Research Administration Office

University of California

Memo Operating Guidance

No. 91-13

Supplement No. 2

April 12, 1993

Subject: DOE Form, Assurance of Compliance-Nondiscrimination in Federally Assisted Programs: Rescission

GOOD NEWS! This office has received the enclosed letter from Eric Fygi, Acting General Counsel for the Department of Energy. Mr. Fygi states that DOE has concluded that continued use of the revised form F1600.5 (5/90) that has been the subject of a year-long dispute is inappropriate. DOE has ceased use of the revised form.

Contracts and Grants officers may now revert to signing the "old" form F1600.5 (usually bearing the date 4/86) and should submit that form with DOE grant applications. You may also want to include a copy of Fygi's letter to avoid challenges from local DOE awarding offices.

We are also sending a copy along to John Pagano and Ed Sharp at DOE and thank them for their support on our behalf within the Department.

Refer: Bill Sellers 510-987-9847

Subject Index: 02, 14

Organization Index: F-275

David F. Mears

Director

Research Administration Office

cc:

John Pagano/DOE

Ed Sharp/DOE

Kate Phillips/COGR


Department of Energy

Washington, DC 20585

April 5, 1993

Mr. David F. Mears

Director

Research Administration Office

Office of the President

University of California

300 Lakeside Drive, 12th Floor

Oakland, CA 94612-3550

Dear Mr. Mears:

This is in response to your letter, dated June 11, 1992, to Tom A. Hendrickson, Acting Under Secretary, Department of Energy, and to your earlier April 28, 1992, letter to Silas B. Fisher, Director of Procurement, Assistance and Program Management.

In your letter, you allege certain irregularities and shortcomings surrounding the issuance and use of a DOE Revised Form entitled "Assurance of Compliance, Nondiscrimination in Federally Assisted Programs" (Revised Form). This Revised Form, like an earlier one which it superseded, attests to a grant-applicant's compliance with applicable civil rights laws, including title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), 42 U.S.C. 2000d-1, et seq.

Based on your letter, this office has reviewed the criticisms you have conveyed and has concluded that continued use of the Revised Form is inappropriate. Accordingly, the Department has ceased use of the Revised Form.

Please be assured that the Department appreciates the considerable effort that you made in bringing this matter to our attention.

Sincerely,

Eric J. Fygi,

Acting General Counsel