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fraudulent pretenses, representations, or promises regarding that employment; <br />(D) Charging recruited employees a placement or recruitment fee; or <br />(E) Providing or arranging housing that fails to meet the host country’s housing and safety standards. <br />(2) The Federal agency may unilaterally terminate this award or take any remedial <br />actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award: <br />(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or <br />(ii) Has an employee that is determined to have violated a prohibition in paragraph <br />(a)(1) of this this appendix through conduct that is either: <br />(A) Associated with the performance under this award; or <br />(B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an <br />individual to an organization that are provided in 2 CFR part 180, ‘‘OMB <br />Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ <br />at 2 C.F.R. Part 2867. <br />(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency <br />may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. <br />7104b(c), without penalty, if a subrecipient that is a private entity under this award: <br />(i) Is determined to have violated a prohibition in paragraph (a)(1) of this <br />appendix; or <br />(ii) Has an employee that is determined to have violated a prohibition in paragraph <br />(a)(1) of this appendix through conduct that is either: <br />(A) Associated with the performance under this award; or <br />(B) Imputed to the subrecipient using the standards and due process for imputing the <br />conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB <br />Guidelines to Agencies on Government-wide Debarment and Suspension <br />(Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. <br />(c) Provisions applicable to any recipient. <br />(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any <br />information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. <br />(2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this <br />appendix: <br />(i) Implements the requirements of 22 U.S.C. 78, and <br />(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. <br />(3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a <br />private entity. <br />(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR <br />175.105(b). <br />(d) Definitions. For purposes of this award term: <br />Employee means either: <br />(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or <br />program under this award; or <br />(2) Another person engaged in the performance of the project or program under this award and not compensated by <br />the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an <br />in-kind contribution toward cost sharing <br />requirements. <br />Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher <br />education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states <br />as defined in 2 CFR 200.1. <br />The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse <br />of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section <br />103 of the TVPA, as amended (22 U.S.C. 7102). <br />Condition 12 <br />Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for <br />the following reasons: <br />(1) When the recipient fails to comply with the terms and conditions of a Federal award. <br />(2) When the recipient agrees to the termination and termination conditions. <br />(3) When the recipient provides the COPS Office written notification requesting termination including the reasons, <br />effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the <br />remaining portion will not accomplish the purposes of the award. <br />Page: 7 of 15