Solicitation No. DCPL2010I0016 - 151-200

FIRST SOURCE EMPLOYMENT AGREEMENT
CONTRACT NUMBER:

PROJECT CONTRACT AMOUNT:

EMPLOYER CONTRACT AWARD:

PROJECT NAME:

PROJECT ADDRESS:

WARD:

NONPROFIT ORGANIZATION WITH 50 (fifty) EMPLOYEES OR LESS: 0 Yes 0 No

This First Source Employment Agreement, in accordance with D. C. Law 14-24, D.C. Law 5-93, and Mayor's Order 83-265 for recruitment, referral, and placement of District of Columbia residents, is between the District of Columbia Department of Employment Services, hereinafter referred to as DOES, and __ , hereinafter, referred to as EMPLOYER. Under this Employment Agreement, the EMPLOYER will use DOES as its first source for recruitment, referral, and placement of new hires or employees for the new jobs created by this project and will hire 51 % District of Columbia residents for all new jobs created, as well, as 51 % of apprentices employed in connection with the project shall be District residents registered in programs approved by the District of Columbia Apprenticeship Council.

I. GENERAL TERMS

A. The EMPLOYER will use DOES as its first source for the recruitment, referral and placement of employees.

B. The EMPLOYER shall require all contractors and subcontractors, with contracts totaling $100,000 or more, to enter into a First Source Employment Agreement with DOES.

C. DOES will provide recruitment, referral and placement services to the EMPLOYER subject to the limitations set out in this Agreement.

D. DOES participation in this Agreement will be carried out by the Office of the Director, with the Office of Employer Services, which is responsible for referral and placement of employees, or such other offices or divisions designated by DOES.

E. This Agreement shall take effect when signed by the parties below and shall be fully effective for the duration of the contract and any extensions or modifications to the contract.

F. This Agreement shall not be construed as an approval of the

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EMPLOYER'S bid package, bond application, lease agreement, zoning application, loan, or contract/subcontract.

G. DOES and the EMPLOYER agree that for purposes of this Agreement, new hires and jobs created (both union and nonunion) include all EMPLOYER'S job openings and vacancies in the Washington Standard Metropolitan Statistical Area created as a result of internal promotions, terminations, and expansions of the EMPLOYER'S workforce, as a result of this project, including loans, lease agreements, zoning applications, bonds, bids, and contracts.

H. For purposes of this Agreement, apprentices as defined in D.C. Law 2- 156, as amended, are included.

L The EMPLOYER shall register an apprenticeship program with the D.C.

Apprenticeship Council for construction or renovation contracts or subcontracts totaling $500,000 or more. This includes any construction or renovation contract or subcontract signed as the result of, but is not limited to, a loan, bond, grant, Exclusive Right Agreement, street or alley closing, or a leasing agreement of real property for one (1) year or more.

J. All contractors who contract with the Government of the District of Columbia to perform information technology work with a single contract or cumulative contracts of at least $500,000, let within any twelve (12) month period shall be required to register an apprenticeship program with the District of Columbia Apprenticeship Council.

K. The term "information technology work" shall include, but is not limited to, the occupations of computer programmer, programmer analyst, desktop specialist, technical support specialist, database specialist, network support specialist, and any other related occupations as the District of Columbia Apprenticeship Council may designate by regulation.

II. RECRUITMENT

A. The EMPLOYER will complete the attached Employment Plan, which will indicate the number of new jobs projected, salary range, hiring dates, and union requirements. The EMPLOYER will notify DOES of its specific need for new employees as soon as that need is identified.

B. Notification of specific needs, as set forth in Section ILA. must be given to DOES at least five (5) business days (Monday - Friday) before using any other referral source, and shall include, at a minimum, the number of employees needed by job title, qualification, hiring date, rate of pay, hours of work, duration of employment, and work to be performed.

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C. Job openings to be filled by internal promotion from the EMPLOYER'S current workforce need not be referred to DOES for placement and referral.

D. The EMPLOYER will submit to DOES, prior to starting work on the project, the names, and social security numbers of all current employees, including apprentices, trainees, and laid-off workers who will be employed on the project.

III. REFERRAL

DOES will screen and refer applicants according to the qualifications supplied by the EMPLOYER.

IV. PLACEMENT

A. DOES will notify the EMPLOYER, prior to the anticipated hiring dates, of the number of applicants DOES will refer. DOES will make every reasonable effort to refer at least two qualified applicants for each job opening.

B. The EMPLOYER will make all decisions on hiring new employees but will in good faith use reasonable efforts to select its new hires or employees from among the qualified persons referred by DOES.

C. In the event DOES is unable to refer the qualified personnel requested, within five (5) business days (Monday - Friday) from the date of notification, the EMPLOYER will be free to directly fill remaining positions for which no qualified applicants have been referred. Notwithstanding, the EMPLOYER will still be required to hire 51 % District residents for the new jobs created by the project.

D. After the EMPLOYER has selected its employees, DOES will not be responsible for the employees' actions and the EMPLOYER hereby releases DOES, and the Government of the District of Columbia, the District of Columbia Municipal Corporation, and the officers and employees of the District of Columbia from any liability for employees' actions.

v. TRAINING

DOES and the EMPLOYER may agree to develop skills training and onthe-job training programs; the training specifications and cost for such training will be mutually agreed upon by the EMPLOYER and DOES and set forth in a separate Training Agreement.

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VI. CONTROLLING REGULATIONS AND LAWS

A. To the extent this Agreement is in conflict with any labor laws or governmental regulations, the laws or regulations shall prevail.

B. DOES will make every effort to work within the terms of all collective bargaining agreements to which the EMPLOYER is a party.

C. The EMPLOYER will provide DOES with written documentation that the EMPLOYER has provided the representative of any involved collective bargaining unit with a copy of this Agreement and has requested comments or objections. If the representative has any comments or objections, the EMPLOYER will promptly provide them to DOES.

VII. EXEMPTIONS

A. Contracts, subcontracts or other forms of government-assistance less

than $100,000.

B. Employment openings the contractor will fill with individuals already employed by the company.

C. Job openings to be filled by laid-off workers according to formally established recall procedures and rosters.

D. Suppliers located outside of the Washington Standard Metropolitan

Statistical Area and who will perform no work in the Washington Standard Metropolitan Statistical Area.

VIII. AGREEMENT MODIFICATIONS, RENEWAL, MONITORING, AND PENALTIES

A. If, during the term of this Agreement, the EMPLOYER should transfer possession of all or a portion of its business concerns affected by this Agreement to any other party by lease, sale, assignment, merger, or otherwise, the EMPLOYER as a condition of transfer shall:

1. Notify the party taking possession of the existence of the EMPLOYER'S Agreement.

2. Notify the party taking possession that full compliance with this Agreement is required in order to avoid termination of the project.

3. EMPLOYER shall, additionally, advise DOES within seven (7) business/calendar days of the transfer. This advice will include the name of the party taking possession and the name and telephone of that party's representative.

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B. DOES shall monitor EMPLOYER'S performance under this Agreement.

The EMPLOYER will cooperate in DOES' monitoring effort and will submit a Contract Compliance Form to DOES monthly.

C. To assist DOES in the conduct of the monitoring review, the EMPLOYER will make available payroll and employment records for the review period indicated.

D. If additional information is needed during the review, the EMPLOYER will provide the requested information to DOES.

E. With the submission of the final request for payment from the District, the EMPLOYER shall:

1. Document in a report to the Contracting Officer its compliance with the requirement that 51 % of the new employees hired by the project be District residents; or

2. Submit a request to the Contracting Officer for a waiver of compliance with the requirement that 51 % of the new employees hired by the project be District residents and include the following documentations:

a. Material supporting a good faith effort to comply;

b. Referrals provided by DOES and other referral sources; and

c. Advertisement of job openings listed with DOES and other referral sources.

F. The Contracting Officer may waive the requirement that 51 % of the new employees hired by the project be District residents, if the Contracting Officer finds that:

1. A good faith effort to comply is demonstrated by the contractor;

2. The EMPLOYER is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area;

The Washington Standard Metropolitan Statistical Area includes the District of Columbia, the Virginia Cities of Alexandria, Falls Church, Manasas, Manasas Park, Fairfax, and Fredericksburg; the Virginia Counties of Fairfax, Arlington, Prince William, Loundon, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson.

3. The EMPLOYER enters into a special workforce development training or placement arrangement with DOES; or

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4. DOES certifies that insufficient numbers of District residents in the labor market possess the skills required by the positions created as a result of the contract.

G. Willful breach of the First Source Employment Agreement by the

EMPLOYER, or failure to submit the Contract Compliance Report, or deliberate submission of falsified data, may be enforced by the Contracting Officer through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract.

H Nonprofit organizations with 50 or less employees are exempted from the requirement that 51 % of the new employees hired on the project be District residents.

I. The EMPLOYER and DOES, or such other agent as DOES may designate, may mutually agree to modify this Agreement.

J. The project may be terminated because of the EMPLOYER'S non-compliance with the provisions of this Agreement.

IX. Is your firm a certified Local, Small, Disadvantaged Business Enterprise (LSDBE)?

DYES DNO

If yes, certification number: __

X. Do you have a registered Apprenticeship program with the D.C. Apprenticeship Council?

DYES DNO

If yes, D.C. Apprenticeship Council Registration Number: __

XI. Indicate whether your firm is a subcontractor on this project: DYES D NO If yes, name of prime contractor:

Dated this __ day of __ 20 __

Signature Dept. of Employment Services

Signature of Employer

Name of Company

Address

Telephone

E-mail

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EMPLOYMENT PLAN

NAME OF FIRM ADDRESS:

TELEPHONE NUMBER: FEDERAL IDENTIFICATION NO.:

CONTACT PERSON: TITLE:

E-MAIL:

TYPE OF BUSINESS:

DISTRICT CONTRACTING AGENCY:

CONTRACTING OFFICER: TELEPHONE NUMBER:

TYPE OF PROJECT: CONTRACT AMOUNT:

EMPLOYER CONTRACT AMOUNT:

PROJECT START DATE:

PROJECT END DATE:

EMPLOYER START DATE:

EMPLOYER END DATE:

NEW JOB CREATION PROJECTIONS: Please indicate ALL new position(s) your firm will create as a result of this project. If the firm WILL NOT be creating any new employment opportunities, please complete the attached justification sheet with an explanation. Attach additional sheets as needed.

JOB TITLE #OF JOBS SALARY UNION MEMBERSHIP REQUIRED PROJECTED
Ftf rvr RANGE NAME LOCAL# HIRE DATE
A
B
C
D
E
F
G
H
I
J
K Revised 6/10

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CURRENT EMPLOYEES: Please list the names, social security numbers, and residency status of all current employees, including apprentices, trainees, and transfers from other projects, who will be employed on this project. Attach additional sheets as needed.

NAME OF EMPLOYEE CURRENT WARD SOCIAL SECURITY NUMBER or
DISTRICT (DC Only) EMPLOYEE IDENTIFICATION NUMBER
RESIDENT
(Check)
D
D
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 Revised 6/10

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JUSTIFICATION SHEET: Please provide a detailed explanation justifying why the Employer will not have any new hires on this project.

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SOLICITATION NO. DCPL-2010-I-OOI6 WINDOW AND DOOR REPLACEMENTS AND

ENERGY EFFICIENT LIGHTING SYSTEMS AT VARIOUS LIBRARY BRANCHES

ATTACHMENT J.I0

Tax Certification Affidavit

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GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Chief Financial Officer

Office of Tax and Revenue

* * *

TAX CERTIFICATION AFFIDAVIT

THIS AFFIDAVIT IS TO BE COMPLETED ONLY BY THOSE WHO ARE REGISTERED TO CONDUCT BUSINESS IN THE DISTRICT OF COLUMBIA.

Date

Name of Organization/Entity Business Address (include zip code) Business Phone Number(s)

Principal Officer Name and Title Square and Lot Information Federal Identification Number Contract Number

Unemployment Insurance Account No.

"I hereby authorize the District of Columbia, Office of the Chief Financial Officer, Office of Tax and Revenue; consent to release my tax information to an authorized representative of the District of Columbia agency from which I am seeking to enter into a contractual relationship. I understand that the information released under this consent will be limited to whether or not I am in compliance with the District of Columbia tax laws and regulations as of the date found on the government request. I understand that this information is to be used solely for the purpose of determining my eligibility to enter into a contractual relationship with a District of Columbia agency. I further authorize that this consent be valid for one year from the date of this authorization."

I hereby certify that I am in compliance with the applicable tax filing and payment requirements of the District of Columbia.

The Office of Tax and Revenue is hereby authorized to verify the above information with the appropriate government authorities. The penalty for making false statements is a fine not to exceed $5,000.00, imprisonment for not more than 180 days, or both, as prescribed by D.C. Official Code § 47-4106.

Signature of Authorizing Agent LI ---.J

Title 1,-. ___j

Office of Tax and ReMenue, PO Box 37559, Washington; DC 20013

SOLICITATION NO. DCPL-2010-I-0016 WINDOW AND DOOR REPLACEMENTS AND


ATTACHMENT J.II

REQUIRED LABOR CONTRACT PROVISIONS

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SOLICITATION NO. DCPL-201O-I-0016 WINDOW AND DOOR REPLACEMENTS AND


REQUIRED LABOR CONTRACT PROVISIONS

PA YMENT OF PREDETERMINED MINIMUM WAGES

A. Standard Contract Clauses (Contracts exceeding $2,000.00)

1. Minimum Wages

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the Contractor or developing of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor, United States Department of Labor, hereinafter referred to as the Secretary of Labor, under the Copeland Act (29 CFR, Part 3), the full amount of wages and bona-fide fringe benefits (or cash equivalents thereof), due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona-fide fringe benefits under Sections (l)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, are considered wages paid to such laborers or mechanics subject to the provisions of paragraph A(I)(iv) of this Section; also regular contributions made or costs incurred for more than a weekly period (but not less than often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in A(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph A(l)(ii) of this Section), and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) (A) The Contracting Officer of the District of Columbia, Fire and Emergency Medical Service, hereinafter referred to as the Contracting Officer, shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to

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be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona-fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, agree with the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary.

(C) In the event the Contractor, or the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate), determined pursuant to sub-paragraphs (l)(B) or (l)(C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona-fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider, as part of the wages of any laborer or mechanic, the amount of any cost reasonably anticipated in providing bona-fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards

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of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program.

2. Withholding

The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the United States Department of Labor, withhold or cause to be withheld from the Contractor, under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or developing of the project), all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona-fide fringe benefits or case equivalents thereof of the types described in Section 1(b)2(B) of the Davis-Bacon Act), daily and weekly numbers of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs, the certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)

(A)

The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the District of Columbia Government if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for

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transmission to the District of completely all of the information required to be maintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance" signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be maintained under 5.5(a)(3)(I)of Regulations, 29 CFR Part 5 and that such

, information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee), employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraphs (a)(3)(ii)(B) of this section.

(D) The Contractor shall notify the Contracting Officer, in writing, of all periods of which no work is performed. This notification applies to the prime Contractor and to all subcontractors.

(E) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph A(3)(I) of this section available for inspection, copying or transcribing by authorized representatives of the Contracting Officer or the United States Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such

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action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona-fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is

approved.

Trainees. Except as provided in 20 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of

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progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee amount of fringe benefits listed on wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination, which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements and Executive Order 11246, as amended and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts, the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Contracting Officer may, by appropriate instructions require, and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract Termination: Debarment

A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements

All rulings and interpretations of the Davis-Bacon and related Acts contained in 20 CFR Parts 1, 3 and 5 are herein incorporated by reference in this contract.

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9. Disputes Concerning Labor Standards

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractor) and the contracting agency, the U. S. Department of Labor, or the employees or their representatives.

10. Certification of Eligibility

A. By entering into this contract, the Contractor certifies that neither it (nor he or she), nor any person or firm who has an interest in the Contractor's firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(i) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1).

(ii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.c. 1001.

B. Contract Work Hours and Safety Standards Act

The Agency Head shall cause or require the Contracting Officer to insert the following clauses set forth in paragraphs B(1), (2), (3), and (4) of this Section in full, in any contract subject to the overtime provisions of the contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 5.5(a) or 4.6 of Part 4 of 29 CFR. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.

1. Overtime Requirements

No Contractor or subcontractor contracting for any part of the contract work may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week, whichever is greater.

2. Violation: Liability for Unpaid Wages:

Liquidated Damages

In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any subcontractor responsible therefore shall be liable

Page 78



for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10.00 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wages required by the clauses set forth in subparagraphs (1) of this paragraph.

3. Withholding for Unpaid Wages and Liquidated Damages

The Contracting Officer shall, upon his own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract, subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

4. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts, the clauses set forth in subparagraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Contract Work Hours and Safety Standards Act

In addition to the clauses contained in paragraph B, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 5.1, the Agency Head shall cause or require the Contracting Officer to insert a clause requiring that the Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the Contracting Officer to insert in any such contract, a clause providing that the records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer and the Department of Labor, and the

Page 79



Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

Page 80



SPECIAL STIPULATIONS PERTAINING TO WAGE RATES

RA TES OF WAGES determined by the Secretary of Labor, shall apply if the contract is in excess of $2,000.00 in amount. The Secretary of Labor has determined that the wage rates for various classes of mechanics and laborers, enumerated in the attached schedule, were prevailing in the area in which the work is to be performed at the time of Invitation for Bids.

Each class of laborers and mechanics listed in the attached schedule shall receive not less than the minimum rate of wage specified therein. In the event that it becomes necessary to employ any laborer or mechanic whose work is not covered by any of the classifications in said schedule, he shall be paid not less than the prevailing rates of wages for the class of work done by him. Such rate shall be predetermined by the Department of Labor through the Materiel Management Officer. In case any disputes arises as to what are the prevailing rates of wages for work of similar nature, which cannot be adjusted by the Contracting Officer, the matter shall be referred to the Secretary of Labor for determination, whose decisions thereon shall be conclusive on all parties.

While the wage rates listed have been determined to be the prevailing rates for the occupations specified, and the minimum allowable under this specification, it is the responsibility of the Contractors to inform themselves as to the local labor market and conditions, including any pending legislation or existing collective bargaining agreements which provide for future increase in rates.

The Contractor shall abide by and conform to all applicable laws, Executive Orders, regulations and orders of Federal Agencies authorized to pass upon and determine wage rates. No increase in the contract price shall be allowed or authorized on account of the payment of wage rates in excess of those listed.

The District of Columbia may award contracts for other work at the building and site, and this Contractor shall fully cooperate with such other Contractors and shall not commit or permit any act in connection with employment of labor, or otherwise, which will interfere with the performance of work by any other Contractor.

Bidders are required to fully inform themselves on the conditions relating to construction and labor under which work is now being performed, and this Contractor must employ such methods and means in carrying out his work as will not cause any interruption or interference with any other Contractor.

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ATTACHMENT J.12

WAGE DETERMINATION

DCI00004

Page 82

Page 1 of 7

General Decision Number: DC100004 07/09/2010 DC4

Superseded General Decision Number: DC20080004

State: District of Columbia

Construction Type: Building

County: District of Columbia Statewide.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) .

Modification Number Publication Date
0 03/12/2010
1 03/19/2010
2 06/11/2010
3 07/09/2010
ASBE0024-007 10/01/2009 Rates

Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR $ 30.43

14.43

Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems

ASBE0024-008 10/01/2009

Rates

Fringes

ASBESTOS WORKER: HAZARDOUS MATERIAL HANDLER (REMOVAL FROM MECHANICAL SYSTEMS, WHICH WILL NOT BE REPLACED OR

SCRAPPED) $ 18.85

7.10

BRDC0001-002 05/04/2009

Rates

Fringes

BRICKLAYER $ 26.31

7.11

CARP0132-008 05/01/2010

Rates

Fringes

CARPENTER, Including Drywall Hanging, Formsetting and

Carpet/Soft Floor Laying $ 26.38

PILEDRIVERMAN $ 24.48

7.00 7.80

CARP1831-002 04/01/2009

Rates

Fringes

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MILLWRIGHT $ 29.39

6.55

ELEC0026-016 06/01/2010

Rates

Fringes

ELECTRICIAN, Including HVAC Temperature Control

Installation $ 39.02

12.82+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Jr. 's Birthday, Inauguration Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day or days designated as legal holidays by the Federal Government.

ELEC0026-017 09/01/2008

Rates

Fringes

ELECTRICIAN: COMMUNICATION

TECHNICIAN $ 24.25

3%+6.87

SCOPE OF WORK: Includes low voltage construction, installation, maintenance and removal of teledata facilities (voice, data and video) including outside plant, telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, railroad communications, micro waves, VSAT, bypass, CATV, WAN (Wide area networks), LAN (Local area networks) and ISDN (Integrated systems digital network)

WORK EXCLUDED: The installation of computer systems in industrial applications such as assembly lines, robotics and computer controller manufacturing systems. The installation of conduit and/or raceways shall be installed by Inside Wiremen. On sites where there is no Inside Wireman employed, the Teledata Technician may install raceway or conduit not greater than 10 feet. Fire alarm work is excluded on all new construction sites or wherever the fire alarm system is installed in conduit. All HVAC control work.

ELEVOOI0-00l 01/01/2010

Rates

Fringes

ELEVATOR MECHANIC $ 37.30

20.035+a+b

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas Day and the Friday after Thanksgiving.

b. VACATIONS: Employer contributes 8% of basic hourly rate for 5 years or more of service; 6% of basic hourly rate for 6 months to 5 years of service as vacation pay credit.

IRON0005-005 06/01/2009

Rates

Fringes

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IRONWORKER, ORNAMENTAL AND

STRUCTURAL $ 28.83

13.295

IRON0201-006 05/01/2009

Rates

Fringes

IRONWORKER, REINFORCING $ 25.20

14.33

LAB00657-015 06/01/2009

Rates

Fringes

LABORER: Skilled $ 20.22

5.25

FOOTNOTE: Potmen, power tool operator, small machine operator, signalmen, laser beam operator, waterproofer, open caisson, test pit, underpinnig, pier hole and ditches, laggers and all work associated with lagging that is not expressly stated, strippers, operator of hand derricks, vibrator operators, pipe layers, or tile layers, operators of jackhammers, paving breakers, spaders or any machine that does the same general type of work, carpenter tenders, scaffold builders, operators of towmasters, scootcretes, buggymobiles and other machines of similar character, operators of tampers and rammers and other machines that do the same general type of work, whether powered by air, electric or gasoline, builders of trestle scaffolds over one tier high and sand blasters, power and chain saw operators used in clearing, installers of well points, wagon drill operators, acetylene burners and licensed powdermen, stake jumper, structural demolition.

MARB0002-004 05/01/2009

Rates

Fringes

MARBLE/STONE MASON $ 32.63

12.99

INCLUDING pointing, caulking and cleaning of All types of masonry, brick, stone and cement EXCEPT pointing, caulking, cleaning of existing masonry, brick, stone and cement (restoration work)

MARB0003-006 05/01/2009

Rates

Fringes

TERRAZZO WORKER/SETTER $ 26.04

9.09

MARB0003-007 05/01/2009

Rates

Fringes

TERRAZZO FINISHER $ 20.48

8.19

MARB0003-008 05/01/2009

Rates

Fringes

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TILE SETTER $ 25.29

9.09

MARB0003-009 05/01/2009

Rates

Fringes

TILE FINISHER $ 20.48

8.19

PAIN0051-014 06/01/2009

Rates

Fringes

GLAZIER

Glazing Contracts $2

million and under $ 25.12

Glazing Contracts over $2

million $ 27.84

7.76

7.76

PAIN0051-015 06/01/2009

Rates

Fringes

PAINTER

Brush, Roller, Spray and

Drywall Finisher $ 24.64

7.86

PLAS0891-005 07/01/2009

Rates

Fringes

PLASTERER $ 27.00

5.82

PLAS0891-006 05/01/2008

Rates

Fringes

CEMENT MASON/CONCRETE FINISHER ... $ 27.15

6.47

PLAS0891-007 07/01/2008

Rates

Fringes

FIREPROOFER

Handler $ 11.50

Mixer /Pump $ 14.00

Sprayer $ 19.00

3.93 3.93 3.93

Spraying of all Fireproofing materials. Hand application of Fireproofing materials. This includes wet or dry, hard or soft. Intumescent fireproofing and refraction work, including, but not limited to, all steel beams, columns, metal decks, vessels, floors, roofs, where ever fireproofing is required. Plus any installation of thermal and acoustical insulation. All that encompasses setting up for Fireproofing, and taken down. Removal of fireproofing materials and protection. Mixing of all materials either by hand or machine following manufactures standards.

PLUM0005-008 08/01/2009


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Rates

Fringes

PLUMBER

Apartment Buildings over 4

stories (except hotels) $ 22.66

ALL Other Work $ 37.67

9.36+a 14.69+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's Birthday, Memorial Day and the Fourth of July.

PLUM0602-00S OS/01/2009

Rates

Fringes

PIPEFITTER, Including HVAC

Pipe Installation $ 36.S7

15.47+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day.

ROOF0030-016 05/01/2009

Rates

Fringes

ROOFER $ 25. SO

S.26

SFDC0669-002 01/01/2010

Rates

Fringes

SPRINKLER FITTER (Fire

Sprinklers) $ 30.45

16.35

* SHEE0100-015 07/01/2010

Rates

Fringes

SHEET METAL WORKER (Including

HVAC Duct Installation) $ 35.59

13.01

SUDC2009-003 05/19/2009

Rates

Fringes

LABORER: Common or General $ 13.04

2.S0

LABORER: Mason Tender -

Cement/Concrete $ 15.40

2.S5

LABORER: Mason Tender for pointing, caulking, cleaning of existing masonry, brick, stone and cement structures (restoration work); excludes pointing, caulking and

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cleaning of new or replacement masonry, brick,

stone and cement $ 11.67

POINTER, CAULKER, CLEANER:

Includes pointing, caulking, cleaning of existing masonry, brick, stone and cement structures (restoration work); excludes pointing, caulking, cleaning of new or replacement

masonry, brick, stone or

cement $ 18.88

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the

classifications listed may be added after award only as provided in the labor

standards contract clauses (29 CFR 5.5(a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the

identifier do not reflect collectively bargained wage and fringe benefit

rates. Other designations indicate unions whose rates have been determined

to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage

determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries

of surveys, should be with the Wage and Hour Regional Office for the area in

which the survey was conducted because those Regional Offices


712012010

Page 7 of 7

have

responsibility for the Davis-Bacon survey program. If the response from this

initial contact is not satisfactory, then the process described in 2.) and

3.) should be followed.

With regard to any other matter not yet ripe for the formal process

described here, initial contact should be with the Branch of Construction

Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party

(those affected by the action) can request review and reconsideration from

the Wage and Hour Administrator (See 2.9 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor


The request should be accompanied by a full statement of the interested

party's position and by any information (wage payment data, project

description, area practice material, etc.) that the requestor considers

relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested

party may appeal directly to the Administrative Review Board (formerly the

Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor


4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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Attachment J .13

Small and Local Business Opportunity Commission Certification Package - Part of Solicitation

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.

DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

2 Revision date 1/23/2008

7.

List the following business enterprise information (please contact listed reference phone numbers for personal assistance):

Federal Employer ID: 800-829-1040

No.:

Dunn & Bradstreet No.: 800-333-0505

No.:

Local Unemployment Compensation No.: (applicable, only if you have employees) 202-724-7566

No.:

8.

Describe in detail the business enterprise's product line, trade or services below (attach additional pages if necessary): 9.

Briefly describe any specialties: 10.

List National Institute of Government Policies (NIGP) Commodity Codes (http://dslbd.dc.gov) and corresponding description: 11.

Does the business enterprise have any other business locations (i.e., satellite office/storage/warehouse, etc.)? Yes No List All Operating Facilities or other Office Locations including StoragelW arehouse Facilities

Address, City, State, Zip





12.

List office equipment and vehicles of the business enterprise, and identify location where equipment or vehicle can be found. (attach additional pages if necessary)

List Equipment (make & model) & Vehicles (year, make & model) Owned and/or Leased Storage Location' of Equipment & Vehicles

13.

List all managerial employees:

Name Title

Business Address 14.

List all original and current owners/stockholders of the business enterprise (attach additional page if necessary):

Page 83



List Total Corporate Shares Authorized _

Name of OwnerslStockholders

Home Address, Home Phone Number US Citizen or LPR *

DC

Resident

(YIN)

Number of Shares Percentage

of

Ownership Gender

(M/F)

(optional) LGBT**

(YIN)

(optional)

Racel

Ethnicity (optional)

* Lawful Permanent Resident

** Lesbian, Gay, Bisexual or Transgendered 15.

Are any of the senior management working outside of the business enterprise? Yes No If yes, please provide name of employer, owner's respective title and time spent in the office of the business enterprise.

16.

Has the business enterprise, or any of its directors, officers, or principals, been found to have violated any District of Columbia law or regulation that is applicable to the applicant's business? Yes No

If yes, explain:





17.

Has the business enterprise, or any of its directors, officers, or principals, been convicted of a crime that bears directly on the fitness of the applicant, holder, or participant to ethically participate in the programs established pursuant to the Act? Yes No If yes, explain:

18.

List current members of Board of Directors and Officers of the Corporation:

Current Board of Directors/Owners Name

Title

Occupation

Date Appointed

Home

Address

Home

Phone

Officers of Corporation/Key Personnel Name

Title

Date Appointed Office

Address

Office

Phone

19.

List Bonding Information: (required for construction contractors)

Page 84



Name of Bonding Company

Address City State Zip

Contact Person Phone ( __ ) Fax ( __ )

List bonding specialties (if any) Bonding Limit $

20.

List Insurance Information: (General Liability Insurance required for all business enterprises) Name of Insurance Company


Contact Person __ __;_ Phone ( __ ) Fax ( __ )

List insurance type Liability Limit $

2l.

List Business Banking Information: (Business bank account required for all business enterprises) Primary Business Bank


Contact Person Phone ( __ ) Fax ( __ )




5 Revision date 1123/2008

22.

List total amount of taxes paid to DC Government (specify type of taxes paid in the current and latest tax year):

Check all that apply Current, Year-to-Date Last Fiscal Year 20

Arena

$_-----$_-----_ Ballpark Sales

$_-----$_-----_Corporate

$_-----$_------

Fuel

$_-----$_----_ Personal Property

$_-----$_------

Sales and Use

$_------

$,-------

Real Estate

$,-------

$,------_ Unemployment

$,------$_------

Other

$_------

Page 85



$_------ 23.

List the Certified Business Enterprise (CBE) status you are applying for (please choose all that are applicable and refer to the Supporting Documentation Checklist").

__ Local Business Enterprise (all certified business enterprises must qualify as local; business enterprises that do not qualify as local, can not qualify for any other CBE status)

__ Small Business Enterprise (if certified by the United States Small Business Administration as a small business concern under the Small Business Act, or if average gross revenue for the preceding three years does not exceed the applicable revenue limit below)

__ Disadvantaged Business Enterprise (please include Disadvantaged letter and notarized DBE form) __ Resident Owned Business (include signed copy of most recent DC personal tax returns)

__ Longtime Resident Business (include documentation such as tax returns, leases or deeds, and/or utility bills for the past 20 years if a local business, or for the past 15 years if a small business)

__ Local Business with a Principal Office Located within a District Enterprise Zone - (please verify at http://dslbd.dc.gov) For Small Business Enterprise Certification Only

Industry Type

Revenue Limit

Construction, Heavy (Street and Highways, Bridges, etc.) $23 million

Construction, Building (General Construction, etc.) $21 million

Construction, Specialty Trades $13 million

Goods & Equipment $20 million

General Services $19 million

Professional Services, Personal Services (Hotel, Beauty, Laundry, etc.)

$5 million

Professional Services, Business Services $10 million

Professional Services, Health & Legal Services $10 million

Professional Services, Health Facilities Management $l9 million

Manufacturing Services

$10 million

Transportation & Hauling Services $13 million

Financial Institutions

$300 million





24.Business, professional and/or trade licenses (if applicable):

License Type

License Number

License Expiration Date Authorizing Entity of License 25.

What is the value of the total fixed (excluding cash or liquid) assets of the business enterprise, and the value and percentage of fixed assets located in the District of Columbia? (Amounts should coincide with Fixed Asset Inventory submitted)

$_----------

$---------~

-------------%

Total Assets

Fixed Assets in DC

Page 86



Percentage of Fixed Assets in DC 26.

List the total number of employees, and corresponding number of employees who are residents of the District of Columbia, on payroll with the business enterprise for the preceding three years.

Year

Number of Employees

Number of D.C. Residents Employees Number of Full-Time Employees Number of Part-Time Employees

Number of D.C. Resident Full-Time Employees Number of D.C. Resident Part-Time Employees 27.

List Gross Annual Revenues for the Last Three (3) Years:

Year

Gross Annual Revenue

$-------------------

$--------------------

$--------------------

28.

List Source of Business Revenues from most recent fiscal year:

Source of Business Revenues Contracts/Sales Fiscal Year

Amount

Percentage of Total Revenues DC Government Contracts Prime

$

DC Government Contracts Sub

$

Federal Government Contracts Prime

$

Federal Government Contracts Sub

$

Private Sector $

Other State or Local Contracts $

Total

$

100%





29.

Have you previously worked and/or are you currently working on any contracts with the District of Columbia? Yes No 30.

List the contract and dollar value of the firm's three (3) largest contracts over the last three years:

Contract

Dollar Amount

Date Completed Prime/Sub Contractor 31.

Does the business enterprise have any other affiliated entities (e.g. parent company, subsidiary, etc.)? Yes No If yes, please provide a copy of three years of Federal and State income taxes, and the most recent UC-30 of the affiliate(s). .

Page 87



32.

Does the business enterprise currently hold any other certifications (e.g. SBA, MDOT, MWAA, WMATA, NMSDC, WBENC, VDOT, etc.)? Yes No If yes, please provide the following information.

Issue Date

Expiration Date

Small Business Association (SBA)

Maryland Department of Transportation (MDOT)

Virginia Department of Transportation (VDOT) Metropolitan Washington Airport Authority (MWAA) Washington Metropolitan Area Transit Authority (WMATA) National Minority Supplier Development Council (NMSDC) Women's Business Enterprise National Council (WBENC) 33.

Complete and have notarized the attached affidavit and submit it, along with all other application documents, to:

District of Columbia

. Department of Small and Local Business Development 441 4th Street, NW, Suite 970N

Washington, DC 2000 I

Tel: (202) 727-3900

Fax: (202) 724-3786 **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA



SWORN AFFIDAVIT

The undersigned, as a duly authorized representative of (Business Enterprise

Name) , swears (or affirms) that the statements made as part of the attached

certification application and submitted with or without a bid or proposal request to the Department of Small and Local Business Development are true and correct and include all material information necessary:

1.

To identify and explain the operations of the company; 2.

To identify the ownership of the company; and, otherwise, 3.

Establish the company's eligibility for certification under the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended (D.C. Law 16-33; 52 DCR 7503) D.C. Official Code § 2-218.01 et seq.

Sign only in the presence of a Notary Public

Signature: Date:

Name (please print): Title:

Signed and sworn to (or affirmed) before me this __ day of , , by

_______________ , who is well known to me as the person who executed the foregoing affidavit and who acknowledged the same to be his/her free act and deed.

Before me personally (name of Notary Public): _

(Please Print)

City of: State of: _

Notary Signature: _

(Seal)

My Commission expires: _





Page 88



CHECKLISTS

Sole Proprietorship o

Affidavit

o

Business. professional and/or trade licenses o

Certificate of occupancy or home occupancy permit o

Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue o

Company capability statement, including a brief description of products or services o

District or state and federal tax returns, last three years, and all schedules (signed) o

Dun & Bradstreet Number (DUNS) o

Current financial statement - Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o

Lease or deed for business site (signed) o

Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o

List of Current Employees (including name and home address for each employee) o

Proof of citizenship (e.g. birth certificate, passport or permanent resident card) o

Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) o

Resumes of key personnel Partnership

o

Affidavit

o


Business, professional and/or trade licenses


Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs o


District or state and federal tax returns for each partner, or Business Partnership Tax Returns, last three years, and all schedules (signed) o

Dun & Bradstreet Number (DUNS) o



Partnership agreement, buy-out rights and profit sharing agreement o


List of CUITent Employees (including name and home address for each employee) o

Proof of citizenship (e.g. birth certificate, passport or permanent resident card-submit only one) o

Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) o

Resume for each partner

Page 89



Corporation o

Affidavit

o

Articles of incorporation o

Business, professional and/or trade licensees) o

By-laws of corporation and any amendments o

Certificate of incorporation o




Copy of each stock certificate issued (front and back) and stock ledger o


Dun & Bradstreet number (DUNS) o


Minutes of first and most recent organizational meeting o





Resumes of key personnel o

Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card) o

Proof of residency of principal owner(s) (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card)





Limited Liability Corporation (LLC) o

Affidavit

o

Articles of organization o

Operating agreement o

Business, professional and/or trade licensees) (if applicable) o

Certificate of organization o



Page 90





Dun & Bradstreet number (DUNS) o


Minutes of first and most recent organizational meeting o





Resumes of key personnel o

Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card)


Disadvantaged Business Enterprise (DBE) o

DBE Form o

DBE Narrative Letter (on letterhead, signed and dated) o

Submit personal District or state and federal tax returns for the last year (signed) o

Personal Financial Statement Resident Owned Business (ROB) o

Residential lease or deed o

Submit personal District or state and federal tax returns for the last year (signed) o


Local Business with a Principal Offices Located within an Enterprise Zone (DZE) o

Verification from the Enterprise Zone Finder Map (please verify at http://dslbd.dc.gov) Longtime Resident Business (LRB)

Business which has been continuously eligible for certification as a local business enterprise for twenty (20) consecutive years, or a small business which has been continuously eligible for certification as a local business for fifteen (15) years

o

Submit Twenty (20) or Fifteen (15) years of District tax returns as proof of continuous eligibility All Businesses Less Than One Year Old

o

Business Plan o

Proof of capital injection (e.g. current bank statement) Recertification

o

Business, professional and/or trade licenses o

Most recent Certificate of Good Standing issued by Office of Tax and Revenue o


District or state and federal tax returns, last two years, and all schedules (signed) o

Page 91






List of Current Employees (including name and home address for each employee) Upgrade

o

Additional NIGP Codes

Submit proof of capabilities (i.e., receipts from customers, invoices with proof of payment, paid contracts including proof of payment, resumes/degrees/certifications) related to the requested codes)

o

Address Change D

Copy of lease or deed for business location D

Certificate of occupancy or home occupation permit

Page 92



ATTACHMENT J.14

Requirements Energy Efficiency and Conservation Block Grant (EECBG) with DDOE

Page 93

Circular No. A-133

Revised to show changes published in the Federal Register June 27, 2003 Audits of States, Local Governments, and Non-Profit Organizations

TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS

SUBJECT:

Audits of States, Local Governments, and Non-Profit Organizations

1. Purpose. This Circular is issued pursuant to the Single Audit Act of

1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.

2. Authority. Circular A-133 is issued under the authority of sections 503, 1111, and 7501 et seq. of title 31, United States Code, and Executive Orders 8248 and 11541.

3. Rescission and Supersession. This Circular rescinds Circular A-128,

"Audits of State and Local Governments," issued April 12, 1985, and supersedes the prior Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," issued April 22, 1996. For effective dates, see paragraph 10.

4. Policy. Except as provided herein, the standards set forth in this

Circular shall be applied by all Federal agencies. If any statute specifically prescribes policies or specific requirements that differ from the standards provided herein, the provisions of the subsequent statute shall govern.

Federal agencies shall apply the provisions of the sections of this Circular to non-Federal entities, whether they are recipients expending Federal awards received directly from Federal awarding agencies, or are subrecipients expending Federal awards received from a pass-through entity (a recipient or another subrecipient) .

This Circular does not apply to non-U.S. based entities expending Federal awards received either directly as a recipient or indirectly as a subrecipient.

5. Definitions. The definitions of key terms used in this Circular are

contained in § .105 in the Attachment to this Circular.

6. Required Action. The specific requirements and responsibilities of

Federal agencies and non-Federal entities are set forth in the Attachment to this Circular. Federal agencies

making awards to non-Federal entities, either directly or indirectly, shall adopt the language in the Circular in codified regulations as provided in Section 10 (below), unless different provisions are required by Federal statute or are aPProved by the Office of Management and Budget (OMS).

7. OMS Responsibilities. OMB will review Federal agency regulations and implementation of this Circular, and will provide interpretations of policy requirements and assistance to ensure uniform, effective and efficient implementation.

B. Information Contact. Further information concerning Circular A-133 may

be obtained by contacting the Financial Standards and Reporting Branch, Office of Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone (202) 395-3993.

9, Review Date. This Circular will have a policy review three years from

the date of issuance.

10, Effective Dates. The standards set forth in § .400 of the Attachment to this Circular, which apply directly to Federal agencies, shall be effective July 1, 1996, and shall apply to audits of fiscal years beginning after June

30, 1996, except as otherwise specified in § ,400(a).

The standards set forth in this Circular that Federal agencies shall apply to non-Federal entities shall be adopted by Federal agencies in codified regu1.ati1Cms not-later-than69 days-afterj?Ublicationof-thisfinal revision in the Federal Register, so that they will apply to audits of fiscal years

beginning after June 30, 1996, with the exception that § .305(b) of the

Attachment applies to audits of fiscal years beginning after June 30, 1998. The requirements of Circular A-128, although the Circular is rescinded, and the 1990 version of Circular A-133 remain in effect for audits of fiscal years beginning on or before June 30, 1996.

The revisions published in the Federal Register June 27, 2003, are effective for fiscal years ending after December 31, 2003, and early implementation is not permitted with the exception of the definition of oversight agency for audit which is effective July 28, 2003.

Augustine T. Smythe Acting Director

Attachment

2

PART_

Subpart Sec.

. 100 . 105

Subpart . 200 :205 . 210 . 215 . 220 . 225 . 230 . 235

Subpart . 300 . 305 . 310 . 315

. 320

--AUDITS OF STATES, LOCAL GOVERNMENTS, AND NON-PROFIT ORGANIZATIONS

A--General

Purpose . Definitions .

B--Audits

Audit requirements .

.. Basis for determinirrg Federal awards -expended.

Subrecipient and vendor determinations . Relation to other audit requirements . Frequency of audits .

Sanctions .

Audit costs .

Program-specific audits .

C--Auditees

Auditee responsibilities . Auditor selection . Financial statements . Audit findings follow-up . Report submission .

subpart D--Federal Agencies and Pass-Through Entities

.400 Responsibilities .

. 405 Management decision.

Subpart . 500 . 505 . 510 . 515 . 520 . 525 . 530

E--Auditors

Scope of audit . Audit reporting . Audit findings . Audit working papers .

Major program determination . Criteria for Federal program risk . Criteria for a low-risk auditee .

Appendix A to Part Appendix B to Part

- Data Collection Form (Form SF-SAC) .

- Circular A-133 Compliance Supplement.

3

Subpart A--General

5 __ .100 Purpose.

This part sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of non-Federal entities expending Federal awards.

5_.105

Definitions.

Auditee means any non-Federal ent~tytl1<iteJC:pendEl_Fede:ral awards which must be auditedundei thIs pait.

Auditor means an auditor, that is a public accountant or a Federal, State or local government audit organization, which meets the general standards specified in generally accepted government auditing standards (GAGAS). The term auditor does not include internal auditors of non-profit organizations.

Audit finding means deficiencies which the auditor is required by 5 __ .510 (a) to report in the schedule of findings and questioned costs.

CFDA number means the number assigned to a Federal program in the Catalog of Federal Domestic Assistance (CFDA).

Cluster of programs means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D),· student financial aid (SFA), and other clusters. "Other clusters" are as defined by the Office of Management and Budget (OMB) in the compliance supplement or as designated by a State for Federal awards the State provides to its subrecipients that meet the definition of a cluster of programs. When designating an "other cluster," a State shall identify the Federal awards included in the cluster and advise the subrecipients of compliance requirements applicable to the cluster, consistent

with 5 .400(d) (1) and 5 .400 (d) (2), respectively. A cluster of programs

shall be considered as one program for determining major programs, as described in 5 .520, and, with the exception of R&D as described in

5 .200(0), whether a program-specific audit may be elected,

Cognizant agency for audit means the Federal agency designated to carry

out the responsibilities described in 5 .400 (a) .

Compliance supplement refers to the Circular A-133 Compliance Supplement, included as Appendix B to Circular A-133, or such documents as OMB or its designee may issue to replace it. This document is available from the Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325.

Corrective action means action taken by the auditee that: (ll Corrects identified deficienciesi

(2) produces recommended improvementsi or

(3) Demonstrates that audit findings are either invalid or do not warrant auditee action.

Federal agency has the same meaning as the term agency in Section 551(l} of title 5, United States Code.

Federal award means Federal financial assistance and Federal costreimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities. It does

4

not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. Any audits of such vendors shall be covered by the terms and conditions of the contract. Contracts to operate Federal Government owned, contractor operated facilities (GOCOs) are excluded from the requirements of this part.

Federal awarding agency means the Federal agency that provides an award directly to the recipient.

Federal financial assistance means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance, but does not include amounts received as reimbursement for

services rendered to individuals as described in § .205(h) and § .205(i).

Federal program means:

(1) All Federal awards to a non-Federal entity assigned a single number in the CFDA.

(2) When no CFDA number is assigned, all Federal awards from the same agency made for the same purpose should be combined and considered one program.

(3) Notwithstanding paragraphs (1) and (2) of this definition, a cluster of programs. The types of clusters of programs are:

(i) Research and development (R&D); (ii) Student financial aid (SFA); and

(iii) "Other clusters," as described in the definition of cluster of programs in this section.

GAGAS means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.

Generally accepted accounting principles has the meaning specified in generally accepted auditing standards issued by the American Institute of Certified Public Accountants (AICPA).

Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Internal control means a process, effected by an entity'S management and other personnel, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:

(1) Effectiveness and efficiency of operations;

(2) Reliability of financial reporting; and

(3) Compliance with applicable laws and regulations.

Internal control pertaining to the compliance requirements for Federal programs (Internal control over Federal programs) means a process--effected by

5

an entity's management and other personnel--designed to provide reasonable assurance regarding the achievement of the following objectives for Federal programs:

(1) Transactions are properly recorded and accounted for to:

(i) Permit the preparation of reliable financial statements and Federal reports;

(ii) Maintain accountability over assets; and

(iii) Demonstrate compliance with laws, regulations, and other compliance requirements;

(2) Transactions are executed in compliance with:

(i) Laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on a Federal program; and

(ii) Any other laws and regulations that are identified in the compliance supplement; and

(3) Funds, property, and other assets are safeguarded against loss

from unauthorized use or disposition.

Loan means a Federal loan or loan guarantee received or administered by a non-Federal entity.

Local government means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate district, council of governments, and any other instrumentality of local government.

Major program means a Federal program determined by the auditor to be a

major program in accordance with 5 .520 or a program identified as a major

program by a Federal agency or pass-through entity in accordance with §_.21S{c) .

Management decision means the evaluation by the Federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a.written decision as to what corrective action is necessary.

Non-Federal entity means a State, local government, or non-profit organization.

Non-profit organization means:

(1) any corporation, trust, association, cooperative, or other organization that:

(i) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

(ii) Is not organized primarily for profit; and

(iii) Uses its net proceeds to maintain, improve, or expand its operations; and

(2) The term non-profit organization includes non-profit institutions of higher education and hospitals.

6

OMB means the Executive Office of the President, Office of Management and Budget.

Oversight agency for audit means the Federal awarding agency that provides the predominant amount of direct funding to a recipient not assigned a cognizant agency for audit. When there is no direct funding, the Federal agency with the predominant indirect funding shall assume the oversight responsibilities. The duties of the oversight agency for audit are described in 5_,400 (b) .

Effective July 28, 2003, the following is added to this definition:

A Federal agency with oversight for an auditee may reassign oversight to another Federal agency which provides substantial funding and agrees to be the oversight agency for audit. Within 30 days after any reassignment, both the old and the new oversight agency for audit shall notify the auditee, and, if known, the auditor of the reassignment. II

Pass-through entity means a non-Federal entity that provides a Federal award to a subrecipient to carry out a Federal program.

Program-specific audit means an audit of one Federal program as provided for in § __ : 200 (c) and § __ . 235.

Questioned cost means a cost that is questioned by the auditor because of an audit finding:

(1) Which resulted from a violation or possible violation of a

provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the use of Federal funds, including funds used to match Federal funds;

(2) Where the costs, at the time of the audit, are not supported by adequate documentation; or

(3) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances.

Recipient means a non-Federal entity that expends Federal awards received directly from a Federal awarding agency to carry out a Federal program.

Research and development (R&D) means all research activities, both basic and applied, and all development activities that are performed by a nonFederal entity. Research is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. Development is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes.

Single audit means an audit which includes both the entity's financial

statements and the Federal awards as described in § .500.

State means any State of the United States, the District of Columbia, the co~ealth of Puerto Rico, the virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the

7

Pacific Islands, any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe as defined in this section.

Student Financial Aid (SFA) includes those programs of general student assistance, such as those authorized by Title IV of the Higher Education Act of 1965, as amended, (20 u.s.c. 1070 et seg.) which is administered by the u.s. Department of Education, and similar programs provided by other Federal agencies. It does not include programs which provide fellowships or similar Federal awards to students on a competitive basis, Or for specified studies or research.

Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through entity to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Guidance on distinguishing between a subrecipient

and a vendor is provided in § .210.

Types of compliance requirements refers to the types of compliance requirements listed in the compliance supplement. Examples include: activities allowed or unallowed; allowable costs/cost prinCiples; cash management; eligibility; matching, level of effort, earmarking; and, reporting.

Vendor means a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a Federal program. These goods or services may be for an organization's own use or for the use of beneficiaries of the Federal program. Additional guidance on distinguishing

between a subrecipient and a vendor is provided in § .210.

Subpart B--Audits

§ __ .200 Audit requirements.

(a) Audit required. Non-Federal entities that expend $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the provisions of this part. Guidance on

determining Federal awards expended is provided in § .20S.

(b) Single audit. Non-Federal entities that expend $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in a year in Federal awards shall have a single audit conducted in accordance with § .500 except when they elect to have a program-specific audit conducted in a~rdance with paragraph (c) of this section.

(c) Program-specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's laws, regulations, or grant agreements do not require a financial statement audit of the auditee, the auditee may elect to have a program-

specific audit conducted in accordance with § .23S. A program-specific

audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit.

(d) Exemption when Federal awards expended are less than $300.000 ($500,000 for fiscal years ending after December 31(2003). Non-Federal

8

entities that expend less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) a year in Federal awards are exempt from Federal audi t requirements for that year, except as noted in § ·.215 (a>, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO).

(e) Federally Funded Research and Development Centers (FFRDC).

Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.

§_.20S

Basis for determining Federal awards expended.

(a) Determining Federal awards expended. The determination of when an

award is expended should be based on when the activity related to the award occurs. Generally, the activity pertains to events that require the nonFederal entity to comply with laws, regulations, and the provisions of contracts or grant agreements, such as: expenditure/expense transactions associated with grants, cost-reimbursement contracts, cooperative agreements, and direct appropriations; the disbursement of funds passed through to subrecipients; the use of loan proceeds under loan and loan guarantee programs; the receipt of property; the receipt of surplus property; the receipt or use of program income; the distribution or consumption of food commodities; the disbursement of amounts entitling the non-Federal entity to an interest subsidy; and, the period when insurance is in force.

(b) Loan and loan auarantees (loans). Since the Federal Government is at risk for loans until the debt is repaid, the following guidelines shall be used to calculate the value of Federal awards expended under loan programs, except as noted in paragraphs (c) and (d) of this section:

(1) Value of new loans made or received during the fisc,al year;

plus

(2) Balance of loans from previous years for which the Federal Government imposes continuing compliance requirements; plus

(3) Any interest subsidy, cash, or administrative cost allowance

received.

(c) Loan and loan guarantees (loans) at institutions of higher education. When loans are made to students of an institution of higher education but the institution does not make the loans, then only the value of loans made during the year shall be considered Federal awards expended in that year. The balance of loans for previous years is not included as Federal awards expended because the lender accounts for the prior balances.

(d) Prior loan and loan guarantees (loans). Loans, the proceeds of which were received and expended in prior-years, are not considered Federal awards expended under this part when the laws, regulations, and the provisions of contracts or grant agreements pertaining to such loans impose no continuing compliance requirements other than to repay the loans.

(e) Endowment funds. The cumulative balance of Federal awards for endowment funds which are federally restricted are considered awards expended in each year in which the funds are still restricted.

(f) Free rent. Free rent received by itself is not considered a Federal award expended under this part. However, free rent received as part

9

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