U.S. DEPARTMENT OF COMMERCE

NATIONAL INSTITUTE OF STANDARDS and

TECHNOLOGY

STANDARD TERMS AND CONDITIONS

FOR EXTRAMURAL CONSTRUCTION PROJECTS

October 4, 2023
Table of Contents

PART I - GENERAL PROVISIONS................................................................................................................ 3

A. Purpose..................................................................................................................................................... 3

B. Standard.................................................................................................................................................... 3

C. Authority .................................................................................................................................................. 3

D. Regulation................................................................................................................................................. 4

E. Variance ................................................................................................................................................... 4

F. Schedule ................................................................................................................................................... 4

G. Budget ...................................................................................................................................................... 5

H. Application and Award Acceptance ......................................................................................................... 5

I. Grant Administration................................................................................................................................ 6

J. Grant Execution........................................................................................................................................ 6

K. Record-Keeping........................................................................................................................................ 7

L. Freedom of Information Act..................................................................................................................... 7

M. Audit......................................................................................................................................................... 8

N. Definitions................................................................................................................................................ 8

O. Standard Terms ........................................................................................................................................ 8

P. Project Management Conference ........................................................................................................... 10

Q. Protection of Whistleblowers................................................................................................................. 10

PART II - REQUIREMENTS FOR NIST CONSTRUCTION PROJECTS.................................................. 11

A. Safety...................................................................................................................................................... 11

B. Property .................................................................................................................................................. 11

C. Environment........................................................................................................................................... 13

D. Contract Standards ................................................................................................................................. 14

E. Build America, Buy America................................................................................................................. 17

F. Design .................................................................................................................................................... 20

G. Architect/Engineer Agreement............................................................................................................... 20

H. Alternate Methods of Construction Procurement................................................................................... 21

I. Services Performed by Recipient Forces................................................................................................ 21

J. Bid Documents....................................................................................................................................... 22

K. Award Documents.................................................................................................................................. 23

L. Protest Procedures.................................................................................................................................. 24
M. Construction ........................................................................................................................................... 24

N. Site Visits............................................................................................................................................... 25

O. Reporting................................................................................................................................................ 25

P. Cost Sharing ........................................................................................................................................... 28

Q. Termination Actions............................................................................................................................... 28

R. Project Closeout ..................................................................................................................................... 28

APPENDIX A............................................................................................................................................. 30

A. References.............................................................................................................................................. 30
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PART I - GENERAL PROVISIONS

A. Purpose

The financial assistance award (the Award), executed by the National Institute of 

Standards and Technology (NIST) and the recipient (Recipient), is awarded for the 

purpose of carrying out construction, to include any related study, planning, design, 

and commissioning of the physical infrastructure specifically set forth in the Award’s 

approved project narrative (scope of work).

B. Standard

The Recipient must administer this Award in conformance with the terms and conditions of

the Award; including any properly executed amendment thereto, these NIST Standard 

Terms and Conditions for Extramural Construction Projects (NIST Construction STCs), 

any specific award conditions (SACs) incorporated into the Award, the Department of 

Commerce (DOC) Financial Assistance Standard Terms and Conditions, dated 12 

November 2020, as may be periodically amended (DOC Standard Terms and Conditions), 

the provisions of the Office of Management and Budget (OMB) Uniform Administrative 

Requirements, Cost Principles, and Audit Requirements for Federal Awards codified at 2

CFR part 200 (OMB Uniform Guidance), as well as applicable Federal statutes, regulations,

and Executive Orders (collectively, Terms and Conditions).

Any inconsistency or conflict in Terms and Conditions specified in the Award will be 

resolved according to the following order of precedence: federal laws and regulations, 

applicable notices published in the Federal Register, Executive Orders, OMB circulars, DOC 

Standard Terms and Conditions, NIST Construction STCs, and specific award conditions. A 

specific award condition may amend or take precedence over a Standard Term on a case-bycase basis, when indicated by the specific award condition.

C. Authority

As an agency of DOC, NIST may award Federal financial assistance for construction 

when authorized by law. NIST funding of construction is allowable when legislation, 

including but not limited to program legislation, includes specific authority for 

construction or when the DOC specifically authorizes construction activity.

The DOC, NIST, or OMB may issue changes to the regulations and other policies and 

requirements that apply to this Award. Such changes may increase administrative or 

programmatic flexibility in administering this Award in a manner that is mutually 

beneficial to NIST and the Recipient. In addition, if required by law, these changes may 

impose new requirements. The implementation of any such regulatory, administrative, or 

programmatic change in administering this Award will require the prior written approval 

of NIST.

These NIST Construction STCs apply to the Award as of the Federal award date, as 
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defined at 2 CFR § 200.1, or, if attached to the Award by amendment, as of the effective 

date of such amendment. These NIST Construction STCs shall not apply to awards 

issued under the CHIPS Incentives Program.

D. Regulation

This award is subject to the laws and regulations of the United States. These NIST 

Construction STCs are issued to execute financial assistance for construction administered

by NIST in conformance with all applicable laws and regulations.

E. Variance

While NIST policy is to administer all awards uniformly, circumstances may warrant a 

variance. To accommodate these circumstances and to encourage innovative solutions, 

NIST will consider requests for variances to the procedures set out in these NIST 

Construction STCs if they do not conflict with applicable Federal statutory and regulatory 

requirements, are consistent with the goals of NIST’s programs, and comply with the intent 

of the Award. Any approved variance will be implemented through a specific award 

condition incorporated under the Award.

F. Schedule

The Recipient is responsible for implementing the Project in accordance with the

development time schedule contained in the SACs. Any extension to the Award’s Period of 

Performance can only be authorized by the Grants Officer in writing. The Recipient must

notify the Program Officer immediately of any potential or anticipated delay to the 

schedule. The Recipient’s notice must contain the following:

1. An explanation of the Recipient’s inability to complete work by the specified date

(e.g., a lengthy period of unusual weather delayed the contractor’s ability to 

excavate the site, major re-engineering required in order to obtain State or Federal 

approvals, unplanned environmental mitigation required);

2. A statement describing any other contemplated changes to the Project;

3. Documentation that demonstrates there is still a bona fide need for the Project; and

4. A statement that no further delay is anticipated and that the Project can be completed 

within the revised time schedule.

In accord with 2 CFR § 200.339, NIST reserves the right to withhold disbursements 

while the Recipient is not in compliance with the time schedule and to suspend or

terminate this Award if the Recipient fails to proceed in good faith and with 

reasonable diligence to accomplish the Project as intended.

Any change to the Award to extend the period of performance is at the discretion of NIST
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and, if approved, will be set forth in a written amendment executed by the Grants Officer.

G. Budget

The NIST-approved budget incorporated into this Award is the budget plan for the Project.

NIST has no obligation to provide any additional funding in connection with the Award.

The Recipient must notify NIST of a deviation from the budget in accordance with 2 CFR § 

200.308 (Revision of budget and program plans). For construction, the recipient must 

request prior written approval promptly from NIST for budget revisions whenever the 

following applies:

1. The revision results from change in the scope or the objective of the project or program.

2. The need arises for additional Federal funds to complete the project.

3. A revision involves specific costs for which prior written approval 

requirements may be imposed consistent with applicable OMB cost principles listed in 

subpart E of the Uniform Guidance

The Recipient mustsubmit all requests to ugam@nist.gov for Program Officer concurrence and Grants 

Officer approval. A final determination on requests for budget revision will be issued in 

writing by the NIST Grants Officer.

If prior written approval is not required under 2 CFR § 200.308, the Recipient may, without 

requirement, request the review of the Grants Officer for guidance on proposed revisions to

the budget. 

The recipient must notify NIST of any program income for consideration and budget 

accommodation in accord with the 2 CFR § 200.307 (Program income).

H. Application and Award Acceptance

By accepting this Award, the Recipient’s authorized representative hereby reaffirms and

states that:

1. All data in the Application were true and correct when the Application was submitted

and remain true and correct as of the Federal award date;

2. The Application was, as of the date of submission and the Federal award date, duly

authorized as required by local law by the governing body of the Recipient; and

3. The Recipient has read, understood, and will comply with all terms of this Award,

including the assurances and certifications submitted as part of the Application 

(including assurances submitted through the System for Award Management 

(SAM.gov)).
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Acceptance of the Award is established by any action on the part of the Recipient 

indicating an intent to accept the Award, including by signing the Financial Assistance 

Award (Form CD-450) (either via a “wet” or electronic signature) or by requesting 

any disbursement of Award funds. “Application” means all forms, documentation, and

any information submitted to NIST as part and in furtherance of a request for an

Award and includes submissions made in response to any request by NIST after 

submission of the initial Application.

I. Grant Administration 

NIST will assist the Recipient by providing information and guidance on the Federal 

requirements for the Award. To appropriately administer the Award, NIST utilizes the 

Program Office and Grants Management Office.

The Program Office and Program Officer reside in the Division of Design and 

Construction under the Office of Facilities and Property Management at NIST. The 

Program Officer serves as the primary point of contact to the Recipient, focused upon

the technical aspects of the program, in support of all aspects of the Award necessary 

for construction.

The NIST Construction STCs document is maintained by the Construction Grants 

Program Office. Questions concerning this document, interpretation of grant and 

cooperative agreement policy or the applicability of certain policies should first be 

directed to the Program Officer. 

The Grants Office and Grants Officer reside in the Grants Management Division under 

the Office of Acquisition and Agreements Management in NIST. This office serves the 

business management aspects of grant administration, including maintenance of 

official files and receipt of most required reports from the Recipients. The Grants 

Officer is the NIST official authorized to award grants and cooperative agreements and 

make decisions on requests for any changes to or revisions of any aspect of awards, 

including but not limited to, terms and conditions and budget.

The NIST Financial Assistance Reference Guide (https://www.nist.gov/oaam/grantsmanagement-division/financial-assistance-reference-guide) is a companion document,

maintained by the Grants Office. The Financial Assistance Reference Guide provides 

information on the essential elements and most commonly asked questions of NIST 

financial assistance recipients. The guide contains a multitude of carefully selected 

topics designed to assist the NIST grant and cooperative agreement community from 

acceptance of the award to reporting requirements to amendments and prior approvals 

during the award to close-out procedures after award completion.

J. Grant Execution

The Recipient, a Non-Federal Entity, will provide the resources and experience

necessary to carry out the award. The Recipient shall designate an office of 
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responsibility within the organization and a primary point of contact within such

office.

The Recipient is responsible for supervising the design, bidding, construction, and 

operation of construction projects in compliance with all applicable permits, local, 

State, and Federal laws and ordinances, OMB Uniform Guidance, DOC Standard 

Terms and Conditions, these NIST STCs, any specific award conditions, and any 

requirements incorporated by reference into the Award.

K. Record-Keeping

The Recipient must maintain records that document compliance with the terms and 

conditions of this Award. At a minimum, the Recipient’s records must fully disclose:

1. The amount and disposition of all NIST funding under the Award;

2. All Project expenditures and procurement actions;

3. The total cost of the Project that the Award funds;

4. Copies of all reports and disbursement requests submitted to NIST;

5. The benefits/impacts of the Project, as reported through GPRA and other reports;

6. The amount and nature of the portion of Project costs provided by non-NIST sources;

7. Contractor compliance with applicable Federal requirements;

8. Compliance with the Award’s Buy America requirements; and

9. Such other records as NIST requires the Recipient to maintain, including such

records as will facilitate an effective audit.

In general, and in accordance with 2 CFR § 200.334 (Retention requirements for records),

all records pertinent to this Award must be retained for a period of three years from the date

of submission of the final Project expenditure report. The Recipient is responsible for 

monitoring any subrecipients and contractors to ensure their compliance with the records 

retention requirements. The Recipient must immediately notify the Program Officer if

records are lost. See 2 CFR §§ 200.331 – 200.333 (Subrecipient Monitoring and 

Management).

L. Freedom of Information Act

NIST is responsible for meeting its Freedom of Information Act (FOIA) (5 U.S.C. § 552) 

responsibilities for its records. DOC regulations at 15 CFR part 4 set forth the requirements

and procedures that NIST must follow in order to make the requested material, information, 
8

and records publicly available. Unless prohibited by law and to the extent required under 

the FOIA, contents of Applications and other information submitted by applicant and 

Recipient may be released in response to a FOIA request. The Recipient should be aware 

that NIST may make certain Application and other submitted information publicly available.

Accordingly, as set forth in 15 CFR § 4.9 (Confidential commercial information), the 

Recipient should identify any information it believes to be protected from disclosure 

pursuant to 5 U.S.C. § 552(b)(4).

M. Audit

The Recipient must comply with the audit requirements set out as subpart F to 2 CFR part

200 (Audit Requirements) and in Section D. of the DOC Standard Terms and Conditions.

Generally, if the Recipient expends $750,000 or more in Federal awards during the 

Recipient’s fiscal year, the Recipient must have a single or program-specific audit

conducted for that fiscal year.

N. Definitions

Capitalized terms and acronyms used but not otherwise defined in these NIST

Construction STCs have the meaning ascribed to them in 2 CFR § 200.1 (Definitions).

O. Standard Terms

The following standard terms apply to this Award:

1. Compliance - The Recipient shall comply, and must require each subrecipient or 

contractor, including lower tier subrecipients or subcontractors, to comply with all 

applicable Federal, state, and local laws and regulations.

2. Notice of Federal Interest - The Recipient holds grant funds and any property acquired 

or improved with NIST assistance in trust for the public purposes of an Award. The 

Recipient’s obligation to the Federal Government continues for the estimated useful life 

of the Project, as determined by NIST, during which NIST retains an undivided 

equitable reversionary interest (the Federal Interest) in property acquired or improved, 

in whole or in part, with NIST investment assistance. The requirement that property 

purchased or improved with Federal funds continue to be used for the original statutory 

purpose for which it was acquired is embodied in the Uniform Guidance at 2 CFR §§ 

200.310 - .316 (Property Standards); see herein Part II B.1. (Title).

3. Land, Easements, and Rights of Way - The Recipient must disclose all pre-existing or 

contemplated encumbrances to the Program Officer as they pertain to real property that 

will be acquired or contributed by a recipient or subrecipient pursuant to a DOC 

construction award. Unless otherwise determined by the Grants Officer, NIST will not 

accept any encumbrance that interferes with the construction, intended use, operation, 

or maintenance of, or the Federal Interest in, the project during its estimated useful life. 

Unless otherwise provided for in the award, prior to grant of the award and 
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commencement of construction, or when requested by the operating unit, the Recipient 

must furnish evidence, satisfactory in form and substance to the Program Officer, that 

title to real property is vested in the recipient, and that it has obtained any rights-ofway, easements, State and local government permits, long-term leases, or other property 

interests. 

4. Relocation Assistance - The provisions of the Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 1970, as amended, (Pub. L. No. 91-646; 42 U.S.C. 

§ 4601 et seq.), are applicable to the Recipient of assistance from NIST. This Act 

provides assistance to persons, businesses, or farm operations affected by the 

acquisition, rehabilitation or demolition of real property acquired for a project financed 

wholly or in part with Federal assistance funds.

5. Maintenance - The Recipient agrees that, for the estimated useful life of the facility 

funded with the Award, the project will be properly and efficiently administered, 

operated, and maintained for the purpose authorized by the Award and in accordance 

with the terms, conditions, requirements, and provisions of the Award. If NIST 

determines at any time during the estimated useful life of the project, that the project 

and any project property is not being properly and efficiently administered, operated, 

and maintained, NIST shall have the right to terminate this award for cause and pursue 

any other remedies allowed by law. See 2 CFR § 200.311 (Real property).

6. Energy Efficiency - The Recipient shall apply, where feasible, sustainable, and energy 

efficient, design principles for the purpose of reducing pollution and energy costs and 

optimizing lifecycle costs associated with the construction.

7. Tribal Employment Rights Ordinances - NIST recognizes Tribal Employment Rights 

Ordinances (TEROs), which may provide for preferences in contracting and 

employment, in connection with financial assistance awards. Tribal ordinances 

requiring preference in contracting, hiring, and firing and the payment of a TERO fee 

are allowable provisions under Federal awards. The payment of the TERO fee, which 

supports the tribal employment rights office to administer the preferences, should 

generally be allowable as an expense that is “necessary and reasonable for proper and 

efficient performance and administration” of an award, as provided under the applicable 

cost principles set out in 2 CFR Part 200, Subpart E.

8. Signs - The Recipient is responsible for constructing, erecting, and maintaining in good 

condition throughout the construction period a sign(s) satisfactory to NIST that 

identifies the project and indicates that the project is federally funded. The Recipient 

will obtain the prior written approval of the Federal Program Officer prior to erecting or 

otherwise posting any signage referencing NIST and/or the U.S. Department of 

Commerce. NIST may require that the recipient maintain a permanent plaque or sign at 

the project site with the same or similar information that is acceptable in form and 

substance to NIST.
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P. Project Management Conference

Shortly after approval of the award, NIST will contact the Recipient to arrange a project 

management conference. The purpose of the project management conference is to explain 

to the Recipient its post-approval responsibilities for administration of the award, including 

its responsibilities with respect to the terms and conditions of the Award and applicable 

Federal requirements. Whenever practical, the project management conference will be held

where the Recipient’s authorized representative, architect/engineer, attorney, and possibly 

the recipient’s financial representative may attend.

Q. Protection of Whistleblowers

This award is subject to the DOC Standard Terms and Conditions. Section F.05 of the

DOC Standard Terms and Conditions states that each award is subject to the whistleblower 

protections afforded by 41 U.S.C. § 4712 (Enhancement of contractor protection from 

reprisal for disclosure of certain information). 

Generally, this law provides that an employee or contractor (including subcontractors and 

personal services contractors) of a non-Federal entity may not be discharged, demoted, or 

otherwise discriminated against as a reprisal for disclosing to a person or body information 

that the employee reasonably believes is evidence of gross mismanagement of a Federal 

award, subaward, or a contract under a Federal award or subaward, a gross waste of Federal 

funds, an abuse of authority relating to a Federal award or subaward or contract under a 

Federal award or subaward, a substantial and specific danger to public health or safety, or a 

violation of law, rule, or regulation related to a Federal award, subaward, or contract under 

a Federal award or subaward. 

Non-Federal entities and contractors under Federal awards and subawards must inform 

their employees in writing of the rights and remedies provided under 41 U.S.C. § 4712, in 

the predominant native language of the workforce.

A person that believes they have been the subject of retaliation for protected 

whistleblowing can contact the Department of Commerce, Office of Inspector General 

Hotline, as indicated at https://www.oig.doc.gov/Pages/Hotline.aspx, or the U.S. Office of 

Special Counsel, toll free at 1-800-872-9855.
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PART II - REQUIREMENTS FOR NIST CONSTRUCTION PROJECTS

A. Safety

The Recipient must plan for and promote safety of all Award related activity in accord with 

all applicable local, State and Federal laws. The Contract Work Hours and Safety Standards 

Act (40 U.S.C. § § 3701-3708) and the Occupational Safety and Health Act of 1970 (Public 

Law 91-596) are included herein by reference.

B. Property

The Property Standards of the OMB Uniform Guidance apply to various forms of property, 

i.e. real property, Federally-owned and exempt property, equipment, supplies, and 

intangible property. Any property acquired or improved in whole or in part with Award 

funds, shall comply with 2 CFR §§ 200.310 through 200.316 (Property Standards) as well 

as the DOC Standard Terms and Conditions C.02 (Real and Personal Property).

1. Title - In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real 

property, equipment, and intangible property acquired or improved with a Federal 

award must be held in trust by the Recipient as trustee for the beneficiaries of the 

Award under which the property was acquired or improved. This trust relationship 

exists throughout the duration of the property’s estimated useful life, as proposed by the 

Recipient, or otherwise determined by NIST, during which time NIST retains an 

undivided, equitable reversionary interest in the property (Federal Interest). During the 

duration of the Federal Interest, the Recipient must comply with all use and disposition 

requirements and restrictions as set forth in 2 CFR §§ 200.310 through 200.316 

(Property Standards), as applicable.

2. Attestation - In accord with 2 CFR § 200.316 , NIST may require the Recipient to 

execute a covenant, property management agreement, mortgage or other statement of 

the Federal Interest in real property acquired or improved, in whole or in part, under a 

DOC financial assistance award, acceptable in form and substance to NIST, which must

be placed on record in accordance with local law, with continuances (for fixture filings) 

and amendments filed as appropriate. The Recipient may also be required to provide 

NIST with a written statement from a licensed attorney in the jurisdiction where the 

property is located certifying that the covenant, mortgage or other statement of the 

Federal Interest has been properly executed and duly recorded, as required under the 

award and in accordance with local law. The attorney’s statement, along with a copy of 

the instrument reflecting the recordation of the Federal Interest, shall be returned to the 

Grants Officer. The Recipient may not dispose of, modify the use of, or change the 

terms of the real property title, or other interest in the project site and facilities without 

permission and instructions from NIST. The Grants Officer may elect not to release any 

or a portion of the Federal award funds until the Recipient has complied with this 

provision and any other applicable award terms or conditions unless other arrangements 

satisfactory to NIST are made. Upon request from the recipient, the Grants Officer may 

provide an alternative means of providing public notice of the Federal Interest or may 
12

forego the filing of a public notice of the Federal Interest. No alternative will alter the 

trust relationship by which the recipient holds title (see 2 CFR § 200.316 (Property trust 

relationship)).

3. Insurance - The Recipient must, at a minimum, provide the equivalent insurance 

coverage for real property and equipment acquired or improved with Federal funds as 

provided for property owned by the Recipient. See 2 CFR § 200.310 (Insurance 

coverage).

4. Lease - Leasing or renting of facilities or real property acquired in whole or in part with NIST 

grant funding is prohibited unless specifically authorized in writing by NIST. The 

Recipient agrees that any leasing or renting of any facilities or property acquired in 

whole or in part with NIST grant funding will be subject to the following:

a. That said lease arrangement is consistent with the authorized general and special

purpose of the Award;

b. That said lease arrangement is for adequate consideration;

c. That said lease arrangement is consistent with applicable NIST requirements

concerning but not limited to nondiscrimination and environmental compliance; and

d. That all revenue derived from said leasing arrangement shall be reported to the 

Program Officer for consideration by the Grants Officer and budget accommodation in 

accord with the OMB Uniform Guidance § 200.307 (Program income).

5. Eminent Domain - The Recipient will use funds solely for the authorized purpose of the 

Project. Pursuant to Executive Order 13406, “Protecting the Property Rights of the

American People,” the Recipient agrees:

a. Not to exercise any power of eminent domain available to the Recipient (including 

the commencement of eminent domain proceedings) for use in connection with the

Project for the purpose of advancing the economic interests of private parties; and

b. Not to accept title to land, easements, or other interests in land acquired by the

exercise of any power of eminent domain for use in connection with the Project for 

such purposes. The Recipient agrees that any use of the power of eminent domain to

acquire land, easements, or interests in land, whether by the Recipient or any other

entity that has the power of eminent domain, in connection with the Project without 

the prior written consent of NIST is an unauthorized use of the Project.

6. Property Management - Part I L.1 of these NIST Construction STCs requires the 

Recipient to agree that, for the estimated useful life of the facility funded with the

Award, the project will be properly and efficiently administered, operated and 

maintained, for the purpose authorized by the award and in accordance with the Terms 
13

and Conditions of the award. The following estimated useful lives are assigned to the 

following assets:

a. New buildings, 20 years.

b. Rehabilitation or outfitting of existing buildings, 15 years.

c. Improvements other than buildings, 15 years.

7. The useful life will begin upon the date of the certificate of occupancy for the building 

or improvement.

C. Environment

The Recipient, with intimate knowledge of the property, the project, and the surrounding 

area must continually consider the potential application of each environmental statute,

executive order, and requirement set forth in section G.04 (Environmental Requirements) of 

the DOC Standard Terms and Conditions; to include:

1. The National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.);

2. The National Historic Preservation Act (16 U.S.C. §§ 470 et seq.);

3. Executive Order 11988 (Floodplain Management) and Executive Order 11990 

(Protection of Wetlands);

4. Clean Air Act (42 U.S.C. §§ 7401 et seq.), Federal Water Pollution Control Act (33 

U.S.C. §§ 1251 et seq.) (Clean Water Act), and Executive Order 11738 (Providing for 

administration of the Clean Air Act and the Federal Water Pollution Control Act with 

respect to Federal contracts, grants or loans);

5. The Flood Disaster Protection Act (42 U.S.C. §§ 4002 et seq.);

6. The Endangered Species Act (16 U.S.C. §§ 1531 et seq.);

7. The Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.);

8. The Coastal Barriers Resources Act (16 U.S.C. §§ 3501 et seq.);

9. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271 et seq.);

10. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. §§ 300f et seq.);

11. The Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.);

12. The Comprehensive Environmental Response, Compensation, and Liability Act 
14

(CERCLA, commonly known as Superfund) (42 U.S.C. §§ 9601 et seq.) and the 

Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note et seq.);

13. Executive Order 12898 (“Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations”);

14. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 

et seq.);

15. Clean Water Act (CWA) Section 404 (33 U.S.C. § 1344);

16. Rivers and Harbors Act (33 U.S.C. § 407) The Migratory Bird Treaty Act (16 U.S.C. §§ 

703-712), Bald and Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and 

Executive Order 13186 (Responsibilities of Federal Agencies to Protect Migratory 

Birds, January 10, 2001);

17. Executive Order 13112 (Invasive Species, February 3, 1999); and

18. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.).

Post Award, the Recipient must remain cognizant of environmental information provided 

with the application of the project. Environmental information new or different from the 

application must be conveyed to the Program Officer and addressed with the appropriate 

agency as soon as it becomes available throughout the project.

The Recipient must maintain the status of all local, state and Federal permits of an 

environmental nature required of the project; e.g., USACE, U.S. Environmental Protection 

Agency (EPA), Coastal Zone Management/Shoreline Management, Air Quality, State 

Environmental Policy Act, NPDES). The Recipient must provide the Program Officer with 

copies of any such permits and ongoing and related correspondence of significance.

D. Contract Standards

The Recipient must comply with the following procurement standards for all contracts 

issued pursuant to the Award: 

1. Procurement by States – When procuring property and services under a Federal award, 

a State must follow the same policies and procedures it uses for procurements from its 

non-Federal funds. A State must comply with 2 CFR § 200.323 (Procurement of 

recovered materials) and ensure that every purchase order or other contract includes any 

clauses required by 2 CFR § 200.327 (Contract provisions). See 2 CFR § 200.317 

(Procurements by states).

2. Other Non-Federal Entities - All other non-Federal entities, including subrecipients of a 

State, must follow 2 CFR §§200.318 (General procurement standards) through 200.327 

(Contract provisions), which are outlined below.
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3. General Procurement Standards - The Recipient shall adhere to the procurement 

standards contained in 2 CFR § 200.318 (General procurement standards). In particular, 

the Recipient shall make awards only to responsible contractors that possess the ability 

to perform successfully under the terms and conditions of a proposed procurement. 

Additionally, the Recipient must maintain a written code of conduct, which shall govern 

the actions of individuals, such as any officer, employee or member of the board of 

directors or other governing board of the recipient, including any other parties that 

advise, approve, recommend or otherwise participate in the business decisions of the 

recipient, such as agents, advisors, consultants, attorneys, accountants or shareholders. 

This also includes immediate family, significant others, partners, and other persons 

directly connected to such persons by law or through a business arrangement.

4. Competition - All procurement transactions must be conducted in a manner providing 

full and open competition consistent with the standards of 2 CFR § 200.319 

(Competition). The non-Federal entity must conduct procurements in a manner that 

prohibits the use of statutorily or administratively imposed State, local, or Tribal 

geographical preferences in the evaluation of bids or proposals, except in those cases 

where applicable Federal statutes expressly mandate or encourage geographic 

preference. The non-Federal entity must have written procedures for procurement 

transactions. The non-Federal entity must ensure that all prequalified lists of persons, 

firms, or products which are used in acquiring goods and services are current and 

include enough qualified sources to ensure maximum open and free competition. Also, 

the non-Federal entity must not preclude potential bidders from qualifying during the 

solicitation period.

5. Methods of Procurement - A non-federal entity must adhere to the methods of 

procurement set forth in 2 CFR § 200.320 (Methods of procurement to be followed). 

The recipient shall maintain records sufficient to detail the history of each procurement 

transaction related to the project. These records will include but are not necessarily 

limited to the rationale for the method of procurement, selection of contract type, 

contractor selection or rejection, and the basis for determining the contract price. See 2 

CFR § 200.334 (Retention requirements for records).

6. Small and Minority Businesses - As set forth in 2 CFR § 200.321 (Contracting with 

small and minority businesses, women's business enterprises, and labor surplus area 

firms), non-federal entities must take all necessary affirmative steps to assure that 

minority businesses, women's business enterprises, and labor surplus area firms are 

used when possible.

7. Procurement of Recovered Materials - In accordance with 2 CFR § 200.323 

(Procurement of recovered materials), a recipient that is a State agency or agency of a 

political subdivision of a State and its contractors must comply with section 6002 of the 

Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act 

(42 U.S.C. § 6962). The requirements of Section 6002 include procuring only items 

designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 
16

247 that contain the highest percentage of recovered materials practicable, consistent 

with maintaining a satisfactory level of competition, where the purchase price of the 

item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal 

year exceeded $10,000; procuring solid waste management services in a manner that 

maximizes energy and resource recovery; and establishing an affirmative procurement 

program for procurement of recovered materials identified in the EPA guidelines.

8. Contract Cost and Price - The Recipient must adhere to the cost and contract pricing 

requirements set forth in 2 CFR § 200.324 (Contract cost and price). In particular, a 

Recipient must perform a cost or price analysis in connection with every procurement 

action in excess of the Simplified Acquisition Threshold (currently $250,000), 

including contract modifications. The cost plus a percentage of cost and percentage of 

construction cost methods of contracting must not be used; per OMB Uniform 

Guidance 2 CFR § 200.324(d).

9. Change Orders - The Recipient shall submit all contract change orders for review and 

for approval by NIST, even those that the operating unit is not participating in any costs 

associated with the change or if the contract price is to be reduced. Necessary 

supporting statements, estimates, specifications, and plans should be attached. Absent 

express legal authority, NIST may not approve change orders that change the purpose 

and intent (the scope) of the project. Change orders that minimally or incidentally 

increase the cost of the project, but do not change the project scope, may be approved 

by NIST, provided that either:

a. The Recipient has agreed in writing to fund the additional cost, in which case all 

work to effect the change order will be an ineligible project cost and no federal 

funds will be used to pay for it; or

b. There are sufficient funds remaining in the award budget to cover the change order 

without jeopardizing the completion of the project.

c. Unit prices are often used as a basis on which to make a contract award. In addition, 

they may be used for establishing actual costs where actual quantities differ from 

estimated quantities. Variations will normally require a change order to the contract 

whether or not a change in unit price is involved. Any increase in quantity that will 

result in an overall project cost overrun will require a change order to the contract. 

Any change to a unit price shown in the contract documents will require a change 

order to the contract. 

d. A change order may also be required at project completion to establish final 

quantities for unit price contracts.

10. Bonding - For construction or facility improvement contracts or subcontracts exceeding 

the Simplified Acquisition Threshold (currently $250,000), the bonding requirements 

set forth in 2 CFR § 200.326 (Bonding requirements) shall apply. NIST may accept the 

Recipient’s or subrecipient’s bonding policy and requirements if NIST or the pass-
17

through entity determines that the Federal Interest is adequately protected. If not, the 

following minimum requirements will apply:

a. Bid Bond. If the Award exceeds the Simplified Acquisition Threshold (currently 

$250,000) a bid guarantee from each bidder equivalent to five percent of the bid 

price. The “bid guarantee” must consist of a firm commitment such as a bid bond, 

certified check, or other negotiable instrument accompanying a bid as assurance that 

the bidder will, upon acceptance of the bid, execute such contractual documents as

may be required within the time specified.

b. A performance bond on the part of the contractor for 100 percent of the contract 

price. A “performance bond” is one executed in connection with a contract to secure

fulfillment of all the contractor’s obligations under such contract.

c. A payment bond on the part of the contractor for 100 percent of the contract price. 

A “payment bond” is one executed in connection with a contract to ensure payment 

as required by law of all persons supplying labor and material in the execution of the

work provided for in the contract. See 2 CFR § 200.326 (“Bonding requirements”).

11. Wage rate requirements - This Award does not include wage rate requirements.

12. The Contract Work Hours and Safety Standards Act (40 U.S.C. § § 3701-3708) - Which 

provides work hour, health and safety standards for every laborer and mechanic 

employed by any contractor or subcontractor in the performance of each contract in an 

amount greater than $100,000 that is entered into under legislation subject to 

Reorganization Plan.

13. Occupational Safety and Health Act of 1970 (Public Law 91-596) - Which serves to 

assure safe and healthful working conditions for working men and women; by 

authorizing enforcement of the standards developed under the Act.

14. Specific Requirements for Contractors and Subcontractors -The Recipient is responsible 

for ensuring that it includes applicable NIST compliance provisions, as contained in 

these NIST Construction STCs and other applicable Terms and Conditions of the 

award, including the contract provisions required by 2 CFR § 200.327 (Contract 

provisions), in all contracts let by the recipient under a NIST construction award. The 

Recipient is also responsible for ensuring that, in turn, each contractor under a NIST 

construction award includes the applicable NIST compliance provisions in all 

subcontracts awarded under the prime contract. Additionally, the Recipient must ensure 

that each contractor and subcontractor agree to comply with all applicable Federal, 

State, and local requirements pertaining to the project.

E. Build America, Buy America

1. Buy America Requirements - Pursuant to the Infrastructure Investment and Jobs Act, 

2021, Pub. L. No. 117-58, 135 Stat. 429 (Nov. 15, 2021) (IIJA), including the Build 
18

America, Buy America Act, Pub. L. No. 117-58, §§ 70901-52 (BABA), as well as 

guidance provided by Memorandum for Heads of Executive Departments and Agencies, 

Initial Implementation Guidance on Application of Buy America Preference in Federal 

Financial Assistance Programs for Infrastructure, Executive Office of the President, 

Office of Management and Budget (April 18, 2022) (OMB M-22-11), recipients are 

hereby instructed that none of the funds provided under this Award may be used for a 

project for infrastructure unless:

a. All iron and steel used in the project are produced in the United States--this means 

all manufacturing processes, from the initial melting stage through the application of 

coatings, occurred in the United States;

b. All manufactured products used in the project are produced in the United States—

this means the manufactured product was manufactured in the United States; and the 

cost of the components of the manufactured product that are mined, produced, or 

manufactured in the United States is greater than 55 percent of the total cost of all 

components of the manufactured product, unless another standard for determining 

the minimum amount of domestic content of the manufactured product has been 

established under applicable law or regulation; and

c. All construction materials1 are manufactured in the United States—this means that 

all manufacturing processes for the construction material occurred in the United 

States.

The requirements of this subsection must be included in all subawards and contracts, 

including all contracts and purchase orders for work or products pursuant to this program, 

as applicable. The Buy America preference only applies to articles, materials, and 

supplies that are consumed in, incorporated into, or affixed to an infrastructure project. 

As such, it does not apply to tools, equipment, and supplies, such as temporary 

scaffolding, brought to the construction site and removed at or before the completion of 

the infrastructure project. Nor does a Buy America preference apply to equipment and 

furnishings, such as movable chairs, desks, and portable computer equipment, that are 

used at or within the finished infrastructure project but are not an integral part of the 

structure or permanently affixed to the infrastructure project.

To help federal agencies and recipients meet BABA requirements, the U.S. Department 

of Commerce, National Institute for Standards and Technology (NIST), Hollings 

Manufacturing Extension Partnership (MEP) National NetworkTM provides a service to 

connect stakeholders, including recipients, to U.S. manufacturers that have relevant 

production capabilities and capacities to help fulfill current market and supply chain 

needs. Recipients considering a BABA nonavailability waiver are strongly encouraged to 

contact the NIST/MEP for assistance with supplier scouting services prior to seeking a 

1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding 

agents or additives.
19

BABA nonavailability waiver. Further information on the NIST/MEP supplier scouting 

services is available at: https://www.nist.gov/mep/supplier-scouting.

2. Buy America Waivers - When necessary, recipients may apply for, and DoC may grant, a 

waiver from the Buy America domestic content procurement preference applicable to this 

Award. When DoC has made a determination that one of the following exceptions 

applies, the awarding official may waive the application of the Buy America domestic 

content procurement preference in any case in which DoC determines that:

a. applying the domestic content procurement preference would be inconsistent with the 

public interest;

b. the types of iron, steel, manufactured products, or construction materials are not 

produced in the United States in sufficient and reasonably available quantities or of a 

satisfactory quality; or

c. the inclusion of iron, steel, manufactured products, or construction materials 

produced in the United States will increase the cost of the overall project by more 

than 25 percent.

A request to waive the application of the Buy America domestic content procurement 

preference must be submitted in writing. The NIST Federal Program Officer will provide 

instructions on the format, contents, and supporting materials required for any waiver 

request. Waiver requests are subject to public comment periods of no less than 15 days 

and must be reviewed by the Office of Management and Budget Made in America Office. 

There may be instances where an award qualifies, in whole or in part, for an existing 

DOC waiver accessible at: https://www.commerce.gov/oam/build-america-buy-america

or https://www.whitehouse.gov/omb/management/made-in-america/build-america-buyamerica-act-federal-financial-assistance/.

3. Buy America Definitions

a. “Construction materials” includes an article, material, or supply—other than an item 

of primarily iron or steel; a manufactured product; cement and cementitious 

materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or 

additives2

—that is or consists primarily of:

i. non-ferrous metals;

ii. plastic and polymer-based products (including polyvinylchloride, composite

building materials, and polymers used in fiber optic cables);

iii. glass (including optic glass);

iv. lumber; or

v. drywall.

2 IIJA, § 70917(c)(1).
20

In the case of construction materials, all manufacturing processes for the construction 

material must have occurred in the United States.3

b. “Domestic content procurement preference’’ means all iron and steel used in the 

project are produced in the United States; the manufactured products used in the 

project are produced in the United States; or the construction materials used in the 

project are produced in the United States.

c. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, 

in the United States, roads, highways, and bridges; public transportation; dams, ports, 

harbors, and other maritime facilities; intercity passenger and freight railroads; freight 

and intermodal facilities; airports; water systems, including drinking water and 

wastewater systems; electrical transmission facilities and systems; utilities; broadband 

infrastructure; and buildings and real property. Infrastructure includes facilities that 

generate, transport, and distribute energy.

d. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure 

in the United States.

F. Design

The Recipient shall ensure that the design of the NIST-funded construction project meets or 

exceeds the following:

1. Compliance with the building permit and trade permit requirements of the appropriate 

authority having jurisdiction. The design managed by the Recipient will comply with 

the building codes, standards, and other requirements applicable to the project; 

consistent with the provisions of and to the extent required by 40 U.S.C. § 3312(b):

2. Consideration of all requirements of a State or a political subdivision of a State, which 

apply to building construction or alteration, zoning laws and ordinances consistent with 

the provisions of and to the extent required by 40 U.S.C. § 3312(c); and

3. Executive Order 13717, “Seismic Safety of Federal and Federally Assisted or Regulated 

New Building Construction”, which requires that new buildings constructed with 

Federal assistance comply with the earthquake-resistant design provisions of the 2015 

editions of the International Building Code (IBC) or the International Residential Code 

(IRC), nationally recognized building codes promulgated by the International Code 

Council (ICC), or equivalent codes, consistent with the provisions of and to the extent 

required by 40 U.S.C. § 3312.

G. Architect/Engineer Agreement

The Recipient shall ensure design services and related contracts meet the following:

3 Id. at § 70912(6)(C).
21

1. The Recipient’s architect/engineer agreement shall provide for all services required by 

the Recipient for the design and engineering phases of the project. Appropriate 

standards, guidance, or forms developed by professional organizations, such as the 

American Consulting Engineers Council (ACEC), American Society of Civil Engineers 

(ASCE), National Society of Professional Engineers (NSPE), and/or the American 

Institute of Architects (AIA) may be used where the recipient does not have standard 

procurement documents;

2. The recipient must select the architect/engineer in accordance with the procurement 

standards set forth in 2 CFR §§ 200.317 (Procurements by states) through 200.327 

(Contract provisions). The “cost-plus-percentage-of-cost” and “percentage-of-cost” 

methods of contracting are specifically prohibited. See 2 CFR § 200.324(d).

3. The architect/engineer agreement shall cover all services necessary for the successful 

execution of the project, including consultations, surveys, soil investigations, 

supervision, travel, “as-built” or record drawings, arrow diagram (CPM/PERT) where 

applicable, and incidental costs. Regardless of who furnishes the construction inspector, 

the architect/engineer shall be held responsible for making sufficient visits to the project 

site to determine if the work is proceeding in accordance with the approved plans and 

specifications; and

4. All architect/engineer contracts awarded by the Recipient shall include a provision to 

the effect that the recipient, the operating unit, the Comptroller General of the United 

States, the Inspector General of the Department of Commerce (OIG), or any of their 

duly authorized representatives, shall have access to any paper or electronic documents, 

books, correspondence, and records of the architect/engineer that are pertinent to the 

award in order to verify the recipient’s compliance with award requirements. See also 2 

CFR § 200.327, (Contract provisions) for a listing of the required provisions for 

contracts awarded by recipients pursuant to a NIST financial assistance award 

(including construction awards).

H. Alternate Methods of Construction Procurement

The Recipient may use alternate construction procurement methods to the traditional 

design/bid/build procedures (including lump sum or unit price-type construction contracts). 

If an alternate method is used, the Recipient shall submit to NIST for prior approval a 

construction services procurement plan. In this situation, the recipient must secure a design 

professional to oversee the process.

I. Services Performed by Recipient Forces

1. The Recipient may have a portion or all of the design, construction, inspection, legal 

services, or other work or services in connection with the project performed by 

personnel who are employed by the Recipient either full-time or part-time (“in-house” 

or “force account” construction). If the Recipient elects to use force account labor, the 

NIST Federal Program Officer or the NIST Grants Officer will furnish specific 
22

guidance to the recipient that must be followed for the cost for such work to be eligible 

for reimbursement from NIST, under the Award.

2. The NIST Federal Program Officer, in consultation with the NIST Grants Officer, must 

review the Recipient’s plan for prior approval if this method is to be elected by the 

Recipient.

3. Due to the complexity of monitoring in-house construction and the limited staff 

available to NIST to perform the monitoring, in-house construction is strongly 

discouraged. Generally, the in-house method of construction may only be approved if:

a. The recipient has a special skill required for the construction (e.g., construction of 

unique Indian structure); or

b. Substantial cost savings can be demonstrated; or

c. The Program Officer Grants Officer are satisfied that the Recipient has made all 

reasonable efforts to obtain a contractor, but has failed to do so because of 

uncontrollable factors (such as the remoteness of the site combined with a small 

contract or an overabundance of construction work in the project area); or

d. It has been determined by the Program Officer and by the Grants Officer that 

special circumstances require its use to successfully complete the project.

J. Bid Documents

Until NIST has reviewed the Recipient’s proposed contracts and related procurement 

documents and determined they comply with the Award, the Recipient will proceed at its 

own risk regarding the allowability of any costs incurred.

The Recipient must submit plans, specifications, and related documents for review and 

concurrence prior to advertising for bids, per 2 CFR 200.325. This review is to ensure 

compliance with the Award and does not attest to the accuracy or completeness of design, 

dimensions, details, proper selection of materials, or compliance with required codes or 

ordinances, which responsibility rests with the recipient. See also 2 CFR § 200.325(a), 

regarding Federal awarding agency review. At a minimum, NIST will review 

documentation regarding the following:

1. Environmental Compliance. NIST will ensure that environmental project reviews are 

conducted in accordance with the requirements of the National Environmental Policy 

Act of 1969, as amended (Pub. L. No. 91-190; 42 U.S.C. § 4321 et seq., as implemented 

under 40 CFR chapter V) (NEPA). NIST will provide public notice of the availability of 

project-specific environmental documents, such as environmental impact statements, 

environmental assessments, findings of no significant impact, and records of decision, as 

specified in 40 CFR § 1506.6(b).
23

2. Civil Rights Compliance. Discrimination by a grant recipient is prohibited in accordance 

with the following authorities: 

a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) and 

the DOC’s implementing regulations at 15 C.F.R Part 8; 

b. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and the 

DOC’s implementing regulations at 15 CFR Part 8b. For purposes of complying with 

the accessibility standards set forth in 15 CFR § 8b.18(c), non-federal entities must 

adhere to the regulations, published by the U.S. Department of Justice, implementing 

Title II of the Americans with Disabilities Act (ADA) (28 CFR Part 35; 75 FR 

56164, as amended by 76 FR 13285) and Title III of the ADA (28 CFR Part 36; 75 

FR 56164, as amended by 76 FR 13286). The revised regulations adopted new 

enforceable accessibility standards called the “2010 ADA Standards for Accessible 

Design” (2010 Standards), which replace and supersede the former Uniform Federal 

Accessibility Standards for new construction and alteration projects;

c. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) and the 

Department’s implementing regulations at 15 CFR Part 20;

d. The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) prohibiting 

discrimination on the basis of disability under programs, activities, and services 

provided or made available by State and local governments or instrumentalities or 

agencies thereto, as well as public or private entities that provide public 

transportation; and

e. Other non-discrimination Federal statutes, regulations, and Executive Orders, as 

applicable.

K. Award Documents

As provided in 2 CFR § 200.325(b), NIST may, upon request, review proposed contracts 

and related procurement documents prior to award if:

1. The procurement is expected to exceed the Simplified Acquisition Threshold (currently 

set at $250,000), and is to be awarded without competition or only one bid or offer is 

received in response to a solicitation;

2. The procurement is more than the Simplified Acquisition Threshold and is to be 

awarded to other than the apparent low bidder under a sealed bid procurement;

3. The proposed contract modification changes the scope of the contract or increases the 

contract amount by more than the Simplified Acquisition Threshold;

4. The Recipient’s procurement procedures and operations fail to comply with the 

procurement standards set out in 2 CFR part 200; or

5. The procurement, which is expected to exceed the Simplified Acquisition Threshold, 
24

specifies a “brand name” product.

L. Protest Procedures

In accordance with 2 CFR § 200.318(k), the non-Federal entity alone and in accordance 

with good administrative practice and sound business judgment is responsible for the 

settlement and satisfaction of all contractual and administrative issues arising out of a nonFederal entity’s procurement under a NIST financial assistance award. These issues 

include, but are not limited to, source evaluation, protests, disputes, and claims. These 

standards do not relieve the non-Federal entity of any contractual responsibilities under its 

contracts. NIST will not substitute its judgment for that of the non-Federal entity unless the 

matter is primarily a Federal concern. Violations of law will be referred to the local, State, 

or Federal authority having proper jurisdiction.

M. Construction

The Recipient and any subrecipient or non-Federal entity, must, in addition to other

statutory and regulatory requirements detailed in these NIST Construction STCs and the 

assurances made to NIST in connection with the Award, comply and require each of its

contractors and subcontractors employed in the completion of the Project to comply 

with all applicable Federal, State, territorial, and local laws, and in particular, the

following Federal laws (and the regulations issued thereunder), Executive Orders, OMB

Circulars, OMB Uniform Guidance, and local law requirements.

1. Early Construction Start - to be eligible for reimbursement, NIST must determine that 

all contracts necessary for design and construction of the project facilities have been 

awarded in compliance with the Terms and Conditions of the award. If construction 

commences prior to the NIST determination, the Recipient proceeds at its own risk and 

at the risk of not being reimbursed by NIST for such activities, unless and until the 

operating unit’s review and concurrence.

2. Delayed construction start - if significant construction (as determined by NIST) is not 

commenced within two years of the Award Date or by the date estimated for start of 

construction in this Award (or the expiration of any extension granted in writing by 

NIST), whichever is later, this Award may be suspended by a written notification issued 

by the Grants Officer and may be terminated if NIST determines, after consultation 

with the Recipient, that construction to completion cannot reasonably be expected to 

proceed promptly and expeditiously. See 2 CFR §§ 200.339 – 200.340.

3. Throughout Construction - The Recipient is responsible for:

a. Ensuring project completion in accordance with approved plans and specifications;

b. Monitoring project progress and reporting progress to the operating unit;

c. Providing for required construction permits and adequate construction inspection;
25

d. Promptly paying costs incurred for the project purposes, including appropriate 

bonding costs and insurance premiums;

e. Monitoring contractors’ compliance with Federal, State, and local requirements; and

f. Constructing and maintaining in good condition throughout the construction period, 

a sign or signs, at the project site in a conspicuous place indicating that the Federal 

Government is participating in the project.

g. Monitoring compliance of a daily Quality Assurance Checklist (or similar tool),

documented electronically or in hard copy, as prepared by the Recipient, their 

designer, or contractor;

h. Monitoring compliance of all applicable safety programs and procedures, as 

prepared by the Recipient, their designer, or contractor; and

i. Report contractor work hours with the number of reported safety incidents monthly.

The means of monitoring and reporting may be incorporated into the safety 

program(s) referenced in h., immediately above.

4. Final Inspection for Acceptance - The Recipient will schedule a final inspection when 

all construction is completed, the architect/engineer has conducted a final inspection, 

and any deficiencies have been corrected. Representatives of the Recipient, the 

architect/engineer, and the contractor(s) will make the final inspection. NIST must be 

given advance notice of the final inspection to allow NIST a representative to 

participate.

N. Site Visits

The Program Officer, Grants Officer, and/or NIST leadership and advisors may visit the 

Recipient and the project site throughout the project. Shortly after the Award is issued, the 

Program Officer may arrange for site visits with the Recipient. The Federal Program 

Officer will remain available to the Recipient before, during, and after each visit for any 

comments, questions, concerns, or official documentation.

O. Reporting

The Recipient must initiate, execute, convey, and maintain reports as required throughout 

these NIST Construction STCs, to include:

1. Performance (Technical) Reports - must be submitted in accordance with the 

procedures set forth in 2 CFR §200.329 (Monitoring and reporting program 

performance), as applicable, and as indicated below. Failure to submit required reports 

in a complete, accurate, and timely manner may result in the withholding of payments 

under this Award; deferral of processing of new awards, amendments, or supplemental 
26

funding; or other appropriate enforcement action. See section A.06 (Unsatisfactory 

Performance or Non-Compliance with Award Provisions) of the DOC Standard Terms 

and Conditions. 

Performance (Technical) Reports must be submitted on a quarterly basis for the periods 

ending March 31, June 30, September 30, and December 31 or any portion thereof. 

Reports are due no later than 30 calendar days following the end of each reporting 

period. A final report must be submitted no later than 120 calendar days after the 

expiration of the period of performance.

All reports must be submitted to greports@nist.gov within the prescribed timeframes 

identified above. The Recipient organization name, NIST award number, and reporting 

period must be included in the email subject line. The Recipient contact information 

should be included in the body of the message. No other correspondence may be sent 

through this mailbox; timely responses to any other inquiries received in this mailbox 

are not guaranteed. The mailbox will not be used for any other purpose except for 

purposes identified above.

The Recipient is encouraged to contact the Program Officer with any questions 

regarding report completion and submission prior to the deadline to allow for complete, 

accurate, and timely submission of required reports. The Recipient must fully document 

and disclose the following for each reporting period:

a. All project expenditures,

b. All procurement actions,

c. Recipient compliance with these NIST Construction STCs of the Award, including 

but not limited to the Award’s Buy America requirements;

d. Contractor compliance with all applicable local, state, and Federal requirements,

including but not limited to the Award’s Buy America requirements;

e. Such records as identified in 2 C.F.R § 200.334 (Retention Requirements for 

Records) or in these NIST Construction STCs;

f. A comparison of planned and actual accomplishments according to the timetable or 

list of Project objectives in this Award;

g. An explanation of any delays or failures to meet the Project timetable or Project 

goals; and

h. Any other pertinent information including, when appropriate, analysis and 

explanation of cost overruns or higher than estimated unit costs.

2. Interim Performance Reporting - Between the required reporting dates, events may 

occur, such as problems, delays, or adverse conditions, that will materially affect the 
27

ability of the Recipient to attain program objectives, prevent time schedules and goals 

from being met, or preclude the attainment of project work units by established time 

periods. The Recipient shall inform the Program Officer as soon as possible of any 

event which has or that is expected to have a material impact on the project, including 

any favorable developments that enable the recipient to meet time schedules and goals 

sooner than anticipated or produce more work than originally projected. The Recipient 

must notify the operating unit of such events in the most expeditious way possible and 

then, if the original notification was not in writing, provide the operating unit with 

written notification, including a statement of the event or issue, a statement of the 

course of action contemplated to resolve the matter, and any Federal assistance needed 

to resolve the situation. The Program Officer, in consultation with the Grants Officer, 

will review and respond appropriately to documentation disclosing these events.

3. Federal Financial Reports - in accordance with 2 CFR § 200.328 (Financial reporting),

the Recipient must submit a Federal Financial Report (Form SF-425) on a quarterly 

basis not later than 30 calendar days following March 31, June 30, September 30, and 

December 31, or any portion thereof. A final Form SF-425 must be submitted no later 

than 120 calendar days after the expiration of the period of performance.

All reports must be submitted to greports@nist.gov within the prescribed timeframes 

identified above. The Recipient organization name, NIST award number, and reporting

period must be included in the email subject line. The Recipient contact information 

should be included in the body of the message. No other correspondence may be sent 

through this mailbox; timely responses to any other inquiries received in this mailbox 

are not guaranteed. The mailbox will not be used for any other purpose except for 

purposes identified above. Noncompliance with the financial reporting requirements 

may result in appropriate enforcement action under this Award, including but not 

limited to suspension of Award payments, disallowance of costs or termination of an 

award.

Semiannual reporting may be considered at such time financial reports or other 

circumstances dictate.

4. Property - For Real Property, in accord with § 200.330 (Reporting on real property) 

the Recipient must provide annual reporting for the first three years of the Award 

and thereafter reporting every five years for Real Property that has an estimated 

useful life (i.e., NIST retains a Federal Interest) of 15 years or longer. For Real 

Property with an estimated useful life of less than 15 years, the Recipient must 

provide annual reporting to NIST. Each report may affirm the previously reported 

status, provided such status remains accurate and acceptable to NIST.

5. Records as requested – Throughout the duration of the project, the Program Officer

or the Grants Officer may require documentation, e.g., Project Progress Reports, 

Buy America, etc. See 2 CFR § 200.337 (Access to records).

6. Government Performance and Results Act - In addition to required Project progress 
28

reports, NIST may require the Recipient to report on Project performance beyond 

the end date of the period of performance for Government Performance and Results 

Act (GPRA) or other purpose(s). In no case will the Recipient be required to submit 

any GPRA report more than ten years after the date of Award closeout. Data used 

by the Recipient in preparing reports must be accurate and, whenever possible, from 

independent sources. See 13 CFR § 302.16 (Accountability).

P. Cost Sharing

This Award does not include a Cost Sharing requirement.

Q. Termination Actions

In accordance with 2 CFR § 200.340 (Termination), this Award may be terminated in whole 

or in part as follows:

1. Termination by NIST for the Recipient’s failure to comply with the Terms and 

Conditions of the Award. NIST may terminate this Award, in whole or in part, if the 

Recipient fails to comply with the Terms and Conditions of the Award. See also

Section A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions) 

of the DOC Standard Terms and Conditions.

2. Termination upon mutual agreement. NIST and the Recipient may mutually agree to 

terminate this Award in whole or in part. In such cases, NIST and the Recipient must 

agree upon the termination conditions, including the effective date and, in the case of 

partial termination, the portion to be terminated.

3. With any Award wholly or partially terminated, the Recipient remains responsible for 

compliance with the requirements in 2 CFR §§ 200.344 (Closeout) and 200.345 (Postcloseout adjustments and continuing responsibilities).

R. Project Closeout

As defined at 2 CFR § 200.1, Project Closeout is the process by which NIST verifies all 

applicable administrative actions and all required work of the Award have been

completed and takes actions as described at 2 CFR § 200.344 (Closeout). In the context 

of a NIST construction award, Project Closeout generally begins with the Recipient’s 

acceptance of the Project from the contractor(s).

1. Final construction related reporting – the Recipient must submit the following 

documentation to NIST within the closeout period:

a. A written certification that all costs charged against this Award (Federal and 

non-Federal shares, as applicable) are for eligible activities and represent 

allowable costs, for which there is documentation in the Recipient’s records;
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b. An executed certificate of final acceptance signed by the Recipient and the 

Recipient’s Architect/Engineer.

c. The Recipient’s certification that its current audit (in accordance with subpart F 

of 2 CFR part 200), if applicable, has been submitted to the Federal Audit 

Clearinghouse;

d. Other documentation as may be required by NIST.

2. Final reporting deadline - the Recipient must submit, no later than 120 calendar days 

after the end date of the Period of Performance, all financial, performance, and other 

reports as required by the Terms and Conditions of this Award. The Grants Officer may 

extend the 120-calendar day submission period upon a written request from the 

Recipient.

3. Deadline to liquidate obligations - unless NIST authorizes an extension, the Recipient 

must liquidate all financial obligations incurred under this Award no later than 120 

calendar days after the end date of the Period of Performance.

4. Post-Closeout requirements - the Recipient has an ongoing responsibility to properly 

administer, operate, and maintain the Project for its entire estimated useful life (as 

determined by NIST) in accordance with Award purposes. The Recipient must comply 

with all Award requirements and maintain records to document such compliance, which 

must be made available for inspection by NIST or other Government officials as 

required.

In accordance with 2 CFR § 200.345 (Post-closeout adjustments and continuing 

responsibilities), the Closeout of this Award does not affect the right of NIST to disallow

costs and recover funds on the basis of a later audit or other Project review or the

Recipient’s obligation to return any funds due as a result of later corrections or other 

transactions.
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APPENDIX A

References and Contacts

A. References

The following links are provided for reference regarding this Award:

Grants.gov

Home | GRANTS.GOV

Department of Commerce Standard Terms and Conditions

Financial Assistance Policy | U.S. Department of Commerce

OMB Uniform Guidance 2 CFR Part 200

eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and 

Audit Requirements for Federal Awards

Occupational Safety and Health Administration State Plans

State Plans | Occupational Safety and Health Administration (osha.gov)

NIST Financial Assistance Guide

Financial Assistance Reference Guide | NIST