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DHS-FEMA-FWC-FY26 CITY OF EVERETT, FWCGP-3 <br />33 <br /> <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />Article 29 <br />National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and <br />Science Act of 2022, Pub. L. 117-167, Section 10254 <br />(1) Recipient research institutions (“covered institutions”) must comply with the requirements <br />in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) <br />certifying that the institution has established and operates a research security program that <br />includes elements relating to: (a) cybersecurity; (b) foreign travel security; (c) research security <br />training; and (d) export control training, as appropriate. (2) Definition. “Covered institutions” <br />means recipient research institutions receiving federal Research and Development (R&D) <br />science and engineering support <br />“in excess of $50 million per year.” <br />Article 30 <br />Non-Supplanting Requirement <br />Recipients of federal awards under programs that prohibit supplanting by law must ensure <br />that federal funds supplement but do not supplant non-federal funds that, in the absence of <br />such federal funds, would otherwise have been made available for the same p urpose. <br />Article 31 Notice of Funding Opportunity Requirements <br />All the instructions, guidance, limitations, scope of work, and other conditions set forth in <br />the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by <br />reference. All recipients must comply with any such requirements set forth in the NOFO. If a <br />condition of the NOFO is inconsistent with these terms and conditions and any such terms of <br />the federal award, the condition in the NOFO shall be invalid to the extent of the <br />inconsistency. The remainder of that condition and all other conditions set forth in the NOFO <br />shall remain in effect. <br /> <br />Article 32 <br />Patents and Intellectual Property Rights <br />Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations <br />governing inventions and patents, including the regulations issued by the <br />Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by <br />Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and <br />Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. <br />Article 33 <br />Presidential Executive Orders <br />Recipients must comply with the requirements of Presidential Executive Orders related to <br />grants (also known as federal assistance and financial assistance), the full text of which are <br />incorporated by reference. <br />Docusign Envelope ID: C48F4E16-A9AD-8FF3-80DC-5F70DCFC05F2