|
(4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program
<br />goals or agency priorities to the extent such termination is authorized by law.
<br />2. C.F.R. § 200.340.
<br />Condition 13
<br />Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the
<br />following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient
<br />Integrity and Performance Matters:
<br />I. Reporting of Matters Related to Recipient Integrity and Performance
<br />(a) General Reporting Requirement.
<br />(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal
<br />agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you
<br />as the recipient must ensure the information available in the responsibility/qualification records through the System for
<br />Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this
<br />award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as
<br />amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in
<br />responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for
<br />Federal procurement contracts) will be publicly available.
<br />(b) Proceedings About Which You Must Report.
<br />(1) You must submit the required information about each proceeding that—
<br />(i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the
<br />Federal Government;
<br />(ii) Reached its final disposition during the most recent five-year period; and
<br />(iii) Is one of the following—
<br />(A) A criminal proceeding that resulted in a conviction;
<br />(B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty,
<br />reimbursement, restitution, or damages of $5,000 or more;
<br />(C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary
<br />fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
<br />(D) Any other criminal, civil, or administrative proceeding if—
<br />(1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);
<br />(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
<br />(3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable
<br />laws and regulations.
<br />(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of
<br />this award term. You do not need to submit the information a second time under grants and cooperative agreements
<br />that you received if you already provided the information in SAM.gov because you were required to do so under
<br />Federal procurement contracts that you were awarded.
<br />(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this
<br />award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report
<br />new information about a proceeding that you have not reported previously or affirm that there is no new information to
<br />report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater
<br />than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative
<br />proceedings.
<br />(e) Definitions. For purposes of this award term—
<br />Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or
<br />liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract
<br />Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the
<br />Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include
<br />audits, site visits, corrective plans, or inspection of deliverables.
<br />Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether
<br />entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of
<br />currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share
<br />already received plus any anticipated Federal share under those awards (such as continuation funding).
<br />Condition 14
<br />Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of
<br />2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:
<br />Page: 8 of 15
|