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e-CFR=20 Data is current as of July 2, 2010


Title 7:=20 Agriculture

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PART 3019=97UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND = AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND = OTHER=20 NON-PROFIT ORGANIZATIONS
Section Contents

Subpart=20 A=97General

=A7 3019.1  = ; Purpose.
=A7 3019.2  = ; Definitions.
=A7 3019.3  = ; Effect=20 on other issuances.
=A7 3019.4  = ; Deviations.
=A7 3019.5  = ; Subawards.

Subpart=20 B=97Pre-Award Requirements

=A7 3019.10 &nbs= p; Purpose.
=A7 3019.11 &nbs= p; Pre-award=20 policies.
=A7 3019.12 &nbs= p; Forms=20 for applying for Federal assistance.
=A7 3019.13 &nbs= p; Debarment=20 and suspension.
=A7 3019.14 &nbs= p; Special=20 award conditions.
=A7 3019.15 &nbs= p; Metric=20 system of measurement.
=A7 3019.16 &nbs= p; Resource=20 Conservation and Recovery Act.
=A7 3019.17 &nbs= p; Certifications=20 and representations.

Subpart=20 C=97Post-Award Requirements


Financial=20 and Program Management
=A7 3019.20 &nbs= p; Purpose=20 of financial and program management.
=A7 3019.21 &nbs= p; Standards=20 for financial management systems.
=A7 3019.22 &nbs= p; Payment.
=A7 3019.23 &nbs= p; Cost=20 sharing or matching.
=A7 3019.24 &nbs= p; Program=20 income.
=A7 3019.25 &nbs= p; Revision=20 of budget and program plans.
=A7 3019.26 &nbs= p; Non-Federal=20 audits.
=A7 3019.27 &nbs= p; Allowable=20 costs.
=A7 3019.28 &nbs= p; Period=20 of availability of funds.

Property=20 Standards
=A7 3019.30 &nb= sp; Purpose=20 of property standards.
=A7 3019.31 &nb= sp; Insurance=20 coverage.
=A7 3019.32 &nb= sp; Real=20 property.
=A7 3019.33 &nb= sp; Federally-owned=20 and exempt property.
=A7 3019.34 &nb= sp; Equipment.
=A7 3019.35 &nb= sp; Supplies=20 and other expendable property.
=A7 3019.36 &nb= sp; Intangible=20 property.
=A7 3019.37 &nb= sp; Property=20 trust relationship.

Procurement=20 Standards
=A7 3019.40 &nb= sp; Purpose=20 of procurement standards.
=A7 3019.41 &nb= sp; Recipient=20 responsibilities.
=A7 3019.42 &nb= sp; Codes=20 of conduct.
=A7 3019.43 &nb= sp; Competition.
=A7 3019.44 &nb= sp; Procurement=20 procedures.
=A7 3019.45 &nb= sp; Cost=20 and price analysis.
=A7 3019.46 &nb= sp; Procurement=20 records.
=A7 3019.47 &nb= sp; Contract=20 administration.
=A7 3019.48 &nb= sp; Contract=20 provisions.

Reports=20 and Records
=A7 3019.50 &nb= sp; Purpose=20 of reports and records.
=A7 3019.51 &nb= sp; Monitoring=20 and reporting program performance.
=A7 3019.52 &nb= sp; Financial=20 reporting.
=A7 3019.53 &nb= sp; Retention=20 and access requirements for records.

Termination=20 and Enforcement
=A7 3019.60 &nb= sp; Purpose=20 of termination and enforcement.
=A7 3019.61 &nb= sp; Termination.
=A7 3019.62 &nb= sp; Enforcement.

Subpart=20 D=97After-the-Award = Requirements

=A7 3019.70 &nbs= p; Purpose.
=A7 3019.71 &nbs= p; Closeout=20 procedures.
=A7 3019.72 &nbs= p; Subsequent=20 adjustments and continuing responsibilities.
=A7 3019.73 &nbs= p; Collection=20 of amounts due.
Appendix=20 A to Part 3019=97Contract Provisions

Authority:   5 U.S.C. 301; 31 = U.S.C.=20 901=96903; 7 CFR 2.28.=20

Source:   60 FR 44124, Aug. = 24, 1995,=20 unless otherwise noted.=20

Subpart A=97General
=20 top=20
=A7 3019.1   Purpose.
=20 top=20

(a) This part establishes uniform administrative requirements = for=20 Federal grants and agreements awarded to institutions of higher = education,=20 hospitals, and other non-profit organizations. Federal awarding = agencies=20 shall not impose additional or inconsistent requirements, except = as=20 provided in =A7=A73019.4, and 3019.14 or unless specifically = required by=20 Federal statute or executive order. Non-profit organizations that=20 implement Federal programs for the States are also subject to = State=20 requirements.

(b) This part also applies specifically to the grants, = agreements and=20 subawards to institutions of higher education, hospitals, and = other=20 non-profit organizations that are awarded to carry out the = following=20 entitlement programs:

(1) Entitlement grants under the following programs authorized = by The=20 Richard B. Russell National School Lunch Act:

(i) National School Lunch Program, General Assistance (section = 4 of the=20 Act),

(ii) Commodity Assistance (section 6 of the Act),

(iii) National School Lunch Program, Special Meal Assistance = (section=20 11 of the Act),

(iv) Summer Food Service Program for Children (section 13 of = the Act),=20 and

(v) Child and Adult Care Food Program (section 17 of the = Act).

(2) Entitlement grants under the following programs authorized = by The=20 Child Nutrition Act of 1966:

(i) Special Milk Program for Children (section 3 of the Act), = and

(ii) School Breakfast Program (section 4 of the Act).

(3) Entitlement grants for State Administrative Expenses under = The Food=20 Stamp Act of 1977 (section 16 of the Act).

[60 FR 44124, Aug. 24, 1995, as amended at 65 FR 49480, Aug. = 14,=20 2000]

=A7 3019.2   Definitions.
=20 top=20

(a) Accrued expenditures means the charges incurred by = the=20 recipient during a given period requiring the provision of funds = for:

(1) Goods and other tangible property received;

(2) Services performed by employees, contractors, = subrecipients, and=20 other payees; and

(3) Other amounts becoming owed under programs for which no = current=20 services or performance is required.

(b) Accrued income means the sum of:

(1) Earnings during a given period from:

(i) Services performed by the recipient, and

(ii) Goods and other tangible property delivered to purchasers, = and

(2) Amounts becoming owed to the recipient for which no current = services or performance is required by the recipient.

(c) Acquisition cost of equipment means the net invoice = price of=20 the equipment, including the cost of modifications, attachments,=20 accessories, or auxiliary apparatus necessary to make the property = usable=20 for the purpose for which it was acquired. Other charges, such as = the cost=20 of installation, transportation, taxes, duty or protective = in-transit=20 insurance, shall be included or excluded from the unit acquisition = cost in=20 accordance with the recipient's regular accounting practices.

(d) Advance means a payment made by Treasury check or = other=20 appropriate payment mechanism to a recipient upon its request = either=20 before outlays are made by the recipient or through the use of=20 predetermined payment schedules.

(e) Award means financial assistance that provides = support or=20 stimulation to accomplish a public purpose. Awards include grants = and=20 other agreements in the form of money or property in lieu of = money, by the=20 Federal Government to an eligible recipient. The term does not = include:=20 technical assistance, which provides services instead of money; = other=20 assistance in the form of loans, loan guarantees, interest = subsidies, or=20 insurance; direct payments of any kind to individuals; contracts = which are=20 required to be entered into and administered under procurement = laws and=20 regulations; and those agreements that are entered into under the=20 authorities provided by sections 1472(b), 1473A, and 1473C of the = National=20 Research Extension, and Teaching Policy Act of 1977 (as amended by = the=20 Food Security Act (7 U.S.C. 3318, 3319a and 3319c.) and subsequent = authorizations.

(f) Cash contributions means the recipient's cash = outlay,=20 including the outlay of money contributed to the recipient by = third=20 parties.

(g) Closeout means the process by which a Federal = awarding=20 agency determines that all applicable administrative actions and = all=20 required work of the award have been completed by the recipient = and=20 Federal awarding agency.

(h) Contract means a procurement contract under an award = or=20 subaward, and a procurement subcontract under a recipient's or=20 subrecipient's contract.

(i) Cost sharing or matching means that portion of = project or=20 program costs not borne by the Federal Government.

(j) Date of completion means the date on which all work = under an=20 award is completed or the date on the award document, or any = supplement or=20 amendment thereto, on which Federal sponsorship ends.

(k) Disallowed costs means those charges to an award = that the=20 Federal awarding agency determines to be unallowable, in = accordance with=20 the applicable Federal cost principles or other terms and = conditions=20 contained in the award.

(l) Equipment means tangible nonexpendable personal = property=20 including exempt property charged directly to the award having a = useful=20 life of more than one year and an acquisition cost of $5000 or = more per=20 unit. However, consistent with recipient policy, lower limits may = be=20 established.

(m) Excess property means property under the control of = any=20 Federal awarding agency that, as determined by the head thereof, = is no=20 longer required for its needs or the discharge of its=20 responsibilities.

(n) Exempt property means tangible personal property = acquired in=20 whole or in part with Federal funds, where the Federal awarding = agency has=20 statutory authority to vest title in the recipient without further = obligation to the Federal Government. An example of exempt = property=20 authority is contained in the Federal Grant and Cooperative = Agreement Act=20 (31 U.S.C. 6306), for property acquired under an award to conduct = basic or=20 applied research by a non-profit institution of higher education = or=20 non-profit organization whose principal purpose is conducting = scientific=20 research.

(o) Federal awarding agency means the U.S. Department of = Agriculture (USDA) or any subagency of the U.S. Department of = Agriculture=20 that provides an award to the recipient.

(p) Federal funds authorized means the total amount of = Federal=20 funds obligated by the Federal Government for use by the = recipient. This=20 amount may include any authorized carryover of unobligated funds = from=20 prior funding periods when permitted by agency regulations or = agency=20 implementing instructions.

(q) Federal share of real property, equipment, or = supplies means=20 that percentage of the property's acquisition costs and any = improvement=20 expenditures paid with Federal funds.

(r) Funding period means the period of time when Federal = funding=20 is available for obligation by the recipient.

(s) Intangible property and debt instruments means, but = is not=20 limited to, trademarks, copyrights, patents and patent = applications and=20 such property as loans, notes and other debt instruments, lease=20 agreements, stock and other instruments of property ownership, = whether=20 considered tangible or intangible.

(t) Obligations means the amounts of orders placed, = contracts=20 and grants awarded, services received and similar transactions = during a=20 given period that require payment by the recipient during the same = or a=20 future period.

(u) Outlays or expenditures means charges made to the = project or=20 program. They may be reported on a cash or accrual basis. For = reports=20 prepared on a cash basis, outlays are the sum of cash = disbursements for=20 direct charges for goods and services, the amount of indirect = expense=20 charged, the value of third party in-kind contributions applied = and the=20 amount of cash advances and payments made to subrecipients. For = reports=20 prepared on an accrual basis, outlays are the sum of cash = disbursements=20 for direct charges for goods and services, the amount of indirect = expense=20 incurred, the value of in-kind contributions applied, and the net = increase=20 (or decrease) in the amounts owed by the recipient for goods and = other=20 property received, for services performed by employees, = contractors,=20 subrecipients and other payees and other amounts becoming owed = under=20 programs for which no current services or performance are = required.

(v) Personal property means property of any kind except = real=20 property. It may be tangible, having physical existence, or = intangible,=20 having no physical existence, such as copyrights, patents, or=20 securities.

(w) Prior approval means written approval by an = authorized=20 official evidencing prior consent.

(x) Program income means gross income earned by the = recipient=20 that is directly generated by a supported activity or earned as a = result=20 of the award (see exclusions in =A7=A73019.24 (e) and (h)). = Program income=20 includes, but is not limited to, income from fees for services = performed,=20 the use or rental of real or personal property acquired under=20 federally-funded projects, the sale of commodities or items = fabricated=20 under an award, license fees and royalties on patents and = copyrights, and=20 interest on loans made with award funds. Interest earned on = advances of=20 Federal funds is not program income. Except as otherwise provided = in=20 Federal awarding agency regulations or the terms and conditions of = the=20 award, program income does not include the receipt of principal on = loans,=20 rebates, credits, discounts, etc., or interest earned on any of = them.

(y) Project costs means all allowable costs, as set = forth in the=20 applicable Federal cost principles, incurred by a recipient and = the value=20 of the contributions made by third parties in accomplishing the = objectives=20 of the award during the project period.

(z) Project period means the period established in the = award=20 document during which Federal sponsorship begins and ends.

(aa) Property means, unless otherwise stated, real = property,=20 equipment, intangible property and debt instruments.

(bb) Real property means land, including land = improvements,=20 structures and appurtenances thereto, but excludes movable = machinery and=20 equipment.

(cc) Recipient means an organization receiving financial = assistance directly from Federal awarding agencies to carry out a = project=20 or program. The term includes public and private institutions of = higher=20 education, public and private hospitals, and other quasi-public = and=20 private non-profit organizations such as, but not limited to, = community=20 action agencies, research institutes, educational associations, = and health=20 centers. The term may include commercial organizations, foreign or = international organizations (such as agencies of the United = Nations) which=20 are recipients, subrecipients, or contractors or subcontractors of = recipients or subrecipients at the discretion of the Federal = awarding=20 agency. The term does not include government-owned = contractor-operated=20 facilities or research centers providing continued support for=20 mission-oriented, large-scale programs that are government-owned = or=20 controlled, or are designated as federally-funded research and = development=20 centers.

(dd) Research and development means all research = activities,=20 both basic and applied, and all development activities that are = supported=20 at universities, colleges, and other non-profit institutions. = =93Research=94=20 is defined as a systematic study directed toward fuller scientific = knowledge or understanding of the subject studied. = =93Development=94 is the=20 systematic use of knowledge and understanding gained from research = directed toward the production of useful materials, devices, = systems, or=20 methods, including design and development of prototypes and = processes. The=20 term research also includes activities involving the training of=20 individuals in research techniques where such activities utilize = the same=20 facilities as other research and development activities and where = such=20 activities are not included in the instruction function.

(ee) Small awards means a grant or cooperative agreement = not=20 exceeding the small purchase threshold fixed at 41 U.S.C. 403(11)=20 (currently $25,000).

(ff) Subaward means an award of financial assistance in = the form=20 of money, or property in lieu of money, made under an award by a = recipient=20 to an eligible subrecipient or by a subrecipient to a lower tier=20 subrecipient. The term includes financial assistance when provided = by any=20 legal agreement, even if the agreement is called a contract, but = does not=20 include procurement of goods and services nor does it include any = form of=20 assistance which is excluded from the definition of =93award=94 in = paragraph=20 (e) of this section.

(gg) Subrecipient means the legal entity to which a = subaward is=20 made and which is accountable to the recipient for the use of the = funds=20 provided. The term may include foreign or international = organizations=20 (such as agencies of the United Nations) at the discretion of the = Federal=20 awarding agency.

(hh) Supplies means all personal property excluding = equipment,=20 intangible property, and debt instruments as defined in this = section, and=20 inventions of a contractor conceived or first actually reduced to = practice=20 in the performance of work under a funding agreement (=93subject=20 inventions=94), as defined in 37 CFR part 401, =93Rights to = Inventions Made by=20 Nonprofit Organizations and Small Business Firms Under Government = Grants,=20 Contracts, and Cooperative Agreements.=94

(ii) Suspension means an action by a Federal awarding = agency=20 that temporarily withdraws Federal sponsorship under an award, = pending=20 corrective action by the recipient or pending a decision to = terminate the=20 award by the Federal awarding agency. Suspension of an award is a = separate=20 action from suspension under Federal agency regulations = implementing E.O.s=20 12549 and 12689, =93Debarment and Suspension.=94

(jj) Termination means the cancellation of Federal = sponsorship,=20 in whole or in part, under an agreement at any time prior to the = date of=20 completion.

(kk) Third party in-kind contributions means the value = of=20 non-cash contributions provided by non-Federal third parties. = Third party=20 in-kind contributions may be in the form of real property, = equipment,=20 supplies and other expendable property, and the value of goods and = services directly benefiting and specifically identifiable to the = project=20 or program.

(ll) Unliquidated obligations, for financial reports = prepared on=20 a cash basis, means the amount of obligations incurred by the = recipient=20 that have not been paid. For reports prepared on an accrued = expenditure=20 basis, they represent the amount of obligations incurred by the = recipient=20 for which an outlay has not been recorded.

(mm) Unobligated balance means the portion of the funds=20 authorized by the Federal awarding agency that has not been = obligated by=20 the recipient and is determined by deducting the cumulative = obligations=20 from the cumulative funds authorized.

(nn) Unrecovered indirect cost means the difference = between the=20 amount awarded and the amount which could have been awarded under = the=20 recipient's approved negotiated indirect cost rate.

(oo) Working capital advance means a procedure where by = funds=20 are advanced to the recipient to cover its estimated disbursement = needs=20 for a given initial period.

[60 FR 44124, Aug. 24, 1995, as amended at 65 FR 49482, Aug. = 14,=20 2000]

=A7 3019.3   Effect on other = issuances.
=20 top=20

For awards subject to this part, all administrative = requirements of=20 codified program regulations, program manuals, handbooks and other = nonregulatory materials which are inconsistent with the = requirements of=20 this part shall be superseded, except to the extent they are = required by=20 statute, or authorized in accordance with the deviations provision = in=20 =A73019.4.

=A7 3019.4   Deviations.
=20 top=20

The Office of Management and Budget (OMB) may grant exceptions = for=20 classes of grants or recipients subject to the requirements of = this part=20 when exceptions are not prohibited by statute. However, in the = interest of=20 maximum uniformity, exceptions from the requirements of this part = shall be=20 permitted only in unusual circumstances. Federal awarding agencies = may=20 apply more restrictive requirements to a class of recipients when = approved=20 by OMB. Federal awarding agencies may apply less restrictive = requirements=20 when awarding small awards, except for those requirements which = are=20 statutory. Exceptions on a case-by-case basis may also be made by = Federal=20 awarding agencies.

=A7 3019.5   Subawards.
=20 top=20

Unless sections of this part specifically exclude subrecipients = from=20 coverage, the provisions of this part shall be applied to = subrecipients=20 performing work under awards if such subrecipients are = institutions of=20 higher education, hospitals or other non-profit organizations. = State and=20 local government subrecipients are subject to the provisions of=20 regulations implementing the grants management common rule, = =93Uniform=20 Administrative Requirements for Grants and Cooperative Agreements = to State=20 and Local Government,=94 codified at 7 CFR part 3016.

Subpart B=97Pre-Award Requirements
=20 top=20
=A7 3019.10   Purpose.
=20 top=20

Sections 3019.11 through 3019.17 prescribe forms and = instructions and=20 other pre-award matters to be used in applying for Federal = awards.

=A7 3019.11   Pre-award = policies.
=20 top=20

(a) Use of grants and cooperative agreements, and contracts. = In=20 each instance, the Federal awarding agency shall decide on the = appropriate=20 award instrument ( i.e. , grant, cooperative agreement, or=20 contract). The Federal Grant and Cooperative Agreement Act (31 = U.S.C.=20 6301=9608) governs the use of grants, cooperative agreements and = contracts.=20 A grant or cooperative agreement shall be used only when the = principal=20 purpose of a transaction is to accomplish a public purpose of = support or=20 stimulation authorized by Federal statute. The statutory criterion = for=20 choosing between grants and cooperative agreements is that for the = latter,=20 =93substantial involvement is expected between the executive = agency and the=20 State, local government, or other recipient when carrying out the = activity=20 contemplated in the agreement.=94 Contracts shall be used when the = principal=20 purpose is acquisition of property or services for the direct = benefit or=20 use of the Federal Government.

(b) Public notice and priority setting. Federal awarding = agencies shall notify the public of its intended funding = priorities for=20 discretionary grant programs, unless funding priorities are = established by=20 Federal statute.

=A7 3019.12   Forms for applying for = Federal=20 assistance.
=20 top=20

(a) Federal awarding agencies shall comply with the applicable = report=20 clearance requirements of 5 CFR part 1320, =93Controlling = Paperwork Burdens=20 on the Public,=94 with regard to all forms used by the Federal = awarding=20 agency in place of or as a supplement to the Standard Form 424 = (SF=96424)=20 series.

(b) Applicants shall use the SF=96424 series or those forms and = instructions prescribed by the Federal awarding agency.

(c) For Federal programs covered by E.O. 12372, = =93Intergovernmental=20 Review of Federal Programs,=94 the applicant shall complete the = appropriate=20 sections of the SF=96424 (Application for Federal Assistance) = indicating=20 whether the application was subject to review by the State Single = Point of=20 Contact (SPOC). The name and address of the SPOC for a particular = State=20 can be obtained from the Federal awarding agency or the Catalog of = Federal=20 Domestic Assistance. The SPOC shall advise the applicant whether = the=20 program for which application is made has been selected by that = State for=20 review. The U.S. Department of Agriculture procedures implementing = E.O.=20 12372 are found at CFR part 3015.

(d) Federal awarding agencies that do not use the SF=96424 form = should=20 indicate whether the application is subject to review by the State = under=20 E.O. 12372.

=A7 3019.13   Debarment and = suspension.
=20 top=20

Federal awarding agencies and recipients shall comply with the=20 nonprocurement debarment and suspension common rule implementing = E.O.s=20 12549 and 12669, =93Debarment and Suspension,=94 codified at 7 CFR = 3017. This=20 common rule restricts subawards and contracts with certain parties = that=20 are debarred, suspended or otherwise excluded from or ineligible = for=20 participation in Federal assistance programs or activities.

=A7 3019.14   Special award = conditions.
=20 top=20

If an applicant or recipient.

(a) Has a history of poor performance,

(b) Is not financially stable,

(c) Has a management system that does not meet the standards = prescribed=20 in this part,

(d) Has not conformed to the terms and conditions of a previous = award,=20 or

(e) Is not otherwise responsible,

Federal awarding agencies may impose additional requirements as = needed,=20 provided that such applicant or recipient is notified in writing = as to:=20 the nature of the additional requirements, the reason why the = additional=20 requirements are being imposed, the nature of the corrective = action=20 needed, the time allowed for completing the corrective actions, = and the=20 method for requesting reconsideration of the additional = requirements=20 imposed. Any special conditions shall be promptly removed once the = conditions that prompted them have been corrected.

=A7 3019.15   Metric system of=20 measurement.
=20 top=20

The Metric Conversion Act, as amended by the Omnibus Trade and=20 Competitiveness Act (15 U.S.C. 205) declares that the metric = system is the=20 preferred measurement system for U.S. trade and commerce. The Act = requires=20 each Federal agency to establish a date or dates in consultation = with the=20 Secretary of Commerce, when the metric system of measurement will = be used=20 in the agency's procurements, grants, and other business-related=20 activities. Metric implementation may take longer where the use of = the=20 system is initially impractical or likely to cause significant=20 inefficiencies in the accomplishment of federally-funded = activities.=20 Federal awarding agencies shall follow the provisions of E.O. = 12770,=20 =93Metric Usage in Federal Government Programs.=94

=A7 3019.16   Resource Conservation and = Recovery=20 Act.
=20 top=20

Under the Resource Conservation and Recovery Act (RCRA) (Pub. = L. 94=96580=20 codified at 42 U.S.C. 6962), any State agency or agency of a = political=20 subdivision of a State which is using appropriated Federal funds = must=20 comply with section 6002. Section 6002 requires that preference be = given=20 in procurement programs to the purchase of specific products = containing=20 recycled materials identified in guidelines developed by the = Environmental=20 Protection Agency (EPA) (40 CFR parts 247=96254). Accordingly, = State and=20 local institutions of higher education, hospitals, and non-profit=20 organizations that receive direct Federal awards or other Federal = funds=20 shall give preference in their procurement programs funded with = Federal=20 funds to the purchase of recycled products pursuant to the EPA=20 guidelines.

=A7 3019.17   Certifications and=20 representations.
=20 top=20

Unless prohibited by statute or codified regulation, each = Federal=20 awarding agency is authorized and encouraged to allow recipients = to submit=20 certifications and representations required by statute, executive = order,=20 or regulation on an annual basis, if the recipients have ongoing = and=20 continuing relationships with the agency. Annual certifications = and=20 representations shall be signed by responsible officials with the=20 authority to ensure recipients' compliance with the pertinent=20 requirements.

Subpart C=97Post-Award Requirements
=20 top=20
Financial and Program Management
=20 top=20
=A7 3019.20   Purpose of financial and = program=20 management.
=20 top=20

Sections 3019.21 through 3019.28 prescribe standards for = financial=20 management systems, methods for making payments and rules for: = satisfying=20 cost sharing and matching requirements, accounting for program = income,=20 budget revision approvals, making audits, determining allowability = of=20 cost, and establishing fund availability.

=A7 3019.21   Standards for financial = management=20 systems.
=20 top=20

(a) Federal awarding agencies shall require recipients to = relate=20 financial data to performance data and develop unit cost = information=20 whenever practical.

(b) Recipients' financial management systems shall provide for = the=20 following.

(1) Accurate, current and complete disclosure of the financial = results=20 of each federally-sponsored project or program in accordance with = the=20 reporting requirements set forth in =A73019.52. If a Federal = awarding agency=20 requires reporting on an accrual basis from a recipient that = maintains its=20 records on other than an accrual basis, the recipient shall not be = required to establish an accrual accounting system. These = recipients may=20 develop such accrual data for its reports on the basis of an = analysis of=20 the documentation on hand.

(2) Records that identify adequately the source and application = of=20 funds for federally-sponsored activities. These records shall = contain=20 information pertaining to Federal awards, authorizations, = obligations,=20 unobligated balances, assets, outlays, income and interest.

(3) Effective control over and accountability for all funds, = property=20 and other assets. Recipients shall adequately safeguard all such = assets=20 and assure they are used solely for authorized purposes.

(4) Comparison of outlays with budget amounts for each award. = Whenever=20 appropriate, financial information should be related to = performance and=20 unit cost data.

(5) Written procedures to minimize the time elapsing between = the=20 transfer of funds to the recipient from the U.S. Treasury and the = issuance=20 or redemption of checks, warrants or payments by other means for = program=20 purposes by the recipient. To the extent that the provisions of = the Cash=20 Management Improvement Act (CMIA) (Pub. L. 101=96453) govern, = payment=20 methods of State agencies, instrumentalities, and fiscal agents = shall be=20 consistent with CMIA Treasury-State Agreements or the CMIA default = procedures codified at 31 CFR part 205, =93Withdrawal of Cash From = the=20 Treasury for Advances Under Federal Grant and Other = Programs.=94

(6) Written procedures for determining the reasonableness, = allocability=20 and allowability of costs in accordance with the provisions of the = applicable Federal cost principles and the terms and conditions of = the=20 award.

(7) Accounting records including cost accounting records that = are=20 supported by source documentation.

(c) Where the Federal Government guarantees or insures the = repayment of=20 money borrowed by the recipient, the Federal USDA awarding agency, = at its=20 discretion, may require adequate bonding and insurance if the = bonding and=20 insurance requirements of the recipient are not deemed adequate to = protect=20 the interest of the Federal Government.

(d) The Federal awarding agency may require adequate fidelity = bond=20 coverage where the recipient lacks sufficient coverage to protect = the=20 Federal Government's interest.

(e) Where bonds are required in the situations described in = paragraphs=20 (c) and (d) of this section, the bonds shall be obtained from = companies=20 holding certificates of authority as acceptable sureties, as = prescribed in=20 31 CFR part 223, =93Surety Companies Doing Business With the = United=20 States.=94

=A7 3019.22   Payment.
=20 top=20

(a) Payment methods shall minimize the time elapsing between = the=20 transfer of funds from the United States Treasury and the issuance = or=20 redemption of checks, warrants, or payment by other means by the=20 recipients. Payment methods of State agencies or instrumentalities = shall=20 be consistent with Treasury-State CMIA agreements or default = procedures=20 codified at 31 CFR part 205.

(b) Recipients are to be paid in advance, provided they = maintain or=20 demonstrate the willingness to maintain: written procedures that = minimize=20 the time elapsing between the transfer of funds and disbursement = by the=20 recipient, and financial management systems that meet the = standards for=20 fund control and accountability as established in =A73019.21. Cash = advances=20 to a recipient organization shall be limited to the minimum = amounts needed=20 and be timed to be in accordance with the actual, immediate cash=20 requirements of the recipient organization in carrying out the = purpose of=20 the approved program or project. The timing and amount of cash = advances=20 shall be as close as is administratively feasible to the actual=20 disbursements by the recipient organization for direct program or = project=20 costs and the proportionate share of any allowable indirect = costs.

(c) Whenever possible, advances shall be consolidated to cover=20 anticipated cash needs for all awards made by the Federal awarding = agency=20 to the recipient.

(1) Advance payment mechanisms include, but are not limited to, = Treasury check and electronic funds transfer.

(2) Advance payment mechanisms are subject to 31 CFR part = 205.

(3) Recipients shall be authorized to submit requests for = advances and=20 reimbursements at least monthly when electronic fund transfers are = not=20 used.

(d) Requests for Treasury check advance payment shall be = submitted on=20 SF=96270, =93Request for Advance or Reimbursement,=94 or other = forms as may be=20 authorized by OMB. This form is not to be used when Treasury check = advance=20 payments are made to the recipient automatically through the use = of a=20 predetermined payment schedule or if precluded by special Federal = awarding=20 agency instructions for electronic funds transfer.

(e) Reimbursement is the preferred method when the requirements = in=20 paragraph (b) of this section cannot be met. Federal awarding = agencies may=20 also use this method on any construction agreement, or if the = major=20 portion of the construction project is accomplished through = private market=20 financing or Federal loans, and the Federal assistance constitutes = a minor=20 portion of the project.

(1) When the reimbursement method is used, the Federal awarding = agency=20 shall make payment within 30 days after receipt of the billing, = unless the=20 billing is improper.

(2) Recipients shall be authorized to submit request for = reimbursement=20 at least monthly when electronic funds transfers are not used.

(f) If a recipient cannot meet the criteria for advance = payments and=20 the Federal awarding agency has determined that reimbursement is = not=20 feasible because the recipient lacks sufficient working capital, = the=20 Federal awarding agency may provide cash on a working capital = advance=20 basis. Under this procedure, the Federal awarding agency shall = advance=20 cash to the recipient to cover its estimated disbursement needs = for an=20 initial period generally geared to the awardee's disbursing cycle. = Thereafter, the Federal awarding agency shall reimburse the = recipient for=20 its actual cash disbursements. The working capital advance method = of=20 payment shall not be used for recipients unwilling or unable to = provide=20 timely advances to their subrecipient to meet the subrecipient's = actual=20 cash disbursements.

(g) To the extent available, recipients shall disburse funds = from=20 repayments to and interest earned on a revolving fund, program = income,=20 rebates, refunds, contract settlements, audit recoveries and = interest=20 earned on such funds before requesting additional cash = payments.

(h) Unless otherwise required by statute, Federal awarding = agencies=20 shall not withhold payments for proper charges made by recipients = at any=20 time during the project period unless paragraphs (h)(1) and (h)(2) = of this=20 section apply.

(1) A recipient has failed to comply with the project = objectives, the=20 terms and conditions of the award, or Federal reporting = requirements.

(2) The recipient or subrecipient is delinquent in a debt to = the Untied=20 States as defined in OMB Circular A=96129, =93Managing Federal = Credit=20 Programs.=94

(3) Under such conditions, the Federal awarding agency may, = upon=20 reasonable notice, inform the recipient that payments shall not be = made=20 for obligations incurred after a specified date until the = conditions are=20 corrected or the indebtedness to the Federal Government is = liquidated.

(i) Standards governing the use of banks and other institutions = as=20 depositories of funds advanced under awards are as follows.

(1) Except for situations described in paragraph (i)(2) of this = section, Federal awarding agencies shall not require separate = depository=20 accounts for funds provided to a recipient or establish any = eligibility=20 requirements for depositories for funds provided to a recipient. = However,=20 recipients must be able to account for the receipt, obligation and = expenditure of funds.

(2) Advances of Federal funds shall be deposited and maintained = in=20 insured accounts whenever possible.

(j) Consistent with the national goal of expanding the = opportunities=20 for women-owned and minority-owned business enterprises, = recipients shall=20 be encouraged to use women-owned and minority-owned banks (a bank = which is=20 owned at least 50 percent by women or minority group members).

(k) Recipients shall maintain advances of Federal funds in = interest=20 bearing accounts, unless paragraphs (k)(1), (k)(2) or (k)(3) of = this=20 section apply.

(1) The recipient receives less than $120,000 in Federal awards = per=20 year.

(2) The best reasonably available interest bearing account = would not be=20 expected to earn interest in excess of $250 per year on Federal = cash=20 balances.

(3) The depository would require an average or minimum balance = so high=20 that it would not be feasible within the expected Federal and = non-Federal=20 cash resources.

(l) For those entities where CMIA and its implementing = regulations do=20 not apply, interest earned on Federal advances deposited in = interest=20 bearing accounts shall be remitted annually to Department of = Health and=20 Human Services, Payment Management System, P.O. Box 6021, = Rockville, MD=20 20852. Interest amounts up to $250 per year may be retained by the = recipient for administrative expense. In keeping with the = Electronic Funds=20 Transfer rules, (31 CFR Part 206), interest should be remitted to = the HHS=20 Payment Management System through an electronic medium such as the = FEDWIRE=20 Deposit system. Recipients which do not have this capability = should use a=20 check. State universities and hospitals shall comply with CMIA, as = it=20 pertains to interest. If an entity subject to CMIA uses its own = funds to=20 pay pre-award costs for discretionary awards without prior written = approval from the Federal awarding agency, it waives its right to = recover=20 the interest under CMIA.

(m) Except as noted elsewhere in this part, only the following = forms=20 shall be authorized for the recipients in requesting advances and=20 reimbursements. Federal agencies shall not require more than an = original=20 and two copies of these forms.

(1) SF=96270, Request for Advance or Reimbursement. Each = Federal awarding=20 agency shall adopt the SF=96270 as a standard form for all = nonconstruction=20 programs when electronic funds transfer or predetermined advance = methods=20 are not used. Federal awarding agencies, however, have the option = of using=20 this form for construction programs in lieu of the SF=96271, = =93Outlay Report=20 and Request for Reimbursement for Construction Programs.=94

(2) SF=96271, Outlay Report and Request for Reimbursement for=20 Construction Programs. Each Federal awarding agency shall adopt = the SF=96271=20 as the standard form to be used for requesting reimbursement for=20 construction programs. However, a Federal awarding agency may = substitute=20 the SF=96270 when the Federal awarding agency determines that it = provides=20 adequate information to meet Federal needs.

=A7 3019.23   Cost sharing or = matching.
=20 top=20

(a) All contributions, including cash and third party in-kind, = shall be=20 accepted as part of the recipient's cost sharing or matching when = such=20 contributions meet all of the following criteria.

(1) Are verifiable from the recipient's records.

(2) Are not included as contributions for any other = federally-assisted=20 project or program.

(3) Are necessary and reasonable for proper and efficient=20 accomplishment of project or program objectives.

(4) Are allowable under the applicable costs principles.

(5) Are not paid by the Federal Government under another award, = except=20 where authorized by Federal statute to be used for cost sharing or = matching.

(6) Are provided for in the approved budget when required by = the=20 Federal awarding agency.

(7) Conform to other provisions of this part, as = applicable.

(b) Unrecovered indirect costs may be included as part of cost = sharing=20 or matching only with the prior approval of the Federal awarding=20 agency.

(c) Values for recipient contributions of services and property = shall=20 be established in accordance with the applicable cost principles. = If a=20 Federal awarding agency authorizes recipients to donate buildings = or land=20 for construction/facilities acquisition projects or long-term use, = the=20 value of the donated property for cost sharing or matching shall = be the=20 lesser of paragraphs (c)(1) or (c)(2) of this section.

(1) The certified value of the remaining life of the property = recorded=20 in the recipient's accounting records at the time of donation.

(2) The current fair market value. However, when there is = sufficient=20 justification, the Federal awarding agency may approve the use of = the=20 current fair market value of the donated property, even if it = exceeds the=20 certified value at the time of donation to the project.

(d) Volunteer services furnished by professional and technical=20 personnel, consultants, and other skilled and unskilled labor may = be=20 counted as cost sharing or matching if the service is an integral = and=20 necessary part of an approved project or program. Rates for = volunteer=20 services shall be consistent with those paid for similar work in = the=20 recipient's organization. In those instances in which the required = skills=20 are not found in the recipient organization, rates shall be = consistent=20 with those paid for similar work in the labor market in which the=20 recipient competes for the kind of services involved. In either = case, paid=20 fringe benefits that are reasonable, allowable, and allocable may = be=20 included in the valuation.

(e) When an employer other than the recipient furnishes the = services of=20 an employee, these services shall be valued at the employee's = regular rate=20 of pay (plus an amount of fringe benefits that are reasonable, = allowable,=20 and allocable, but exclusive of overhead costs), provided these = services=20 are in the same skill for which the employee is normally paid.

(f) Donated supplies may include such items as expendable = equipment,=20 office supplies, laboratory supplies or workshop and classroom = supplies.=20 Value assessed to donated supplies included in the cost sharing or = matching share shall be reasonable and shall not exceed the fair = market=20 value of the property at the time of the donation.

(g) The method used for determining cost sharing or matching = for=20 donated equipment, buildings and land for which title passes to = the=20 recipient may differ according to the purpose of the award, if = paragraphs=20 (g)(1) or (g)(2) of this section apply.

(1) If the purpose of the award is to assist the recipient in = the=20 acquisition of equipment, buildings or land, the total value of = the=20 donated property may be claimed as cost sharing or matching.

(2) If the purpose of the award is to support activities that = require=20 the use of equipment, buildings or land, normally only = depreciation or use=20 charges for equipment and buildings may be made. However, the full = value=20 of equipment or other capital assets and fair rental charges for = land may=20 be allowed, provided that the Federal awarding agency has approved = the=20 charges.

(h) The value of donated property shall be determined in = accordance=20 with the usual accounting policies of the recipient, with the = following=20 qualifications.

(1) The value of donated land and buildings shall not exceed = its fair=20 market value at the time of donation to the recipient as = established by an=20 independent appraiser (e.g., certified real property appraiser or = General=20 Services Administration representative) and certified by a = responsible=20 official of the recipient.

(2) The value of donated equipment shall not exceed the fair = market=20 value of equipment of the same age and condition at the time of=20 donation.

(3) The value of donated space shall not exceed the fair rental = value=20 of comparable space as established by an independent appraisal of=20 comparable space and facilities in a privately-owned building in = the same=20 locality.

(4) The value of loaned equipment shall not exceed its fair = rental=20 value.

(5) The following requirements pertain to the recipient's = supporting=20 records for in-kind contributions from third parties.

(i) Volunteer services shall be documented and, to the extent = feasible,=20 supported by the same methods used by the recipient for its own=20 employees.

(ii) The basis for determining the valuation of personal = service,=20 material, equipment, buildings and land shall be documented.

=A7 3019.24   Program income.
=20 top=20

(a) Federal awarding agencies shall apply the standards set = forth in=20 this section in requiring recipient organizations to account for = program=20 income related to projects financed in whole or in part with = Federal=20 funds.

(b) Except as provided in paragraph (h) of this section, = program income=20 earned during the project period shall be retained by the = recipient and,=20 in accordance with Federal awarding agency regulations or the = terms and=20 conditions of the award, shall be used in one or more of the ways = listed=20 in the following.

(1) Added to funds committed to the project by the Federal = awarding=20 agency and recipient and used to further eligible project or = program=20 objectives.

(2) Used to finance the non-Federal share of the project or=20 program.

(3) Deducted from the total project or program allowable cost = in=20 determining the net allowable costs on which the Federal share of = costs is=20 based.

(c) When an agency authorizes the disposition of program income = as=20 described in paragraphs (b)(1) or (b)(2) of this section, program = income=20 in excess of any limits stipulated shall be used in accordance = with=20 paragraph (b)(3) of this section.

(d) In the event that the Federal awarding agency does not = specify in=20 its regulations or the terms and conditions of the award how = program=20 income is to be used, paragraph (b)(3) of this section shall apply = automatically to all projects or programs except research. For = awards that=20 support research, paragraph (b)(1) of this section shall apply=20 automatically unless the awarding agency indicates in the terms = and=20 conditions another alternative on the award or the recipient is = subject to=20 special award conditions, as indicated in =A73019.14.

(e) Unless Federal awarding agency regulations or the terms and = conditions of the award provide otherwise, recipients shall have = no=20 obligation to the Federal Government regarding program income = earned after=20 the end of the project period.

(f) If authorized by Federal awarding agency regulations or the = terms=20 and conditions of the award, costs incident to the generation of = program=20 income may be deducted from gross income to determine program = income,=20 provided these costs have not been charged to the award.

(g) Proceeds from the sale of property shall be handled in = accordance=20 with the requirements of the Property Standards (See =A7=A73019.30 = through=20 3019.37).

(h) Unless Federal awarding agency regulations or the terms and = condition of the award provide otherwise, recipients shall have no = obligation to the Federal Government with respect to program = income earned=20 from license fees and royalties for copyrighted material, patents, = patent=20 applications, trademarks, and inventions produced under an award. = However,=20 Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions = made=20 under an experimental, developmental, or research award.

=A7 3019.25   Revision of budget and = program=20 plans.
=20 top=20

(a) The budget plan is the financial expression of the project = or=20 program as approved during the award process. It may include = either the=20 Federal and non-Federal share, or only the Federal share, = depending upon=20 Federal awarding agency requirements. It shall be related to = performance=20 for program evaluation purposes whenever appropriate.

(b) Recipients are required to report deviations from budget = and=20 program plans, and request prior approvals for budget and program = plan=20 revisions, in accordance with this section.

(c) For nonconstruction awards, recipients shall request prior=20 approvals from Federal awarding agencies for one or more of the = following=20 program or budget related reasons.

(1) Change in the scope or the objective of the project or = program=20 (even if there is no associated budget revision requiring prior = written=20 approval).

(2) Change in a key person specified in the application or = award=20 document.

(3) The absence for more than three months, or a 25 percent = reduction=20 in time devoted to the project, by the approved project director = or=20 principal investigator.

(4) The need for additional Federal funding.

(5) The transfer of amounts budgeted for indirect costs to = absorb=20 increases in direct costs, or vice versa, if approval is required = by the=20 Federal awarding agency.

(6) The inclusion, unless waived by the Federal awarding = agency, of=20 costs that require prior approval in accordance with OMB Circular = A=9621,=20 =93Cost Principles for Institutions of Higher Education,=94 OMB = Circular=20 A=96122, =93Cost Principles for Non-Profit Organizations,=94 or 45 = CFR part 74=20 Appendix E, =93Principles for Determining Costs Applicable to = Research and=20 Development under Grants and Contracts with Hospitals,=94 or 48 = CFR part 31,=20 =93Contract Cost Principles and Procedures,=94 as applicable.

(7) The transfer of funds allotted for training allowances = (direct=20 payment to trainees) to other categories of expense.

(8) Unless described in the application and funded in the = approved=20 awards, the subaward, transfer or contracting out of any work = under an=20 award. This provision does not apply to the purchase of supplies,=20 material, equipment or general support services.

(d) No other prior approval requirements for specific items may = be=20 imposed unless a deviation has been approved by OMB.

(e) Except for requirements listed in paragraphs (c)(1) and = (c)(4) of=20 this section, Federal awarding agencies are authorized, at their = option,=20 to waive cost-related and administrative prior written approvals = required=20 by this part and OMB Circulars A=9621 and A=96122. Such waivers = may include=20 authorizing recipients to do any one or more of the following.

(1) Incur pre-award costs 90 calendar days prior to award or = more than=20 90 calendar days with the prior approval of the Federal awarding = agency.=20 All pre-award costs are incurred at the recipient's risk ( i.e. = ,=20 the Federal awarding agency is under no obligation to reimburse = such costs=20 if for any reason the recipient does not receive an award or if = the award=20 is less than anticipated and inadequate to cover such costs).

(2) Initiate a one-time extension of the expiration date of the = award=20 of up to 12 months unless one or more of the following conditions = apply.=20 For one-time extensions, the recipient must notify the Federal = awarding=20 agency in writing with the supporting reasons and revised = expiration date=20 at least 10 days before the expiration date specified in the = award. This=20 one-time extension may not be exercised merely for the purpose of = using=20 unobligated balances.

(i) The terms and conditions of award prohibit the = extension.

(ii) The extension requires additional Federal funds.

(iii) The extension involves any change in the approved = objectives or=20 scope of the project.

(3) Carry forward unobligated balances to subsequent funding=20 periods.

(4) For awards that support research, unless the Federal = awarding=20 agency provides otherwise in the award or in the agency's = regulations, the=20 prior approval requirements described in this paragraph (e) are=20 automatically waived ( i.e. , recipients need not obtain = such prior=20 approvals) unless one of the conditions included in paragraph = (e)(2) of=20 this section applies.

(f) The Federal awarding agency may, at its option, restrict = the=20 transfer of funds among direct cost categories or programs, = functions and=20 activities for awards in which the Federal share of the project = exceeds=20 $100,000 and the cumulative amount of such transfers exceeds or is = expected to exceed 10 percent of the total budget as last approved = by the=20 Federal awarding agency. No Federal awarding agency shall permit a = transfer that would cause any Federal appropriation or part = thereof to be=20 used for purposes other than those consistent with the original = intent of=20 the appropriation.

(g) All other changes to nonconstruction budgets, except for = the=20 changes described in paragraph (j) of this section, do not require = prior=20 approval.

(h) For construction awards, recipients shall request prior = written=20 approval promptly from Federal awarding agencies for budget = revisions=20 whenever paragraphs (h)(1), (h)(2) or (h)(3) of this section = apply.

(1) The revision results from changes in the scope or the = objective of=20 the project or program.

(2) The need arises for additional Federal funds to complete = the=20 project.

(3) A revision is desired which involves specific costs for = which prior=20 written approval requirements may be imposed consistent with = applicable=20 OMB cost principles listed in =A73019.27.

(i) No other prior approval requirements for specific items may = be=20 imposed unless a deviation has been approved by OMB.

(j) When a Federal awarding agency makes an award that provides = support=20 for both construction and nonconstruction work, the Federal = awarding=20 agency may require the recipient to request prior approval from = the=20 Federal awarding agency before making any fund or budget transfers = between=20 the two types of work supported.

(k) For both construction and nonconstruction awards, Federal = awarding=20 agencies shall require recipients to notify the Federal awarding = agency in=20 writing promptly whenever the amount of Federal authorized funds = is=20 expected to exceed the needs of the recipient for the project = period by=20 more than $5000 or five percent of the Federal award, whichever is = greater. This notification shall not be required if an application = for=20 additional funding is submitted for a continuation award.

(l) When requesting approval for budget revisions, recipients = shall use=20 the budget forms that were used in the application unless the = Federal=20 awarding agency indicates a letter of request suffices.

(m) Within 30 calendar days from the date of receipt of the = request for=20 budget revisions, Federal awarding agencies shall review the = request and=20 notify the recipient whether the budget revisions have been = approved. If=20 the revision is still under consideration at the end of 30 = calendar days,=20 the Federal awarding agency shall inform the recipient in writing = of the=20 date when the recipient may expect the decision.

=A7 3019.26   Non-Federal = audits.
=20 top=20

(a) Recipients and subrecipients that are institutions of = higher=20 education or other non-profit organizations (including hospitals) = shall be=20 subject to the audit requirements contained in the Single Audit = Act=20 Amendments of 1996 (31 U.S.C. 7501=967507) and revised OMB = Circular A=96133,=20 =93Audits of States, Local Governments, and Non-Profit = Organizations.=94

(b) State and local governments shall be subject to the audit=20 requirements contained in the Single Audit Act Amendments of 1996 = (31=20 U.S.C. 7501=967507) and revised OMB Circular A=96133, =93Audits of = States, Local=20 Governments, and Non-Profit Organizations.=94

(c) For-profit hospitals not covered by the audit provisions of = revised=20 OMB Circular A=96133 shall be subject to the audit requirements of = the=20 Federal awarding agencies.

(d) Commercial organizations shall be subject to the audit = requirements=20 of the Federal awarding agency or the prime recipient as = incorporated into=20 the award document.

(e) In USDA, revised OMB Circular A=96133 is implemented in 7 = CFR part=20 3052, =93Audits of States, Local Governments, and Non-Profit=20 Organizations.=94

[60 FR 44124, Aug. 24, 1995, as amended at 62 FR 45939, Aug. = 29,=20 1997]

=A7 3019.27   Allowable costs.
=20 top=20

For each kind of recipient, there is a set of Federal = principles for=20 determining allowable costs. Allowability of costs shall be = determined in=20 accordance with the cost principles applicable to the entity = incurring the=20 costs. Thus, allowability of costs incurred by State, local or=20 federally-recognized Indian tribal governments is determined in = accordance=20 with the provisions of OMB Circular A=9687, =93Cost Principles for = State and=20 Local Governments.=94 The allowability of costs incurred by = non-profit=20 organizations is determined in accordance with the provisions of = OMB=20 Circular A=96122, =93Cost Principles for Non-Profit = Organizations.=94 The=20 allowability of costs incurred by institutions of higher education = is=20 determined in accordance with the provisions of OMB Circular = A=9621, =93Cost=20 Principles for Educational Institutions.=94 The allowability of = costs=20 incurred by hospitals is determined in accordance with the = provisions of=20 Appendix E of 45 CFR part 74, =93Principles for Determining Costs = Applicable=20 to Research and Development Under Grants and Contracts with = Hospitals.=94=20 The allowability of costs incurred by commercial organizations and = those=20 non-profit organizations listed in Attachment C to Circular = A=96122 is=20 determined in accordance with the provisions of the Federal = Acquisition=20 Regulation (FAR) at 48 CFR part 31.

=A7 3019.28   Period of availability of=20 funds.
=20 top=20

Where a funding period is specified, a recipient may charge to = the=20 grant only allowable costs resulting from obligations incurred = during the=20 funding period and any pre-award costs authorized by the Federal = awarding=20 agency.

Property Standards
=20 top=20
=A7 3019.30   Purpose of property=20 standards.
=20 top=20

Sections 3019.31 through 3019.37 set forth uniform standards = governing=20 management and disposition of property furnished by the Federal = Government=20 whose cost was charged to a project supported by a Federal award. = Federal=20 awarding agencies shall require recipients to observe these = standards=20 under awards and shall not impose additional requirements, unless=20 specifically required by Federal statute. The recipient may use = its own=20 property management standards and procedures provided it observes = the=20 provisions of =A7=A73019.31 through 3019.37.

=A7 3019.31   Insurance = coverage.
=20 top=20

Recipients shall, at a minimum, provide the equivalent = insurance=20 coverage for real property and equipment acquired with Federal = funds as=20 provided to property owned by the recipient. Federally-owned = property need=20 not be insured unless required by the terms and conditions of the=20 award.

=A7 3019.32   Real property.
=20 top=20

Each Federal awarding agency shall prescribe requirements for=20 recipients concerning the use and disposition of real property = acquired in=20 whole or in part under awards. Unless otherwise provided by = statute, such=20 requirements, at a minimum, shall contain the following.

(a) Title to real property shall vest in the recipient subject = to the=20 condition that the recipient shall use the real property for the=20 authorized purpose of the project as long as it is needed and = shall not=20 encumber the property without approval of the Federal awarding = agency.

(b) The recipient shall obtain written approval by the Federal = awarding=20 agency for the use of real property in other federally-sponsored = projects=20 when the recipient determines that the property is no longer = needed for=20 the purpose of the original project. Use in other projects shall = be=20 limited to those under federally-sponsored projects ( i.e. = ,=20 awards) or programs that have purposes consistent with those = authorized=20 for support by the Federal awarding agency.

(c) When the real property is no longer needed as provided in=20 paragraphs (a) and (b), the recipient shall request disposition=20 instructions from the Federal awarding agency or its successor = Federal=20 awarding agency. The Federal awarding agency shall observe one or = more of=20 the following disposition instructions.

(1) The recipient may be permitted to retain title without = further=20 obligation to the Federal Government after it compensates the = Federal=20 Government for that percentage of the current fair market value of = the=20 property attributable to the Federal participation in the = project.

(2) The recipient may be directed to sell the property under = guidelines=20 provided by the Federal awarding agency and pay the Federal = Government for=20 that percentage of the current fair market value of the property=20 attributable to the Federal participation in the project (after = deducting=20 actual and reasonable selling and fix-up expenses, if any, from = the sales=20 proceeds). When the recipient is authorized or required to sell = the=20 property, proper sales procedures shall be established that = provide for=20 competition to the extent practicable and result in the highest = possible=20 return.

(3) The recipient may be directed to transfer title to the = property to=20 the Federal Government or to an eligible third party provided = that, in=20 such cases, the recipient shall be entitled to compensation for = its=20 attributable percentage of the current fair market value of the=20 property.

=A7 3019.33   Federally-owned and exempt=20 property.
=20 top=20

(a) Federally-owned property. (1) Title to = federally-owned=20 property remains vested in the Federal Government. Recipients = shall submit=20 annually an inventory listing of federally-owned property in their = custody=20 to the Federal awarding agency. Upon completion of the award or = when the=20 property is no longer needed, the recipient shall report the = property to=20 the Federal awarding agency for further Federal agency = utilization.

(2) If the Federal awarding agency has no further need for the=20 property, it shall be declared excess and reported to the General = Services=20 Administration, unless the Federal awarding agency has statutory = authority=20 to dispose of the property by alternative methods (e.g., the = authority=20 provided by the Federal Technology Transfer Act (15 U.S.C. = 3710(I)) to=20 donate research equipment to educational and non-profit = organizations in=20 accordance with E.O. 12821, =93Improving Mathematics and Science = Education=20 in Support of the National Education Goals=94). Appropriate = instructions=20 shall be issued to the recipient by the Federal awarding = agency.

(b) Exempt property. When statutory authority exists, = the=20 Federal awarding agency has the option to vest title to property = acquired=20 with Federal funds in the recipient without further obligation to = the=20 Federal Government and under conditions the Federal awarding = agency=20 considers appropriate. Such property is =93exempt property.=94 = Should a=20 Federal awarding agency not establish conditions, title to exempt = property=20 upon acquisition shall vest in the recipient without further = obligation to=20 the Federal Government.

=A7 3019.34   Equipment.
=20 top=20

(a) Title to equipment acquired by a recipient with Federal = funds shall=20 vest in the recipient, subject to conditions of this section.

(b) The recipient shall not use equipment acquired with Federal = funds=20 to provide services to non-Federal outside organizations for a fee = that is=20 less than private companies charge for equivalent services, unless = specifically authorized by Federal statute, for as long as the = Federal=20 Government retains an interest in the equipment.

(c) The recipient shall use the equipment in the project or = program for=20 which it was acquired as long as needed, whether or not the = project or=20 program continues to be supported by Federal funds and shall not = encumber=20 the property without approval of the Federal awarding agency. When = no=20 longer needed for the original project or program, the recipient = shall use=20 the equipment in connection with its other federally-sponsored = activities,=20 in the following order of priority:

(1) Activities sponsored by the Federal awarding agency which = funded=20 the original project, then

(2) Activities sponsored by other Federal awarding = agencies.

(d) During the time that equipment is used on the project or = program=20 for which it was acquired, the recipient shall make it available = for use=20 on other projects or programs if such other use will not interfere = with=20 the work on the project or program for which the equipment was = originally=20 acquired. First preference for such other use shall be given to = other=20 projects or programs sponsored by the Federal awarding agency that = financed the equipment; second preference shall be given to = projects or=20 programs sponsored by other Federal awarding agencies. If the = equipment is=20 owned by the Federal Government, use on other activities not = sponsored by=20 the Federal Government shall be permissible if authorized by the = Federal=20 awarding agency. User charges shall be treated as program = income.

(e) When acquiring replacement equipment, the recipient may use = the=20 equipment to be replaced as trade-in or sell the equipment and use = the=20 proceeds to offset the costs of the replacement equipment subject = to the=20 approval of the Federal awarding agency.

(f) The recipient's property management standards for equipment = acquired with Federal funds and federally-owned equipment shall = include=20 all of the following.

(1) Equipment records shall be maintained accurately and shall = include=20 the following information.

(i) A description of the equipment.

(ii) Manufacturer's serial number, model number, Federal stock = number,=20 national stock number, or other identification number.

(iii) Source of the equipment, including the award number.

(iv) Whether title vests in the recipient or the Federal=20 Government.

(v) Acquisition date (or date received, if the equipment was = furnished=20 by the Federal Government) and cost.

(vi) Information from which one can calculate the percentage of = Federal=20 participation in the cost of the equipment (not applicable to = equipment=20 furnished by the Federal Government).

(vii) Location and condition of the equipment and the date the=20 information was reported.

(viii) Unit acquisition cost.

(ix) Ultimate disposition data, including date of disposal and = sales=20 price or the method used to determine current fair market value = where a=20 recipient compensates the Federal awarding agency for its = share.

(2) Equipment owned by the Federal Government shall be = identified to=20 indicate Federal ownership.

(3) A physical inventory of equipment shall be taken and the = results=20 reconciled with the equipment records at least once every two = years. Any=20 differences between quantities determined by the physical = inspection and=20 those shown in the accounting records shall be investigated to = determine=20 the causes of the difference. The recipient shall, in connection = with the=20 inventory, verify the existence, current utilization, and = continued need=20 for the equipment.

(4) A control system shall be in effect to ensure adequate = safeguards=20 to prevent loss, damage, or theft of the equipment. Any loss, = damage, or=20 theft of equipment shall be investigated and fully documented; if = the=20 equipment was owned by the Federal Government, the recipient shall = promptly notify the Federal awarding agency.

(5) Adequate maintenance procedures shall be implemented to = keep the=20 equipment in good condition.

(6) Where the recipient is authorized or required to sell the=20 equipment, proper sales procedures shall be established which = provide for=20 competition to the extent practicable and result in the highest = possible=20 return.

(g) When the recipient no longer needs the equipment, the = equipment may=20 be used for other activities in accordance with the following = standards.=20 For equipment with a current per unit fair market value of $5000 = or more,=20 the recipient may retain the equipment for other uses provided = that=20 compensation is made to the original Federal awarding agency or = its=20 successor. The amount of compensation shall be computed by = applying the=20 percentage of Federal participation in the cost of the original = project or=20 program to the current fair market value of the equipment. If the=20 recipient has no need for the equipment, the recipient shall = request=20 disposition instructions from the Federal awarding agency. The = Federal=20 awarding agency shall determine whether the equipment can be used = to meet=20 the agency's requirements. If no requirement exists within that = agency,=20 the availability of the equipment shall be reported to the General = Services Administration by the Federal awarding agency to = determine=20 whether a requirement for the equipment exists in other Federal = agencies.=20 The Federal awarding agency shall issue instructions to the = recipient no=20 later than 120 calendar days after the recipient's request and the = following procedures shall govern.

(1) If so instructed or if disposition instructions are not = issued=20 within 120 calendar days after the recipient's request, the = recipient=20 shall sell the equipment and reimburse the Federal awarding agency = an=20 amount computed by applying to the sales proceeds the percentage = of=20 Federal participation in the cost of the original project or = program.=20 However, the recipient shall be permitted to deduct and retain = from the=20 Federal share $500 or ten percent of the proceeds, whichever is = less, for=20 the recipient's selling and handling expenses.

(2) If the recipient is instructed to ship the equipment = elsewhere, the=20 recipient shall be reimbursed by the Federal Government by an = amount which=20 is computed by applying the percentage of the recipient's = participation in=20 the cost of the original project or program to the current fair = market=20 value of the equipment, plus any reasonable shipping or interim = storage=20 costs incurred.

(3) If the recipient is instructed to otherwise dispose of the=20 equipment, the recipient shall be reimbursed by the Federal = awarding=20 agency for such costs incurred in its disposition.

(4) The Federal awarding agency may reserve the right to = transfer the=20 title to the Federal Government or to a third party named by the = Federal=20 Government when such third party is otherwise eligible under = existing=20 statutes. Such transfer shall be subject to the following = standards.

(i) The equipment shall be appropriately identified in the = award or=20 otherwise made known to the recipient in writing.

(ii) The Federal awarding agency shall issue disposition = instructions=20 within 120 calendar days after receipt of a final inventory. The = final=20 inventory shall list all equipment acquired with grant funds and=20 federally-owned equipment. If the Federal awarding agency fails to = issue=20 disposition instructions within the 120 calendar day period, the = recipient=20 shall apply the standards of this section, as appropriate.

(iii) When the Federal awarding agency exercises its right to = take=20 title, the equipment shall be subject to the provisions for=20 federally-owned equipment.

=A7 3019.35   Supplies and other = expendable=20 property.
=20 top=20

(a) Title to supplies and other expendable property shall vest = in the=20 recipient upon acquisition. If there is a residual inventory of = unused=20 supplies exceeding $5000 in total aggregate value upon termination = or=20 completion of the project or program and the supplies are not = needed for=20 any other federally-sponsored project or program, the recipient = shall=20 retain the supplies for use on non-Federal sponsored activities or = sell=20 them, but shall, in either case, compensate the Federal Government = for its=20 share. The amount of compensation shall be computed in the same = manner as=20 for equipment.

(b) The recipient shall not use supplies acquired with Federal = funds to=20 provide services to non-Federal outside organizations for a fee = that is=20 less than private companies charge for equivalent services, unless = specifically authorized by Federal statute as long as the Federal=20 Government retains an interest in the supplies.

=A7 3019.36   Intangible = property.
=20 top=20

(a) The recipient may copyright any work that is subject to = copyright=20 and was developed, or for which ownership was purchased, under an = award.=20 The Federal awarding agency(ies) reserve a royalty-free, = nonexclusive and=20 irrevocable right to reproduce, publish, or otherwise use the work = for=20 Federal purposes, and to authorize others to do so.

(b) Recipients are subject to applicable regulations governing = patents=20 and inventions, including government-wide regulations issued by = the=20 Department of Commerce at 37 CFR part 401, =93Rights to Inventions = Made by=20 Nonprofit Organizations and Small Business Firms Under Government = Grants,=20 Contracts and Cooperative Agreements.=94

(c) The Federal Government has the right to:

(1) Obtain, reproduce, publish or otherwise use the data first = produced=20 under an award; and

(2) Authorize others to receive, reproduce, publish, or = otherwise use=20 such data for Federal purposes.

(d) (1) In addition, in response to a Freedom of Information = Act (FOIA)=20 request for research data relating to published research findings = produced=20 under an award that were used by the Federal Government in = developing an=20 agency action that has the force and effect of law, the Federal = awarding=20 agency shall request, and the recipient shall provide, within a = reasonable=20 time, the research data so that they can be made available to the = public=20 through the procedures established under the FOIA. If the Federal = awarding=20 agency obtains the research data solely in response to a FOIA = request, the=20 agency may charge the requester a reasonable fee equaling the full = incremental cost of obtaining the research data. This fee should = reflect=20 costs incurred by the agency, the recipient, and applicable = subrecipients.=20 This fee is in addition to any fees the agency may assess under = the FOIA=20 (5 U.S.C. 552(a)(4)(A)).

(2) The following definitions apply for purposes of this = paragraph=20 (d):

(i) Research data is defined as the recorded factual = material=20 commonly accepted in the scientific community as necessary to = validate=20 research findings, but not any of the following: preliminary = analyses,=20 drafts of scientific papers, plans for future research, peer = reviews, or=20 communications with colleagues. This =93recorded=94 material = excludes physical=20 objects (e.g., laboratory samples). Research data also do = not=20 include:

(A) Trade secrets, commercial information, materials necessary = to be=20 held confidential by a researcher until they are published, or = similar=20 information which is protected under law; and

(B) Personnel and medical information and similar information = the=20 disclosure of which would constitute a clearly unwarranted = invasion of=20 personal privacy, such as information that could be used to = identify a=20 particular person in a research study.

(ii) Published is defined as either when:

(A) Research findings are published in a peer-reviewed = scientific or=20 technical journal; or

(B) A Federal agency publicly and officially cites the research = findings in support of an agency action that has the force and = effect of=20 law.

(iii) Used by the Federal Government in developing an agency = action=20 that has the force and effect of law is defined as when an = agency=20 publicly and officially cites the research findings in support of = an=20 agency action that has the force and effect of law.

(e) Title to intangible property and debt instruments acquired = under an=20 award or subaward vests upon acquisition in the recipient. The = recipient=20 shall use that property for the originally-authorized purpose, and = the=20 recipient shall not encumber the property without approval of the = Federal=20 awarding agency. When no longer needed for the originally = authorized=20 purpose, disposition of the intangible property shall occur in = accordance=20 with the provisions of =A73019.34(g).

[60 FR 44124, Aug. 24, 1995, as amended at 65 FR 14407, 14408, = Mar. 16,=20 2000]

=A7 3019.37   Property trust=20 relationship.
=20 top=20

Real property, equipment, intangible property and debt = instruments that=20 are acquired or improved with Federal funds shall be held in trust = by the=20 recipient as trustee for the beneficiaries of the project or = program under=20 which the property was acquired or improved. Agencies may require=20 recipients to record liens or other appropriate notices of record = to=20 indicate that personal or real property has been acquired or = improved with=20 Federal funds and that use and disposition conditions apply to the = property.

Procurement Standards
=20 top=20
=A7 3019.40   Purpose of procurement=20 standards.
=20 top=20

Sections 3019.41 through 3019.48 set forth standards for use by = recipients in establishing procedures for the procurement of = supplies and=20 other expendable property, equipment, real property and other = services=20 with Federal funds. These standards are furnished to ensure that = such=20 materials and services are obtained in an effective manner and in=20 compliance with the provisions of applicable Federal statutes and=20 executive orders. No additional procurement standards or = requirements=20 shall be imposed by the Federal awarding agencies upon recipients, = unless=20 specifically required by Federal statute or executive order or = approved by=20 OMB.

=A7 3019.41   Recipient = responsibilities.
=20 top=20

The standards contained in this section do not relieve the = recipient of=20 the contractual responsibilities arising under its contract(s). = The=20 recipient is the responsible authority, without recourse to the = Federal=20 awarding agency, regarding the settlement and satisfaction of all=20 contractual and administrative issues arising out of procurements = entered=20 into in support of an award or other agreement. This includes = disputes,=20 claims, protests of award, source evaluation or other matters of a = contractual nature. Matters concerning violation of statute are to = be=20 referred to such Federal, State or local authority as may have = proper=20 jurisdiction.

=A7 3019.42   Codes of conduct.
=20 top=20

The recipient shall maintain written standards of conduct = governing the=20 performance of its employees engaged in the award and = administration of=20 contracts. No employee, officer, or agent shall participate in the = selection, award, or administration of a contract supported by = Federal=20 funds if a real or apparent conflict of interest would be = involved. Such a=20 conflict would arise when the employee, officer, or agent, any = member of=20 his or her immediate family, his or her partner, or an = organization which=20 employs or is about to employ any of the parties indicated herein, = has a=20 financial or other interest in the firm selected for an award. The = officers, employees, and agents of the recipient shall neither = solicit nor=20 accept gratuities, favors, or anything of monetary value from = contractors,=20 or parties to subagreements. However, recipients may set standards = for=20 situations in which the financial interest is not substantial or = the gift=20 is an unsolicited item of nominal value. The standards of conduct = shall=20 provide for disciplinary actions to be applied for violations of = such=20 standards by officers, employees, or agents of the = recipient.

=A7 3019.43   Competition.
=20 top=20

All procurement transactions shall be conducted in a manner to = provide,=20 to the maximum extent practical, open and free competition. The = recipient=20 shall be alert to organizational conflicts of interests as well as = noncompetitive practices among contractors that may restrict or = eliminate=20 competition or otherwise restrain trade. In order to ensure = objective=20 contractor performance and eliminate unfair competitive advantage, = contractors that develop or draft specifications, requirements, = statements=20 of work, invitations for bids and/or requests for proposals shall = be=20 excluded from competing for such procurements. Awards shall be = made to the=20 bidder or offeror whose bid or offer is responsive to the = solicitation and=20 is most advantageous to the recipient, price, quality and other = factors=20 considered. Solicitations shall clearly set forth all requirements = that=20 the bidder or offeror shall fulfill in order for the bid or offer = to be=20 evaluated by the recipient. Any and all bids or offers may be = rejected=20 when it is in the recipient's interest to do so.

=A7 3019.44   Procurement = procedures.
=20 top=20

(a) All recipients shall establish written procurement = procedures.=20 These procedures shall provide for, at a minimum, that paragraphs = (a)(1),=20 (a)(2), and (a)(3) of this section apply.

(1) Recipients avoid purchasing unnecessary items.

(2) Where appropriate, an analysis is made of lease and = purchase=20 alternatives to determine which would be the most economical and = practical=20 procurement for the Federal Government.

(3) Solicitations for goods and services provide for all of the = following:

(i) A clear and accurate description of the technical = requirements for=20 the material, product or service to be procured. In competitive=20 procurements, such a description shall not contain features which = unduly=20 restrict competition.

(ii) Requirements which the bidder/offeror must fulfill and all = other=20 factors to be used in evaluating bids or proposals.

(iii) A description, whenever practicable, of technical = requirements in=20 terms of functions to be performed or performance required, = including the=20 range of acceptable characteristics or minimum acceptable = standards.

(iv) The specific features of =93brand name or equal=94 = descriptions that=20 bidders are required to meet when such items are included in the=20 solicitation.

(v) The acceptance, to the extent practicable and economically=20 feasible, of products and services dimensioned in the metric = system of=20 measurement.

(vi) Preference, to the extent practicable and economically = feasible,=20 for products and services that conserve natural resources and = protect the=20 environment and are energy efficient.

(b) Positive efforts shall be made by recipients to utilize = small=20 businesses, minority-owned firms, and women's business = enterprises,=20 whenever possible. Recipients of Federal awards shall take all of = the=20 following steps to further this goal.

(1) Ensure that small businesses, minority-owned firms, and = women's=20 business enterprises are used to the fullest extent = practicable.

(2) Make information on forthcoming opportunities available and = arrange=20 time frames for purchases and contracts to encourage and = facilitate=20 participation by small businesses, minority-owned firms, and = women's=20 business enterprises.

(3) Consider in the contract process whether firms competing = for larger=20 contracts intend to subcontract with small businesses, = minority-owned=20 firms, and women's business enterprises.

(4) Encourage contracting with consortiums of small businesses, = minority-owned firms and women's business enterprises when a = contract is=20 too large for one of these firms to handle individually.

(5) Use the services and assistance, as appropriate, of such=20 organizations as the Small Business Administration and the = Department of=20 Commerce's Minority Business Development Agency in the = solicitation and=20 utilization of small businesses, minority-owned firms and women's = business=20 enterprises.

(c) The type of procuring instruments used (e.g., fixed price=20 contracts, cost reimbursable contracts, purchase orders, and = incentive=20 contracts) shall be determined by the recipient but shall be = appropriate=20 for the particular procurement and for promoting the best interest = of the=20 program or project involved. The = =93cost-plus-a-percentage-of-cost=94 or=20 =93percentage of construction cost=94 methods of contracting shall = not be=20 used.

(d) Contracts shall be made only with responsible contractors = who=20 possess the potential ability to perform successfully under the = term and=20 conditions of the proposed procurement. Consideration shall be = given to=20 such matters as contractor integrity, record of past performance,=20 financial and technical resources or accessibility to other = necessary=20 resources. In certain circumstances, contracts with certain = parties are=20 restricted by agencies' implementation of E.O.s 12549 and 12689,=20 =93Debarment and Suspension.=94

(e) Recipients shall, on request, make available for the = Federal=20 awarding agency, pre-award review and procurement documents, such = as=20 request for proposals or invitations for bids, independent cost = estimates,=20 etc., when any of the following conditions apply.

(1) A recipient's procurement procedures or operation fails to = comply=20 with the procurement standards in the Federal awarding agency's=20 implementation of this part.

(2) The procurement is expected to exceed the small purchase = threshold=20 fixed at 41 U.S.C. 403(11) (currently $25,000) and is to be = awarded=20 without competition or only one bid or offer is received in = response to a=20 solicitation.

(3) The procurement, which is expected to exceed the small = purchase=20 threshold, specifies a =93brand name=94 product.

(4) The proposed award over the small purchase threshold is to = be=20 awarded to other than the apparent low bidder under a sealed bid=20 procurement.

(5) A proposed contract modification changes the scope of a = contract or=20 increases the contract amount by more than the amount of the small = purchase threshold.

=A7 3019.45   Cost and price = analysis.
=20 top=20

Some form of cost or price analysis shall be made and = documented in the=20 procurement files in connection with every procurement action. = Price=20 analysis may be accomplished in various ways, including the = comparison of=20 price quotations submitted, market prices and similar indicia, = together=20 with discounts. Cost analysis is the review and evaluation of each = element=20 of cost to determine reasonableness, allocability and = allowability.

=A7 3019.46   Procurement = records.
=20 top=20

Procurement records and files for purchases in excess of the = small=20 purchase threshold shall include the following at a minimum:

(a) Basis for contractor selection,

(b) Justification for lack of competition bids or offers are = not=20 obtained, and

(c) Basis for award cost or price.

=A7 3019.47   Contract = administration.
=20 top=20

A system for contract administration shall be maintained to = ensure=20 contractor conformance with the terms, conditions and = specifications of=20 the contract and to ensure adequate and timely follow up of all = purchases.=20 Recipients shall evaluate contractor performance and document, as=20 appropriate, whether contractors have met the terms, conditions = and=20 specifications of the contract.

=A7 3019.48   Contract = provisions.
=20 top=20

The recipient shall include, in addition to provisions to = define a=20 sound and complete agreement, the following provisions in all = contracts.=20 The following provisions shall also be applied to = subcontracts.

(a) Contracts in excess of the small purchase threshold shall = contain=20 contractual provisions or conditions that allow for = administrative,=20 contractual, or legal remedies in instances in which a contractor = violates=20 or breaches the contract terms, and provide for such remedial = actions as=20 may be appropriate.

(b) All contracts in excess of the small purchase threshold = shall=20 contain suitable provisions for termination by the recipient, = including=20 the manner by which termination shall be effected and the basis = for=20 settlement. In addition, such contracts shall describe conditions = under=20 which the contract may be terminated for default as well as = conditions=20 where the contract may be terminated because of circumstances = beyond the=20 control of the contractor.

(c) Except as otherwise required by statute, an award that = requires the=20 contracting (or subcontracting) for construction or facility = improvements=20 shall provide for the recipient to follow its own requirements = relating to=20 bid guarantees, performance bonds, and payment bonds unless the=20 construction contract or subcontract exceeds $100,00. For those = contracts=20 or subcontracts exceeding $100,000, the Federal awarding agency = may accept=20 the bonding policy and requirements of the recipient, provided the = Federal=20 awarding agency has made a determination that the Federal = Government's=20 interest is adequately protected. If such a determination has not = been=20 made, the minimum requirements shall be as follows.

(1) A bid guarantee from each bidder equivalent to five percent = of the=20 bid price. The =93bid guarantee=94 shall consist of a firm = commitment such as=20 a bid bond, certified check, or other negotiable instrument = accompanying a=20 bid as assurance that the bidder shall, upon acceptance of his = bid,=20 execute such contractual documents as may be required within the = time=20 specified.

(2) A performance bond on the part of the contractor for 100 = percent of=20 the contract price. A =93performance bond=94 is one executed in = connection=20 with a contract to secure fulfillment of all the contractor's = obligations=20 under such contract.

(3) A payment bond on the part of the contractor for 100 = percent of the=20 contract price. A =93payment bond=94 is one executed in connection = with a=20 contract to assure payment as required by statute of all persons = supplying=20 labor and material in the execution of the work provided for in = the=20 contract.

(4) Where bonds are required in the situations described = herein, the=20 bonds shall be obtained from companies holding certificates of = authority=20 as acceptable sureties pursuant to 31 CFR part 223, =93Surety = Companies=20 Doing Business with the United States.=94

(d) All negotiated contracts (except those for less than the = small=20 purchase threshold) awarded by recipients shall include a = provision to the=20 effect that the recipient, the Federal awarding agency, the = Comptroller=20 General of the United States, or any of their duly authorized=20 representatives, shall have access to any books, documents, papers = and=20 records of the contractor which are directly pertinent to a = specific=20 program for the purpose of making audits, examinations, excerpts = and=20 transcriptions.

(e) All contracts, including small purchases, awarded by = recipients and=20 their contractors shall contain the procurement provisions of = Appendix A=20 to this part, as applicable.

Reports and Records
=20 top=20
=A7 3019.50   Purpose of reports and=20 records.
=20 top=20

Sections 3019.51 through 3019.53 set forth the procedures for=20 monitoring and reporting on the recipient's financial and program=20 performance and the necessary standard reporting forms. They also = set=20 forth record retention requirements.

=A7 3019.51   Monitoring and reporting = program=20 performance.
=20 top=20

(a) Recipients are responsible for managing and monitoring each = project, program, subaward, function or activity supported by the = award.=20 Recipients shall monitor subawards to ensure subrecipients have = met the=20 audit requirements as delineated in Section 3019.26.

(b) The Federal awarding agency shall prescribe the frequency = with=20 which the performance reports shall be submitted. Except as = provided in=20 paragraph (f) of this section, performance reports shall not be = required=20 more frequently than quarterly or, less frequently than annually. = Annual=20 reports shall be due 90 calendar days after the grant year; = quarterly or=20 semi-annual reports shall be due 30 days after the reporting = period. The=20 Federal awarding agency may require annual reports before the = anniversary=20 dates of multiple years awards in lieu of these requirements. The = final=20 performance reports are due 90 calendar days after the expiration = or=20 termination of the award.

(c) If inappropriate, a final technical or performance report = shall not=20 be required after completion of the project.

(d) When required, performance reports shall generally contain, = for=20 each award, brief information on each of the following.

(1) A comparison of actual accomplishments with the goals and=20 objectives established for the period, the findings of the = investigator,=20 or both. Whenever appropriate and the output of programs or = projects can=20 be readily quantified, such quantitative data should be related to = cost=20 data for computation of unit costs.

(2) Reasons why established goals were not met, if = appropriate.

(3) Other pertinent information including, when appropriate, = analysis=20 and explanation of cost overruns or high unit costs.

(e) Recipients shall not be required to submit more than the = original=20 and two copies of performance reports.

(f) Recipients shall immediately notify the Federal awarding = agency of=20 developments that have a significant impact on the award-supported = activities. Also, notification shall be given in the case of = problems,=20 delays, or adverse conditions which materially impair the ability = to meet=20 the objectives of the award. This notification shall include a = statement=20 of the action taken or contemplated, and any assistance needed to = resolve=20 the situation.

(g) Federal awarding agencies may make site visits, as = needed.

(h) Federal awarding agencies shall comply with clearance = requirements=20 of 5 CFR part 1320 when requesting performance data from = recipients.

=A7 3019.52   Financial = reporting.
=20 top=20

(a) The following forms or such other forms as may be approved = by OMB=20 are authorized for obtaining financial information from = recipients.

(1) SF=96269 or SF=96269A, Financial Status Report.

(i) Each Federal awarding agency shall require recipients to = use the=20 SF=96269 or SF=96269A to report the status of funds for all = nonconstruction=20 projects or programs. A Federal awarding agency may, however, have = the=20 option of not requiring the SF=96269 or SF=96269A when the = SF=96270, Request for=20 Advance or Reimbursement, or SF=96272, Report of Federal Cash = Transactions,=20 is determined to provided adequate information to meet its needs, = except=20 that a final SF=96269 or SF=96269A shall be required at the = completion of the=20 project when the SF=96270 is used only for advances.

(ii) The Federal awarding agency shall prescribe whether the = report=20 shall be on a cash or accrual basis. If the Federal awarding = agency=20 requires accrual information and the recipient's accounting = records are=20 not normally kept on the accrual basis, the recipient shall not be = required to convert its accounting system, but shall develop such = accrual=20 information through best estimates based on an analysis of the=20 documentation on hand.

(iii) The Federal awarding agency shall determine the frequency = of the=20 Financial Status Report for each project or program, considering = the size=20 and complexity of the particular project or program. However, the = report=20 shall not be required more frequently than quarterly or less = frequently=20 than annually. A final report shall be required at the completion = of the=20 agreement.

(iv) The Federal awarding agency shall require recipients to = submit the=20 SF=96269 or SF=96269A (an original and no more than two copies no = later than=20 30 days after the end of each specified reporting period for = quarterly and=20 semi-

annual reports, and 90 calendar days for annual and final = reports.=20 Extensions of reporting due dates may be approved by the Federal = awarding=20 agency upon request of the recipient.

(2) SF=96272, Report of Federal Cash Transactions.

(i) When funds are advanced to recipients the Federal awarding = agency=20 shall require each recipient to submit the SF=96272 and, when = necessary, its=20 continuation sheet, SF=96272a. The Federal awarding agency shall = use this=20 report to monitor cash advanced to recipients and to obtain = disbursement=20 information for each agreement with the recipients.

(ii) Federal awarding agencies may require forecasts of Federal = cash=20 requirements in the =93Remarks=94 section of the report.

(iii) When practical and deemed necessary, Federal awarding = agencies=20 may require recipients to report in the =93Remarks=94 section the = amount of=20 cash advances received in excess of three days. Recipients shall = provide=20 short narrative explanations of actions taken to reduce the excess = balances.

(iv) Recipients shall be required to submit not more than the = original=20 and two copies of the SF=96272 15 calendar days following the end = of each=20 quarter. The Federal awarding agencies may require a monthly = report from=20 those recipients receiving advances totaling $1 million or more = per=20 year.

(v) Federal awarding agencies may waive the requirement for = submission=20 of the SF=96272 for any one of the following reasons:

(A) When monthly advances do not exceed $25,000 per recipient, = provided=20 that such advances are monitored through other forms contained in = this=20 section;

(B) If, in the Federal awarding agency's opinion, the = recipient's=20 accounting controls are adequate to minimize excessive Federal = advances;=20 or

(C) When the electronic payment mechanisms provide adequate = data.

(b) When the Federal awarding agency needs additional = information or=20 more frequent reports, the following shall be observed.

(1) When additional information is needed to comply with = legislative=20 requirements, Federal awarding agencies shall issue instructions = to=20 require recipients to submit such information under the = =93Remarks=94 section=20 of the reports.

(2) When a Federal awarding agency determines that a = recipient's=20 accounting system does not meet the standards in =A73019.21, = additional=20 pertinent information to further monitor awards may be obtained = upon=20 written notice to the recipient until such time as the system is = brought=20 up to standard. The Federal awarding agency, in obtaining this=20 information, shall comply with report clearance requirements of 5 = CFR part=20 1320.

(3) Federal awarding agencies are encouraged to shade out any = line item=20 on any report if not necessary.

(4) Federal awarding agencies may accept the identical = information from=20 the recipients in machine readable format or computer printouts or = electronic outputs in lieu of prescribed formats.

(5) Federal awarding agencies may provide computer or = electronic=20 outputs to recipients when such expedites or contributes to the = accuracy=20 of reporting.

=A7 3019.53   Retention and access = requirements for=20 records.
=20 top=20

(a) This section sets forth requirements for record retention = and=20 access to records for awards to recipients. Federal awarding = agencies=20 shall not impose any other record retention or access requirements = upon=20 recipients.

(b) Financial records, supporting documents, statistical = records, and=20 all other records pertinent to an award shall be retained for a = period of=20 three years from the date of submission of the final expenditure = report=20 or, for awards that are renewed quarterly or annually, from the = date of=20 the submission of the quarterly or annual financial report, as = authorized=20 by the Federal awarding agency. The only exceptions are the = following.

(1) If any litigation, claim, or audit is started before the = expiration=20 of the 3-year period, the records shall be retained until all = litigation,=20 claims or audit findings involving the records have been resolved = and=20 final action taken.

(2) Records for real property and equipment acquired with = Federal funds=20 shall be retained for 3 years after final disposition.

(3) When records are transferred to or maintained by the = Federal=20 awarding agency, the 3-year retention requirement is not = applicable to the=20 recipient.

(4) Indirect cost rate proposals, cost allocations plans, etc. = as=20 specified in paragraph (g) of this section.

(c) Copies of original records may be substituted for the = original=20 records if authorized by the Federal awarding agency.

(d) The Federal awarding agency shall request transfer of = certain=20 records to its custody from recipients when it determines that the = records=20 possess long term retention value. However, in order to avoid = duplicate=20 recordkeeping, a Federal awarding agency may make arrangements for = recipients to retain any records that are continuously needed for = joint=20 use.

(e) The Federal awarding agency, the Inspector General, = Comptroller=20 General of the United States, or any of their duly authorized=20 representatives, have the right of timely and unrestricted access = to any=20 books, documents, papers, or other records of recipients that are=20 pertinent to the awards, in order to make audits, examinations, = excerpts,=20 transcripts and copies of such documents. This right also includes = timely=20 and reasonable access to a recipient's personnel for the purpose = of=20 interview and discussion related to such documents. The rights of = access=20 in this paragraph are not limited to the required retention = period, but=20 shall last as long as records are retained.

(f) Unless required by statute, no Federal awarding agency = shall place=20 restrictions on receipts that limit public access to the records = of=20 recipients that are pertinent to an award, except when the Federal = awarding agency can demonstrate that such records shall be kept=20 confidential and would have been exempted from disclosure pursuant = to the=20 Freedom of Information Act (5 U.S.C. 552) if the records had = belonged to=20 the Federal awarding agency.

(g) Indirect cost rate proposals, cost allocations plans, etc.=20 Paragraphs (g)(1) and (g)(2) of this section apply to the = following types=20 of documents, and their supporting records: indirect cost rate=20 computations or proposals, cost allocation plans, and any similar=20 accounting computations of the rate at which a particular group of = costs=20 is chargeable (such as computer usage chargeback rates or = composite fringe=20 benefit rates).

(1) If submitted for negotiation. If the recipient submits to = the=20 Federal awarding agency or the subrecipient submits to the = recipient the=20 proposal, plan, or other computation to form the basis for = negotiation of=20 the rate, then the 3-year retention period for its supporting = records=20 starts on the date of such submission.

(2) If not submitted for negotiation. If the recipient is not = required=20 to submit to the Federal awarding agency or the subrecipient is = not=20 required to submit to the recipient the proposal, plan, or other=20 computation for negotiation purposes, then the 3-year retention = period for=20 the proposal, plan, or other computation and its supporting = records starts=20 at the end of the fiscal year (or other accounting period) covered = by the=20 proposal, plan, or other computation.

Termination and Enforcement
=20 top=20
=A7 3019.60   Purpose of termination and=20 enforcement.
=20 top=20

Sections 3019.61 and 3019.62 set forth uniform suspension, = termination=20 and enforcement procedures.

=A7 3019.61   Termination.
=20 top=20

(a) Awards may be terminated in whole or in part only if = paragraphs=20 (a)(1), (a)(2) or (a)(3) of this section apply.

(1) By the Federal awarding agency, if a recipient materially = fails to=20 comply with the terms and conditions of an award.

(2) By the Federal awarding agency with the consent of the = recipient,=20 in which case the two parties shall agree upon the termination = conditions,=20 including the effective date and, in the case of partial = termination, the=20 portion to be terminated.

(3) By the recipient upon sending to the Federal awarding = agency=20 written notification setting forth the reasons for such = termination, the=20 effective date, and, in the case of partial termination, the = portion to be=20 terminated. However, if the Federal awarding agency determines in = the case=20 of partial termination that the reduced or modified portion of the = grant=20 will not accomplish the purposes for which the grant was made, it = may=20 terminate the grant in its entirety under either paragraphs (a)(1) = or (2)=20 of this section.

(b) If costs are allowed under an award, the responsibilities = of the=20 recipient referred to in =A73019.71(a), including those for = property=20 management as applicable, shall be considered in the termination = of the=20 award, and provision shall be made for continuing responsibilities = of the=20 recipient after termination, as appropriate.

=A7 3019.62   Enforcement.
=20 top=20

(a) Remedies for noncompliance. If a recipient = materially fails=20 to comply with the terms and conditions of an award, whether = stated in a=20 Federal statute, regulation, assurance, application, or notice of = award,=20 the Federal awarding agency may, in addition to imposing any of = the=20 special conditions outlined in =A73019.14, take one or more of the = following=20 actions, as appropriate in the circumstances.

(1) Temporarily withhold cash payments pending correction of = the=20 deficiency by the recipient or more severe enforcement action by = the=20 Federal awarding agency.

(2) Disallow (that is, deny both use of funds and any = applicable=20 matching credit for) all or part of the cost of the activity or = action not=20 in compliance.

(3) Wholly or partly suspend or terminate the current = award.

(4) Withhold further awards for the project or program.

(5) Take other remedies that may be legally available.

(b) Hearings and appeals. In taking an enforcement = action, the=20 awarding agency shall provide the recipient an opportunity for = hearing,=20 appeal, or other administrative proceeding to which the recipient = is=20 entitled under any statute or regulation applicable to the action=20 involved.

(c) Effects of suspension and termination. Costs of a = recipient=20 resulting from obligations incurred by the recipient during a = suspension=20 or after termination of an award are not allowable unless the = awarding=20 agency expressly authorizes them in the notice of suspension of=20 termination or subsequently. Other recipient costs during = suspension or=20 after termination which are necessary and not reasonably avoidable = are=20 allowable if paragraphs (c)(1) and (c)(2) of this section = apply.

(1) The costs result from obligations which were properly = incurred by=20 the recipient before the effective date of suspension or = termination, are=20 not in anticipation of it, and in the case of a termination, are=20 noncancellable.

(2) The costs would be allowable if the award were not = suspended or=20 expired normally at the end of the funding period in which the = termination=20 takes effect.

(d) Relationship to debarment and suspension. The = enforcement=20 remedies identified in this section, including suspension and = termination,=20 do not preclude a recipient from being subject to debarment and = suspension=20 under E.O.s 12549 and 12689 and the Federal awarding agency = implementing=20 regulations (see =A73019.13).

Subpart D=97After-the-Award Requirements
=20 top=20
=A7 3019.70   Purpose.
=20 top=20

Sections 3019.71 through 3019.73 contain closeout procedures = and other=20 procedures for subsequent disallowances and adjustments.

=A7 3019.71   Closeout = procedures.
=20 top=20

(a) Recipients shall submit, within 90 calendar days after the = date of=20 completion of the award, all financial, performance, and other = reports as=20 required by the terms and conditions of the award. The Federal = awarding=20 agency may approve extensions when requested by the recipient.

(b) Unless the Federal awarding agency authorizes an extension, = a=20 recipient shall liquidate all obligations incurred under the award = not=20 later than 90 calendar days after the funding period or the date = of=20 completion as specified in the terms and conditions of the award = or in=20 agency implementing instructions.

(c) The Federal awarding agency shall make prompt payments to a = recipient for allowable reimbursable costs under the award being = closed=20 out.

(d) The recipient shall promptly refund any balances of = unobligated=20 cash that the Federal awarding agency has advanced or paid and = that is not=20 authorized to be retained by the recipient for use in other = projects. OMB=20 Circular A=96129 governs unreturned amounts that become delinquent = debts.

(e) When authorized by the terms and conditions of the award, = the=20 Federal awarding agency shall make a settlement for any upward or = downward=20 adjustments to the Federal share of costs after closeout reports = are=20 received.

(f) The recipient shall account for any real and personal = property=20 acquired with Federal funds or received from the Federal = Government in=20 accordance with =A7=A73019.31 through 3019.37.

(g) In the event a final audit has not been performed prior to = the=20 closeout of an award, the Federal awarding agency shall retain the = right=20 to recover an appropriate amount after fully considering the=20 recommendations on disallowed costs resulting from the final = audit.

=A7 3019.72   Subsequent adjustments and = continuing=20 responsibilities.
=20 top=20

(a) The closeout of an award does not affect any of the = following.

(1) The right of the Federal awarding agency to disallow costs = and=20 recover funds on the basis of a later audit or other review.

(2) The obligation of the recipient to return any funds due as = a result=20 of later refunds, corrections, or other transactions.

(3) Audit requirements in =A73019.26.

(4) Property management requirements in =A7=A73019.31 through = 3019.37.

(5) Records retention as required in =A73019.53.

(b) After closeout of an award, a relationship created under an = award=20 may be modified or ended in whole or in part with the consent of = the=20 Federal awarding agency and the recipient, provided the = responsibilities=20 of the recipient referred to in =A73019.73(a), including those for = property=20 management as applicable, are considered and provisions made for=20 continuing responsibilities of the recipient, as = appropriate.

=A7 3019.73   Collection of amounts = due.
=20 top=20

(a) Any funds paid to a recipient in excess of the amount to = which the=20 recipient is finally determined to be entitled under the terms and = conditions of the award constitute a debt to the Federal = Government. If=20 not paid within a reasonable period after the demand for payment, = the=20 Federal awarding agency may reduce the debt by:

(1) Making an administrative offset against other requests for=20 reimbursements.

(2) Withholding advance payments otherwise due to the = recipient.

(3) Taking other action permitted by statute.

(b) Except as otherwise provided by law, the Federal awarding = agency=20 shall charge interest on an overdue debt in accordance with 4 CFR = Chapter=20 II, =93Federal Claims Collection Standards.=94

Appendix A to Part 3019=97Contract Provisions
=20 top=20

All contracts, awarded by a recipient including small = purchases, shall=20 contain the following provisions as applicable:

1. Equal Employment Opportunity =97All contracts shall = contain a=20 provision requiring compliance with E.O. 11246, =93Equal = Employment=20 Opportunity,=94 as amended by E.O. 11375, =93Amending Executive = Order 11246=20 Relating to Equal Employment Opportunity,=94 and as supplemented = by=20 regulations at 41 CFR part 60, =93Office of Federal Contract = Compliance=20 Programs, Equal Employment Opportunity, Department of = Labor.=94

2. Copeland =93Anti-Kickback=94 Act (18 U.S.C. 874 and 40 = U.S.C. 276c)=20 =97All contracts and subgrants in excess of $2000 for = construction or=20 repair awarded by recipients and subrecipients shall include a = provision=20 for compliance with the Copeland =93Anti-Kickback=94 Act (18 = U.S.C. 874), as=20 supplemented by Department of Labor regulations (29 CFR part 3,=20 =93Contractors and Subcontractors on Public Building or Public = Work Financed=20 in Whole or in Part by Loans or Grants from the United States=94). = The Act=20 provides that each contractor or subrecipient shall be prohibited = from=20 inducing, by any means, any person employed in the construction,=20 completion, or repair of public work, to give up any part of the=20 compensation to which he is otherwise entitled. The recipient = shall report=20 all suspected or reported violations to the Federal awarding = agency.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a=967) = =97When=20 required by Federal program legislation, all construction = contracts=20 awarded by the recipients and subrecipients of more than $2000 = shall=20 include a provision for compliance with the Davis-Bacon Act (40 = U.S.C.=20 276a to a=967) and as supplemented by Department of Labor = regulations (29=20 CFR part 5, =93Labor Standards Provisions Applicable to Contracts = Governing=20 Federally Financed and Assisted Construction=94). Under this Act,=20 contractors shall be required to pay wages to laborers and = mechanics at a=20 rate not less than the minimum wages specified in a wage = determination=20 made by the Secretary of Labor. In addition, contractors shall be = required=20 to pay wages not less than once a week. The recipient shall place = a copy=20 of the current prevailing wage determination issued by the = Department of=20 Labor in each solicitation and the award of a contract shall be=20 conditioned upon the acceptance of the wage determination. The = recipient=20 shall report all suspected or reported violations to the Federal = awarding=20 agency.

4. Contract Work Hours and Safety Standards Act (40 U.S.C. = 327=96333)=20 =97Where applicable, all contracts awarded by recipients in = excess of=20 $2000 for construction contracts and in excess of $2500 for other=20 contracts that involve the employment of mechanics or laborers = shall=20 include a provision for compliance with Sections 102 and 107 of = the=20 Contract Work Hours and Safety Standards Act (40 U.S.C. = 327=96333), as=20 supplemented by Department of Labor regulations (29 CFR part 5). = Under=20 Section 102 of the Act, each contractor shall be required to = compute the=20 wages of every mechanic and laborer on the basis of a standard = work week=20 of 40 hours. Work in excess of the standard work week is = permissible=20 provided that the worker is compensated at a rate of not less than = 11/2times the basic rate of pay for all hours worked in = excess of=20 40 hours in the work week. Section 107 of the Act is applicable to = construction work and provides that no laborer or mechanic shall = be=20 required to work in surroundings or under working conditions which = are=20 unsanitary, hazardous or dangerous. These requirements do not = apply to the=20 purchases of supplies or materials or articles ordinarily = available on the=20 open market, or contracts for transportation or transmission of=20 intelligence.

5. Rights to Inventions Made Under a Contract or Agreement=20 =97Contracts or agreements for the performance of = experimental,=20 developmental, or research work shall provide for the rights of = the=20 Federal Government and the recipient in any resulting invention in = accordance with 37 CFR part 401, =93Rights to Inventions Made by = Nonprofit=20 Organizations and Small Business Firms Under Government Grants, = Contracts=20 and Cooperative Agreements,=94 and any implementing regulations = issued by=20 the awarding agency.

6. Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal = Water=20 Pollution Control Act (33 U.S.C. 1251 et seq.), as amended = =97Contracts=20 and subgrants of amounts in excess of $100,000 shall contain a = provision=20 that requires the recipient to agree to comply with all applicable = standards, orders or regulations issued pursuant to the Clean Air = Act (42=20 U.S.C. 7401 et seq. ) and the Federal Water Pollution = Control Act=20 as amended (33 U.S.C. 1251 et seq. ). Violations shall be = reported=20 to the Federal awarding agency and the Regional Office of the=20 Environmental Protection Agency (EPA).

7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) = =97Contractors=20 who apply or bid for an award of $100,000 or more shall file the = required=20 certification. Each tier certifies to the tier above that it will = not and=20 has not used Federal appropriated funds to pay any person or = organization=20 for influencing or attempting to influence an officer or employee = of any=20 agency, a member of Congress, officer or employee of Congress, or = an=20 employee of a member of Congress in connection with obtaining any = Federal=20 contract, grant or any other award covered by 31 U.S.C. 1352. Each = tier=20 shall also disclose any lobbying with non-Federal funds that takes = place=20 in connection with obtaining any Federal award. Such disclosures = are=20 forwarded from tier to tier up to the recipient.

8. Debarment and Suspension (E.O.s 12549 and 12689) = =97All parties=20 doing business with the Department of Agriculture should consult = the=20 Department's regulations for debarment and suspension found at 7 = CFR 3017.=20 No contract shall be made to parties listed on the General = Services=20 Administration's List of Parties Excluded from Federal Procurement = or=20 Nonprocurement Programs in accordance with E.O.s 12549 and 12689,=20 =93Debarment and Suspension.=94 This list contains the names of = parties=20 debarred, suspended, or otherwise excluded by agencies, and = contractors=20 declared ineligible under statutory or regulatory authority other = than=20 E.O. 12549. Contractors with awards that exceed the small purchase = threshold shall provide the required certification regarding its = exclusion=20 status and that of its principal employees.

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For questions or comments = regarding e-CFR=20 editorial content, features, or design, email ecfr@nara.gov.

For = questions=20 concerning e-CFR programming and delivery issues, email webteam@gpo.gov.

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