US Dept of Justice 10/14/2020 - Laserfiche WebLink

Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a ` Bureau of Justice Assistance SHEET PAGE 14 OF sl a� < Grant PROJECT NUMBER 2020-DJ-BX-0452 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 31. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement:information-communication restrictions;unallowable costs;notification 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is funded wholly or partly with award funds is subject to any"information-communication restriction." B.Also,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient,at any tier, described in par. 1.A of this condition)that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction. C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of tier)described in par. 1.A of this condition,is in compliance with the award condition entitled "Noninterference(within the funded'program or activity')with federal law enforcement:information-communication restrictions;ongoing compliance." D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient(at any tier)described in par. 1.A of this condition,may be subject to any information- communication restriction.Also,any subaward(at any tier)to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction. 2.Any subaward(at any tier)to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any information- communication restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference...information- communication restrictions;ongoing compliance"award condition. 4.Rules of Construction A.For purposes of this condition"information-communication restriction"has the meaning set out in the "Noninterference...information-communication restrictions;ongoing compliance"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...information- communication restrictions;ongoing compliance"condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2(REV.4-88)