listed on the General Services Administration (GSA)
“List of Parties Excluded from Federal Procurement and
Nonprocurement Programs.” The GSA list contains the names of
parties debarred, suspended, or otherwise excluded by agencies, and
parties declared ineligible under statutory or regulatory authority
other than Executive Orders 12549 (3 CFR, 1986 Comp., p. 189) and
12689 (3 CFR, 1989 Comp., p. 235). For further details, see
subparts A through E of 10 CFR part 606, which is the DOE's
codification of the Government-wide common rule implementing
Executive Orders 12549 and 12689.
C. One other requirement applies only in cases where
construction work is to be performed under the TIA with Federal
funds or recipient funds counted toward required cost sharing:
1. Equal Employment Opportunity. If the TIA includes
construction work, the contracting officer should inform the
recipient that Department of Labor regulations at 41 CFR 60-1.4(b)
prescribe a clause that must be incorporated into construction
awards and subawards. Further details are provided in Appendix B to
10 CFR 600 subpart D, item 1.