The Commissioner may authorize at the time of the grant award, or subsequently, contracting arrangements in connection with a program or project where he determines that such contracts will not be inconsistent with the objectives of the program or project, applicable provisions of the Act and this part, or other applicable Federal requirements. [34 F.R. 8110, May 23, 1969] § 151.23 Animal care. In any program or project financed in whole or in part with Federal funds where research animals are utilized, every precaution to assure proper care and humane treatment of research animals shall be taken. The Commissioner may, with the approval of the Secretary, transfer funds appropriated under section 3 of the Act to any other Federal agency (including any other constituent agency of the Department of Health, Education, and Welfare) for use by that agency for purposes for which the Commissioner could expend such funds under section 2 of the Act. Such a transfer will be made in accordance with an agreement between the Commissioner and the transferee agency and the transferred funds may be used by the agency alone, or in combination with its own funds. The Commissioner may also accept and expend funds transferred from any other Federal agency (including any other constituent agency of the Department of Health, Education, and Welfare) for the purposes stated in section 2 of the Act. [34 F.R. 8110, May 23, 1969] Subpart C-Training § 151.25 Eligible parties. Only universities and colleges and other public or private agencies, institutions, and organizations are eligible parties under this subpart, except that no grant may be made to a private agency, institution, or organization other than a nonprofit one. [34 F.R. 8110, May 23, 1969] a Grants may be made by the Commissioner pursuant to section 2(b) of the Act and this subpart to eligible parties for the purposes of developing and strengthening their training staffs and curricular capabilities for such training. The Commissioner may authorize the use of such grants for the purpose of establishing and maintaining research traineeships, internships, personnel exchanges, and pre- and post-doctoral fellowships. Where the grantee is State educational agency, it may provide such programs directly, or through arrangements with public or other nonprofit agencies, institutions, or organizations. No training grant will be made for training in sectarian instruction or for work to be done in an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. § 151.27 Stipends and allowances. In connection with training grants made under the Act and this Subpart, the Commissioner may authorize the payment of stipends and allowances (including but not limited to allowances for travel, dependents, and institutional allowances) in such amounts as he shall determine to be appropriate for a particular training program. Subpart D-National and Regional Research Facilities § 151.28 Eligible parties. Only a college or university or a public or private nonprofit agency, institution, or organization, or any combination of these, competent to engage in the national or regional research related activities for which a facility is to be constructed pursuant to the Act and this subpart is an eligible party under this subpart. § 151.29 Assurances. As a condition to the approval of a construction grant, the applicant shall furnish an assurance acceptable to the Commissioner that: (a) The applicant has the necessary legal authority to apply for and receive a construction grant and to construct, maintain, and operate the proposed facility in accordance with the provisions of the Act and this part. (b) The applicant has or will have a fee simple or such other estate or interest in the proposed facility site, including access thereto, sufficient in the opinion of the Commissioner to assure undisturbed use and possession for the purpose of construction and operation of the proposed facility for a period of not less than fifty years from the date of acceptance of the award. (c) The applicant has on hand, or is assured of obtaining sufficient funds to meet the non-Federal share of the cost of construction if the construction application requests or is approved for less than 100 percent of the cost of construction. (d) The facility will be used only for research and research related purposes in accordance with the Act and this part for its useful life. (e) No portion of the facility financed in whole or in part with Federal funds will be used for religious worship or sectarian instruction or for research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemination of information derived therefrom. [30 F.R. 13638, Oct. 27, 1965, as amended at 34 F.R. 8110, May 23, 1969] § 151.30 Fixed price contracts and competitive bidding. Actual construction work is to be performed under fixed price contracts; competitive bidding will be invited prior to awarding the construction contract, either by public advertising or by obtaining three or more bids; the contract will be awarded to the responsible bidder submitting the lowest acceptable bid; and the concurrence of the Commissioner will be obtained before awarding a construction contract. § 151.31 Contract performance bonds. The grantee shall require the contractor to furnish a performance bond in the amount of the contract price and a payment bond in the amount of at least one half of the contract price and shall itself, or require the contractor to maintain during the life of the contract adequate fire, workmen's compensation, public liability and property damage insurance (unless applicant furnishes evidence of other acceptable arrangements for any and all such insurance). [34 F.R. 8110, May 23, 1969] § 151.32 Davis-Bacon Act. The grantee shall comply with the requirements of the Davis-Bacon Act and shall include the following in its construction contracts or subcontracts supported in whole or in part by Federal funds: (c) All laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15); and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). The grantee shall comply with the Copeland Act, and shall include the following in its construction contracts supported in whole or in part by Federal funds. The Contractor will comply with the regulations applicable to contractors and subcontractors (29 CFR Part 3, copy of which is attached) issued by the Secretary of Labor pursuant to the Copeland Act, as amended (48 Stat. 948; 62 Stat. 862; 63 Stat. 108; 72 Stat. 967; 40 U.S.C. 276c), and any amendments, or modifications thereof, will cause appropriate provisions to be inserted in subcontracts to insure compliance thereto, and will be responsible for the submission of statements required of subcontractors thereunder, except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. § 151.39 Change requests. § 151.34 Equal employment opportunity. In all contracts in excess of $10,000 financed in whole or in part with Federal funds, the grantee will include the contract clauses relating to nondiscrimination in employment as required by and set forth in the rules and regulations in effect under Executive Order 11246. § 151.35 Conflict of interest. No officer or employee of the grantee or any firm, organization, corporation or partnership which such officer or employee controls or directs shall receive funds from the grantee for payment for services provided in connection with the planning, design, construction or equipping of a facility. § 151.36 Commissioner's approval. Approval of the final working drawings and specifications will be obtained from the Commissioner before the construction covered by the application is advertised or placed on the market for bidding. § 151.37 Initiation of construction. If the application for a construction grant is approved, the construction financed in whole or in part by the construction grant will be commenced within six months from date of acceptance of the construction grant by the applicant provided that a longer period for commencement of construction may be approved by the Commissioner for good cause shown. § 151.38 Construction supervision. The grantee shall be responsible for on-site supervision of the construction project and compliance with all applicable Federal, State, and local laws. Architectural or engineering supervision and inspection will be provided for by the grantee at the construction site to insure that the completed work conforms with the approved plans and specifications, and "as built" drawing will be made available to the Commissioner upon completion of the project. Any time prior to completion of construction a grantee desires to make changes in the project which will affect the nature or scope of the project he shall inform the Commissioner in writing of such proposed change and no such change shall be made without prior approval of the Commissioner who may make such adjustments, arrangements or conditions as he deems necessary or desirable. § 151.40 Inspection. Representatives of the U.S. Office of Education and such other persons as the Commissioner may designate will have access at all reasonable times to work wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and inspection. § 151.41 Warranty period. All construction contracts shall contain a provision holding the contractor responsible for the quality of the construction for three years after acceptance of a facility. § 151.42 Progress reports. The construction applicant will furnish progress reports and such other information relating to the proposed construction grant as the Commissioner may require. § 151.43 Payment schedule. Payment of Federal funds on approved construction projects shall be made by the Commissioner upon request of the applicant, either in advance or by way of reimbursement according to schedules established by the Commissioner and based upon the completion of stages of construction as indicated by the inspection and progress reports earlier mentioned. Payment of the final installment of 10 percent of the Federal grant will be withheld until final inspection of the facility and approval of a final audit of the completed project. § 151.45 Transfer of title. The Commissioner may transfer title to any facility constructed pursuant to the Act and this subpart, if such title is vested in the United States, to any eligible party specified in § 151.29 subject to the condition that the facility will be operated for the purposes for which it was constructed and subject to such other conditions as the Commissioner may deem necessary to carry out the objectives of the Act and to protect the interest of the United States. § 151.46 Competitive equipment bids. Equipment not included in the basic construction contract will be procured by competitive bidding either by public advertising or by obtaining three or more bids, unless other procurement methods are required by State or local laws. § 151.47 Determination of equipment. For the purpose of establishing the distinction between equipment and expendable supplies, for any item listed in pp. 101-121 (Alphabetical List of Supplies and Equipment) of the U.S. Department of Health, Education, and Welfare, Office of Education, Bulletin 1959, No. 22, the determination between equipment or expendable supply item as contained therein shall apply. Subpart E- Experimental Schools SOURCE: The provisions of this Subpart E appear at 37 F.R. 9671, May 16, 1972, unless otherwise noted. educational practices, and products of educational research; or (b) through a comprehensive design that provides significant new approaches and alternatives to current educational structures, programs, practices, and performances. § 151.52 Eligible applicants; applications. (a) Assistance under this subpart will be made available only upon submission of an application (which may be in the form of a letter of interest) meeting the requirements of § 151.4 at such time or times, and in such manner, as the Commissioner deems necessary. One or more eligible parties may apply for assistance under a single application pursuant to a cooperative arrangement. In addition to such other information as the Commissioner may require, an application under this subpart shall set forth the goals of the project, including (1) the educational problems to be addressed, and (2) the kind and purpose of the learning experiences to be provided. (b) [Reserved] (c) An applicant for assistance under this subpart must demonstrate, to the satisfaction of the Commissioner, that such applicant is capable and competent to design and successfully implement a project thereunder. § 151.53 Geographic scope of project. Assistance may be available under this subpart for an experimental schools project which may be carried out in one or more school districts, counties, States, or other political subdivisions. (5) The applicant has provided satisfactory assurance that effective procedures, including provision for appropriate objective measurements of educational achievement, will be adopted for the continuing evaluation of the effectiveness of the project in meeting its stated goals; (6) The applicant has provided satisfactory assurance that it will furnish to the Commissioner such information and reports as he may deem necessary for the administration of the program. (7) [Reserved] (b) The project shall involve a comprehensive educational program whose elements are compatible with, and mutually reinforcing of, its goals. Such elements shall include, but not be restricted to: (1) The nature and substance of the curriculum; (2) The nature, role, and organization of staff and necessary staff training; (3) The use of time and space, including possible variations in the length of the school day, school year, or the numbers of years required of participants in the project; (1) Serve communities of learners who are from low income families (as determined by the Commissioner); (2) Are designed to serve members of the community who are not achieving or have not achieved educational success. § 151.56 Federal financial participation. (a) Federal financial assistance to public agencies, institutions, or organizations under this subpart for any given period may not exceed the difference between (1) the total cost of the project and (2) the number of students in the project multiplied by the average per pupil expenditure (as determined by the Commissioner) for the area to be served with respect to such period. Assistance to any other eligible party under this subpart may be limited by the Commissioner to an amount which is less than the total cost of the project. In making such a determination, the Commissioner may take into account such factors as the party's financial ability to contribute to the cost of the project. (b) An applicant for assistance under this subpart must establish that it has, or will have, the resources to continue the project without Federal support at the expiration of the demonstration period. (4) An administrative and organizational structure consistent with and supportive of the program; and (5) An evaluation design and strategy for its implementation. § 151.55 [Reserved] § 151.55-1 Priorities. In considering applications under this subpart, in addition to the criteria set forth in § 151.7, the Commissioner shall give priority to applications otherwise meeting the applicable requirements contained in this part which Bound students. Costs eligible for Federal support. Amount of the Federal share. AUTHORITY: The provisions of this Part 155 issued under sections 408, 1201-1204, 79 Stat. 1235, 1269-70 as amended; 20 U.S.C. 1068, 1141-1144. SOURCE: The provisions of this Part 155 appear at 35 F.R. 7257, May 8, 1970, unless otherwise noted. 84-006-72-18 |