ML23158A093

Standard Terms and Conditions for U.S. Nongovernmental Recipients

ML23158A093
Person / Time
Issue date:	08/28/2023
From:	NRC/OCIO
To:
References
Download: ML23158A093 (22)

Text

The Nuclear Regulatory Commissions Standard Terms and Conditions for U.S. Nongovernmental Recipien ts

Preface

This award is based on the application submitted to, and as app roved by, the Nuclear Regulatory Commission (NRC) under the authorization 42 U.S.C. § 2051(b), pursuant to section 31b and 141b of the Atomic Energy Act of 1954, as amended, and is subject to th e terms and conditions incorporated either directly or by reference in the grant or cooperative agr eement. The following also apply:

• Restrictions on the expenditure of Federal funds in appropriat ion acts, to the extent those restrictions are pertinent to the award.

• Code of Federal Regulations/Regulatory Requirements - 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Feder al Awards.

Pursuant to the Federal Grant and Cooperative Agreement Act of 1977, as amended, the NRC distinguishes its financial assistance relationships from procu rements. For additional information, see the agencys Management Directive 11.6, Financial Assistance Program.

Any inconsistency or conflict in terms and conditions specified in the award will be resolved according to the following order of precedence: public laws, regulations, applicable notices published in the Federal Register, Executive Orders (E.O.), Office of Management and Budget (OMB) Circulars, the NRCs Mandatory Standard Provisions, special award conditions, and standard award conditions.

Certifications and Representations: These terms incorporate the certifications and representations required by statute, executive order, or regulation that were s ubmitted in System for Award Management (SAM), the central repository for government-wide certification s and representations required of Federal grants recipients.

I. Mandatory General Requirements

The order of these requirements does not make one requirement m ore important than any other requirement.

1. Applicability of 2 CFR Part 200

All provisions of 2 CFR Part 200 and all Standard Provisions at tached to this grant/cooperative agreement are applicable to the Recipient and to sub-recipients which mee t the definition of Recipient in 2 Part

§200.86, unless a section specifically excludes a sub-recipient from c overage. The recipient and any sub-recipients must, in addition to the assurances made as part of the application, comply and require each of its sub-awardees employed in the completion of the project to comply with Subpart D of 2 CFR Part 200 and include this term in lower-tier (sub-award) covered transac tions.

Recipients must comply with monitoring procedures and audit req uirements in accordance with 2 CFR Part 200, Subpart FAUDIT REQUIREMENTS.

2. Award Package

The recipient is obligated to conduct project oversight as may be appropriate, to manage the funds with prudence, and to comply with the provisions outlined in 2 CFR Part 200. Within this framework, the Principal Investigator (PI) named on the award face page, is re sponsible for the scientific or technical direction of the project and for preparation of the project per formance reports. This award is funded on a cost-reimbursement basis, not to exceed the amount awarded as i ndicated on the face page and is subject to a refund of unexpended grant funds to the NRC.

The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements related to its grant award. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any financial or fiduciary responsibilities or obligations arising under its gra nt, including sub-contracts and sub-awards, or any other contractual or financial obligation. The Federal awar ding agency will not substitute its judgment for that of the non-Federal entity unless the matter i s primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority having proper jurisdiction. See 2 CFR § 200.318(k), General Procurement Standards.

Registration in FedConnect

The Nuclear Regulatory Commission (NRC) uses Unison Globals se cure and auditable two-way web portal, FedConnect, to communicate with vendors and contractor s. FedConnect provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do bu siness with the NRC, vendors and contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect must have authority to bi nd the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is pr ovided by Unison Global Software Systems, not the NRC. FedConnect contact and assistance inform ation is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect.

System for Award Management

All recipient organizations must register in the System for Awa rd Management (SAM) and maintain the registration with current information at all times during which such organizations have an application under consideration for funding by NRC and, if an award is made, unti l a final financial report is submitted or the final payment is received, whichev er is later. SAM is the primary registrant database for the Federal government and is the repository into which an entity must prov ide information required for the conduct of business as a recipient. SAM is the central repository for comm on government-wide certifications and representations required of NRC applicants and recipients. Addi tional information about registration procedures may be found at the SAM internet site at https://www.sam.gov/SAM/.

Subawards

Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Fede ral Awards

Sub-recipients, sub-awardees, and contractors have no relations hip with NRC under the terms of this grant/cooperative agreement. All required NRC approvals must be directed through the Recipient to NRC. See 2 CFR § 200.318.

Nondiscrimination

This provision is applicable when work under the grant/cooperat ive agreement is performed in the U.S. or when employees are recruited in the U.S.

The recipient agrees to comply with the non-discrimination requ irements below:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d e t seq.), which prohibits discrimination on the grounds of race, color, or national origi n in any program or activity receiving federal financial assistance.

• Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 168 1 et seq.), which prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.

• Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program or act ivity receiving federal financial assistance.

• The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6 101 et seq.), which prohibits discrimination on the basis of age in any program receiving fed eral financial assistance.

• The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 1210 1 et seq.), which prohibits recipients from discriminating on the basis of disability in em ployment (Title I); State and local government services (Title II); and places of public accommodat ion and commercial facilities (Title III).

• Parts II and III of E.O. 11246, as amended by E.O.11375, 11478, 12086, 12107, 13279, 13665, and 13672, which prohibits federal contractors and federally as sisted construction contractors and subcontractors, who do over $10,000 in Government business in one year, from discriminating in employment decisions on the basis of race, co lor, religion, sex, or national origin and requires that government contractors take affirmativ e action to ensure that equal opportunity is provided in all aspects of their employment.

• E.O.13166, Improving Access to Services for Persons with Limi ted English Proficiency, which clarifies that national origin discrimination under Title VI in cludes discrimination on the basis of limited English proficiency (LEP) and requires that the recipie nt take reasonable steps to ensure that LEP persons have meaningful access to programs and activit ies.

• Any other applicable non-discrimination law(s).

Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq, provides that it shall be an unlawful employment practice for an employer to discharge an y individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individuals race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibi tion against discrimination on the basis of religion, a religious corporation, association, educat ional institution, or society with respect to the employment of individuals of a particular religion to perfo rm work connected with the carrying on by such corporation, association, educational institution, or s ociety of its activities.

Applicants must ensure that individuals selected as beneficiari es of support under this grant meet the legal requirements consistent with Supreme Court Decisions incl uding Fisher, Gratz, and Grutter.

Compliance With U.S. Immigration Laws And Regulations

Grant recipients are responsible to ensure that their foreign p ersonnel (including PIs or Co-PIs) are not in violation of United States immigration laws and regulati ons, including employment authorization documents and visa requirements. Each recipient of funds under this award must be lawfully admitted for permanent residence for the duration of the grant period, as evidenced by Permanent Resident Form I-551 (Green Card) or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services tha t employment will not affect his/her immigration status. The U.S. Citizenship and Immigration Servi ces provides information to grant recipients to help them understand the employment eligibility v erification process for non-US citizens.

This information can be found on their website, http://www.uscis.gov/portal/site/uscis.

Modifications/Prior Approval

Prior written approval is required before a recipient may make budget and program modifications or undertakes particular activities. If NRC approval is required f or changes in the grant, it must be requested and obtained from the NRC Grants Officer in advance o f the change or obligation of funds.

All requests for NRC prior approval, including requests for ext ensions to the period of performance extension, must be made, in writing (which includes submission by e-mail), to the designated Grants Officer at least 60 business days before the proposed change. The request must be signed by the authorized organizational official. Failure to obtain prior app roval, when required, from the NRC Grants Officer, may result in the disallowance of costs, or oth er enforcement action within NRC's authority.

No-Cost Extensions

No-Cost Extension requests that are not received 60 business days prior to the grant expiration date will result in requests being disapproved by the NRC Program Ma nager and Grants Officer. Recipient should allow a minimum of 4 weeks for processing No-Cost Extens ions. Requests must explain the reason(s) for delay in completion of the project as well as how the remaining funds will be spent during the new requested period of performance. One No-Cost Ext ension request may be granted for up to one year pending review and approval. No more than one N o-Cost-Extension will be allowed per grant. PIs with an active grant with a No-Cost Extension wi ll not receive a new grant in the same grant type until the existing grant expires.

No Cost Extensions will not be allowed for the distinguished fa culty advancement program.

Lobbying Restrictions

The Recipient will comply, as applicable, with provisions of th e Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limits the political activities of employees w hose principal employment activities are funded in whole or in part with Federal funds.

The recipient will comply with provisions of 31 U.S.C § 1352. T his provision generally prohibits the use of Federal funds for lobbying in the Executive or Legislati ve Branches of the Federal Government in connection with the award and requires disclosure of the use of non-Federal funds for lobbying.

The recipient shall submit, at the time of application, a compl eted Certification Regarding Lobbying form, regardless of dollar value.

If applicable, the recipient receiving in excess of $100,000.00 in Federal funding shall submit a completed Standard Form (SF-LLL), Disclosure of Lobbying Activ ities for any persons engaged in lobbying activities, as discussed at 31 U.S. Code § 1352 - Limi tation on use of appropriated funds to influence certain Federal contracting and financial transaction s. The form concerns the use of non-Federal funds for lobbying within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially af fects the accuracy of the information contained in any disclosure form previously filed. If the Recip ient must submit the SF-LLL, including those received from sub-recipients, contractors, and subcontrac tors, to the Grants Officer.

Debarment And Suspension - (See 2 CFR Part 180; 2 CFR § 200.206; 2 CFR 200.114 and 2 CFR Part 200, Appendix II.)

The Recipient agrees to notify the Grants Officer immediately u pon learning that it or any of its principals:

(1) Are presently excluded or disqualified from covered transac tions by any Federal department or agency;

(2) Have been convicted, within the preceding three-year period preceding this proposal, of or had a civil judgment rendered against them for commission of fr aud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation o f Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsifi cation or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; commission of any other offense indicat ing a lack of business integrity or business honesty that seriously and directly affects the recipi ents present responsibility;

(3) Are presently indicted for or otherwise criminally or civil ly charged by a governmental entity (Federal, State, or local) with commission of any of the offens es enumerated in paragraph (1)(b);

or

(4) Have had one or more public transactions (Federal, State, o r local) terminated for cause or default within the preceding three years.

(5) The recipient agrees that, unless authorized by the Grants Officer, it will not knowingly enter into any subaward or contracts under this grant/cooperative agr eement with a person or entity that is not included on the System for Award Management (SAM) ( https://www.sam.gov).

The recipient further agrees to include the following provision in any subaward or contracts entered into under this award:

Debarment, Suspension, Ineligibility, and Voluntary Exclusion

The recipient certifies that neither it nor its principals is p resently excluded or disqualified from participation in this transaction by any Federal department or agency. The policies and procedures applicable to debarment, suspension, and ineligibility under NR C-financed transactions are set forth 2 CFR Part 180 and 2 CFR Part 200.

Drug-Free Workplace

The recipient must be in compliance with The Federal Drug Free Workplace Act of 1988. The policies and procedures applicable to violations of these requirements a re set forth in 41 U.S.C. §§ 8101-8106.

Implementation of E.O.13224 - Executive Order on Terrorist Fina ncing

The recipient is reminded that U.S. Executive Orders and U.S. l aw prohibits transactions with, and the provision of resources and support to, individuals and organiza tions associated with terrorism. It is the legal responsibility of the recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all contracts/sub-awards issued u nder this grant/cooperative agreement.

The recipient must comply with E.O. 13224, Blocking Property an d Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism. I nformation about this Executive Order can be found at:

Implementation of Executive Order 13224 Blocking Property and P rohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism amended by E.O. 13268, 13284, and 13372.

Procurement Standards - 2 CFR §§ 200.318-200.326

Sections 200.318 - 200.326 set forth standards for use by recip ients in establishing procedures for the procurement of supplies and other expendable property, equipmen t, real property and other services with Federal funds. These standards are furnished to ensure tha t such materials and services are obtained in an effective manner and in compliance with the prov isions of applicable Federal statutes and executive orders. No additional procurement standards or re quirements will be imposed by the Federal awarding agencies upon recipients, unless specifically required by Federal statute, executive order, or approved by OMB.

Travel and Transportation

Travel must be in accordance with the Recipients Travel Regula tions or the U.S. Government Travel Policy and Regulations at: http://www.gsa.gov/portal/category/21222 and the per diem rates set forth at: http://www.gsa.gov/portal/content/104877, absent Recipients travel regulations. Travel and transportation costs for the grant must be consistent with prov isions as established in 2 CFR § 200.474-475.

All travel, domestic or international, must not increase the ap proved travel budget and the total estimated award amount of the grant.

Any foreign travel using the grant funds must be approved by th e NRC.

The recipient will comply with the provisions of the Fly Americ a Act (49 U.S.C 40118), as implemented at 41 CFR §§ 301-10.131 through 301-10.143.

Federal funds may not be used to travel to countries identified under the US Department of States, Directorate of Defense Trade Controls, Country Policies and Emb argoes, http://www.pmddtc.state.gov/embargoed_countries/index.html.

Property Standards

Property standards of this award shall follow provisions as est ablished 2 CFR §§ 200.310- 200.316.

Intangible Property

Intangible and intellectual property of this award shall genera lly follow provisions established in 2 CFR

§ 200.315.

Inventions Report

The Bayh-Dole Act (P.L.96-517) affords recipients the right to elect and retain title to inventions they develop with funding under an NRC grant award (subject in ventions). In accepting an award, the recipient agrees to comply with applicable NRC polic ies, the Bayh-Dole Act, and its Government-wide implementing regulations found at Title 37, Cod e of Federal Regulations (CFR)

Part 401. A significant part of the regulations require that th e Recipient report all subject inventions to the awarding agency (NRC) as well as include an a cknowledgement of federal support in any patents.

Patent Notification Procedures

If the NRC or its recipients, without making a patent search, k nows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner, E.O.12889 requir es NRC to notify the owner. If the Recipient uses or has used patented technology under this award without license or permission from the owner, the recipient must notify the Grants Officer. T his notice does not imply that the Government authorizes and consents to any copyright or patent i nfringement occurring under the financial assistance.

Data, Databases, and Software

The rights to any work produced or purchased under an NRC Federal financial assistance award, such as data, databases or software are determined by Subpart D of 2 CFR Part 200. The recipient owns any work produced or purchased under an NRC Fede ral financial assistance award subject to the NRCs right to obtain, reproduce, publish or otherwise use the work or authorize others to receive, reproduce, publish or otherwise us e the data for Government purposes.

Copyright

The Recipient may copyright any work produced under a NRC feder al financial assistance award subject to NRCs royalty-free nonexclusive and irrevocable righ t to reproduce, publish or otherwise use the work or authorize others to do so for Governm ent purposes. Works jointly authored by NRC and recipient employees may be copyrighted, but only the part authored by the recipient is protected because, under 17 U.S.C. § 105, works produced by Government employees are not copyrightable in the United States. On occasi on, NRC may ask the Recipient to transfer to NRC its copyright in a particular work when NRC is undertaking the primary dissemination of the work. Ownership of copyright by the Govern ment through assignment is permitted under 17 U.S.C. § 105.

Record Retention and Access

Recipient shall follow established provisions in 2 CFR §§ 200.334-338.

Conflict of Interest

Conflict of Interest standards for this award will follow the O rganizational Conflict of Interest (OCOI) requirements set forth in Section 170A of the Atomic Energy Act of 1954, as amended, and provisions set forth at 2 CFR § 200.112, Conflict of Interest.

Dispute Review Procedures

a. Any request for review of a notice of termination or other a dverse decision should be addressed to the Grants Officer. It must be postmarked or transmitted electr onically no later than 30 days after the postmarked date of such termination or adverse decision from th e Grants Officer.

b. The request for review must contain a full statement of the Recipients position and the pertinent facts and reasons in support of such position.

c. The Grants Officer will promptly acknowledge receipt of the request for review and shall forward it to the Director, Acquisition Management Division, unless otherw ise delegated, who shall appoint an intra-agency Appeal Board to review a recipient appeal of an ag ency action, if required, which will consist of the program office director, the Deputy Director of Office of Administration, and the Office of General Counsel, or their designees.

d. Pending resolution of the request for review, the NRC may withhold or defer payments under the award during the review proceedings.

e. The review committee will request the Grants Officer who iss ued the notice of termination or adverse action to provide copies of all relevant background mat erials and documents. The committee may, at its discretion, invite representatives of the recipient and the NRC program office to discuss pertinent issues and to submit such additional information as i t deems appropriate. The chairman of the review committee will insure that all review activities or proceedings are adequately documented.

f. Based on its review, the committee will prepare its recommen dation to the Director, Office of Administration, who will advise the parties concerned of his/he r decision.

Remedies for Noncompliance

Termination of this award will follow provisions as established and described above in Dispute Review Process in 2 CFR §§ 200.339-343.

Performance and Financial Monitoring and Reporting - 2 CFR §§ 200.328-330

Recipient Financial Management systems must comply with the pro visions in 2 CFR § 200.302.

• Payment - 2 CFR § 200.305

• Cost Share or Matching - 2 CFR § 200.306 o Recipients are to be careful with providing excessive cost sha re or match since at the end of the grant, if the identified match has not been provided, th en a portion of the federal share may be required to be returned to the Government.

• Program Income - 2 CFR § 200.307 o Earned program income, if any, will be added to funds committe d to the project by the NRC and recipient and used to further eligible project or progr am objectives or be deducted from the total project cost for the grant, as directed by the Grants Officer or indicated in the terms and conditions of the award.

• Revision of Budget and Program Plans - 2 CFR § 200.308 o The recipient is required to report deviations from the approv ed budget and program descriptions in accordance with - 2 CFR § 200.308(b) and request prior written approval from the Project Officer and the Grants Officer.

o The recipient is not authorized to re-budget between direct co sts and indirect costs without written prior approval of the Grants Officer.

o Allowable Costs - 2 CFR §§ 200.403

• See section 2 CFR §§ 200.331-333 for Subrecipient Monitoring and Management.

FEDERAL FINANCIAL REPORT

Federal Financial Reports (SF-425) are semi-annually, for the p eriods ending March 31 and September 30, or any portion thereof, regardless of the award d ate. Reports are due within 30 calendar days following the end of the reporting period and mus t be submitted through FedConnect. The SF-425 form and instructions are available at Grants.gov.

Failure to submit financial reports will result in the suspensi on of the grant ASAP account, termination of the grant, and could be flagged for other awards or potential new grant recommendations with the NRC.

PERFORMANCE PROGRESS REPORTS

The performance (technical) reports indicated below are subject to 2 CFR §200.329.

Performance Progress Reports must include a concise summary des cribing a recipients technical research progress. Details on project status, outcomes and any changes that have occurred during the grant reporting period must be included.

• Scholarship and Fellowship Program Performance reports must be submitted annually, for the periods ending September 30, or any portion thereof, regardless of the award date. Reports are due within 30 days following the end of each reporting period and must be submitted through FedConnect. Attachment 3 (Education Performance Progress Report (PPR) Guidance) provides the required format and information when submitting.

Failure to submit financial reports will result in the suspensi on of the grant ASAP account, termination of the grant, and could be flagged for oth er awards or potential new grant recommendations with the NRC.

• Distinguished Faculty Advancement Performance reports must be submitted annually, for the periods ending September 30, or any portion thereof, regardless of the award date. Reports are due within 30 days following the end of each reporting period and must be submitted through FedConnect. Attachment 3 (Education Performance Progress Report (PPR) Guidance) provides the required format and information when submitting.

Failure to submit financial reports will result in the suspensi on of the grant ASAP account, termination of the grant, and could be flagged for oth er awards or potential new grant recommendations with the NRC.

• Trade School and Community College Scholarships Performance reports must be submitted semi-annually, for the pe riods ending March 31 and September 30, or any portion thereof, regardless of the award d ate. Reports are due within 30 days following the end of each reporting period and must be submitted through FedConnect. Attachment 3 (Education Performance Progress Report (PPR) Gui dance) provides the required format and information when submitting.

Failure to submit financial reports will result in the suspensi on of the grant ASAP account, termination of the grant, and could be flagged for oth er awards or potential new grant recommendations with the NRC.

FINAL REPORTS

A Final Performance Progress Report and Federal Financial Repor t (SF-425) are required within 90 days after the award has expired, been relinquished, or term inated; to include the submission of a final, Tangible Property Report, (SF-428 and SF428-B). The report should include final project outcomes or findings of research performed under grant. The final PPR (for Scholarship and Fellowship, awards) must include the names of all students with up to date contact information (mailing address, telephone/cell phone, email addre ss). All final reports must be submitted through FedConnect. Attachment 3 (Education Performance Progress Report (PPR)

Guidance) provides the required format and information when sub mitting final reports.

Period of Performance - 2 CFR § 200.309

The recipient may charge to the Federal award only allowable co sts incurred during the period of performance and any costs incurred before the NRC or pass-throu gh entity made the Federal award that was authorized by the NRC or pass through entity.

Unless otherwise authorized in 2 CFR Part 200 or by special award condition, any extension of the award period can only be authorized by the Grants Officer in wr iting. Assurances of funding from anyone other than the Grants Officer shall not constitute autho rity to obligate funds for programmatic activities beyond the expiration date.

The NRC Grant Officer may authorize a no cost extension of the period of performance. The recipient must submit a no cost extension request no less than 30 days pr ior to the award end date. Any request for a no cost extension after the grant has expired wil l not be approved. Any modification of the award to increase funding and/or to extend the period of pe rformance is at the sole discretion of the NRC.

Incremental Funding

Additional funding for this award is contingent upon the availa bility of appropriated funds, satisfactory performance, and the recipients capacity to manage the award a nd comply with award requirements.

The recipient agrees to perform work up to the amount obligated as specified in Attachment A of the grant award. NRC is not obligated to reimburse the recipient fo r expenditures in excess of the total funds obligated by NRC. The recipient is not authorized to cont inue performance beyond the amount obligated to this award. Any work performed by the grantee beyo nd the funding amount obligated in Section A will be at the grantees risk.

Automated Standard Application for Payments (ASAP) Procedures Unless otherwise stated, recipient payments are made using the Department of Treasurys Automated Standard Application for Payment (ASAP) system, ASAP.gov, through preauthorized electronic funds transfers. To receive payments, recipients are required to enro ll with the Department of Treasury, Financial Management Service, and Regional Financial Centers, w hich allows them to use the on-line method of withdrawing funds from their ASAP established account s. The following information is required to make ASAP withdrawals: (1) ASAP account number - th e award number found on the cover sheet of the award; (2) Agency Location Code (ALC) - 3100 0001; and Region Code. Recipients enrolled in the ASAP system do not need to submit a Request fo r Advance or Reimbursement (SF-270).

II. Audit Requirements Audits

Organization-wide or program-specific audits are performed in a ccordance with the Single Audit Act of 1996, as amended, and as implemented by 2 CFR Part 200, Subpart F AUDIT REQUIREMENTS.

Recipients are subject to the provisions of this subpart if the y expend $750,000 or more in a year in Federal awards. See 2 CFR 2 CFR § 200.501.

The Form SF-SAC and the Single Audit Reporting packages for fis cal periods ending on or after January 1, 2008 are submitted online, as follows:

1. Create the recipients online report ID at: https://facides.census.gov/Account/Login.aspx;

2. Complete the Form SF-SAC;

3. Upload the Single Audit;

4. Certify the Submission; and

5. Click Submit.

Organizations expending less than $750,000 a year are not requi red to have an annual audit for that year but must make their grant-related records available to NRC or other designated officials for review or audit.

III. Programmatic Requirements

The recipient is responsible for providing documentation to the NRC that tracks each students progress in achievement of the academic program for which Feder al funds were provided. This includes: (1) ensuring that the service agreement is signed by the student, institution coordinator and countersigned by the NRC Program Manager prior to providing support; (2) providing the NRC with student contact information upon student entry into the program, upon completion or withdrawal from the program, and upon request by the NRC; and (3) monitoring th e students fulfillment of the service agreement for the duration of the award. The institution shall immediately notify the NRC if a student is not fulfilling the academic program or the service agreement.

Students have up to 6 months after graduation to secure nuclear related employment. If a student does not obtain nuclear related employment in the 6-month timef rame, the student can request a waiver, or the NRC will seek repayment of funds.

Failure to complete service for any reason is a breach of the N RC Service Agreement. The NRC will work with students to assist them, to the extent possible, to a void a breach and fulfill the service obligation. A recipient should immediately contact the NRC if a situation arises in which a student is potentially unable to fulfill his/her service obligation. Indiv iduals who breach their NRC Service Agreement contract are subject to monetary damages as follows:

(1) Failure to complete degree program - Institutions that supp ort students who are dismissed from school for academic or disciplinary reasons or who voluntarily terminate the degree program before graduation from for which the support was awarded will b e in breach of the service agreement and will be liable to the NRC for repayment of all NR C funds received by the students.

(2) Students who for any reason fail to comply with the terms a nd conditions of deferring or postponing the service obligation for nuclear related employmen t or who for any reason fail to begin or complete their service obligation after completion of degree program, will be in breach of their service obligation contract and will be liable to the NRC for repayment for all NRC funds paid to them on their behalf.

At this time, the amount owed to the NRC is a valid debt of the Federal government subject to all laws and provisions governing the administration of the debt. In acc ordance with Federal regulations, if payment is not received by the NRC within 30 days from notifica tion of indebtedness, the debt becomes past due and will be subject to interest, penalties, an d administrative charges incurred by the Federal government to service the debt. After 120 days of b eing past due, the debt will be referred to the Department of the Treasury for collection.

An installment agreement may be requested by the debtor if a si ngle lump sum payment is not possible. An installment agreement can be up to 3 years in leng th and will include all applicable interest, penalties, and administrative charges incurred by the Federal government to service the debt. Failure by the debtor to meet the terms and conditions of the installment agreement will result in the debt being referred to the Department of the Treasury for c ollection and subject to the various collection actions administered by the Department of the Treasu ry.

The debtor may submit a request for an installment agreement to the NRC Office of the Chief Financial Officer at (301) 415-7554 or by email at Fees.Resource@nrc.gov. The request should include a justification to establish an installment agreement t o repay the debt.

If a waiver is submitted by a student, NRC may waive, in whole or in part, the service obligation, upon determining that compliance by the student is impractical. Waiv er requests must be submitted in writing including the reason the waiver is being sought and doc umentation evidencing that he/she attempted to secure nuclear related employment but was unable t o do so. If the requested waiver is denied, a written request for payment may be issued to the stud ent by the NRC under the provisions found in 10 CFR 15.21.

Grant Performance Metrics

The Office of Management and Budget requires all Federal Agenci es providing funding for educational scholarships and fellowships as well as other educa tional related funding to report on specific metrics. These metrics are part of the Academic Compet itiveness Councils (ACC) 2007 report and specifically relates to Science, Technology, Enginee ring, and Mathematics (STEM) curricula.

As part of the OMB requirements indicated above (for metric rep orting), the recipient shall address the following questions and submit responses with the required prog ress reports:

Scholarship Metrics:

1. How many students have been sponsored by NRC funding?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

2. How many students, supported by NRC funding, have received B.S. or equivalent degrees?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

3. How many students, supported by NRC funding, have accepted a job and are employed in the nuclear industry?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

4. How many students, supported by NRC funding, are continuing on to Graduate School in a field related to the nuclear industry?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

As part of the PPR, include the following information for each student supported under this award.

The information must be provided in the format below:

Fellowship Metrics:

1. How many graduate students have been sponsored by NRC fundin g?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

2. How many students, supported by NRC funding, have received M.S. or equivalent degrees?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

3. How many students, supported by NRC funding, have received P h.D. or equivalent degrees?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

4. How many students, supported by NRC funding, have accepted a job and are employed in the nuclear industry?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

5. How many items have students produced, for example, Professi onal Journal articles, publications, patents, or conference reports?

a. Response is the type and number of items (not a bibliography ), for this reporting period and cumulative to the grant.

As part of the PPR, include the following information for each student supported under this award.

The information must be provided in the format below:

Trade School and Community College Scholarship Metrics:

1. How many students have been sponsored by NRC funding?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

2. How many students, supported by NRC funding, have received c ertification or are licensed in their field of study?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

3. How many students, supported by NRC funding, have procured e mployment in the nuclear industry?

a. Response is the number of students, for this reporting perio d and cumulative to the grant.

As part of the PPR, include the following information for each student supported under this award. The information must be provided in the format below:

Distinguished Faculty Advancement Metrics:

1. How many Faculty have been sponsored by NRC funding?

a. Response is the number of faculty sponsored, for this report ing period and cumulative to the grant.

2. How many items have the sponsored faculty produced, for exam ple, Professional Journal articles, publications, patents, or conference reports?

a. Response is the type and number of items (not a bibliography ), for this reporting period and cumulative to the grant.

Unsatisfactory Performance

Failure to perform the work in accordance with the terms of the award and maintain at least a satisfactory performance rating may result in designation of th e recipient as high risk and the assignment of special award conditions. Further action may be r equired as specified in the standard term and condition entitled Remedies for Noncompliance.

Failure to comply with the award provisions may result in a neg ative impact on future NRC funding. In addition, the Grants Officer may withhold payments; change the method of payment from advance to reimbursement; impose special award conditions; suspend or term inate the grant.

Other Federal Awards with Similar Programmatic Activities

The recipient will immediately notify the Project Officer and t he Grants Officer in writing if after award, other financial assistance is received to support or fund any p ortion of the program description stated in the NRC award. NRC will not pay for costs that are funded by other sources.

Prohibition Against Assignment by The Recipient

The recipient will not transfer, pledge, mortgage, or otherwise assign the award, or any interest to the award, or any claim arising under the award, to any party, banks, trust companies, or other financing or financial institutions without the written approval of the G rants Officer.

Site Visits

The NRC, through authorized representatives, has the right to m ake site visits to review project accomplishments and management control systems and to provide t echnical assistance as required.

If any site visit is made by the NRC on the premises of the rec ipient or contractor under an award, the recipient shall provide and shall require his/her contractors t o provide reasonable access to all facilities and provide necessary assistance for the safety and convenience of the Government representative in the performance of his/her official duties.

IV. Additional Requirements

Criminal and Prohibited Activities

The Program Fraud Civil Remedies Act ( 31 U.S.C. §§ 3801-3812), provides for the imposition of civil penalties against persons who make false, fictitious, or fraudu lent claims to the Federal government for money (including money representing grant/cooperative agree ments, loans, or other benefits).

False statements (18 U.S.C. § 287), provides that whoever makes or presents any false, fictitiou s, or fraudulent statements, representations, or claims against the U nited States shall be subject to imprisonment of not more than five years and shall be subject t o a fine in the amount provided by 18 USC §287.

False Claims Act (31 U.S.C. § 3729 et seq.), provides that suits under this Act can be brought by the government, or a person on behalf of the government, for false claims under Federal assistance programs.

Copeland Anti-Kickback Act (18 U.S.C. § 874), prohibits a person or organization engaged in a Federally supported project from ent icing an employee working o n the project from giving up a part of his compensation under an employment contract.

American-Made Equipment and Products

Recipients are encouraged to purchase American-made equipment a nd products with funding provided under this award.

Increasing Seat Belt Use in the United States

E.O. 13043, amended by E.O. 13652, requires recipients to encou rage employees and contractors to enforce on-the-job seat belt policies and programs when operati ng company-owned, rented or personally-owned vehicle.

Federal Leadership of Reducing Text Messaging While Driving

E.O. 13513 requires recipients to encourage employees, sub-awar dees, and contractors to adopt and enforce policies that ban text messaging while driving comp any-owned, rented vehicles or privately-owned vehicles when on o fficial Government business o r when performing any work for or on behalf of the Federal Government.

Federal Employee Expenses Federal agencies are barred from accepting funds from a recipie nt to pay transportation, travel, or other expenses for any Federal employee unless specifically app roved in the terms of the award. Use of award funds (Federal or non-Federal) or the recipients prov ision of in-kind goods or services, for the purposes of transportation, travel, or any other expenses f or any Federal employee may raise appropriation augmentation issues. In addition, NRC policy proh ibits the acceptance of gifts, including travel payments for Federal employees, from Recipients or appli cants regardless of the source.

Prohibition on Certain Telecommunications and Video Surveillanc e Services or Equipment

Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1)

Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, ser vices, or systems that uses covered telecommunications equipment or services as a substantial or es sential component of any system, or as critical technology as part of any system. As described in P ublic Law 115â232, section 889, covered telecommunications equipment is telecommunications equi pment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or a ffiliate of such entities).

(i) For the purpose of public safety, security of government fa cilities, 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 Compa ny (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or ser vices 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 bel ieves to be an entity owned or controlled by, or otherwise connected to, the government of a c overed foreign country.

In implementing the prohibition under Public Law 115â232, sec tion 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected busi nesses, institutions and organizations as is reasonably necessary for those affected entities to trans ition from covered communications equipment and services, to procure replacement equipment and se rvices, and to ensure that communications service to users and customers is sustained.

Minority Serving Institutions (MSIs) Initiative

Pursuant to Presidential E.O., 13889, Continuance of Certain F ederal Advisory Committees, and E.O.13592 Improving American Indian and Alaska Native Educatio nal Opportunities and Strengthening Tribal Colleges and Universities; E.O. 13621, W hite House Initiative on Educational Excellence for African Americans; 13779, White House Initiati ve to Promote Excellence and Innovation at Historically Black Colleges and Universities (HBC Us); 13872, Economic Empowerment of Asian Americans and Pacific Islanders, 13935, White House Hispanic Prosperity Initiative, and E.O.s 13309 and 12994, Presidents Committee for People with In tellectual Disabilities.

The NRC is strongly committed to broadening the participation o f MSIs in its financial assistance program. The NRCs goals include achieving full participation o f MSIs/HBCUs in order to advance the development of human potential, strengthen the Nations capacit y to provide high-quality education, and increase opportunities for MSIs/HBCUs to participate in and benefit from Federal financial assistance programs. The NRC encourages all applicants and reci pients to include meaningful participation of MSIs/HBCUs. Institutions eligible to be consid ered MSIs/HBCUs are listed on the Department of Education website: http://www.ed.gov/about/offices/list/ocr/edlite-minorityinst.ht ml.

Research Misconduct

Scientific or research misconduct refers to the fabrication, fa lsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research res ults. It does not include honest errors or differences of opinions. The recipient organization has the pri mary responsibility to investigate allegations and provide reports to the Federal Government. Fund s expended on an activity that is determined to be invalid or unreliable because of scientific mi sconduct may result in a disallowance of costs for which the institution may be liable for repayment to the awarding agency. The Office of Science and Technology Policy at the White House published in t he Federal Register on December 6, 2000, a final policy that addressed research misconduct. The po licy was developed by the National Science and Technology Council ( 65 FR 76260). The NRC requires that any allegation be submitted to the Grants Officer, who will also notify the OIG of such all egation. Generally, the Recipient organization shall investigate the allegation and submit its fi ndings to the Grants Officer. The NRC may accept the recipients findings or proceed with its own inv estigation. The Grants Officer shall inform the recipient of the NRCs final determination.

Publications, Videos, and Acknowledgment of Sponsorship

Publication of the results or findings of a research project in appropriate professional journals and production of video or other media is encouraged as an importan t method of recording and reporting scientific information. It is also a constructive means to expa nd access to federally funded research.

If the recipient releases information related to an NRC-funded project, the recipient is required to(1) submit a copy of such information to the NRC, and (2) include a statement that the project or effort undertaken was/is sponsored by t he NRC. The recipient is also responsible for assuring that every publication of material (including Internet sites and videos) b ased on or developed under an award, except scientific articles or papers appearing in scientific, t echnical, or professional journals, contains the following disclaimer:

This [report/video] was prepared by [Recipient name] under award [number] from [name of operating unit], Nuclear Regulatory Commission. The statements, findings, conc lusions, and recommendations are those of the author(s) and do not necessari ly reflect the view of the [name of operating unit] or the U.S. Nuclear Regulatory Commission.

Trafficking In Victims Protection Act Of 2000 (as amended by th e Trafficking Victims Protection Reauthorization Act of 2003)

Section 106(g) of the Trafficking In Victims Protection Act Of 2000 (as amended as amended, directs on a government-wide basis that:

any grant, contract, or cooperative agreement provided or ent ered into by a Federal department or agency under which funds are to be provided to a private entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, without penalty, if the recipient or any subrecipien t, or the contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has pr ocured a commercial sex act during the period of time that the grant, contract, or cooperative agreeme nt is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreemen t. (See 22 U.S.C. §7104(g).)

EXECUTIVE COMPENSATION REPORTING

2 CFR § 170.220 directs agencies to include the following text to each grant award to a non-Federal entity if the total funding is $30,000 or more in Federal fundi ng.

Reporting Subawards and Executive Compensation.

a. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $30,000.00 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recover y 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.

i. You must report each obligating action described in paragrap h a.1. of this award term to http://www.fsrs.gov.

ii. For subaward information, report no later than the end of t he month following the month in which the obligation was made. (For example, if the obligation was ma de 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 th at 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 fisca l year, if

i. the total Federal funding authorized to date under this awar d is $30,000.00 or more;

ii. in the preceding fiscal year, you received

(A) 80 percent or more of your annual gross revenues from Feder al procurement contracts (and subcontracts) and Federal financial assistance subject to the T ransparency Act, as defined at 2 CFR

§ 170.320 (and subawards); and

(B) $25,000,000 or more in annual gross revenues from Federal p rocurement contracts (and subcontracts) and Federal financial assistance subject to the T ransparency Act, as defined at 2 CFR § 170.320 (and subawards); and

iii. The public does not have access to information about the compen sation of the executives through periodic reports filed under section 13(a) or 15(d) of the Secu rities 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. Securi ty and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in parag raph b.1. of this award term:

i. As part of your registration profile at http://www.sam.gov.

ii. By the end of the month following the month in which this a ward is made, and annually thereafter.

c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you sh all report the names and total compensation of each of the subrecipient's five most highly com pensated executives for the subrecipient's preceding completed fiscal year, if

i. in the subrecipient's preceding fiscal year, the subrecipien t received

(A) 80 percent or more of its annual gross revenues from Federa l procurement contracts (and subcontracts) and Federal financial assistance subject to the T ransparency Act, as defined at 2 CFR § 170.320 (and subawards); and

(B) $25,000,000 or more in annual gross revenues from Federal p rocurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards);

and

ii. The public does not have access to information about the co mpensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Secu rities 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. Securi ty and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation descr ibed in paragraph c.1. of this award term:

i. To the recipient.

ii. By the end of the month following the month during which yo u make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation in formation of the subrecipient by November 30 of that year.

d. Exemptions

If, in the previous tax year, you had gross income, from all so urces, under $300,000.00, you are exempt from the requirements to report:

i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient.

e. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR Part 25:

i. A Governmental organization, which is a State, local governm ent, or Indian tribe;

ii. A foreign public entity;

iii. A domestic or foreign nonprofit organization;

iv. A domestic or foreign for-profit organization;

v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in ma nagement positions.

3. Subaward:

i. This term means a legal instrument to provide support for th e performance of any portion of the substantive project or program for which you received this awar d and that you as the recipient award to an eligible subrecipient.

ii. 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 200.331).

iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that:

i. Receives a subaward from you (the recipient) under this awar d; and

ii. Is accountable to you for the use of the Federal funds prov ided by the subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and include s the following (for more information see 17 CFR § 229.402(c)(2)):

i. Salary and bonus.

ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 20 04) (FAS 123R), Shared Based Payments.

iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbur sement plans that do not disc riminate in favor of executives, and are available generally to all salaried employees.

iv. Change in pension value. This is the change in present value of defined benefit and actu arial pension plans.

v. Above-market earnings on deferred compensation which is not tax-qualified.

vi. Other compensation, if the aggregate value of all such othe r compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.00.