29 CFR 95.51Monitoring and reporting program performance

§ 95.50

29 CFR Subtitle A (7–1–06 Edition)

(a) Contracts in excess of the small
purchase threshold shall contain contractual provisions or conditions that
allow for administrative, contractual,
or legal remedies in instances in which
a contractor violates or breaches the
contract terms, and provide for such
remedial actions as may be appropriate.
(b) All contracts in excess of the
small purchase threshold shall contain
suitable provisions for termination by
the recipient, including the manner by
which termination shall be effected
and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may
be terminated for default as well as
conditions where the contract may be
terminated because of circumstances
beyond the control of the contractor.
(c) Except as otherwise required by
statute, an award that requires the
contracting (or subcontracting) for
construction or facility improvements
shall provide for the recipient to follow
its own requirements relating to bid
guarantees, performance bonds, and
payment bonds unless the construction
contract
or
subcontract
exceeds
$100,000. For those contracts or subcontracts exceeding $100,000, DOL may
accept the bonding policy and requirements of the recipient, provided DOL
has made a determination that the
Federal Government’s interest is adequately protected. If such a determination has not been made, the minimum
requirements shall be as follows.
(1) A bid guarantee from each bidder
equivalent to five percent of the bid
price. The ‘‘bid guarantee’’ shall consist of a firm commitment such as a
bid bond, certified check, or other negotiable instrument accompanying a
bid as assurance that the bidder shall,
upon acceptance of his bid, execute
such contractual documents as may be
required within the time specified.
(2) 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.
(3) 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 assure payment as required by statute of all persons supplying labor and
material in the execution of the work
provided for in the contract.
(4) Where bonds are required in the
situations described herein, the bonds
shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part
223, ‘‘Surety Companies Doing Business
with the United States.’’
(d) All negotiated contracts (except
those for less than the small purchase
threshold) awarded by recipients shall
include a provision to the effect that
the recipient, DOL, the Comptroller
General of the United States, or any of
their duly authorized representatives,
shall have access to any books, documents, papers and records of the contractor which are directly pertinent to
a specific program for the purpose of
making audits, examinations, excerpts
and transcriptions.
(e) All contracts, including small
purchases, awarded by recipients and
their contractors shall contain the procurement provisions of Appendix A to
this part, as applicable.
Reports and Records
§ 95.50

Purpose of reports and records.

Sections 95.51 through 95.53 set forth
the procedures for monitoring and reporting on the recipient’s financial and
program performance and the necessary standard reporting forms. They
also set forth record retention requirements.
§ 95.51 Monitoring and reporting program performance.
(a) Recipients are responsible for
managing and monitoring each project,
program, subaward, function or activity supported by the award. Recipients
shall monitor subawards to ensure subrecipients have met the audit requirements as delineated in § 95.26.
(b) DOL shall prescribe the frequency
with which performance reports shall
be submitted. Except as provided in
paragraph (f) of this section, performance reports shall not be required more
frequently than quarterly or, less frequently than annually. Annual reports
shall be due 90 calendar days after the

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Office of the Secretary of Labor

§ 95.52

grant year; quarterly or semi-annual
reports shall be due 30 days after the
reporting period. DOL may require annual reports before the anniversary
dates of multiple-year awards in lieu of
these requirements. The final performance reports are due 90 calendar days
after the expiration or termination of
the award.
(c) If inappropriate, a final technical
or performance report shall not be required after completion of the project.
(d) When required, performance reports shall generally contain, for each
award, brief information on each of the
following:
(1) A comparison of actual accomplishments with the goals and objectives established for the period, the
findings of the investigator, or both.
Whenever appropriate and the output
of programs or projects can be readily
quantified, such quantitative data
should be related to cost data for computation of unit costs.
(2) Reasons why established goals
were not met, if appropriate.
(3) Other pertinent information including, when appropriate, analysis
and explanation of cost overruns or
high unit costs.
(e) Recipients shall not be required to
submit more than the original and two
copies of performance reports.
(f) Recipients shall immediately notify DOL of developments that have a
significant impact on the award-supported activities. Also, notification
shall be given in the case of problems,
delays, or adverse conditions which
materially impair the ability to meet
the objectives of the award. This notification shall include a statement of the
action taken or contemplated, and any
assistance needed to resolve the situation.
(g) DOL may make site visits, as
needed.
(h) DOL shall comply with clearance
requirements of 5 CFR part 1320 when
requesting performance data from recipients.
(Approved by the Office of Management and
Budget, Approval Number 1225–0017)

§ 95.52

Financial reporting.

(a) The following forms or such other
forms as may be approved by OMB are

authorized for obtaining financial information from recipients:
(1) SF–269 or SF–269A, Financial Status Report.
(i) Recipients shall use the SF–269,
SF–269A, or other OMB-approved forms
to report the status of funds for all
nonconstruction projects or programs.
DOL may, however, have the option of
not requiring the SF–269 or SF–269A
when the SF–270, Request for Advance
or Reimbursement, or SF–272, Report
of Federal Cash Transactions, is determined to provide adequate information
to meet its needs, except that a final
SF–269 or SF–269A shall be required at
the completion of the project when the
SF–270 is used only for advances.
(ii) DOL shall prescribe whether the
report shall be on a cash or an accrual
basis. If DOL requires accrual information and the recipient’s accounting
records are not normally kept on the
accrual basis, the recipient shall not
convert its accounting system, but
shall develop such accrual information
through best estimates based on an
analysis of the documentation on hand.
(iii) DOL shall determine the frequency of the Financial Status Report
for each project or program, considering the size and complexity of the
particular project or program. However, the report shall not be required
more frequently than quarterly or less
frequently than annually. A final report shall be required at the completion of the agreement.
(iv) Recipients shall submit to DOL
the SF–269, SF–269A, or other OMB-approved forms (an original and no more
than two copies) no later than 30 days
after the end of each specified reporting period for quarterly and semi-annual reports, and 90 calendar days for
annual and final reports. Extensions of
reporting due dates may be approved
by DOL upon request of the recipient.
(2) SF–272, Report of Federal Cash
Transactions.
(i) When funds are advanced to recipients, the recipient shall submit the
SF–272 and, when necessary, its continuation sheet, SF–272a. DOL shall use
this report to monitor cash advanced
to recipients and to obtain disbursement information for each agreement
with the recipients.

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