HomeMy WebLinkAboutAgreements/Contracts - RenewDocuSign Envelope ID: FF7EF47E-lAAA-4A4A-ADC1-6E9F553EDC49
-K-22-Zso
Washington State
CONTRACT
HCA Contract No.: K3919
Health Care-ku0l,hOrlty
AMENDMENT
Amendment No.: 05
THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and the party
whose name appears below, and is effective as of the date set forth below.
CONTRACTOR NAME
CONTRACTOR doing business as (DBA)
Grant County
CONTRACTOR ADDRESS
CONTRACTOR CONTRACT MANAGER
840 E Plum St
Name: Dell Anderson
Moses Lake, WA 98837-1874
Email: daanderson@grantcountywa.gov
AMENDMENT START DATE
CONTRACT END DATE
September 30, 2022
June 30, 2023
PRIOR MAXIMUM CONTRACT AMOUNT
AMOUNT OF INCREASE
TOTAL MAXIMUM COMPENSATION
$941,191.00
$1257700.00
$1,066,891.00
WHEREAS, HCA and Contractor previously entered into a Contract for Community Prevention and Wellness
Initiative (CPWI) Services, and;
WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 17, Amendment, to add
funding, and update contract language;
NOW THEREFORE, the parties agree the Contract is amended as follows:
1. Section 8, Compensation and Billing, Subsection 8.1, Consideration and Source of Funds is amended to
reflect an increase in maximum compensation of $125,700.00, from $941,191.00 to $1,066,891.00.
2. Section 1, Definitions, Dedicated Marijuana Account" or "DMA" is updated to reflect the change in name
to "Dedicated Cannabis Account". All references to Dedicated Marijuana Account or DMA are hereby
changed to Dedicated Cannabis Account or DCA, respectively.
3. Section 8, Compensation and Billing, Subsection 8.2, Reimbursements, is replaced as follows to clarify
45 -day invoicing requirements and standardize across all CPWI Contracts:
8.2 Reimbursements
HCA shall reimburse the Contractor only for actual incurred and allowable costs for the services identified
in this Contract and in accordance with the Substance Use Disorder Prevention and Mental Health
Promotion Services Billing Guide found at https://www.hca.wa.gov/assets/program/fiscal-program-
requirements-sud pdf.
The Contractor shall not bill and HCA shall not pay for services performed under this contract, if the
contractor has charged or will charge another agency of the state of Washington or any other party for
the same services.
Reimbursement requests will not be approved for payment until the Contractor is current with all reporting
requirements contained in this Contract.
HCA Contract No. K3904-5 Page 1 of 21
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HCA shall not make any payments in advance or anticipation of the delivery of services to be provided
pursuant to this Contract.
All work under this Contract must end on or before the funding source(s) end date(s) and the final
reimbursement request must be submitted to HCA within forty-five (45) calendar days after the funding
source(s) end date(s). If the Contract is identified as funded by a federal and/or state grant(s), Contractor
must submit all invoices within forty-five (45) calendar days of the end of the grant(s) fiscal year.
Upon expiration, suspension, or termination of the Contract, any claims for payment for costs due and
payable under this Contract that are incurred prior to the expiration, suspension, or termination date must
be submitted by the Contractor to HCA within forty-five (45) calendar days.
The Contractor must submit invoices for costs due and payable under this contract within forty-five (45)
days of the date services were provided or within forty-five (45) calendar days after the Contract
expiration date or funding source(s) end date, whichever comes first.
HCA is under no obligation to pay any claims that are submitted forty-six (46) or more days after the
funding source(s) end date ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any
such potential payment is contingent upon the availability of funds.
Any supplemental billings must be received within thirty (30) days of the billing due date to be considered
for payment. No supplemental billings will be accepted after forty-five (45) days of a funding source end
date.
Payment shall be considered timely if made by HCA within thirty (30) business days after receipt and
acceptance by HCA of the properly completed invoices. Payments shall be sent to the address
designated by the Contractor on page one (1) of this Contract. HCA may, at its sole discretion, withhold
payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with
any term or condition of this Contract.
4. Section 22, Billing Limitations is replaced as follows:
The HCA shall pay the Contractor only for authorized services provided in accordance with this Contract.
HCA within the special terms and conditions of this contract may reduce length of time following the
provision of services in which the contractor may submit claims for payment.
5. Updated information for Attachment 5, Federal Compliance, Certifications, and Assurances, Sections I.a
through 1.1, detailing Source of Funding and Period of Availability are in Attachment 8, Federal Award
Identification for Subrecipients (FATS) and Attachment 9, Federal Subaward Identification (FSI).
Contractor will refer to Attachment 8 and 9 for funding amounts and period of availability for current and
future funding. All other terms and conditions remain in effect.
6. Attachment 9, Federal Subaward Identification (FSI), is attached hereto and incorporated herein.
7. Attachment 10, SOR III Special Terms and Conditions, is attached hereto and incorporated herein.
8. Attachment 11, Substance Abuse and Mental Health Services Administration (SAMHSA) Award Terms
2022, is attached hereto and incorporated herein.
HCA Contract No. K3904-5 Page 2 of 21
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9. This Amendment ratifies the earlier agreement between the parties, the terms and conditions of which
are contained herein. Accordingly, upon signature of the parties, this Amendment's effective date will be
September 30, 2022 ("Effective Date"), regardless of the date of execution.
10. All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Contract.
11. All other terms and conditions of the Contract remain unchanged and in full force and effect.
The parties signing below warrant that they have read and understand this Amendment and have authority to
execute the Amendment. This Amendment will be binding on HCA only upon signature by both parties.
CONTRACTOR SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
Danny __E Stone B i
OCC C aer-
DATE SIGNED
HCA SIGN TURE
QocuSigned by:
I-��Cile�eNAME AmeAND
neTITLE
`R _,¢.„,,`,,�
Contracts Administrator
11 /30/2022
HCA Contract No. K3904-5 Page 3 of 21
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ATTACHMENT 9 - Federal Subaward Identification
State Opioid Response III (SOR III)
1.
Federal Awarding Agency
Dept. of Health and Human Services
Substance Abuse and Mental Health Services
Administration (SAMHSA)
2.
Federal Award Identification Number (FAIN)
H79TIO85727
3.
Federal Award Date
September 23, 2022
4.
Assistance Listing Number and Title
93.788 Opioid STR (Opioid Response Grants)
5.
Is the Award for Research and Development?
[:1 Yes ® No
6.
Contact Information for HCA's Awarding
Keri Waterland, assistant director
Official
WA State Health Care Authority
Division of Behavioral Health and Recovery
keri.waterland@hca.wa.gov
360-725-5252
7.
Subrecipient name (as it appears in SAM.gov)
Grant County
8.
Subrecipient's Unique Entity Identifier (UEI)
NR7ERN44MPC6
9.
Subaward Project Description
Community Prevention and Wellness Initiative
services
10.
Primary Place of Performance
98837-1874
11.
Subaward Period of Performance
September 30, 2022 — June 30, 2023
12.
Amount of Federal Funds Obligated by this
$51,150.00
Action
13.
Total Amount of Federal Funds Obligated by
$51,150.00
HCA to the Subrecipient, including this Action
14.
Indirect Cost Rate for the Federal Award
8%
(including if the de minimis rate is charged)
This Contract is subject to 2 CFR Chapter 1, Part 170 Reporting Sub -Award and Executive Compensation Information.
The authorized representative for the Subrecipient identified above must answer the questions below. If you have
questions or need assistance, please contact subrecipientmonitoring@hca.wa.gov.
1. Did the Subrecipient receive (1) 80% or more of its annual gross revenue from federal contracts, subcontracts,
grants, loans, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues
from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements?
[:1 YES ,ANO
2. Does the public have access to information about the compensation of the executives in your business or
organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
❑ YES [3 NO
HCA Contract No. K3904-5 Page 4 of 21
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Federal Subaward Identification
Partnerships For Success (PFS)
1.
Federal Awarding Agency
Dept. of Health and Human Services
Substance Abuse and Mental Health Services
Administration (SAMHSA)
2.
Federal Award Identification Number (FAIN)
H79SP080980
3.
Federal Award Date
06-04-2020
4.
Assistance Listing Number and Title
93.243 Substance Abuse and Mental Health
Services Projects of Regional and National
Significance
5.
Is the Award for Research and Development?
❑ Yes ® No
6.
Contact Information for RCA's Awarding
Keri Waterland, assistant director
Official
WA State Health Care Authority
Division of Behavioral Health and Recovery
keri.wateriand(cb,hca.wa gov
360-725-5252
7.
Subrecipient name (as it appears in SAM.gov)
Grant County
8.
Subrecipient's Unique Entity Identifier (UEI)
NRZERN44MPC6
9.
Subaward Project Description
Community Prevention and Wellness Initiative
services
10.
Primary Place of Performance
98837-1874
11.
Subaward Period of Performance
September 30, 2022 — June 30, 2023
12.
Amount of Federal Funds Obligated by this
$317350.00
Action
13.
Total Amount of Federal Funds Obligated by
$1687849.00
HCA to the Subrecipient, including this Action
14.
Indirect Cost Rate for the Federal Award
8%
(including if the de minimis rate is charged)
This Contract is subject to 2 CFR Chapter 1, Part 170 Reporting Sub -Award and Executive Compensation Information.
The authorized representative for the Subrecipient identified above must answer the questions below. If you have
questions or need assistance, please contact subrecipientmonitoring .hca.wa.gov.
1. Did the Subrecipient receive (1) 80% or more of its annual gross revenue from federal contracts, subcontracts,
grants, loans, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues
from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements?
[:1 YES WN0
2. Does the public have access to information about the compensation of the executives in your business or
organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
❑ YES W NO
HCA Contract No. K3904-5 Page 5 of 21
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Federal Subaward Identification
State Opioid Response II No -Cost Extension (SOR II -NCE)
This Contract is subject to 2 CFR Chapter 1, Part 170 Reporting Sub -Award and Executive Compensation Information.
The authorized representative for the Subrecipient identified above must answer the questions below. If you have
questions or need assistance, please contact subrecipientmonitoring@hca.wa.gov.
1. Did the Subrecipient receive (1) 80% or more of its annual gross revenue from federal contracts, subcontracts,
grants, loans, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues
from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements?
[:1 YES P4NO
2. Does the public have access to information about the compensation of the executives in your business or
organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
❑ YES 04 NO
HCA Contract No. K3904-5 Page 6 of 21
Federal awarding agency
Department of Health and Human Services
1 •
Substance Abuse and Mental Health Services
Administration
2.
Federal Award Identification Number (FAIN)
H79TIO83286
3.
Federal award date
August 25, 2022
4.
Assistance Listing Number and title
93.788 Opioid STR
5.
Is the award research and development?
El Yes ® No
HCA awarding official
WA State Health Care Authority
6
Keri Waterland, Assistant Director DBHR
626 8th Ave SE; Olympia, WA 98504-5330
Keri.waterland hca.wa. ov
7.
Subrecipient's name (in SAM.gov)
Grant County
8.
Subrecipient's Unique Entity Identifier
NRZERN44MPC6
g.
Subaward project description
Community Prevention and Wellness Initiative
services
10.
Primary place of performance
98837-1874
11.
Subaward period of performance
September 30, 2022 — June 30, 2023
12
Amount of federal funds obligated by this
$43,200.00
action
13.
Total amount of federal funds obligated by
$178,834.00
HCA to the subrecipient, including this action
14.
Indirect cost rate for the federal award
8°
�0
(including if the de minimus rate is charged)
This Contract is subject to 2 CFR Chapter 1, Part 170 Reporting Sub -Award and Executive Compensation Information.
The authorized representative for the Subrecipient identified above must answer the questions below. If you have
questions or need assistance, please contact subrecipientmonitoring@hca.wa.gov.
1. Did the Subrecipient receive (1) 80% or more of its annual gross revenue from federal contracts, subcontracts,
grants, loans, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues
from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements?
[:1 YES P4NO
2. Does the public have access to information about the compensation of the executives in your business or
organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
❑ YES 04 NO
HCA Contract No. K3904-5 Page 6 of 21
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ATTACHMENT 10 — SOR III Special Terms and Conditions
The following terms apply to any awardee or subrecipient of the State Opioid Response III (SOR I 11) grant, and
Contractor agrees to comply as follows.
1. SOR III grant funds must be used to fund prevention services and evidence -based practices that are
appropriate for the population(s) of focus.
2. SOR III funds shall not be utilized for services that can be supported through other accessible sources of
funding such as other federal discretionary and formula grant funds, ((e.g., HHS, CDC, CMS, HRSA, and
SAIVIHSA), DOJ (OJP/BJA)), and non-federal funds, third party insurance, and sliding scale self -pay
among others.
3. Recipients are expected to report program -level data. Grantees are also required to comply with all
additional data collection requirements of the grant. Grantees shall fully participate in any SAIVIHSA-
sponsored evaluation of the SOR grant program. The submission of these data in the form required by
SAIVIHSA is a requirement of funding. Noncompliance with this requirement may result in restricted
access to funding for this year or limited or no access to funding in the future grant year
HCA Contract No. K3904-5 Page 7 of 21
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ATTACHMENT 11 - Substance Abuse and Mental Health Services Administration (SAMHSA) Award Terms
Federal Fiscal Year 2022—Award Standard Terms
NOTICE TO THE SUBRECIPIENT: This contract is funded through the federal grant identified above, and HCA intends the
contract between Subrecipient and HCA to conform with the applicable provisions of the grant (below). HCA is bound by
these terms and requires Subrecipient comply with the applicable clauses and provisions set forth herein. Under no
circumstances shall this Contract create a contractual relationship between SAMHSA and the Subrecipient.
HCA Contract No. K3904-5 Page 8 of 21
1 Acceptance of
By drawing or otherwise obtaining funds from the Health and Human Services (HHS)
the Terms of an
Payment Management System, the recipient acknowledges acceptance of the terms and
Award
conditions of the award and is obligated to perform in accordance with the requirements of
the award. If the recipient cannot accept the terms, the recipient should notify the Grants
Management Officer (GMO) within thirty (30) days of receipt of this award notice. Once an
award is accepted by a recipient, the contents of the Notice of Award (NoA) are binding on
the recipient unless and until modified by a revised NoA signed by the GMO.
Certification Statement: By drawing down funds, the recipient certifies that proper financial
management controls and accounting systems, to include personnel policies and procedures,
have been established to adequately administer Federal awards and funds drawn down.
Recipients of Department of Health and Human Services' (DHHS) grants or cooperative
agreement awards must comply with all terms and condition of their awards, including: (a)
terms and conditions included in the HHS Grants Policy Statement in effect at the time of a
new, non- competing continuation, or renewal award, including the requirements of HHS
grants administration regulations; (b) requirements of the authorizing statutes and
implementing regulations for the program under which the award is funded; (c) applicable
requirements or limitations in appropriations acts; and (d) any requirements specific to the
particular award specified in program policy and guidance, the Notice of Funding
Opportunity (NOFO), or the Notice of Award (NoA).
2 Uniform
The NoA issued is subject to the administrative requirements, cost principles, and audit
Administrative
requirements that govern Federal monies associated with this award, as applicable, in the
Requirements,
Uniform Guidance — 2 Code of Federal Regulations (CFR)§§ 200 as codified by HHS at 45
Cost Principles,
CFR § 75.
and Audit
Requirements for
HHS Awards
3 Award
The eligibility and program requirements originally outlined in the NOFO must continue iob-e
Expectations
adhered to as the funded project is implemented. Recipients must comply with the
performance goals, milestones, outcomes, and performance data collection as reflected in
the NOFO and related policy and guidance. Additional terms and/or conditions may be
applied to this award if outstanding financial or programmatic compliance issues are
identified by Substance Abuse and Mental Health Services Administration (SAMHSA).
Flow down of
The recipient, as the awardee organization, is legally and financially responsible for all
requirements to
aspects of this award including funds provided to sub -recipients, in accordance with 45 CFR
sub -recipients
§ 75.351 — 75.352, Sub -recipient monitoring and management.
5 Future Funding
As indicated in the NoA, recommended future support reflects total costs (direct plus indirect).
Funding is subject to the availability of Federal funds and satisfactory progress of the project.
6 Non -Supplant
Federal award funds must supplement, not replace (supplant) nonfederal funds. All
recipients who receive awards under programs that prohibit supplanting by law must ensure
HCA Contract No. K3904-5 Page 8 of 21
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that federal funds do not supplant funds that have been budgeted for the same purpose
through non-federal sources. Applicants or award recipients may be required to
demonstrate and document that a reduction in non-federal resources occurred for reasons
other than the receipt of expected
receipt of federal funds.
Unallowable All costs incurred prior to the award issue date and costs not consistent with the funding
Costs opportunity, 45 CFR 75, and the HHS Grants Policy Statement, are not allowable under
this award.
Conflicts of Consistent with 45 CFR � 75.112, recipients must establish written policies and procedures
Interest Policy to prevent employees, consultants, and others (including family, business, or other ties)
involved in grant -supported activities, from involvement in actual or perceived conflicts of
interest.
The policies and procedures must:
A. address conditions under which outside activities, relationships, or financial interest are
proper or improper;
B. provide for advance disclosure of outside activities, relationships, or financial interest to
a responsible organizational official;
C. include a process for notification and review by the responsible official of potential or
actual violations of the standards; and
D. specify the nature of penalties that may be imposed for violations.
Administrative Public policy requirements are requirements with a broader national purpose than that of
and National the Federal sponsoring program or award that an applicant/recipient must adhere to as a
Policy prerequisite to and/or condition of an award. Public policy requirements are established
Requirements by statute, regulation, or Executive order. In some cases they relate to general activities,
such as preservation of the environment, while, in other cases they are integral to the
purposes of the award -supported activities. An application funded with the release of
federal funds through a grant award does not constitute or imply compliance with federal
statute and regulations.
Funded organizations are responsible for ensuring that their activities comply with all
applicable
federal regulations.
Carryover - Federal administrative requirements allow agencies to provide recipients with expanded
Expanded authorities, which waive certain cost -related and administrative prior approvals under
Authority for certain conditions.
Unobligated
Balances from Per 45 CFR§ 75.308 d3), SAMHSA has extended expanded authority to recipients requesting
One Budget carryover of unobligated balances (UOB) up to 25% or less of the current budget period (year
Period to Any when the funds are needed) provided that recipients are not on drawdown restriction.
Subsequent
Budget Period Recipients requesting a carryover greater than 25% of the current budget period award
cannot exercise this expanded authority.
Recipients who exercise expanded authority MUST include an Intent to Carryover
statement in the Remarks section (box 12) of the annual Federal Financial Report (FFR).
Expanded authority may be overridden by other special terms or conditions of the award.
Recipients must carefully review the Notice of Award to determine if a particular authority is
withheld for a specific award.
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Recipients must exercise proper stewardship over Federal funds and ensure that costs
charged to awards are allowable, allocable, reasonable, necessary, and consistently
applied regardless of the source of funds.
Additional Guidance: https://www.samhsa.gov/grants/grants-management/iDost-award-
am endm ents#carryover
11 Marijuana
SAMHSA grant funds may not be used to purchase, prescribe, or provide marijuana or
Restriction
treatment using marijuana. See, e.g., 45 CFR § 75.300(a) (requiring HHS to ensure that
Federal funding is expended in full accordance with U.S. statutory and public policy
requirements); 21 U.S.C. 812(c)(10) and 841 (prohibiting the possession, manufacture, sale,
purchase or distribution of marijuana).
12 Prior Approval
SAMHSA anticipates that the recipient may need to modify the recipient's award budget or
other aspects of its approved application during performance to accomplish the award's
programmatic objectives. In general, recipients are allowed a certain degree of latitude to
re- budget within and between budget categories to meet unanticipated needs and to make
other types of post -award changes, provided that the changes still meet the statutory
program requirements and the regulatory requirements under 45 CFR § 75, as applicable.
Items that require prior approval (i.e. formal written approval) from the GMO, as indicated in
either 45 CFR 75 or the HHS Grants Policy Statement, must be submitted in writing to the
GMO. Based on the nature, extent, and timing of the request, the SAMHSA GMO may
approve, deny, or request additional material to further document and evaluate your
request.
Only an amended NoA signed by the GMO is considered valid. Verbal authorization is not
approval and is not binding on SAMHSA. Recipients who proceed do so at their own risk.
Prior approval is required for but is not limited to: Changes in Key Personnel and Level of
Effort, Budget Revisions, Changes in Scope, Carryover Requests (that fall outside the term
for the Expanded Authority for Carryover), and No Cost Extensions. A summary of activities
that require prior approval is listed in the HHS Grants Policy Statement under Exhibit 5,
Page II -49.
SAMHSA instructions regarding requests for prior approval are available
at: https://www.samhsa.qov/grants/grants-management/post-award-
amendments
13 Executive Pay
The Consolidated Appropriations Act, 2022 (Public Law 117-103), signed into law on
March 15, 2022, restricts the amount of direct salary to Executive Level II of the Federal
Executive Pay scale. Effective January 2, 2022, the salary limitation for Executive Level II
is
$203,700.
For awards issued prior to this change, if adequate funds are available in active awards, and if
the salary cap increase is consistent with the institutional base salary, recipients may re -budget
to accommodate the current Executive Level II salary level. However, no additional funds will
be provided to these grant awards.
14 Promotional
SAMHSA grant funds may not be used for Promotional Items. Promotional items
Items
include but are not limited to clothing and commemorative items such as pens,
mugs/cups, folders/folios, lanyards, and conference bags.
HCA Contract No. K3904-5 Page 10 of 21
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HHS Policy on the Use of Appropriated Funds for Promotional Items:
https://www.hhs.gov/grants/contracts/contract-policies-regulations/spending-
on-
promotional-items/index.htmI
5 Universal This award is subject to requirements as set forth in 2 CFR § 25 — Universal Identifier
Identifier and and System of Award Management (SAM) Requirements.
SAM
Requirements A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR § 25.110, you, as the
recipient, must maintain the currency of your information in the SAM, until you submit
the final financial report required under this award or receive the final payment,
whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your
information or another award term.
B. Requirement for unique entity identifier if you are authorized (reference project
description) to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of
this award term) may receive a subaward from you, unless the entity has provided its
unique entity identifier to you; and
2. May not make a subaward to an entity, unless the entity has provided its unique
entity identifier to you.
C. Definitions. For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an
entity must provide information required for the conduct of business as a recipient.
Additional information on SAM registration procedures may be found at:
https://www.sam.gov.
2. Unique entity identifier means the identifier required for SAM registration to uniquely
identify business entities.
3. Entity, as it is used in this award term, means all of the following, as
defined at 2 CFR § 25, subpart D:
a. A governmental organization, which is a state, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a
non -Federal entity.
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4. Subaward:
a. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award
and that you as the recipient award to an eligible subrecipient;
b. The term does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see 2 CFR § 200.1 and
2 CFR § 200.331).
c. Asubaward may be provided through any legal agreement, including an
agreement that you consider a contract.
5. Subrecipient means an entity that:
a. receives a subaward from you under this award; and
b. is accountable to you for the use of the Federal funds provided by the subaward.
6 Federal Reporting Subawards and Executive Compensation, 2 CFR, Appendix A to Part 170
Financial
Accountability A. Reporting of first-tier subawards.
and
Transparency 1. Applicability. Unless you are exempt as provided in paragraph d. of this
Act (FFATA) award term, you must report each action that obligates $25,000 or more in
Federal funds that does not include Recovery funds (as defined in section
1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub.
L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this
award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph A. 1.
of this award term to http://www.fsrs.gov.
b. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if
the obligation was made on November 7, 2010, the obligation must be
reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating
action that the submission instructions posted at http://www.fsrs.gov
specify.
B. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for
each of your five most highly compensated executives for the preceding
completed fiscal year, if
a. the total Federal funding authorized to date under this award is
$25,000 or more;
b. in the preceding fiscal year, you received
I. 80 percent or more of your annual gross revenues from
Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as
defined at 2 CFR §170.320 (and subawards); and
II. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as
defined at.2 CFR 170.320 (and subawards); and
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c. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))
or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
https://www.sec.gov/fast-answers/answers- execomphtm.html
2. Where and when to report. You must report executive total
compensation described in paragraph B. 1. of this award term:
a. As part of your registration profile at https://www.sam.gov
b. By the end of the month following the month in which this award is
made, and annually thereafter.
3. Applicability and what to report. You must report total compensation for
each of your five most highly compensated executives for the preceding
completed fiscal year, if
a. the total Federal funding authorized to date under this award is
$25,000 or more;
b. in the preceding fiscal year, you received
i. 80 percent or more of your annual gross revenues from
Federal procurement contracts (and subcontracts) and
Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as
defined at 2 CFR §170.320 (and subawards); and
iii. The public does not have access to information about the
compensation of the executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public
has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings
at https://www.sec.gov/fast-answers/answers-
execomphtm.html
4. Where and when to report. You must report executive total
compensation described in paragraph B. 1. of this award term:
a. As part of your registration profile at https://www.sam.gov
By the end of the month following the month in which this award is made, and
annually thereafter.
7 FAPIIS — A. Reporting of Matters Related to Recipient Integrity and Performance
Recipient
Integrity and 1. General Reporting Requirement
Performance If the total value of your currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you as
the recipient during that period of time must maintain the currency of information
reported to the System for Award Management (SAM) that is made available in the
designated integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS) about civil, criminal, or
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administrative proceedings described in paragraph 2 of this award term and condition.
This is a statutory requirement under section 872 of Public Law 110-417, as amended
(41 U.S.G. 2313). As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and performance system on or after April 15, 2011,
except past performance reviews required for Federal procurement contracts, will be
publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the Federal Government;
a. Reached its final disposition during the most recent five-year period; and
b. If one of the following:
I. A criminal proceeding that resulted in a conviction, as defined in
paragraph 5 of this award term and condition;
II. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
Ill. An administrative proceeding, as defined in paragraph 5 of this
award term a n d
condition, that resulted in a finding of fault and liability and your payment of either a
monetary fine or penalty of $5,000 or more or reimbursement, restitution, or
damages in excess of $100,000; or
IV. Any other criminal, civil, or administrative proceeding if:
A. It could have led to an outcome described in paragraph 2.c.(1), (2), or
(3) of this award term and condition;
B. It had a different disposition arrived at by consent or compromise with an
acknowledgement of fault on your part; and
C. The requirement in this award term and condition to disclose
information about the proceeding does not conflict with applicable laws and
regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph 2 of this award term and condition. You do not
need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to this requirement in paragraph 1 of
this award term and condition, you must report proceedings information through SAM
for the most recent five-year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new
information to report. Recipients that have Federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must
disclose semiannually any information about the criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non judicial process that is
adjudicatory in nature in order to make a determination of fault or liability
(e.g., Securities and Exchange Commission Administrative proceedings,
Civilian Board of Contract Appeals proceedings, and Armed Services
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Board of Contract Appeals proceedings). This includes proceedings at
the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a
judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and
procurement contracts includes
I. Only the Federal share of the funding under any Federal award with
a recipient cost share or match; and
II. The value of all expected funding increments under a Federal award
and options, even if not yet exercised
18 Acknowledge-
For each publication that results from HHS grant -supported activities, recipients must include
went of Federal
an acknowledgment of grant support using one of the following statements:
Funding in
communications
"This publication was made possible by Grant Number from EYI
and contracting.
"The project described was supported by Grant Number from XPI
Recipients also must include a disclaimer stating the following:
"Its contents are solely the responsibility of the authors and do not necessarily
represent the official views of the [SAMHSA]."
If the recipient plans to issue a press release concerning the outcome of HHS grant -
supported activities, it should notify SAMHSA in advance to allow for coordination. One
copy of each publication resulting from work performed under an HHS grant -supported
project must accompany the annual or final progress report submitted to SAMHSA.
19 Acknowledge-
A conference is defined as a meeting, retreat, seminar, symposium, workshop or event
ment of Federal
whose primary purpose is the dissemination of technical information beyond the non -
Funding at
Federal entity and is necessary and reasonable for successful performance under the
Conferences and
Federal award. Allowable conference costs paid by the non -Federal entity as a sponsor or
Meetings
host of the conference may include rental of facilities, speakers' fees, costs of meals and
refreshments, local transportation, and other items incidental to such conferences unless
further restricted by the terms and conditions of the Federal award. As needed, the costs of
identifying, but not providing, locally available dependent -care resources are allowable.
Conference hosts/sponsors must exercise discretion and judgment in ensuring that
conference costs are appropriate, necessary and managed in a manner that minimizes
costs to the Federal award. The HHS awarding agency may authorize exceptions where
appropriate for programs including Indian tribes, children, and the elderly. See also 45 CFR
75.4383 75.456, 75.474, and 75.475.
Disclaimer for Conference/Meeting/Seminar Materials: If a conference/meeting/seminar
is funded by a grant, cooperative agreement, sub -grant and/or a contract, the recipient
must include the following statement on conference materials, including promotional
materials, agenda, and internet sites:
"Funding for this conference was made possible (in part) by SAMHSA. The views
expressed in written conference materials or publications and by speakers and moderators
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r
r ® r
do not necessarily reflect the official policies of the Department of Health and Human
Services, nor does the mention of trade names, commercial practices, or organizations
imply endorsement by the U.S.
Government."
0 Rights in Data andAs applicable, recipients agree to the requirements for intellectual property, rights in data,
Publications
access to research data, publications, and sharing research tools, and intangible property
and copyrights as described in 45 CFR § 75.322 and the HHS Grants Policy Statement.
Recipients may copyright any work that is subject to copyright and was developed, or for
which ownership was acquired, under a Federal award. SAMHSA reserves a royalty -free,
nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
1 Mandatory
Consistent with 45 CFR§ 75.113, applicants and recipients must disclose in a timely manner,
Disclosures
in writing to the HHS Office of Inspector General (OIG), all information related to violations, or
suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations
potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in
writing to the prime recipient (pass through entity) and the HHS OIG, all information related to
violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Disclosures must be sent in writing to the
awarding agency and to the HHS OIG at the following addresses:
U.S. Department of Health and Human Services
Office of Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330
Independence Avenue, SW, Cohen Building, Room 5527, Washington, DC 20201
Fax: (202) 205-0604 (Include "Mandatory Grant Disclosures" in subject line) or email:
MandatoryGranteeDisclosures(cb-oig.hhs.gov
Failure to make required disclosures can result in any of the remedies described in 45 CFR
75.371 — Remedies for noncompliance, including suspension or debarment (see 2 CFR
180 & 376 and 31 U.S.C. 3321).
2 Lobbying
Per 45 CFR §75.21_5, Recipients are subject to the restrictions on lobbying as set forth in 45
Restrictions
CFR
93.
U.S.C. > Title 18 > Part I > Chapter 93 > Section 1913, No part of the money appropriated by
any enactment of Congress shall, in the absence of express authorization by Congress, be
used directly or indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended or designed to influence
in any manner a Member of Congress, a jurisdiction, or an official of any government, to
favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or
appropriation, whether before or after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent
officers or employees of the United States or of its departments or agencies from
communicating to any such Member or official, at his/her request, or to Congress or such
official, through the proper official channels, requests for any legislation, law, ratification,
policy, or appropriations which they deem necessary for the efficient conduct of the public
business, or from making any communication whose prohibition by this section might, in the
opinion of the Attorney General, violate the Constitution or interfere with the conduct of
foreign policy, counter -intelligence, intelligence, or national security activities.
Violations of this section shall constitute as a violation of section 1352 a) of Title 31.
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Drug -Free The Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that all
Workplace organizations receiving grants from any Federal agency agree to maintain a drug-free
workplace. You as the recipient must comply with drug-free workplace requirements in
Subpart B (or Subpart C, if the recipient is an individual) of part 382, which adopts the
Governmentwide implementation (2 CFR
182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D; 41 U.S.C. 701-707). By signing the application, the AOR agrees that the recipient
will provide a drug-free workplace and will comply with the requirement to notify SAMHSA if
an employee is convicted of violating a criminal drug statute. Failure to comply with these
requirements may be cause for debarment. Government wide requirements for Drug -Free
Workplace for Financial Assistance are found in 2 CFR § 182; HHS implementing regulations
are
set forth in 2 CFR § 382.400.
Civil Right Laws You must administer your project in compliance with federal civil rights laws that prohibit
that prohibit discrimination on the basis of race, color, national origin, disability, age and, in some
discrimination circumstances, religion, conscience, and sex (including gender identity, sexual orientation,
and pregnancy). This includes taking reasonable steps to provide meaningful access to
persons with limited English proficiency and providing programs that are accessible to and
usable by persons with disabilities. The HHS Office for Civil Rights provides guidance on
complying with civil rights laws enforced by HHS. See https://www.hhs.gov/civil-rights/for-
providers/provider- obligations/index.htm I and https://www.hhs.gov/civil-rights/for-
individuals/nondiscrimination/index.html.
A. You must take reasonable steps to ensure that your project provides meaningful
access to persons with limited English proficiency. For guidance on meeting your
legal obligation to take reasonable steps to ensure meaningful access to your
programs or activities by limited English proficient individuals, see
https://www.hhs.gov/civil-rights/for-individuals/special- topics/limited-english-
proficiency/fact-sheet-quidance/index.html and https://www.lep.gov.
B. For information on your specific legal obligations for serving qualified
individuals with disabilities, including providing program access, reasonable
modifications, and taking appropriate steps to provide effective communication,
see http://www.hhs.gov/ocr/civiIrights/understanding/disability/index.htm1.
C. HHS funded health and education programs must be administered in an environment
free
of sexual harassment, see https://www.hhs.ciov/civil-rights/for-individuals/sex-
discrimination/index.html.
D. For guidance on administering your project in compliance with applicable federal
religious nondiscrimination laws and applicable federal conscience protection and
associated anti- discrimination laws, see https://www.hhs.gov/conscience/conscience-
protections/index.html and https://www.hhs.gov/conscience/religious-
freedom/index.htm1.
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"5Trafffri
cking
The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance
Victims
provided to a private entity, without penalty to the Federal government, if the recipient or
Protection Act of
subrecipient engages in certain activities related to trafficking in persons. SAMHSA may
2000 (22
unilaterally terminate this award, without penalty, if a private entity recipient, or a private
U.S.C. 7104(G)),
entity subrecipient, or their employees:
as amended, and
A. Engage in severe forms of trafficking in persons during the period of time that the
2 CFR $175
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.
The text of the full award term is available at 2 CFR § 175.15(b).
6 Confidentiality
The regulations (42 CF R2) are applicable to any information about alcohol and other drug
of Alcohol and
abuse patients obtained by a "program" (42 CFR § 2.11), if the program is federally assisted
Drug Abuse
in any manner (42 CFR § 2.12b). Accordingly, all project patient records are confidential and
Patient Records
may be disclosed and used only in accordance with 42 CFR § 2. The recipient is
responsible for assuring compliance with these regulations and principles, including
responsibility for assuring
the security and confidentiality of all electronically transmitted patient material.
7 Healthy People
Healthy People 2020 is a national initiative led by HHS that set priorities for all SAMHSA
2020
programs. The initiative has two major goals: (1) increase the quality and years of a healthy
life; and (2) eliminate our country's health disparities. The program consists of 28 focus
areas and 467 objectives. SAMHSA has actively participated in the work groups of all the
focus areas and is committed to the achievement of the Healthy People 2020 goals. Healthy
People 2010 and the conceptual framework for the forthcoming Healthy People 2020
process can be found online at:
http://www.healthvgeople.qov/
8 Accessibility
Recipients of Federal financial assistance (FFA) from HHS must administer their programs
Provisions
in compliance with Federal civil rights law. This means that recipients of HHS funds must
ensure equal access to their programs without regard to a person's race, color, national
origin, disability, age, and in some circumstances, sex and religion. This includes ensuring
your programs are accessible to persons with limited English proficiency.
The HHS Office for Civil Rights also provides guidance on complying with civil rights laws
enforced by HHS. Please see:
http://www.hhs.gov/ocr/civilrights/understanding/section 1557/index.html.
Recipients of FFA also have specific legal obligations for serving qualified individuals with
disabilities. Please see-
http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html. Please contact the
HHS Office for Civil Rights for more information about obligations and prohibitions under
Federal civil rights laws at https://www.hhs.gov/civil- rights/index.html or call 1-800-368-
1019 or TDD 1-800-537-7697.
Also note that it is an HHS Departmental goal to ensure access to quality, culturally
competent care, including long-term services and supports, for vulnerable populations. For
further guidance on providing culturally and linguistically appropriate services, recipients
should review the National Standards for Culturally and Linguistically Appropriate Services in
Health and Health
Care at https:Hminoritvhealth.hhs.gov/omh/browse.aspx?lvl=1 &Mid=6.
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------------
9 Data Collection
All SAMHSA recipients are required to collect and report evaluation data to ensure the
and Performance
effectiveness and efficiency of its programs under the Government Performance and Results
Measurement:
(GPRA) Modernization Act of 2010 (P.L. 102-62). Recipients must comply with the
performance goals, milestones, and expected outcomes as reflected in the NOFO and are
required to submit data via SAMHSA's data -entry and reporting system.
Please contact your Government Program Official for additional submission information.
0 Legislative
Certain statutory provisions under P.L. 115-245, Department of Defense and Labor, Health
Mandates
and Human Services, and Education Appropriations Act, 2019, Division B, Title V, Title II,
General Provisions limit the use of funds on SAMHSA grants, cooperative agreements,
and contract awards. Such provisions are subject to change annually based on specific
appropriation language that restricts the use of grant funds. The full text of P.L. 115-245
is available at https://www.con rq ess gov/bill/115th-congress/house-bill/6157/text?
Format=txt.
1 Executive Order
This EO promotes efficient delivery of quality health care through the use of health
13410:
information technology, transparency regarding health care quality and price, and incentives
Promoting
to promote the widespread adoption of health information technology and quality of care.
Quality and
Accordingly, all recipients that electronically exchange patient level health information to
Efficient Health
external entities where national standards exist must:
Care in Federal
) Use recognized health information interoperability standards at the time of any HIT system
Government
update, acquisition, or implementation, in all relevant information technology systems
Administered or
supported, in whole or in part, through this agreement/contract. Please consult
Sponsored
www.healthit.gov for more information, and
Health Care
) Use Electronic Health Record systems (EHRs) that are certified by agencies authorized by
Programs
the Office of the National Coordinator for Health Information Technology (ONC), or that
will be certified during the life of the grant.
32 Audits
Non -Federal recipients that expend $750,000 or more in federal awards during the
recipient's fiscal year must have a single or program -specific audit conducted for that year in
accordance with the provisions of 45 CFR 75.501(a). Guidance on determining Federal
awards expended is provided in 45 CFR §75.502.
Recipients are responsible for submitting their Single Audit Reports and the Data
Collections Forms (SF -FAC) electronically to the to the Federal Audit Clearinghouse Visit
disclaimer page (FAC) within the earlier of 30 days after receipt or nine months after the
FY's end of the audit period. The FAC operates on behalf of the OMB.
For specific questions and information concerning the submission process:
Visit the Federal Audit Clearinghouse at https:Hharvester.census.gov/facweb
Call FAC at the toll-free number: (800) 253-0696
3 Ad Hoc
Throughout the project period, SAMHSA may determine that a grant requires submission of
Submissions
additional information beyond the standard deliverables. This information may include, but is
not limited to, the following:
A. Payroll
B. Purchase orders
C. Contract documentation
D. Proof of project implementation
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La..
4 Submitting Unless otherwise identified in the special terms and conditions of award and post award
Responses to requests, all responses to special terms and conditions of award and post award requests
Conditions and must be submitted through the eRA Commons system.
Reporting
Requirements
-------------
5 Risk The Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative
Assessment review of your organization's financial management systems, policies, procedures and
records. If the review discloses material weaknesses or other financial management
concerns, grant funding may be restricted in accordance with 45 CFR § 75/2 CFR § 200, as
applicable. The restriction will affect your organization's ability to withdraw funds from the
Payment Management System account, until the concerns are addressed.
6 90 -day In accordance with 45 CFR § 75.309 and § 75.381, recipients must liquidate all obligations
Reconciliation incurred under an award not later than ninety (90) days after the end of award's obligation
and Liquidation and expenditure period (i.e., the project period. After ninety (90) days, letter of credit
Period accounts are locked. SAMHSA does not approve extensions to the ninety (90) day post -
award reconciliation/liquidation period. Therefore, recipients are expected to complete all
work and reporting within the approved project period and the aforementioned 90 -day post -
award reconciliation/liquidation period. Recipients (late) withdrawal requests occurring after
the aforementioned periods will be denied.
7 Cancel Year: 31 U.S.C. 1552(x) Procedure for Appropriation Accounts Available for Definite Periods states
the following: On September 30th of the 5th fiscal year after the period of availability for
obligation of a fixed appropriation account ends, the account shall be closed and any
remaining balances (whether obligated or unobligated) in the account shall be canceled and
thereafter shall not be available for obligation or expenditure for any purpose.
8 Termination Termination (45 CFR § 75.372) applies to this award and states, in part, the following:
(a) This award may be terminated in whole or in part:
(1) By the HHS awarding agency (SAMHSA) or pass-through entity, if a non -Federal
entity fails to comply with the terms and conditions of a Federal award;
(2) By the HHS awarding agency (SAMHSA) or pass-through entity for cause;
(3) By the HHS awarding agency (SAMHSA) or pass-through entity with the consent
of the non -Federal entity, in which case the two parties must agree upon the
termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated;
(4) By the non -Federal entity upon sending to the HHS awarding agency or pass-
through entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be
terminated. However, if the Federal awarding agency or pass-through entity
determines in the case of partial termination that the reduced or modified portion
of the Federal award or subaward will not accomplish the purposes for which the
Federal award was made, the HHS awarding agency or pass-through entity may
terminate the Federal award in its entirety.
39 Prohibition on As described in 2 CFR § 200.216, recipients and subrecipients are prohibited to obligate or
certain tele- spend grant funds (to include direct and indirect expenditures as well as cost share and
communications program) to:
and video A. Procure or obtain;
surveillance B. Extend or renew a contract to procure or obtain; or
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services or C. Enter into contract (or extend or renew contract) to procure or obtain equipment,
equipment services, or systems that use covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part
of any system. As described in Pub. L. 115- 232, section 889, covered
telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of
such entities).
1. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
2. Telecommunications or video surveillance services provided by such entities or
using such equipment.
3. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise, connected to the
government of a covered foreign country.
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