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HomeMy WebLinkAboutEECBG-BIL-Reporting-GuidanceEECBG PROGRAM NOTICE 23-02 EFFECTIVE DATE: August 8, 2023 Subject: DOE Infrastructure Investment and Jobs Act Reporting Requirements for the Energy Efficiency and Conservation Block Grant (EECBG) Formula Program. Contents 1.0 PURPOSE ............................................................................................................................................. 2 2.0 SCOPE .................................................................................................................................................. 2 3.0 LEGAL AUTHORITY .............................................................................................................................. 2 4.0 REPORTING GUIDANCE FOR FORMULA GRANT RECIPIENTS ONLY .................................................... 3 4.1 Who is Required to Report ............................................................................................................. 3 4.2 Reporting Timeline .......................................................................................................................... 3 4.3 Report Details ................................................................................................................................. 7 4.4 Reporting Tools ............................................................................................................................... 9 4.5 Management of Subawards ............................................................................................................ 9 5.0 CLOSEOUT REPORTING ....................................................................................................................... 9 6.0 LIST OF DEFINITIONS ......................................................................................................................... 10 2 1.0 PURPOSE Provides Guidance to Energy Efficiency Conservation Block Grant (EECBG) Program Formula grant recipients on the requirements of reporting under the Infrastructure Investment and Jobs Act of 2021 (IIJA; Pub. L. No. 117-58). 2.0 SCOPE1 The provisions of this guidance apply to prime grant recipients (i.e., states, local governments, and Indian Tribes) named in the Application and Legal Requirements Documents as the recipients of financial assistance under the EECBG Formula Program and select sub-recipients as determined by the prime recipient. Recipients that choose to accept vouchers will have separate reporting guidelines. NOTE: This guidance applies to those performance metrics associated with IIJA-supported EECBG Program Activities, Historic Preservation reporting, financial and budget reports, Davis Bacon Act (DBA) reports as reported to DOE via the Performance and Accountability for Grants in Energy (PAGE) system; and National Environmental Protection Act (NEPA) quarterly activity reports submitted through the Performance Management Center (PMC). The financial and progress metrics and associated reporting instructions for the EECBG Program are outlined in this guidance. Reporting requirements include financial and process metrics for EECBG Program funded activities, as well as metrics and reporting specific to the IIJA. Specific requirements and reporting frequency is provided in each recipient’s Federal Assistance Reporting Checklist (FARC), which is issued to recipients with their Assistance Agreement (available via FedConnect upon notification by the Contracting Officer). 3.0 LEGAL AUTHORITY The EECBG Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200 and 2 CFR Part 910 and Section 40552 of IIJA. 1 The reporting activities and requirements are authorized under the DOE Information Collection Request (ICR) [202306-1910-001] for Financial Assistance, and a separate emergency ICR [ 202303-1910- 001] for IIJA reporting, which expires September 30, 2023. An extension of the ICR for IIJA has been requested from OMB. 3 4.0 REPORTING GUIDANCE FOR FORMULA GRANT RECIPIENTS ONLY New reporting requirements are in place for all IIJA programs. For EECBG Program traditional grant recipients (excluding voucher and competitive grant recipients), these requirements are fulfilled through reporting of data to DOE via the PAGE System, unless noted otherwise. Recipients should also review the Federal Assistance Reporting checklist distributed with their award for specific reporting requirements, including frequency of reporting. The following sections detail how EECBG Program recipients will collect, measure and report financial status and progress reports to DOE, including: 1. Identifying financial and programmatic metrics and performance indicators (process metrics) 2. Summarizing the timeline and reporting procedures for data reported to DOE 3. Detailing the reporting process for other re-occurring and one-time reports 4.1 Who is Required to Report Prime recipients, including lead applicants for teams, are responsible for reporting, and may, at their discretion, delegate the authority for reporting to sub-recipients through creation of user accounts in PAGE. However, regardless of how prime recipients decide to manage or delegate their reporting obligations and procedures, they ultimately retain the responsibility to ensure that reports are submitted accurately and on time. 4.2 Reporting Timeline All reports are required to be submitted to DOE via PAGE no later than the 30th day of the month following the end of the reporting period. DOE recognizes that as more accurate data becomes available, recipients may need to amend their regular reports after submission. Recipients will coordinate post-submission corrections of quarterly reports through their respective Project Officers. 4.2a Timeline Summary The following tables summarize the reports and their timelines. Additional detail on each report is available in the sections below. 4 Table 1. Reporting Summary for Grant Recipients with Awards Larger than $250,000 Timeline Name of Report Reporting submission Reporting Frequency Weekly Davis Bacon Act (DBA) payroll reports (Sec. 4.3a) Library. DBA tool for reporting available Quarterly for activities involving ground disturbance) (Sec.4.3b) www.energy.gov/nod e/4816816 Submitted to: EECBG.NEPA@ee.doe. • •April 1 – June 30, •July 1 – September 30, and •October 1 – December 31 Quarterly Performance Report (Sec. 4.3c) • •April 1 – June 30, •July 1 – September 30, and • Quarterly Federal Financial Reports (SF-425) (Sec. 4.3d) • •April 1 – June 30, •July 1 – September 30, and •October 1 – December 31 • Template (Sec. 4.3e) Library, not yet available • •April 1 – March 31, •July 1– June 30, or •October 1 – September 30 Annual Historic Preservation Reports (Sec. 4.3d) PAGE – not yet available September 15 One-Time One-time location report template (Sec. Library, not yet 5 Table 2. Reporting Summary for Grant Recipients with Awards Smaller than $250,000 (excluding Tribes) Timeline Reporting submission Reporting Frequency Weekly Davis Bacon Act (DBA) payroll reports (Sec. tool for reporting available later (required for activities involving ground disturbance) www.energy.gov/node/4816816 Submitted to: EECBG.NEPA@ee.doe.gov • • April 1 – June 30, • July 1 – September 30, and • October 1 – December 31 • Annual Report (Sec. 4.3c) • December 31 or • April 1 – September 30 and Annual Financial Reports (SF- 425) (Sec. • December 31 or • April 1 – September 30 and October 1 – March 31 Reporting Template (Sec. 4.3e) yet available • • April 1 – March 31, • July 1 – June 30, or • October 1 – September 30 Annual Historic Preservation Reports location report template yet available 6 Table 3. Reporting Summary for Tribal Grant Recipients Weekly Davis Bacon Act (DBA) payroll tool for reporting available later (required for activities involving ground disturbance) (Sec. www.energy.gov/node/4816816 Submitted to: EECBG.NEPA@ee.doe.gov • • April 1 – June 30, • July 1 – September 30, and October 1 – December 31 • Report (Sec. 4.3 c) • • April 1 – March 31, • July 1– June 30, or • October 1 – September 30 Annual Federal Financial Reports (SF-425) (Sec. 4.3d) • • April 1 – March 31, • July 1 – June 30, or • Template (Sec. 4.3e) yet available • • April 1 – March 31, • July 1 – June 30, or • October 1 – September 30 Annual Historic Preservation report template yet available 7 4.3 Report Details 4.3a Davis Bacon Act (DBA) Reporting The DBA applies to contractors and subcontractors of the recipient or sub-recipients for contracts more than $2,000 for the construction, alteration, and/or repair of public buildings or public works, including painting and decorating, where the United States or the District of Columbia is a direct party to the contract. Contractors and subcontractors funded in whole or in part under this Award shall pay their laborers and mechanics wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the Davis-Bacon Act (DBA). EECBG Program formula grant recipients will also be required to undergo DBA compliance training and maintain competency in DBA compliance. The Contracting Officer will notify the recipient of any DOE- sponsored DBA compliance trainings. DOL offers free Prevailing Wage Seminars several times a year that meet this requirement, at: https://www.dol.gov/agencies/whd/government- contracts/construction/seminars/events Weekly Payroll Report • EECBG prime recipients (grantees) must maintain an accurate record of hours worked and wages paid, including fringe benefit contributions, and submit certified payrolls on a weekly basis to DOE. Grantees are also responsible for tracking and maintain DBA records for all subcontractors and sub-recipients. Examples of labor compliance platforms available to help grantees streamline DBA reporting by contractors and subcontractors include: LCPtracker, eMARS, Elation Systems, and other third-party systems • EECBG Program recipients must ensure the timely electronic submission of weekly certified payrolls through the DOE-provided DBA software application as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because it is unable or limited in its ability to use or access. Applicants should indicate if they will seek a waiver. Semi-Annual Compliance and Enforcement Report • EECBG grantees must submit semi-annual reports on compliance and with the enforcement of the labor standards provision of the Davis-Bacon Act and its related acts covering the periods of October 1 through March 31 and April 1 through September 30 • Examples of labor compliance platforms available to help grantees streamline DBA reporting by contractors and subcontractors include: LCPtracker, eMARS, Elation Systems, and other third-party systems For more information about labor laws to include Davis Bacon Act and Build American Buy American contact BILLabor@hq.doe.gov. 4.3b NEPA Reporting Recipients should review the Federal Assistance Reporting Checklist and NEPA determination included in their award documents for NEPA and historic preservation reporting requirements. 8 All activities involving ground disturbance require quarterly NEPA log submittals. Template NEPA logs can be found at www.energy.gov/node/4816816. NEPA logs must be submitted to EECBG.NEPA@ee.doe.gov and the DOE Project Officer every quarter. Multiple entries can be listed on the NEPA log. If sub-recipients are conducting ground disturbing activities, those entries should also be reported in the NEPA log which the prime recipient can condense into one NEPA log or submit separately. Activities utilizing the Historic Preservation Programmatic Agreements must submit an annual Historic Preservation report. Reports are due September 15 of each year. Forms can be found on and submitted through the DOE PAGE platform found at www.page.energy.gov/. The Historic Preservation report must be submitted for all activities including activities conducted by the sub-recipient. 4.3c Performance Reporting The Performance Report includes activity status, milestones, financial metrics, process metrics, and qualitative descriptions. Performance reports must be submitted per each activity that a recipient pursues. Milestones will be determined by the recipient. The recipient will use these to track goals and overall progress. Financial metrics will consist of the outlays for each period. Qualitative descriptions will be for recipients to add notes for their project officer or add any supplemental information not conveyed through the process metrics. Process metrics: Attachment 1 lists all process metrics that recipients are required to report to the DOE via PAGE on a regular (quarterly, semi-annual, or annual) basis. Recipients will select their required primary metric to report on each quarter for each activity. They can also select additional applicable process metrics to report on. Please refer to Attachment 2 below for additional guidance on which process metrics would be best to report on based on the chosen activity(ies). In determining these metrics, recipients should consider the impact of funds for the entire project, including non-Federal funds in addition to EECBG Program funds. In this manner, DOE will be able to accurately measure the full impact of the program. Recipients are not responsible for reporting on metrics not associated with their project activities. The process metrics are made up of both standard programmatic metrics and metrics specific for IIJA funding. IIJA metrics allow DOE to evaluate the impact of the project activities submitted by recipients and encompasses energy savings, energy cost savings, renewable energy generation, and emissions reductions. The IIJA metrics are used to asses many different IIJA funded programs. 4.3d SF-425 The SF-425 must be submitted to PAGE quarterly for grants larger than $250,000, semiannually for local governments with grants under $250,000, and annually for Indian Tribes. This report consists of Federal Cash, Federal Expenditures and Unobligated Balance, Recipient Share, Program Income, and Indirect Expenses and will cover the entirety of work performed by the prime recipient, sub-recipients, and contractors to DOE. 9 4.3e Jobs Report Template Recipients must complete and upload the jobs template (coming soon) that will be available for download from the PAGE site or the EECBG formula application hub on an annual basis. Once available, the report will be uploaded to the PAGE document library. The report focuses on good jobs provided to employees through EECBG Program funds. 4.3f One-time Project Location Report In addition to the quarterly, semi-annually, and annually reporting of metrics, there is a one-time special status report requirement for recipients with projects that take place in specific physical locations. The eligible activities that would be most applicable to the One-time Location Report are noted in Attachment 2. This report is required for all EECBG Program formula recipients pursuing activities mapped to this report, including projects benefitting disadvantaged communities. This report would be best completed during the first year of the award. 4.4 Reporting Tools PAGE is the online system (www.page.energy.gov) that provides all EECBG Program formula grant recipients with the ability to electronically submit and manage grant performance and financial information. Training tools to familiarize users with PAGE are accessible via the ‘Training Videos,’ ‘FAQs,’ and the ‘Help’ tabs on the page site. Additional webinars may become available as well. The Project Management Center (PMC) is the online system where EECBG Program formula grant recipients will submit Quarterly NEPA logs (if applicable). DOE's Davis Bacon tool (DBA tool): recipients will be notified when the DBA tool for recipients to submit jobs data and assist with the weekly payroll reports becomes available. Additional information on DBA reporting, including the platform and instructions for submitting reports, will be distributed to recipients once the reporting tool and associated systems become available. 4.5 Management of Subawards Since October 1, 2010, prime recipients must register with the new Federal Funding Accountability and Transparency Act (FFATA) Subaward reporting System (FSRS) database and report the required data on their first-tier sub-recipients. Prime recipients must report the executive compensation for their own executives as part of their registration profile in SAM. These administrative requirements are necessary for DOE grants and cooperative agreements to comply with the Federal Funding and Transparency Act of 2006 (FFATA). The requirements are contained in 2 CFR Part 170. 5.0 CLOSEOUT REPORTING Grant awards will consist of a Project and Budget Period up to two years for local governments and Tribes, and up to three years for states, with options for extensions upon approval by the DOE Contracting Officer. All final reports, including financial and progress reports, are due no later than 90 calendar days after the end of the award period of performance. Per the DOE Guide to Financial Assistance (Department of Energy guide to financial assistance): "The non-Federal entity must submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as 10 required by the terms and conditions of the Federal award. The DOE or pass-through entity may approve extensions when requested by the non-Federal entity.” 6.0 LIST OF DEFINITIONS • Non-Federal funds: Funds used in execution of an IIJA-supported project that do not come from DOE or any other Federal entity. • Cost sharing or matching: Funds used to ‘match’ another Federal project • Grant recipient: Recipients that have chosen to receive a traditional DOE grant • Leveraged funds: Financial commitment towards the cost of a project other than the grant • Obligations: Refers to the binding commitment of IIJA funds by the recipient to the other entities for the execution of projects. This figure is inclusive of funds already spent (i.e., outlays) and commitments outstanding but not invoiced or otherwise liquidated. This figure should include any loans or grants disbursed by the recipient but not included by the recipient outlays. • Outlays (expenditures): Funds dispersed by either the Federal Treasury to the recipient or award funds spent or expended by the recipient or sub-recipient • Program income: Funds added to the award amount not originally accounted for • Project cost: Total allowable costs under award • Prime recipients: Refers to a non-Federal organization receiving IIJA funding (e.g., grants, loans, or cooperative agreements) directly from the Federal Government. • Sub-recipient: Refers to a non-Federal organization that receives IIJA funds from a prime recipient to carry out a Federal program – not a direct program beneficiary. • Unliquidated obligations: Costs that have been incurred, but not paid • Vendor: Individual or business that provides goods and services within standard business operations • Voucher recipient: Recipients that have chosen to receive a voucher for technical assistance and/or an equipment rebate instead of a traditional grant Signature: Michael Li Deputy Director, Community Energy Programs Office of State and Community Energy Programs Attachments 1. EECBG Process Metrics (Attachment 1.) 2. Eligible Activity Areas and their Recommended Process Metrics (Attachment 2.) Note: we encourage recipients to choose the primary metrics that their activity is mapped to. However, if there is another metric area that aligns closer with the recipient’s activity, where the best data can be collected, please select it. If you have 11 questions about which process metrics to select, please reach out to your project officer. 3. NEPA quarterly reporting log template Draft a. NEPA Log with a Historic Preservation Programmatic Agreement (Attachment 3a.) b. NEPA Log without a Historic Preservation Programmatic Agreement (Attachment 3b.) 4. Template for One-Time Location Report (Attachment 4.) – Coming soon 5. Jobs Report Template (Attachment 5.) – Coming soon