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<br /> <br /> <br /> <br /> 083109 <br /> <br /> <br /> environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA <br /> clearance or a final NEPA decision regarding this project. Prohibited actions include: Any activities that <br /> are not approved activities in this application package. This restriction does not preclude you from: <br /> performing specific activities that are approved in this application package. If you move forward with <br /> activities that are not authorized for federal funding by the DOE Contracting Officer in advance of the final <br /> NEPA decision, you are doing so at risk of not receiving federal funding and such costs may not be <br /> recognized as allowable cost share. <br /> If this award includes construction activities, you must submit an environmental evaluation <br /> report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA <br /> process. <br /> 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS <br /> Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or <br /> have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the <br /> recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of <br /> any of its facilities due to the performance of the work under this Agreement, whether said work was <br /> performed prior to or subsequent to the effective date of this Agreement. <br /> 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN <br /> RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) <br /> <br /> Preamble <br /> The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to <br /> preserve and create jobs and promote economic recovery, assist those most impacted by the recession, <br /> provide investments needed to increase economic efficiency by spurring technological advances in science <br /> and health, invest in transportation, environmental protection, and other infrastructure that will provide <br /> long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid <br /> reductions in essential services and counterproductive State and local tax increases. Recipients shall use <br /> grant funds in a manner that maximizes job creation and economic benefit. <br /> The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to <br /> governance, accountability, transparency, data collection and resources as specified in Act itself and as <br /> discussed below. <br /> Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS <br /> number (or updating the existing DUNS record), and registering with the Central Contractor Registration <br /> (CCR). <br /> <br /> Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete <br /> projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery <br /> Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must <br /> keep separate records for Recovery Act funds and to ensure those records comply with the requirements of <br /> the Act. <br /> The Government has not fully developed the implementing instructions of the Recovery Act, particularly <br /> .concerning specific procedural requirements for the new reporting requirements. The Recipient will be <br /> provided these details as they become available. The Recipient must comply with all requirements of the <br /> Act. If the recipient believes there is any inconsistency between ARRA requirements and current award <br /> terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. <br /> Definitions <br /> For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under <br /> <br /> <br /> Not Specified/Other 7 <br />