FY20 EWP FEDERAL GRANTUSDAF PAC DATEGrants and Agreements - Routing and Clearance 02/24/2020
Business Center
Agreement # NR204532XXXXCO12
PARTICIPANTS:
MRCS &New Hanover County
PURPOSE:
New Hanover County, NC EWP DSR 37-03-15-5038 Sites
200/203/204/205/206/210/211/212/213/215/216/217/219 - Hazardous Debris Removal
PERIOD COVERED:
ROUTING
DIRECT:
_ S
ATTENTION OF
OBLIGATIONS
REIMBURSABLE
INITIALS
Denise
SS
Digitally signed by
Davis :0 z 0225
07.49.26-05'00'
1. Grants Management Specialist Arturo Manantan
2. Branch Chief Denise BUrruSS
3. Grants and Agreements Division Director Ga on HaHALL
4.
5.
GALO N
Digitally signed by
GALON HALL
Date: 2020.02.25
09.36 56 -05'00'
6.
7.
8.
REMARKS:
AGREEMENT ID 6000012454
Clear Form 11/30/2018
USDA
� U.S. Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
NRCS-ADS-093
1. Award Identifying Number
2. Amendment Number
3. Award /Project Period
4. Type of award instrument:
NR204532XXXXCO12
Date of Final Signature - 220 days
from the date of Final Signature
Cooperative Agreement
5. Agency (Name and Address)
6. Recipient Organization (Name and Address)
Natural Resources Conservation Service
NEW HANOVER COUNTY OF
4407 Bland Road, Suite 117
230 GOVT CTR DR
Raleigh, NC 27609
WILMINGTON NC 28403-1732
DUNS: 040029563 EIN:
7. NRCS Program Contact
8. NRCS Administrative
9. Recipient Program
10. Recipient Administrative
Contact
Contact
Contact
Name: JAMES KJELGAARD
Name: ARTURO MANANTAN
Name: Teresa Hewett
Name: Teresa Hewett
Phone:
Phone:
Phone:910-798-7408
Phone: 910-798-7408
Email: jim.kjelgaard@usda.gov
Email: Arturo.Manantan@wdc.
Email: thewett@nhcgov.com
Email: thewett@nhcgov.com
usda.gov
11. CFDA
12. Authority
13. Type of Action
14. Program Director
10.923
16 U.S.0 2203
New Agreement
Name: Teresa Hewett
33 U.S.0 70113-11
Phone: 910-798-7408
33 U.S.C. 701 b-1
Email: thewett@nhcgov.com
Agricultural Credit Act of 1978
FedAg Improvement and
Reform Act of 1999
Public Law 104-127, 110 Stat.
1016
Sec 216 of the Flood Control
Act of 1950
Section 216, Public Law
81-516,33 U.S.0
Section 403, Public Law 95-334
Title III, Part Subtitle H, Section
382
15. Project Title/ Description: New Hanover County, NC EWP DSR 37-03-15-5038 Sites
200/203/204/205/206/210/211/212/213/215/216/217/219 - Hazardous Debris Removal
16. Entity Type: B = County Government
17. Select Funding Type
Select funding type:
F Federal
F Non -Federal
Original funds total
$3,627,109.20
$1,099,124.00
Additional funds total
$0.00
$0.00
Page 1 of 16
Mi
Grand total
$3,627,109.20
$1,099,124.00
18. Approved Budget
Personnel
$0.00
Fringe Benefits
$0.00
Travel
$0.00
Equipment
$0.00
Supplies
$0.00
Contractual
$0.00
Construction
$3,297,372.00
Other
$329,737.20
Total Direct Cost
$3,627,109.20
Total Indirect Cost
$0.00
Total Non -Federal Funds $1,099,124.00
Total Federal Funds Awarded $3,627,109.20
Total Approved Budget $4,726,233.20
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative
Signature
Date
Timothy Beard
Y
State Conservationistg
TIMOTHY Digitally signed by TIMOTHY
BEARD
EA R D 0 Date:020.04.29 13:46:22
Name and Title of Authorized
Recipient Reprecc&.#tiv� �G�
G r•S GU'
Signatur
%
aa
Date
' ��� ZO
Peputy County Manager
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to
USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202)
720-6382 (TDD). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act 19 4 (5 U.S.C. 522a).
Page 2 of 16 proved as to form/County Attorney
Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the "NRCS", to provide technical and financial assistance to the New Hanover County,
hereinafter referred to as the "Sponsor", for EWP Event # 5038 (Hurricane Florence) in New Hanover County, North
Carolina for implementation of recovery measures, that, if left undone, pose a risk to life and/or property.
Objectives
The design and installation of EWP measures as detailed in the individual Damage Survey Report (DSR) and described
here:
DSR 37 -03-18-5038-200/203/204/205/206/210/211/212/213/215/216/217/219 — Hazardous Debris Removal
200: Whiskey Creek I: $181,246.00 (Hazardous Debris Removal)
203: Dock Creek: $51, 796.00 (Hazardous Debris Removal)
204: Everette Creek: $249,384.00 (Hazardous Debris Removal)
205: Futch Creek: $84,402.00 (Hazardous Debris Removal)
206: Howe Creek: $202,011.00 (Hazardous Debris Removal)
210: Motts Creek: $473,375.00 (NC PE Sealed Design Required)
211: Ness Creek: $263,346.00 (Hazardous Debris Removal)
212: Pages Creek Watershed: $579,309.00 (Hazardous Debris Removal)
213: Prince George Creek: $772,546.00 (Hazardous Debris Removal)
215: Shipwatch Dr -Cape Fear River: $3,600.00 (Hazardous Debris Removal)
216: Smith Creek: $989,147.00 (Hazardous Debris Removal)
217: Sneeden Drive -Pipe: $9,430.00 (Hazardous Debris Removal)
219: Whiskey Creek II: $536,904.00 (Hazardous Debris Removal)
Budget Narrative
A. The estimated costs for the project: $4,726,233.20
1. Total Estimated Construction Costs: $4,396,496.00
2. Total Estimated Federal Project Budget: ($3,297,372.00 FA + $329,737.20 TA) _ $3,627,109.20
The budget includes:
Financial Assistance (FA):
Total Contruction Costs: (75% NRCS $3,297,372.00 + 25% Sponsor $1,099,124.00) $4,396,496.00
Technical Assistance (TA):
Available NRCS Technical Assistance (10% of NRCS FA) _ $329,737.20
3. NRCS pays 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS will
contribute up to 10% percent of the NRCS' construction cost share for design services, contract administration and
construction management costs. It is possible that technical and administrative costs will exceed this amount, requiring
the Sponsor to request additional resources to complete technical and administrative work.
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4. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
5. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on -the -ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment, materials, testing, and inspection
services.
6. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurance/inspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying invoices and record keeping.
7. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
non-cash materials or services, or in-kind contributions. The value of any in-kind contribution shall be agreed to in writing
prior to implementation.
Responsibilities of the Parties:
A. Sponsor will:
1. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination
of both.
2. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source.
3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately
communicated to NRCS.
4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties, responsibilities, and authorities. Furnish such information in writing to the NRCS State
Conservationist.
5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.
6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in
accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental
mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights
and permits are the Sponsor's responsibility and ineligible for reimbursement.
7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form of
cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction costs
will be agreed upon during the pre -design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs. Construction costs incurred prior to the Sponsor
and NRCS signing this agreement are ineligible and will not be reimbursed.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
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over
10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
11. Prepare design, construction specifications, and drawings in accordance with standard engineering principles that
comply with NRCS programmatic requirements; and/or contract/install the designed construction. Any design services
will be by a professional registered engineer currently registered in the state of North Carolina. Sponsor will obtain NRCS
review and concurrence on the design, construction plans, and specifications. The Sponsor must ensure description of
work is reviewed, concurred, and approved by NRCS. A copy of the final signed and sealed plans and specifications
shall be provided to NRCS.
12. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this
Federal program legislation.
13. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect
interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of
cost and accomplishment.
15. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre -design conference. In-kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in-kind construction services, even if
on the job site, and should not be included in the equipment operating records.
17. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of construction.
18. Provide construction inspection in accordance with the QAP.
19. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to
commence of work. The O&M Plan shall describe the activities the Sponsor will do to ensure the project performs as
designed. Upon completion of the project measures, the Sponsor shall assume responsibility for O&M or document
delegation of O&M to another party.
20. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
Page 5 of 16
measures.
reviewed and concurred on by NRCS.
21. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project. Use caution during practice installation. Be aware of the possibility of partially or totally
buried cultural resources such as prehistoric canoes and historic boats or boat landings. If cultural resources are
discovered inside the area of potential effect stop all activities that may disturb the cultural resource and contact the
NRCS cultural resources specialist, Jim Errante as soon as possible. Please find contact information below:
Jim Errante
Email: jim.errante@usda.gov
Office Phone: (803) 253-3937
22. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described in this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
23. Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost -
share contribution.
24. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Program/Technical Contact. Provide NRCS Program/Technical Contact progress
reports as necessary and agreed to. Progress reports should include technical on-site inspections of work accomplished
for the period, work planned, results of material tests, deficient work products and/or tests with corrective actions taken,
modifications anticipated, technical problems encountered, contractual issues and other relevant information.
25. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708) as supplemented by
Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's
compliance with safety requirements.
26. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide a PE certification that the specified Projects were
installed in accordance with approved plans and specifications.
27. Provide PE -certified as -built drawings and quantities for the specified Projects; PE must be currently registered and
in good standing with the state of North Carolina. A copy of the as -built drawings will be submitted to the NRCS
Program/Technical Contact.
28. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF -270, "Request for
Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request.
Final payment request shall be submitted within 90 calendar days of completion of the EWP project measures.
Payments will be withheld until all required documentation is submitted and complete.
a. The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.
b. The required supporting documentation for reimbursement of in-kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
work was performed.
29. Submit performance reports on an annual basis to the Farm Production and Conservation (FPAC) Grants and
Agreements Division staff via email to: FPAC.BC.GAD@usda.gov. Reports are due 30 calendar days after the reporting
period and are based on the agreement period of performance start date.
30. Submit SF -425 Financial Reports on a semi-annual basis to the Farm Production and Conservation (FPAC) Grants
and Agreements Division via email to: FPAC.BC.GAD@usda.gov. Reports are due 30 calendar days after the reporting
period on July 31 and January 31. Please note that financial reporting is based on the calendar year.
31. Submit payment requests to the Farm Production and Conservation (FPAC) Grants and Agreements Division via
Page 6 of 16
email to: FF'AC:.t3(;.(3AULuscla.gov on a monthly or quarterly basis. Keter to the general I erms and Conditions Tor
more information regarding payment requests.
32. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial
report (SF -425) under this award or final payment is received, whichever is later.
33. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Projects. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any litigation
matters in which NRCS could have a financial interest.
34. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
35. Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3 -year period, records are to be retained until the litigation is
resolved or the end of the 3 -year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.
36. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period. These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
37. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
38. For 220 -day emergency projects, the Sponsor will submit a report to the State Conservationist and State EWP
Program Manager every 30 days (i.e. monthly) from the date the formal agreement is signed by both parties. The report
(s) must, at a minimum, include the following:
a. Funds obligated and funds disbursed
b. Percent of work completed
c. Current estimate of eligible work unfunded
d. Any unusual conditions or situations that may delay the project completion within the 220 days and what efforts are
being taken to address the situation
e. Human interest examples
f. Urgent problems and or needs
39. Within 45 -days of project completion certification, Sponsor will submit a final report to the State Conservationist and
State EWP Program Manager The information required in the final report must describe the following:
a. Emergency recovery measures installed (tabular and map formats acceptable)
b. Financial assistance (FA) and technical assistance (TA) expenditures
c. Benefits provided
Page 7 of 16
Pro
B. NRCS will:
1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre -design
conference.
2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations (if required)
and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF -270 and
supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1. One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer (if
applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable, force accounts only).
2. Signed NRCS-ADS-78 supported by an attorney's opinion.
3. One copy of the quality assurance plan.
4. One copy of the operation and maintenance plan or documentation O&M responsibilities transferred to landowner (if
applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Copies of all 30 -day interval reports, submitted in a timely manner, starting 30 days after the formal agreement is
signed by all parties and continuing through project completion.
7. Certification that the project was installed in accordance with the plans and specifications.
8. As -built drawings of final construction signed by a licensed professional engineer within 30 days of completion of
construction.
9. Quantities of the units of work applied for each site within 30 days of completion of construction along with a final
report detailing site recovery measures and project expenditures.
Resources Required
No resources required other than funding
Milestones I
Milestones shall include, but not limited to, the following items:
Page 8 of 16
1. Pre-design/construction conference within 30 days of signing agreement.
2. Submit to NRCS a schedule with time lines of major items to be completed within 30 days of the pre -design
conference.
3. Acquire needed real property rights and permits (signed NRCS-ADS-78 supported by an attorney's opinion) prior to
start of construction.
4. Complete any necessary surveys (if applicable).
5. Complete draft engineering plans and specifications for NRCS review (if applicable).
6. Complete final engineering plans and specifications (if applicable).
7. Complete quality assurance plan and operation and maintenance plan (if applicable).
8. Solicit bids.
9. Award contract.
10. Manage construction contract and provide quality assurance as described in the QAP.
11. Provide 30 -day progress reports at timely intervals
12. Provide final inspection.
13. Complete as -built drawings and/or final report.
14. Submit final payment.
Page 9 of 16
GENERAL TERMS AND CONDITIONS
Please reference the below link(s) for the General Terms and Conditions pertaining to this award:
U.S. DEPARTMENT OF AGRICULTURE FARM PRODUCTION AND CONSERVATION
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
The Farm Production and Conservation (FPAC) mission area encompasses the following USDA agencies: Natural
Resources Conservation Service (NRCS), Farm Service Agency (FSA), Risk Management Agency (RMA), the
Commodity Credit Corporation (CCC), and the FPAC Business Center.
I. APPLICABLE REGULATIONS
a. As a condition of this award, the recipient assures and certifies that it has and/or will comply and require subrecipients
to comply with the requirements contained in the following statutes and regulations, as applicable. The full text of Code
of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?
collectionCode=CFR and http://www.ecfr.gov/.
(1) 2 CFR Part 25, "Universal Identifier and System of Award Management' (2) 2 CFR Part 170, "Reporting Subaward
and Executive Compensation Information" (3) 2 CFR Part 175, "Award Term for Trafficking in Persons' (4) 2 CFR Part
180, "OMB Guidelines to Agencies On Governmentwide Debarment And Suspension (Non procurement)" (5) 2 CFR Part
182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (6) 2 CFR Part 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (7) 2 CFR Part 400,
"Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" (8) 2 CFR Part
417, "Nonprocurement Debarment and Suspension" (9) 2 CFR Part 418, "New Restrictions on Lobbying" (10) 2 CFR
Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" (11) 2 CFR Part 422, "Research Institutions
Conducting USDA -Funded Extramural Research; Research Misconduct"
b. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and,
to the extent applicable, to the type of organizations receiving the award, regardless of tier. The following portions of the
Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations
references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.
ecfr.gov/.
(1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal
Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" c. For corporate recipients, by accepting this
award the recipient acknowledges: (1) that it does not have a Federal tax delinquency, meaning that it is not subject to
any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, and (2) that it has not been convicted of a felony criminal violation under any
Federal law within 24 months preceding the award, unless a suspending and debarring official of the USDA has
considered suspension or debarment of the recipient corporation based on these convictions and/or tax delinquencies
and determined that suspension or debarment is not necessary to protect the interests of the Government. If the
recipient fails to comply with these provisions, the agency will annul this agreement and may recover any funds the
recipient has expended in violation of the above cited statutory provisions.
II. UNALLOWABLE COSTS
The following costs are not allowed:
a. Costs above the amount authorized for the project. b. Costs incurred after the award period of performance end date.
c. Costs not identified in the approved budget or approved budget revisions. d. Profit resulting from Federal financial
assistance. Recipients may not earn and keep income resulting from an award. e. Costs of promotional items and
memorabilia, including models, gifts, and souvenirs. f. Compensation for injuries to persons or damage to property
arising from project activities.
This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR
Part 200, "Subpart E - Cost Principles', or direct specific inquiries to the administrative contact identified in the award.
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The allowability of some items of costs may be difficult to determine. To avoid disallowance or dispute of such costs, the
recipient may seek prior approval before incurring them. See 2 CFR 200.407. III. PRIOR APPROVAL REQUIREMENTS
Certain items of cost and award revisions require the prior written approval of the awarding agency. The following are
the most common situations requiring prior approval. However, this list is not exhaustive, and the recipient is also bound
by any other prior approval requirements identified in the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
a. Pre -award costs.—To receive reimbursement for costs incurred prior to the award date, recipients must request
written approval before incurring the costs. This restriction also applies to costs intended to meet cost -share
requirements. FPAC agencies will not approve expenses incurred more than 90 calendar days before the period of
performance start date. All costs incurred before the period of performance start date, even if approved, are at the
recipient's risk (i.e., the Federal awarding agency is under no obligation to reimburse such costs if for any reason the
recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover such
costs). b. Revisions to scope, objective, or deliverables.—When it is necessary to modify the scope, objective, or
deliverables of an award, the recipient authorized signatory must submit a written request and justification for the change
along with the revised scope, objective, or deliverables of the award to the administrative contact. The request should
contain the following information: 1. Grant or agreement number 2. Narrative explaining the requested modification to the
project scope, objectives, or deliverables 3. A description of the revised scope, objectives, or deliverables
c. Additions or changes to subawards and contracts.—The subawarding, transferring, or contracting out of any work
under a Federal award not identified in the original award budget or any changes to subaward or contracts requires prior
written approval. The recipient must submit a justification for the proposed subaward/contract, a statement of work to be
performed, and a detailed budget for the subaward/contract to the administrative contact. This provision does not apply
to the acquisition of supplies, material, equipment, or general support services. d. Change in a key person specified in
the application or award.— When there is a change in key personnel, the recipient must request prior written approval for
the substitution or change. The request must identify the replacement personnel and provide his or her qualifications.
e. Absence or change in project leadership.—If the approved project director or principal investigator disengages from
the project for more than three months or reduces time devoted to the project by 25 percent or more, the recipient must
notify the administrative contact in writing, identifying who will be in charge during the project director's absence. The
notification must include the qualifications of the replacement.
f. Budget revisions.—Recipients must request prior written approval for deviations from the approved budget in the
instances described below. For all budget revisions, the recipient must submit a new SF 424A or 424C and budget
narrative to support the request. 1. The inclusion of costs that require prior approval in accordance with Subpart E—Cost
Principles of this part or 45 CFR part 75 Appendix IX, "Principles for Determining Costs Applicable to Research and
Development under Awards and Contracts with Hospitals," or 48 CFR part 31, "Contract Cost Principles and
Procedures," as applicable. 2. Where the cumulative amount of transfers of funds among direct cost categories or
programs, functions, and activities exceeds or is expected to exceed 10 percent of the total budget as last approved by
the Federal awarding agency, and where the Federal share of the project exceeds the simplified acquisition threshold. 3.
The transfer of funds budgeted for participant support costs to other categories of expense requires prior written
approval. Participant support costs means direct costs for items such as stipends or subsistence allowances, travel
allowances, and registration fees paid to or on behalf of participants or trainees (but not employees) in connection with
conferences or training projects. 4. Changes in the approved cost-sharing or matching provided by the recipient. 5.
Additional Federal funds needed to complete the project. 6. Changes to negotiated indirect cost rates during the award
period of performance. 7. Equipment purchases not specifically identified in the approved budget.
g. No -Cost Extensions of Time.—When a no -cost extension of time is required, the recipient authorized signatory must
submit a written request to the FAPC administrative contact. Except in very limited circumstances, a no -cost extension
of time cannot exceed 12 months. FPAC cannot approve requests for no -cost extensions received after the expiration of
the award. In addition, time may not allow extension requests submitted less than 30 calendar days before the period of
performance end date to be processed, so recipients are encouraged to submit requests as soon as possible. FPAC
agencies cannot approve no -cost extensions requested merely to expend remaining funds. The request must contain
the following: 1. Amount of additional time requested 2. Explanation for the need for the extension 3. A summary of
progress to date and revised milestones
IV. PAYMENTS
a. Recipients must request reimbursement or advances using a properly completed and executed SF -270, submitted
with supporting documentation to either the ezFedGrants system or to the e-mail address specified in the statement of
work. FPAC agencies will make payment to the recipient on a reimbursable or advance basis in accordance with the
frequency specified in the statement of work.
b. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
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to procedures contained in the Federal administrative provisions and 31 CFR Part 205. At the end of each advance
period, the recipient must provide a justification (i.e., documentation) showing the amount of advanced funds spent.
c. The method of payment between the recipient and its contractors will be in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
Management/National Finance Center method to request payments. If the recipient makes advance payments to
contractors, the recipient must ensure that the timing of such payments is designed to minimize elapsed time between
the advance payment and the disbursement of funds. Recipients must not submit requests from their contractors for
review or approval.
d. Accounting records for all costs incurred under this award must be supported by source documentation. Such
documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this
award. All project costs must be incurred within the approved project period of this award, including any approved no -
cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the
approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Government by the recipient. The level of detail and documentation required to be provided to support any individual
payment request is at the discretion of the Government.
e. Recipients must pay all costs incurred (i.e., liquidate obligations) under the award not later than 90 calendar days after
the period of performance end date.
V. FINANCIAL REPORTING
a. Recipients must submit a Federal Financial Report (FFR), SF 425 in accordance with the schedule included in the
award statement of work. Recipients must submit reports to either the ezFedGrants system or to the email address
specified in the statement of work. Failure to submit reports as required may result in suspension or termination of
award.
b. The recipient must submit a final financial report no later than 90 days after the period of performance end date. c.
The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required
reports.
VI. PERFORMANCE MONITORING AND REPORTING
a. The recipient is responsible for monitoring day-to-day performance and for reporting to FPAC. If the project involves
subaward/contractual arrangements, the recipient is also responsible for monitoring the performance of project activities
under those arrangements to ensure that approved goals and schedules are met.
b. The recipient must submit a written progress report at the frequency specified in the statement of work to either the
ezFedGrants system or to the email address specified in the statement of work. Each report must cover— 1. A
comparison of actual accomplishments with the goals and objectives established for the reporting period and, where
project output can be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit
costs.
c. The recipient must submit a final performance report within 90 calendar days of the period of performance end date. d.
The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required
reports.
VII. AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A recipient
entity that expends $750,000 or more during the recipient's fiscal year in Federal awards must have a single or program -
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specific audit conducted for that year.
VIII. SPECIAL PROVISIONS
a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the
Federal Fair Labor Standards Act.
b. Employees of FPAC agencies will participate in efforts under this agreement solely as representatives of the United
States. They may not participate as directors, officers, employees, or otherwise serve or hold themselves out as
representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts. Further, FPAC employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in projects or agreements with such
recipients.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement. d. Except in very limited circumstances (e.g., construction agreements), no agreement period of
performance can exceed a total of five years, including extensions. e. Recipients who engage or assist in scientific
related activities on behalf of USDA must uphold the principles of scientific integrity established by Departmental
Regulations 1074-001, Scientific Integrity. Covered activities include engaging in, supervising, managing, and reporting
scientific work; analyzing and publicly communicating information resulting from scientific work; and utilizing information
derived from scientific work in policy and decision making. f. Recipients of awards under covered programs (as defined
in Executive Order 13858, January 31, 2019) are hereby notified that they are encouraged to use, to the greatest extent
practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States
in every contract, subcontract, purchase order, or subaward that is chargeable under the award. "Covered program"
means a program that provides financial assistance for the alteration, construction, conversion, demolition, extension,
improvement, maintenance, construction, rehabilitation, or repair of an infrastructure project in the United States.
However, it does not include programs for which a domestic preference is inconsistent with law or programs providing
financial assistance that are subject to comparable domestic preferences. g. The recipient and its employees are
prohibited from promoting, recommending, or discussing the availability of specific commercial products or services with
FPAC agency clients in the course of carrying out activities under this agreement, including any products or services
offered by the recipient, except as may be specifically allowed in the agreement.
IX. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support.
b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2
months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention
disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to:
Farm Production and Conservation Business Center Grants and Acquisitions Division 1400 Independence Avenue, SW.
Room 6819 South Building Washington, DC 20250
c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license
others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States
must manufacture it domestically.
d. The following acknowledgment of USDA support must appear in the publication of any material, whether copyrighted
or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially
based upon or developed under this award:
"This material is based upon work supported by the U.S. Department of Agriculture, under agreement number [recipient
should enter the applicable award number here]."
In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must
include the following statement:
"Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do
not necessarily reflect the views of the U.S. Department of Agriculture. In addition, any reference to specific brands or
types of products or services does not constitute or imply an endorsement by the U.S. Department of Agriculture for
those products or services."
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e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination
statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA home page. If the material is
too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the
statement:
"USDA is an equal opportunity provider and employer."
The recipient is responsible for ensuring that an acknowledgment of USDA is made during news media interviews,
including popular media such as radio, television, and news magazines, that discuss work funded by this award in a
substantial way.
X. COST-SHARING REQUIREMENTS
a. If the award has specific cost-sharing requirements, the cost-sharing participation in other projects may not be
counted toward meeting the specific cost -share requirement of this award and must come from non -Federal sources
unless otherwise stated in the applicable program authorizing statute. b. Cost share must be documented on each SF
425 and SF 270 and in source documentation as it is provided by the recipient or third party. The required cost -share or
matching ratio must be met by the end of the agreement period of performance; however, it does not have to be
maintained for every payment request.
c. Should the recipient become aware that it may be unable to provide the cost-sharing amount identified in this award, it
must -1. Immediately notify the FPAC administrative contact of the situation. 2. Specify the steps it plans to take to
secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost
sharing. If the recipient's plans are not acceptable to FPAC, the award may be subject to termination. FPAC
modifications to proposed cost sharing revisions are made on a case-by-case basis. Failure by the recipient to notify
FPAC in accordance with this section may result in the disallowance of some or all the costs charged to the award, the
subsequent recovery by FPAC of some of the FPAC funds provided under the award, and possible termination of the
award. It may constitute a violation of the terms and conditions of the award so serious as to provide grounds for
subsequent suspension or debarment.
d. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well as
records of costs to be paid by FPAC. If the recipient's cost participation includes in-kind contributions, the basis for
determining the valuation for volunteer services and donated property must be documented.
e. Recipients must provide notification to the agency administrative contact when adding or replacing sources of cost -
share contributions.
1:/�,:ZiZe3:7_l ��1►LK�7 �1
Program income is the gross revenue generated by a Federally funded activity earned during the performance period of
the award. Program income may be earned by recipients from fees charged for conference or workshop attendance,
from rental fees earned from real property or equipment acquired with Federal funds, or from the sale of commodities or
items developed under the grant or cooperative agreement. It must fall within the guidelines at 2 CFR 200.307. Unless
identified and addressed in the award, the recipient must provide notification to the administrative contact and request
the manner it would like to treat the income (i.e., deductive or additive). Program income may be used to meet recipient
cost -share requirements with the approval of the Government. All program income must be reported on the applicable
SF 270 and SF 425.
XII. NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to purchase only
American-made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the
recipient upon completion of the award project and acceptance by FPAC of required final reports. When equipment is no
longer needed by the recipient and the per-unit fair market value is less than $5,000, the recipient may retain, sell, or
dispose of the equipment with no further obligation to FPAC. However, if the per-unit fair market value is $5,000 or more,
the recipient must submit a written request to the FPAC administrative contact for disposition instructions.
1311NRIb1111 NIII /_11.11111VA
The maximum financial obligation of FPAC to the recipient is the amount of funds indicated in the award as obligated by
FPAC. However, if an erroneous amount is stated on the approved budget, or any supporting document relating to the
award, FPAC will have the unilateral right to make the correction and to make an appropriate adjustment in the FPAC
share of the award to align with the Federal amount authorized.
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XIV. MODIFICATIONS AND TERMINATIONS
The parties may amend this award through an exchange of correspondence between the authorized signatory of each or
via formal amendment document. The award is subject to termination if FPAC determines that the recipient has failed to
comply with the terms and conditions of the award. If the award is terminated, the guidelines at 2 CFR 200.339-42 will
govern the obligations of the parties.
XV. PRIVACY ACT AND PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
a. Activities performed under this award may involve access to confidential and potentially sensitive information about
governmental and landowner issues. The term "confidential information" means proprietary information or data of a
personal nature about an individual, or information or data submitted by or pertaining to an organization. This information
must not be disclosed without the prior written consent of FPAC.
b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.
C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171).
c. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:"
1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information. 2. You must notify your employees, contractors, or
subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph
(1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not
contravene requirements applicable to any other form issued by a Federal department or agency governing the
nondisclosure of classified information. 4. If FPAC determines that you are not in compliance with this award provision,
FPAC: i. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; ii. May pursue other
remedies available for your material failure to comply with award terms and conditions. XVI. ACKNOWLEDGMENT OF
SECTION 1619 COMPLIANCE
The recipient agrees to comply with FPAC guidelines and requirements regarding the disclosure of information protected
under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), 7 U.S.C. 8791 as described
below.
a. Responsibilities. 1. Acceptance of this award indicates acknowledgment and understanding that the recipient is legally
bound by Federal statute to comply with the provisions of Section 1619 and that the recipient will not subsequently
disclose information protected by section 1619 to any individual or organization that is not directly covered by this award.
Any such subsequent disclosure of the protected information (except as permitted under Section 1619) will be
considered a violation of Section 1619. The recipient will be held responsible should disclosure of the protected
information occur.
2. Acceptance of this award legally binds every owner, manager, supervisor, employee, contractor, agent, and
representative of the recipient to comply with the provisions in Section 1619. The recipient must consult with FPAC prior
to providing protected information to an entity or individual outside of the recipient and as necessary to implement the
program to ensure that such release is permissible.
3. The recipient will use the protected information only to perform work that is directly connected to this award. Use of
the protected information to perform work that is not directly connected to this award is expressly prohibited.
4. The recipient must internally restrict access to the protected information to only those individuals who have a
demonstrated need to know the protected information to perform work under this award.
5. The provisions in Section 1619 are continuing obligations. Even when the recipient is no longer a recipient, or when
individuals currently affiliated with the recipient become no longer so affiliated, every person having been provided
access to the protected information will continue to be legally bound to comply with these provisions.
6. The recipient must notify all managers, supervisors, employees, contractors, agents, and representatives about this
provision and the requirements of Section 1619. Notifications about the existence of this provision must be made to
those individuals who are new to the organization and periodic notifications must be sent throughout the organization (as
well as to all contractors and agents) to remind all about the ongoing and continuing requirements.
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7. When the recipient is unsure whether particular information is covered or protected by Section 1619, the recipient
must consult with FPAC to determine whether the information must be withheld.
8. Use of the protected information for any purpose is expressly prohibited after the period of performance end date of
this award. Upon the award end date, any protected information provided under this award must be immediately
destroyed or returned to FPAC. The recipient must provide to FPAC written certification that the protected information
(paper copy, electronic copy, or both) has been properly destroyed, removed from any electronic storage media, or both.
9. Any State's "sunshine law," "open records act" or other version of the Freedom of Information Act is superseded by
section 1619 under the Supremacy Clause of the U.S. Constitution. Accordingly, information protected from disclosure
by section 1619 must not be released under such State laws.
b. Protected Information.
1. Examples of the types of information prohibited by disclosure under Section 1619 include, but are not limited to, the
following:
i. State identification and county number (where reported and where located). ii. Producer or landowner name, business
full address, phone number, Social Security Number, and similar personal identifying information. iii. Farm, tract, field,
and contract numbers. iv. Production shares and share of acres for each Farm Serial Number (FSN) field. v. Acreage
information, including crop codes. vi. All attributes for Common Land Units (CLUs) in USDA's Geospatial Information
System vii. Any photographic, map, or geospatial data that, when combined with other maps, can be used to identify a
landowner. viii. Location of conservation practices.
2. Section 1619 allows disclosure of "payment information (including payment information and the names and addresses
of recipients of payments) under any Department program that is otherwise authorized by law" (emphasis added). The
names and payment information of producers generally may be provided to the public; however, the recipient shall
consult with FPAC if there is any uncertainty as to the provision of such information.
3. Section 1619 also allows disclosure of otherwise protected information if "the information has been transformed into a
statistical or aggregate form without naming any—(i) individual owner, operator, or producer; or (ii) specific data
gathering cite." The recipient must consult with FPAC as to whether specific information falls within this exception prior to
relying on this exception.
c. Violations. The recipient will be held responsible for violations of this provision and Section 1619. A violation of this
provision by the recipient may result in action by FPAC, including termination of the underlying Federal award.
d. Effective Period. The requirements of this provision is effective on the date of the final signature and will continue until
FPAC notifies the recipient that it is no longer required based on changes in applicable Federal law.
XVII. AWARD CLOSEOUT
a. Award closeout is the process by which FPAC determines that all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed. b. The recipient must submit, no later than
90 calendar days after the end date of the period of performance, all financial, performance, and other reports as
required by the terms and conditions of the agreement, including documentation showing that match or cost -share
requirements have been met. The awarding agency may approve extensions when requested by the recipient. c. Unless
the awarding agency authorizes an extension, the recipient must liquidate all obligations incurred under the agreement
not later than 90 calendar days after the end date of the period of performance. d. Recipients must submit all requests
for reimbursements no later than 90 calendar days after the end date of the period of performance. e. The recipient must
promptly refund any balances of unobligated cash that the awarding agency paid in advance or paid and that are not
authorized to be retained by the recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection
of amounts due, for requirements regarding unreturned amounts that become delinquent debts. f. Recipients must retain
all records pertaining to the agreement in accordance with 2 CFR 200.333-337 and any additional requirements included
in the agreement statement of work. g. Recipients must follow disposition requirements for property acquired with award
funds in accordance with 2 CFR 200.310-316.
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