Grants and Cooperative Agreements - Administrative General Terms and Conditions
- Applicability of 2 CFR 200 as adopted by USDA through 2 CFR part 400
- Order of Precedence
- Non-Federal entity (NFE)
- Acknowledgment of Federal Funding from USDA
- Activities Conducted Abroad
- Assurances
- Accounting System Requirements
- Accounting, Audit, and Records
- Allowable Costs
- Applicability of Federal Financial Assistance Requirements
- Disputes
- Duplication of Benefits
- Endorsement
- Federal Debt Status
- Modifications
- Non-Liability
- Non-supplanting Requirement
- Notice of Funding Opportunity Requirements
- Notices
- Overpayment
- Participation in Similar Activities
- Press Releases
- Revision of Budget
- Rules of the Workplace
- Subrecipient Notification
- Tangible Personal Property
- Termination
- Program Income
- Publications, Audiovisuals and Acknowledgment of Support
- Davis-Bacon and Service Contract Act
- Funding Equipment and Supplies
- Copyrighting
- Patent Rights
- Reporting of Matters Related to Recipient Integrity and Performance
- Research Misconduct
- USDA Guidelines for Quality of Information
- Security Issues
The provisions of 2 CFR 200 as adopted by USDA through 2 CFR part 400 will apply to all Federal awards made after December 26, 2014. The General Terms and Conditions below will apply for all grants and cooperative agreements made after December 26, 2014. The provisions of 2 CFR 200 as adopted by USDA through 2 CFR part 400 and the General Terms and Conditions below will not retroactively change the terms and conditions for funds a non-Federal entity has already received (i.e. grants and cooperative agreements made prior to December 26, 2014). However, if a grant or cooperative agreement made previous to December 26, 2014 has post-December 26, 2014 funds added to it (i.e. via amendment), the provisions of 2 CFR 200 as adopted by USDA through 2 CFR part 400 and the General Terms and Conditions below will now apply to the Federal award, and not the pre-December 26, 2014 General Terms and Conditions. Practically speaking, the provisions in 2 CFR 200 as adopted by USDA through 2 CFR part 400 will result in FAS changing its entity-wide policies (for example to payroll or procurement systems). These changes would therefore impact not only Federal awards made after December 26, 2014, but also existing and older Federal awards. For Federal awards made prior to December 26, 2014 and that have not had post-December 26, 2014 funds added to the Federal award, the older FAS General Terms and Conditions can be found here. | Applies to all CAs and DGs. | ||
In the event of any inconsistency between provisions of the award, the inconsistency will be resolved by giving precedence in the following order:
| Applies to all CAs and DGs. | ||
As defined in 2 CFR 200.69, a non-Federal entity (NFE) means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out the Federal award as a recipient or subrecipient. | Applies to all CAs and DGs. | ||
All NFEs must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. | |||
All NFEs must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. | |||
NFEs must have completed either the OMB Standard Form 424B Assurances-Non-Construction Programs, or the OMB Standard Form 424D Assurances-Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the FAS financial assistance office may require applicants to certify additional assurances, or the assurances will be incorporated into the terms and conditions of your award. | Applies to all CAs and DGs. | ||
Prior to FAS’ initial payment to the NFE, the NFE shall provide sufficient evidence to the FAS Grants Management Officer that its accounting system is in accord with the Generally Accepted Accounting Principles. | Applies to all CAs and DGs. | ||
(a) NFEs are responsible for obtaining audits in accordance with the audit requirements of 2 CFR 200.500 through 200.521. In addition, NFEs are subject to the audit requirements found in the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). | Applies to all CAs and DGs. | ||
(a) Allowable costs shall be determined in accordance with the cost-principles as outlined in 2 CFR Part 200/400 through 200.475 applicable to the NFE incurring the costs. | Applies to all CAs and DGs. | ||
10. Applicability of Federal Financial Assistance Requirements | The NFE of the Federal award agrees to comply with the following regulations, as applicable. The full text of Code of Federal Regulations (CFR) references may be found at: eCFR — Code of Federal Regulations.
| Applies to all CAs and DGs. | |
11. Disputes | Whenever disputes, disagreements or misunderstanding arise regarding issues under this Federal award, the NFE and FAS shall attempt to resolve the issues by discussion and mutual agreement as soon as practicable. If the parties are unable to mutually resolve the dispute, the NFE may submit, in writing, a disputed claim or issue to the FAS Deputy Administrator for the Division administering the Federal award, or their designee, for a decision. No hearing will be provided, unless another hearing, appeal, or other administrative proceeding is available to the NFE under any statute or regulations applicable to the action involved. The NFE’s submission must specify the nature and basis of the claim and the relief requested and include all data to support such claim. A copy of the submission shall be concurrently furnished to the Grants Management Officer. The Grants Management Officer shall furnish the NFE a written copy of the Deputy Administrator’s decision. Decisions of the Deputy Administrator shall be final unless, within 30 days of receipt of the decision, the NFE appeals the decision to the FAS Administrator. Any appeal made shall be in writing and addressed to the FAS Administrator. No hearing will be provided. | Applies to all CAs and DGs. | |
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statues, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a NFE from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statues, regulation or the terms and conditions of the Federal award. | Applies to all CAs and DGs. | ||
Any of the NFE’s contributions made under this Federal awards do not by direct reference or implication convey FAS endorsement of the NFE's products or activities. | Applies to all CAs and DGs. | ||
All NFEs are required to non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129) | Applies to all CAs and DGs. | ||
15. Modifications | Modifications to this Federal award shall be made by mutual consent of the parties, by the issuance of a written modification signed and dated by properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made at least 30 days prior to desired implementation date for the requested change. FAS is not obligated to fund any changes not properly approved in advance. | Applies to all CAs and DGs. | |
FAS does not assume liability for any third-party claims for damages arising out of this Federal award. Subrecipients, subawardees, and contractors have no privity of contract with FAS under the terms of this Federal award. | Applies to all CAs and DGs. | ||
All NFEs who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have budgeted for the same purpose through non-Federal sources. | Applies to all CAs and DGs. | ||
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and condition of your award. All NFEs must comply with any requirements set forth in the program NOFO. | Applies to all CAs and DGs. | ||
Any notice given by FAS or the NFE will be sufficient only if in writing and delivered in person, or transmitted electronically by e-mail or fax (not by postal mail), as follows: | Applies to all CAs & DGs. | ||
20. Overpayment | (a) Any funds paid in the aggregate to the NFE in excess of the amount to which the NFE is finally determined to be entitled under the terms and conditions of the Federal award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, FAS may in accordance with 7 CFR part 3, reduce the debt by— | Applies to all CAs and DGs. | |
This Federal award in no way restricts FAS or the NFE from participating in similar activities with other public or private agencies, organizations, and individuals. | Applies to all CAs and DGs. | ||
22. Press Releases | Press releases or other forms of public notification will be submitted to FAS for review prior to release to the public. FAS will be given the opportunity to review, in advance, all written press releases and any other written information to be released to the public by the NFE, and require changes as deemed necessary, if the material mentions by name FAS or the USDA, or any USDA employee or research unit or location. | Applies to all CAs and DGs. | |
23. Revision of Budget and/or Program | (a) The approved Federal award budget in Attachment C is the financial expression of the NFE's program as approved by FAS, pending approval of any subsequent budget. | Applies to all CAs and DGs. | |
NFE employees, while engaged in work at FAS’ facilities, will abide by FAS’ standard operating procedures regarding the maintenance of laboratory notebooks, dissemination of information, equipment operation standards, hours of work, conduct, HSPD-12 requirements (access to buildings and computer systems), and other incidental matters stated in the rules and regulations of FAS. | Applies to all CAs and DGs when the NFE works at FAS’ (or USDA) facilities. | ||
The Recipient shall require subrecipients under this Federal award to comply with the terms and conditions and the cost principle and audit requirements of 2 CFR Part 200 Subpart E—Cost Principles, as applicable. | Applies to all CAs and DGs. | ||
The NFE is required to provide annual, award closeout, and disposition request reports related to their inventories of FAS furnished tangible personal property or those tangible personal property items acquired with funds under this Federal award using the SF-428 cover sheet and either: Annual Report, SF428-A; Final (Award Closeout) Report, SF-428-B; and a Disposition Request/Report, SF-428-C. A Supplemental Sheet, SF-428S, may be used to provide detailed individual item information. | Applies to all CAs and DGs. | ||
27. Termination | The Federal award may be terminated, in whole or part, as outlined in 2 CFR 200.339. | Applies to all CAs and DGs. | |
28. Program Income |
| Applies to all CAs and DGs when program income is anticipated. | |
29. Publications, Audiovisuals and Acknowledgment of Support | (a) Publications. FAS and the Federal Government shall enjoy a royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any materials developed in conjunction with a Federal financial assistance activity or contract under such an agreement. | Applies to all CAs and DGs when publication of any printed, audiovisual, or electronic material is contemplated. | |
Additionally, federal wage provisions (Davis-Bacon or Service Contract Act) are applicable to any contract developed and awarded under this Federal award where all or part of the funding is provided with FAS funds. Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500. | Applies to all CAs and DGs when procurement of goods and/or services are anticipated. | ||
Federal funding under this Federal award is available for reimbursement of the NFE’s purchase of equipment and supplies. Equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the NFE for financial statement purposes, or $5,000. Supplies are all tangible personal property that is not equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the NFE for financial statement purposes or $5,000, regardless of the length of its useful life. | Applies to all CAs & DGs when FAS is funding supplies. | ||
32. Copyrighting | (a) Allocation of rights of copyrights must be in accordance with 2 CFR 200.315 and 2 CFR 200.448. | Applies to all CAs and DGs when development or publication of any printed, audiovisual, or electronic material is contemplated. | |
(a) Allocation of rights of patents must be in accordance with 2 CFR 200.315 and 2 CFR 200.448. Unless otherwise provided by law, NFEs are also subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All NFEs are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. | Applies to all CAs and DGs when patents are anticipated. | ||
34. Reporting of Matters Related to Recipient Integrity and Performance | If the total value of your currently active grants, cooperative agreement and procurement contracts from all Federal Assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition of Recipient Integrity and Performance matters located at 2 C.F.R. part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. | Applies to all CAs and DGs. | |
(a) The NFE bears the primary responsibility for prevention and detection of research misconduct and for the inquiry, investigation and adjudication of research misconduct alleged to have occurred in association with their own institution. (c) The NFE shall: (2) The USDA OIG Hotline can be reached on: 1–800–424–9121. | Applies to all CAs and DGs when research activities are anticipated. | ||
This Federal Award is subject to the “Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies; Republication” and the “USDA Guidelines for Quality of Information” which are found at http://www.fs.fed.us/qoi/. | Applies to all CAs and DGs. | ||
37. Security Issues | (a) The NFE is encouraged to obtain the latest Department of State Travel Advisory Notices before traveling. These Notices are available to the general public and may be obtained directly from the State Department, or via Internet. Where security is a concern in a specific region, NFEs may choose to notify the US Embassy of their presence when they have entered the country. This may be especially important for long-term posting. | Applies to all CAs and DGs. |