Grants and Cooperative Agreements - Administrative General Terms and Conditions

  1. Applicability of 2 CFR 200 as adopted by USDA through 2 CFR part 400
  2. Order of Precedence
  3. Non-Federal entity (NFE)
  4. Acknowledgment of Federal Funding from USDA
  5. Activities Conducted Abroad
  6. Assurances
  7. Accounting System Requirements
  8. Accounting, Audit, and Records
  9. Allowable Costs
  10. Applicability of Federal Financial Assistance Requirements
  11. Disputes
  12. Duplication of Benefits
  13. Endorsement
  14. Federal Debt Status
  15. Modifications
  16. Non-Liability
  17. Non-supplanting Requirement
  18. Notice of Funding Opportunity Requirements
  19. Notices
  20. Overpayment
  21. Participation in Similar Activities
  22. Press Releases
  23. Revision of Budget
  24. Rules of the Workplace
  25. Subrecipient Notification
  26. Tangible Personal Property
  27. Termination
  28. Program Income
  29. Publications, Audiovisuals and Acknowledgment of Support
  30. Davis-Bacon and Service Contract Act
  31. Funding Equipment and Supplies
  32. Copyrighting
  33. Patent Rights
  34. Reporting of Matters Related to Recipient Integrity and Performance
  35. Research Misconduct
  36. USDA Guidelines for Quality of Information
  37. 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:

  • Applicable laws and statutes of the United States, including any specific legislative provisions mandated in the statutory authority for the award.
  • Code of Federal Regulations (CFR)
  • Standard terms and conditions of the award document
  • Application documents

Applies to all CAs and DGs.

  • Non-Federal entity (NFE)

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.
The NFE must in addition to the assurances and certifications made as a part of the Federal award, comply with all applicable terms and conditions during the project period. Failure to comply may result in actions as outlined in 2 CFR 200, Remedies for Noncompliance – 200.338 through 200.342.

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.

7. Accounting System Requirements

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.

8. Accounting, Audit, and Records

(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).
(b) The NFE shall maintain financial records, supporting documents, statistical records and all other records pertinent to the Federal award in accordance with Generally Accepted Accounting Principles formally prescribed by the United States to sufficiently substantiate charges to this Federal award. Accounting records that are supported by documentation shall at a minimum be adequate to show all costs incurred under the Federal award, receipt, and use of goods and services acquired under the Federal award, the costs of the program supplied from other sources, and the overall progress of the program. Unless otherwise notified, the recipient’s records and subrecipient’s records which pertain to this Federal award shall be retained for a period of three years from the date of submission of the final expenditure report, except when a longer retention period is required by law and may be audited by FAS and/or its representatives.

(c) FAS shall retain the right to conduct a financial review, require an audit, or otherwise ensure adequate accountability of organizations expending FAS funds regardless of the audit requirement.

(d) Organizations that provide FAS resources to other organizations to carry out FAS program and activities shall be responsible for monitoring their subcontractors or subrecipients. The cost of agreed-upon procedures to monitor subrecipients who are exempted from the requirements of the Single Audit Act and 2 CFR 200, Subpart F – Audit Requirements are allowable, subject to the conditions listed in 2 CFR 200.422 (c) (1)-(3).

(e) In cases of continued inability or unwillingness to have an audit performed in accordance with this part, FAS shall consider appropriate sanctions which may include, inter alia, suspension of all or a percentage of disbursements until the audit is satisfactorily completed.

Applies to all CAs and DGs.

9. Allowable Costs

(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.
(b) The NFE shall be reimbursed for costs incurred in carrying out the purposes of this Federal award which are determined by the Grants Management Officer to be reasonable, allocable, and allowable in accordance with the terms of this Federal award and the applicable cost principles in effect on the date of this Federal award. The NFE may obtain a copy of the applicable cost principles from the Grants Management Officer. Brief definitions of what may be considered as reasonable, allocable, and allowable costs are provided below; however, it is the NFE's responsibility to ensure that costs incurred are in accordance to the relevant federal Cost Principles.
(c) Prior to incurring a questionable or unique cost, the NFE shall obtain the Grants Management Officer's written determination on whether the cost will be allowable.
(d) No funds provided under this Federal award shall be earned or kept as profit or fee by the Recipient or any subrecipient under this Federal award. However, funds may be used to pay subcontractors profit or fees under this Federal award.
(e) Failure to comply with indirect cost rate requirements may lead to substantial overpayments or underpayments.
(f) The NFE must inform FAS, through the Grants Management Officer, of all applicable indirect cost rate adjustments.

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.

  • 2 CFR Part 25, “Universal Identifier and Central Contractor Registration”;
  • 2 CFR Part 170, “Reporting Subaward and Executive Compensation Information”;
  • 2 CFR Part 175, “Award Term for Trafficking in Persons”;
  • 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)”;
  • 2 CFR Part 182, “Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)”;
  • 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”;
  • 2 CFR Part 400, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”;
  • 2 CFR Part 415, “General Program Administrative Regulations”;
  • 2 CFR Part 416, “General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments”;
  • 2 CFR Part 417, “Nonprocurement Debarment and Suspension”;
  • 2 CFR Part 418, “New Restrictions on Lobbying”;
  • 2 CFR Part 421, “Requirements for Drug-Free Workplace (Financial Assistance)”;
  • 37 CFR part 401.14, ‘‘Standard Patent Rights Clause’’;
  • Executive Order 13224, as amended, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”;
  • Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”;
  • 41 U.S.C. §§ 351 – 358, “the McNamara-O'Hara Service Contract Act of 1965”
  • 15 U.S.C. 205a et seq., ‘‘The Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act’’;
  • 42 U.S.C. 6962, ‘‘Resource Conservation and Recovery Act (RCRA)’’;
  • 49 U.S.C. 40118 et seq., “Fly America Act”;
  • 8 USC 1324a, “Immigration and Nationality Act”;
  • 5 U.S.C. 552, “Freedom of Information Act”;
  • 41 U.S.C. 22, “Interest of Members of Congress”;
  • 40 U.S.C. 3141-3148, “the Davis–Bacon Act”; and,
  • P.L. 109-282, “Federal Financial Accountability and Transparency Act of 2006” and P.L. 113-101, “Digital Accountability and Transparency Act of 2014”;
  • Other laws, regulations, Executive Orders, and other applicable requirements, which are hereby incorporated into this Federal award.

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.

12. Duplication of Benefits

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.

13. Endorsement

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.

14. Federal Debt Status

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.

16. Non-Liability

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.

17. Non-supplanting Requirement

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.

18. Notice of Funding Opportunity Requirements

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.

19. Notices

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:

To FAS: FAS Program Manager and FAS Grants Manager Officer, at the address specified in this Federal award.

To the NFE: The NFE's address specified in this Federal award. Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.

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—
(1) Making an administrative offset against other requests for reimbursements, or
(2) Taking other action permitted by statute. (31 U.S.C. 3716 and 7 CFR, part 3, Subpart B).
(b) The following must also be considered as a debt or debts owed by the NFE to FAS:
(1) Any royalties or other special classes of program income which, under the provisions of the Federal award, are required to be returned.
(c) Except as otherwise provided by law, FAS shall charge interest on an overdue debt in accordance with 31 CFR part 900, ‘‘Federal Claims Collection Standards.’’

Applies to all CAs and DGs.

21. Participation in Similar Activities

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.
(b) The NFE is required to report deviations from budget or project scope or objective, and request prior approvals from the FAS Program Manager for any of the following reasons:
(1) To change the scope or the objectives of the program (even if there is no associated budget revision requiring written approval) and/or revise the funding allocated among program objectives.
(2) To change a key person where specified in the awarding document.
(3) For awards over $100,000, to move funds between budget line items or cost categories of an amount over 10 percent of the total award budget or more.
If the total amount of an award is under $100,000 or the amount of funds being moved between budget line items or cost categories is less than 10 percent of the total award budget or more, prior approval is not required.
(4) The disengagement from the project for more than three months or to allow a 25% reduction in time devoted to the project, by the approved project director or principal investigator.
(5) Additional Federal funding is needed.
(6) Where indirect costs have been authorized, the NFE plans to transfer funds budgeted for indirect costs to absorb increases in direct costs or vice versa.
(7) The inclusion, unless waived by FAS, of costs that require prior approval in accordance with 2 CFR 200, Subpart E – Cost Principles or 45 CFR Part 74 Appendix E, “Principles for Determining Costs Applicable to Research and Development under Awards Contracts with Hospitals,” or 48 CFR Part 31, “Contract Cost Principles and Procedures,” as applicable.
(8) The transfer of funds budgeted for participant support costs as defined in 2 CFR 200.75, Participant support costs to other categories of expense.
(9) Unless described in the application and funded in the approved Federal award, the subawarding, transferring or contracting out of any work under the Federal award. This provision does not apply to the acquisition of supplies, material, equipment or general support services.
(10) Changes in the amount of approved cost-sharing or matching provided by the NFE.
(c) FAS is under no obligation to reimburse the NFE for costs incurred in excess of the total amount obligated under the Federal award. If the total obligated amount under the Federal award has been increased, FAS will notify the NFE in writing of the increase and specify the new total obligated amount.
(d) When requesting approval for budget revisions, the NFE must use the same format for budget information that was used in the application.

Applies to all CAs and DGs.

24. Rules of the Workplace

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.

25. Subrecipient Notification

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.

26. Tangible Personal Property

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.

Tangible personal property means property of any kind, except real property, that has physical existence. It includes equipment and supplies. It does not include copyrights, patents or securities.

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

  • Use of Program income. Unless the terms and conditions of the Federal award provide otherwise, the deduction method will be used. For awards made to Institutions of Higher Education (IHEs) and nonprofit research institutions, unless the terms and conditions of the Federal award provide otherwise, the addition method will be used.
  • Unless the terms and conditions of the Federal award provide otherwise, NFEs shall have no obligation to the U.S. Government regarding program income earned after the end of the project period. See also 2 CFR 200.307(f) and 2 CFR 200.333(e).

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.
(1) NFEs must acknowledge FAS support, whether cash or in-kind, in any publications written or published with Federal award support and, if feasible, on any publication reporting the results of, or describing, a Federal-award-supported activity as follows: ‘‘This material is based upon work supported by the U.S. Department of Agriculture, Foreign Agricultural Service under Federal award No. (NFE should enter the applicable Federal award number here).’’
(2) All such material must also contain the following disclaimer unless the publication is formally cleared by FAS: ‘‘Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the U.S. Department of Agriculture.’’
(3) Any public or technical information related to work carried out under a Federal award shall be submitted by the developing party to the other for advice and comment. Information released to the public shall describe the contributions of both parties to the work effort. In the event of a dispute, a separate publication may be made with effective statements of acknowledgment and disclaimer.
(4) The NFE, or its designees, is not authorized to develop and publish documents that could be sold and distributed for profit.
(b) Media. NFEs shall acknowledge FAS support, as indicated in paragraph (a)(1) above, in any form of media (print, DVD, audio production, web, etc.) produced with Federal support that has a direct production cost to the NFE of over $5,000. Unless the terms of the Federal award provide otherwise, this requirement does not apply to media produced as research instruments or for documenting experimentation or findings and intended for presentation or distribution to a USDA/FAS audience.
(c) Audiovisual. FAS must determine ownership of the audiovisual production based on the parties’ contributions to the production. Where FAS and/or other Federal agencies contribute at least 50 percent of the total costs, including in-kind contributions, to develop an audiovisual production, it is owned by the FAS.
(1) If FAS determines that it has ownership, then FAS must obtain the audiovisual using the Office of Management and Budget Governmentwide audiovisual contracting procedures.
(2) If FAS determines that the NFE has ownership, then the NFE is not subject to USDA approvals and the governmentwide audiovisual contracting procedures.
(3) FAS must obtain a copy of the NFE's audiovisual production and retain the right to duplicate the video for Government purposes. FAS must use Government procurement procedures to duplicate the video for FAS purposes.
(4) Any audiovisual which is produced with Federal award support and which has a direct production cost to the recipient of over $5,000 must contain an acknowledgement of FAS support.
(d) Printing. Title 7, United States Code, section 3291 does not preclude the applicability of Government Printing Office regulations when Federal dollars are used for printing, regardless of whether the printing is accomplished by the NFE or by contract.
(e) Miscellaneous.
(1) Publication and Media Releases Requirement. The NFE must provide the GMO and Project Manager with one copy of all published works developed under the Federal award and with lists of other written work produced under the grant or cooperative agreement.
(2) Nondiscrimination Statement – Printed, Electronic, or Audiovisual Material Requirement. The NFE shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding: “In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, marital status, familial status, sexual orientation, or because of all or part of an individual’s income is derived from any public assistance source. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.”) If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider."

Applies to all CAs and DGs when publication of any printed, audiovisual, or electronic material is contemplated.

30. Davis-Bacon and Service Contract Act

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.

31. Funding Equipment and Supplies

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.
(b) The NFE may not copyright text, photographs, or materials created by FAS or other USG employees on Government time and/or composed on Government equipment.

Applies to all CAs and DGs when development or publication of any printed, audiovisual, or electronic material is contemplated.

33. Patent Rights

(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.
(b) Each agreement awarded by the NFE to a small business firm, non-profit organization, or university which is to be performed in the United States, its possessions, or Puerto Rico and has as a purpose the performance of experimental, development, or research work, must contain the Patents Rights Provision.

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.

35. Research Misconduct

(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.
(b) The NFE and its employees shall comply with the Code of Scientific Ethics of USDA. See, http://www.fs.fed.us/research/publications/fs_code_of%20_scientific_ethics.pdf.

(c) The NFE shall:
(1) Maintain procedures for responding to allegations or instances of research misconduct that has the following components:
(i) Objectivity;
(ii) Due process;
(iii) Whistle blower protection;
(iv) Confidentiality;
(v) Timely resolution;
(2) Promptly conduct an inquiry into any allegation of research misconduct;
(3) Conduct an investigation if an inquiry determines that the allegation or apparent instance of research misconduct has substance;
(4) Provide appropriate separation of responsibilities between those responsible for inquiry and investigation, and those responsible for adjudication;
(5) Advise FAS of outcome at end of inquiries and investigations into allegations or instances of research misconduct; and
(6) Upon request, provide FAS hard copy (or website address) of their policies and procedures related to research misconduct.
(d) Research misconduct or allegations of research misconduct shall be reported to the USDA Research Integrity Officer (RIO) and/or to the USDA, Office of Inspector General (OIG) Hotline.
(1) The USDA RIO can be reached at: USDA Research Integrity Officer, 214–W Whitten Building, Washington, DC 20250, Telephone: 202–720–5923, Email: researchintegrity@usda.gov.

(2) The USDA OIG Hotline can be reached on: 1–800–424–9121.

Applies to all CAs and DGs when research activities are anticipated.

36. USDA Guidelines for Quality of Information

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.
(b) If security issues are affecting the NFE’s ability to meet time lines and/or to substantially accomplish the goals and objectives established under this Federal award, then the NFE must contact FAS immediately.

Applies to all CAs and DGs.