Standard Terms and Conditions for all FY 2011 FEMA Award Documentation

1. Financial Guidelines. 
The recipient and any subrecipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements.  A non-exclusive list of regulations commonly applicable to FEMA grants are listed below:
A. Administrative Requirements 
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) 
B. Cost Principles 
	1. 	2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
		Governments (OMB Circular A-87) 
	2. 	2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 
	3. 	2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 
	4. 	48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
C. Audit Requirements 
1.	OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 

	2. 	Prohibition on Using Federal Funds. 
The recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA.

	3. 	Compliance with Program Guidance.  
The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 CAP-SSSE guidance and application kit. 

4.	Budget Review (if budget review is required and not completed prior to award).
The recipient is prohibited from obligating, expending or drawing down funds provided through this award until the required budget and budget narrative are approved by FEMA and this condition is rescinded.

5.   Federal Financial Reports (SF-425) – Required Quarterly.
The recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end of the first Federal quarter following the initial grant award.  The recipient shall submit quarterly FFRs thereafter until the grant ends.  Reports are due on January 30, April 30, July 30, and October 30.  A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs.  Future awards and fund draw downs may be withheld if these reports are delinquent.  The final FFR is due 90 days after the end date of the performance period. 

OR FOR AFG USE:
5.	Federal Financial Reports (SF-425) – Required Semi-annually.  
Recipients of AFG grants awarded on or after October 1, 2009 are required to submit semi-annual Federal Financial Reports (FFR, SF-425).  The FFR, to be submitted using the online e-grant system, will be due semi-annually based on the calendar year beginning with the period after the award is made.  Grant recipients are required to submit a FFR throughout the entire period of performance of the grant.  Reports are due on July 30 for the period January 1 – June 30 and January 30 for the period July 1 – December 31.  

6.  Cooperative Agreement – Federal Involvement. 
Program authority and responsibility under this cooperative agreement resides with FEMA. FEMA will work with the recipient to review and refine work plans to ensure program goals and objectives can be effectively accomplished.

The recipient shall not develop or engage in the development of tasks not approved in recipient’s application without post-award approval from the program office, and the issuance of a Grant Amendment from FEMA.  FEMA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in consultation with the recipient, as needed.

7.   Acceptance of Post Award Changes

In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing.  Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.  Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions.

8.  Trafficking In Persons.
      
A.  Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not:

a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is in effect; or
c. Use forced labor in the performance of the award or subawards under the award.

2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:

a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:

i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement),” as implemented by our agency at 2 CFR Part 3000.

B. Provisions applicable to a recipient other than a private entity.  We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:

1.	Is determined to have violated an applicable prohibition in paragraph A.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph A.1 of this award term through conduct that is either:

a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement),” as implemented by our agency at 2 CFR part 3000.

C.  Provisions applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term.

2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section:

a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
b.	Is in addition to all other remedies for noncompliance that are available to us under this award.

3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity.  

D.  Definitions.  For purposes of this award term:

1. “Employee” means either:

a. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
b.   Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.  

2.	“Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. “Private entity” means:

a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25.
b.   Includes:

i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b).
ii. A for-profit organization.

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

9.  Classified Security Condition.

A. “Classified national security information,” as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.  

B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information.  

C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed.

D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS “Standard Operating Procedures, Classified Contracting by States and Local Entities,” dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions.  All security requirement documents are located at:  http://www.dhs.gov/xopnbiz/grants/index.shtm

E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions.  

DHS Office of Security ISPB contact information:

Telephone:	202-447-5346

Email:	DD254AdministrativeSecurity@dhs.gov

Mail:	Department of Homeland Security
			Office of the Chief Security Officer
			ATTN:  ASD/Industrial Security Program Branch
			Washington, D.C.  20528