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3 <br /> 083109 <br /> environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA <br /> clearance or a final NEPA decision regarding this project. Prohibited actions include any project activities <br /> that are not included in Attachment 2 of this award. This restriction does not preclude you from approved <br /> project activities included in Attachment 2 of this award. If you move forward with'activities that are not <br /> authorized for federal funding by the DOE Contracting Officer in advance of the final NEPA decision,you <br /> are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost <br /> share. <br /> If this award includes construction activities,you must submit an environmental evaluation <br /> report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA <br /> process. <br /> 23. DECONTAMINATION AND/OR DECOMMISSIONING(D&D)COSTS <br /> Notwithstanding any other provisions of this Agreement,the Government shall not be responsible for or <br /> have any obligation to the recipient for(i)Decontamination and/or Decommissioning(D&D)of any of the <br /> recipient's facilities,or(ii)any costs which may be incurred by the recipient in connection with the D&D of <br /> any of its facilities due to the performance of the work under this Agreement,whether said work was <br /> performed prior to or subsequent to the effective date of this Agreement. <br /> 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN <br /> RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) <br /> Preamble <br /> The American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,(Recovery Act)was enacted to <br /> preserve and create jobs and promote economic recovery,assist those most impacted by the recession, <br /> provide investments needed to increase economic efficiency by spurring technological advances in science <br /> and health,invest in transportation,environmental protection,and other infrastructure that will provide <br /> long-term economic benefits,stabilize State and local government budgets,in order to minimize and avoid <br /> reductions in essential services and counterproductive State and local tax increases. Recipients shall use <br /> grant funds in a manner that maximizes job creation and economic benefit. <br /> The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to <br /> governance,accountability,transparency,data collection and resources as specified in Act itself and as <br /> discussed below. <br /> Recipients should begin planning activities for their first tier subrecipients,including obtaining a DUNS <br /> number(or updating the existing DUNS record),and registering with the Central Contractor Registration <br /> (CCR). <br /> Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete <br /> projects,but tracking and reporting must be separate to meet the reporting requirements of the Recovery <br /> Act and related guidance. For projects funded by sources other than the Recovery Act,Contractors must <br /> keep'separate records for Recovery Act funds and to ensure those records comply with the requirements of <br /> the Act. <br /> The Government has not fully developed the implementing instructions of the Recovery Act,particularly <br /> concerning specific procedural requirements for the new reporting requirements. The Recipient will be <br /> provided these details as they become available. The Recipient must comply with all requirements of the <br /> Act. If the recipient believes there is any inconsistency between ARRA requirements and current award <br /> terms and conditions,the issues will be referred to the Contracting Officer for reconciliation. <br /> Definitions <br /> For purposes of this clause,Covered Funds means funds expended or obligated from appropriations under <br /> Not Specified/Other 7 <br /> 17 <br />