10 CFR 602.14 - Fee.

§ 602.14 Fee.

(a) Notwithstanding 2 CFR part 200 as amended by 2 CFR part 910, a fee may be paid, in appropriate circumstances, to a recipient that is a small business concern, as qualified under the criteria and size standards of 13 CFR part 121, in order to permit the concern to participate in the Epidemiology and Other Health Studies Financial Assistance Program. Whether or not it is appropriate to pay a fee shall be determined by the contracting officer, who shall, at a minimum, apply the following guidelines:

(1) Whether the acceptance of an award will displace other work that the small business is currently engaged in or committed to assume in the near future; or

(2) Whether the acceptance of an award will, in the absence of paying a fee, cause substantial financial distress to the business. In evaluating financial distress, the contracting officer shall balance current displacement against reasonable future benefit to the company. (If the award will result in the beneficial expansion of the existing business base of the company, then no fee would generally be appropriate.) Fees shall not be paid to other entities except as a deviation from 2 CFR part 200 as amended by 2 CFR part 910, nor shall fees be paid under awards in support of conferences.

(b) To request a fee, a small business concern shall submit with its application a written self-certification that it is a small business concern qualified under the criteria and size standards in 13 CFR part 121. In addition, the application must state the amount of fee requested for the entire project period and the basis for requesting the amount and must also state why payment of a fee by DOE would be appropriate.

(c) If the contracting officer determines that payment of a fee is appropriate under paragraph (a) of this section, the amount of fee shall be that determined to be reasonable by the contracting officer. The contracting officer shall, at a minimum, apply the following guidelines in determining the fee amount:

(1) The fee base shall include the estimated allowable cost of direct salaries and wages and allocable fringe benefits. This fee base shall exclude all other direct and indirect costs.

(2) The fee amount expressed as a percentage of the appropriate fee base, pursuant to paragraph (c)(1) of this section, shall not exceed the percentage rate of fee that would result if a Federal agency contracted for the same amount of salaries, wages, and allocable fringe benefits under a cost reimbursement contract.

(3) Fee amounts, determined pursuant to paragraphs (c)(1) and (c)(2) of this section, shall be appropriately reduced when:

(i) Advance payments are provided; and/or

(ii) Title to property acquired with DOE funds vests in the recipient ( 2 CFR part 200 as amended by 2 CFR part 910).

(d) Notwithstanding 2 CFR part 200 as amended by 2 CFR part 910, any fee awarded shall be a fixed fee and shall be payable on an annual basis in proportion to the work completed, as determined by the contracting officer, upon satisfactory submission and acceptance by DOE of the progress report. If the project period is shortened due to termination, or the project period is not fully funded, the fee shall be reduced by an appropriate amount.

[ 60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 31 - MONEY AND FINANCE

§ 2051 - Research and development assistance

§ 5817 - Powers of Administrator

§ 5901 - Congressional statement of findings

§ 5902 - Congressional declaration of policy and purpose; implementation and administration of program by Secretary of Energy

§ 5903 - Duties and authorities of the Secretary

§ 5903a - Nonduplication of programs, projects, and research facilities

§ 5903b - Environmental and safety research, development, and demonstration program

§ 5903c - Moneys received by Secretary from fossil energy activity; payment into Treasury; reports to House and Senate Committees

§ 5903d - Clean coal technology projects; proposals, implementation, funding, etc.

§ 5904 - Research, development, and demonstration program governing principles

§ 5905 - Comprehensive planning and programming

§ 5906 - Federal assistance and participation in programs

§ 5907 - Demonstration projects

§ 5907a - Small grant program

§ 5908 - Patents and inventions

§ 5909 - Relationship to antitrust laws

§ 5910 - Repealed. Pub. L. 104–66, title II, § 2021(i), Dec. 21, 1995, 109 Stat. 727

§ 5911 - Acquisition of essential materials

§ 5912 - Water resource assessments

§ 5913 - Evaluation by National Institute of Standards and Technology of energy-related inventions prior to awarding of grants by Secretary; promulgation of regulations

§ 5914 - Omitted

§ 5915 - Authorization of appropriations

§ 5915a - Expiration of initial authorization to construct fossil energy demonstration plants

§ 5916 - Central source of nonnuclear energy information

§ 5917 - Repealed. Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936

§ 5918 - Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(5), Feb. 10, 1996, 110 Stat. 664

§ 5920

§ 7254 - Rules and regulations

§ 7256 - Contracts, leases, etc., with public agencies and private organizations and persons