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U.S. Department of Health and Human Services

Standard Terms and Conditions

This award is subject to the requirements of the HHS Grants Policy Statement (HHS GPS) that are applicable to you based on your recipient type and the purpose of this award. This includes requirements in Parts I and II) of the HHS GPS. Although consistent with the HHS GPS, any applicable statutory or regulatory requirements, including 45 CFR Part 74 or 92, directly apply to this award apart from any coverage in the HHS GPS.

Initial expenditure of funds by the grantee constitutes acceptance of this award and all terms and conditions.

By drawing down funds, Awardee certifies that proper financial management controls and accounting systems to include personnel policies and procedures have been established to adequately administer Federal awards and funds drawn down are being used in accordance with applicable Federal cost principles, regulations and Budget and Congressional intent of the President.

Requests that require prior approval from the awarding office (See 45 CFR Part 74.25 or 45 CFR Part 92.30) must be submitted in writing to the Grants Management Specialist. Only responses signed by the Grants Management Officer are to be considered valid. Grantees who take action on the basis of responses from other officials do so at their own risk. Such responses will not be considered binding by or upon ASPR.


Cooperative Agreement (if applicable)

This award is issued as a cooperative agreement, a financial assistance mechanism in which substantial ASPR programmatic involvement is anticipated. This award is subject to the awardee and collaborative requirements and responsibilities set forth in the Cooperative Agreement outlined in the funding opportunity announcement and are hereby incorporated by reference as special terms and conditions of this award.


Subaward Equal Treatment

The recipient must comply with 45 CFR 87, including the provision that no State or local government recipient nor any intermediate organization with the same duties as a governmental entity shall, in the selection of service providers, discriminate for or against an organization’s religious character or affiliation.


Assurance – Drug Free Workplace

You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of part 382, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152–5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100–690, Title V, Subtitle D; 41 U.S.C. 701–707).


Procurement

When procuring equipment, the recipient must comply with the procurement standards at 45 CFR Part 92.36 and 45 CFR 74.40 through 74.48, including 74.45, which requires the performance and documentation of some form of cost or price analysis with every procurement action.


Central Contractor Registration and Universal Identifier Requirements

  1. Requirement for Central Contractor Registration (CCR): Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.
  2. Requirement for Data Universal Numbering System (DUNS) Numbers: If you are authorized to make subawards under this award, you:
    1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.
    2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
  3. Definitions:  For purposes of this award term:
    1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the System for Award Management
    2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities.
    3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:
      1. A Governmental organization, which is a State, local government, or Indian Tribe;
      2. A foreign public entity;
      3. A domestic or foreign nonprofit organization;
      4. A domestic or foreign for-profit organization; and
      5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
    4. Subaward:
      1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.
      2. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ll.210 of the attachment to OMB Circular A– 133, ‘‘Audits of States, Local Governments, and Non-Profit Organizations’’).
      3. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
    5. Subrecipient means an entity that:
      1. Receives a subaward from you under this award; and
      2. Is accountable to you for the use of the Federal funds provided by the subaward.

FFATA Subaward and Executive Compensation Reporting – DOES NOT APPLY TO THIS AWARD

  1. Reporting Subawards and Executive Compensation.
    1. Reporting of first-tier subawards.
      1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111–5) for a subaward to an entity (see definitions in paragraph e. of this award term).
      2. Where and when to report.
        1. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
        2. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
      3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
    2. Reporting Total Compensation of Recipient Executives.
      1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—
        1. the total Federal funding authorized to date under this award is $25,000 or more;
        2. in the preceding fiscal year, you received—
          1. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
          2. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
        3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings).
      2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
        1. As part of your registration profile . at http://www.ccr.gov.
        2. By the end of the month following the month in which this award is made, and annually
        3. thereafter.
    3. Reporting of Total Compensation of Subrecipient Executives.
      1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
        1. in the subrecipient's preceding fiscal year, the subrecipient received—
          1. (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
          2. (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
        2. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings . at http://www.sec.gov/answers/execomp.htm)
      2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
        1. To the recipient.
        2. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
    4. Exemptions: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
      1. Subawards, and
      2. The total compensation of the five most highly compensated executives of any subrecipient.
    5. Definitions. For purposes of this award term:
      1. Entity means all of the following, as defined in 2 CFR part 25:
        1. A Governmental organization, which is a State, local government, or Indian tribe;
        2. A foreign public entity;
        3. A domestic or foreign nonprofit organization;
        4. A domestic or foreign for-profit organization;
        5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
      2. Executive means officers, managing partners, or any other employees in management positions.
      3. Subaward:
        1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.
        2. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB Circular
          1. A–133, “Audits of States, Local Governments, and Non-Profit Organizations”).
        3. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
      4. Subrecipient means an entity that:
        1. Receives a subaward from you (the recipient) under this award; and
        2. Is accountable to you for the use of the Federal funds provided by the subaward.
      5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
        1. Salary and bonus.
        2. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
        3. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
        4. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
        5. Above-market earnings on deferred compensation which is not tax-qualified.
        6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

Trafficking In Persons

  1. Provisions applicable to a recipient that is a private entity.
    1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not—
      1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
      2. Procure a commercial sex act during the period of time that the award is in effect; or
      3. Use forced labor in the performance of the award or subawards under the award.
    2. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity –
      1. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
      2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—
        1. Associated with performance under this award; or
        2. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 376.
  2. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
      1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
      2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either—
        1. Associated with performance under this award; or
        2. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 376
  3. Provisions applicable to any recipient.
    1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term
    2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
      1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
      2. Is in addition to all other remedies for noncompliance that are available to us under this award.
    3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.

Reducing Text Messaging While Driving

In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, dated October 1, 2009, contractors, subcontractors, and recipients and subrecipients are encouraged “to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government.

Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.”

Inventions: Acceptance of grant funds obligates recipients to comply with the standard patent rights clause in 37 CFR 401.14.

Publications: Publications, journal articles, etc. produced under a grant support project must bear an acknowledgment and disclaimer, as appropriate, for example:

This publication (journal article, etc.) was supported by the Cooperative Agreement Number above from The Assistant Secretary for Preparedness and Response. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of The Assistant Secretary for Preparedness and Response.


Federal Information Security Management Act (FISMA):

If applicable, all information systems, electronic or hard copy which contain federal data need to be protected from unauthorized access. This also applies to information associated with ASPR grants. Congress and the OMB have instituted laws, policies and directives that govern the creation and implementation of federal information security practices that pertain specifically to grants and contracts. The current regulations are pursuant to the Federal Information Security Management Act (FISMA), Title III of the E-Government Act of 2002 Pub. L. No. 107-347.

  • This page last reviewed: November 20, 2017