October 21, 2009 Page 1 

Clarifying Guidance for 

NIST ARRA Construction Grant Reporting 

1. Background: 

The Office of Management and Budget (OMB) issued Memorandum M-09-21 entitled: 

Implementing Guidance for the Reports on Use of Funds Pursuant to the American 

Recovery and Reinvestment Act of 2009 (OMB Memorandum). 

The memorandum transmitted government-wide guidance for carrying out the reporting 

requirements included in Section 1512 of the American Recovery and Reinvestment Act 

of 2009 (Recovery Act). The memorandum may be found at: 

http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-21.pdf

2. Purpose: 

This Guidance is issued to clarify reporting requirements listed in the OMB 

Memorandum as they apply for Awardees of NIST American Recovery and 

Reinvestment Act (ARRA) Construction Grant awards. This clarifying guidance is 

intended to supplement, and not be inconsistent with, the OMB Memorandum. 

3. Clarifications: 

a. The “Prime Recipient” in the OMB memo is considered to be the Awardee who 

has received the NIST ARRA Construction Grant. 

b. No sub-recipients or sub-awards have been proposed or approved in this 

construction grant program to date. Such designations therefore do not apply to 

these awards. 

c. Consistent with the referenced OMB memo, and its definitions of “vendor”, those 

business entities providing design, construction, or consultant services, or 

materials and equipment, are considered to be vendors. These goods or 

services are provided within normal business operations requisite to the 

construction of the Research Facility. There is no re-granting of funds in these 

awards. Vendors are not subject to the terms and conditions of the Federal 

financial assistance award. 
 

October 21, 2009 Page 2 

d. Since the OMB Memorandum does not provide for the delegation of ARRA 

reporting to vendors, Awardees may not delegate reporting responsibility to any 

vendor (designer, prime or sub- construction contractor, or consultant). 

4. Reporting Requirements: 

a. The Awardee is responsible for the reporting of all data required by Section 1512 

of the Recovery Act, Section 2.3 of the OMB Memorandum and this Guidance. 

Specifically, the Awardee is responsible as the “Prime Recipient” for reporting on 

data elements 1-17 on page 10 of the OMB Guidance. As necessary, 

information shall be aggregated from the Awardee and its designers, consultants, 

prime construction contractor and construction sub-contractors for data elements 

10-14. In addition, an Awardee is responsible for reporting data elements 1-3 

under “Recipient Vendors” on page 10 of the OMB Memorandum for contracting 

directly with the Awardee in amounts greater than $25,000. 

b. No waivers will be granted for any Awardee required to report under Section 

1512 of the Recovery Act. If an Awardee anticipates issues with meeting the 

reporting deadline, it should contact the Program Officer as soon as practicable 

to discuss how the reporting requirement will be met. 

c. Awardees shall aggregate reporting on payments to vendors of less than 

$25,000 in accordance with section 2.4 of the OMB Memorandum. 

d. All data contained in each quarterly recipient report will be cumulative in order to 

encompass the total amount of ARRA funds expended to date. 

e. These items are to be cumulatively reported each period no later than 10 days 

after the end of each calendar quarter (Beginning October 10, 2009). 

5. Consistent with the OMB Memorandum’s Section 5.3, Instructions for 

Reporting of ARRA Jobs Created: 

a. Provide data only for direct jobs created or retained by ARRA funding; do not 

attempt to report on the employment impact on materials suppliers and central 

service providers (so called “indirect jobs”) or on the local community (“induced 
 

October 21, 2009 Page 3 

jobs). For example, do not attempt to estimate jobs created or retained by directpurchases by either the Awardee or its vendors for materials or equipment. 

b. Direct jobs created or retained are to be reported under data element 13 on page 

10 of the OMB Guidance as aggregated for the Awardee and its vendors as 

follows: 

i. Jobs created or retained shall be reported as Full Time Equivalent (FTE) 

Jobs, which are calculated as total hours worked in jobs created or retained 

divided by the number of hours in a full-time schedule, as defined by the 

Awardee or its vendors (designers, consultants, prime construction 

contractor, and construction sub-contractors). See formula and example on 

page 35 of Section 5.3 of the OMB Memorandum. 

ii. Direct jobs created or retained shall be reported on a full-time equivalent 

basis for the entire reporting period. 

6. Consistent with the OMB Memorandum’s Section 4.9, 

NIST will need to review the reporting processes and procedures of Awardees. 

7. Follow-up: 

NIST Construction Grant ARRA Awardees may direct specific questions to:

Mike Diestel, PE 

Federal Program Officer 

Construction Grants Program 

Office of the Chief Facilities Management Officer, NIST 

 T | 301.975.8809 

 E | michael.diestel@nist.gov