Portable Assistance OSBDC-2020-03_Terms and Conditions_Final Version - Multi Year.docx

RECIPIENT: RECIPIENT

COOPERATIVE AGREEMENT NO.: SBAHQ20BXXX

ADMINISTRATIVE CODE: XXX

PORTABLE ASSITANCE NOTICE OF AWARD

DATE ISSUED: 09/30/2020

Table of Contents

I ADMINISTRATIVE PROVISIONS

A. Points of Contact Grants Management Specialist (GMS) Contact information of the Grants Management Specialist is located in the agreement Notice of Award cover page, particular to the Recipient.

Grants Officer’s Representative (GOR) Contact information of GOR, also known as the OSBDC Program Manager, is in the agreement Notice of Award pages, particular to the Recipient.

SBDC Program Point of Contact for Reporting Fraud, Waste, or Abuse

Grant Recipient’s Authorized Organizational Representative (AOR)

Contact information of AOR is located in the agreement particular to the Recipient.

B. Project and Budget Periods

The period of performance for this Award will consist of a base period of 12 months. The base period for this Award will run as follows: 09/30/2020 – 09/29/2021

C. Governing Authority/Order of Precedence

This Award is subject to the following requirements and representations, whether stated explicitly or incorporated by reference:

i. The applicable statutes, regulations, and policy documents cited in Blocks 1 and 14 of the Notice of Award. Cover page and any other relevant, subsequently enacted laws.

ii. Those Notice of Award Terms and Conditions set forth below.

iii. Funding Opportunity No. OSBDC-2020-03 and any subsequently issued SBA policy guidance.

iv. Your accepted application for this Award, including all forms and assurances, and any subsequently approved additions or modifications. In the event of a conflict between these requirements, the Order of Precedence listed above will determine which prevails. Unless explicitly stated otherwise, all deadlines discussed in this Notice of Award will be measured in terms of calendar days. By signing Block 23 of the Notice of Award cover page, you acknowledge your acceptance of all these requirements.

II. SPECIAL TERMS AND CONDITIONS

A. Corrective Action Required

None.

B. Grant Recipient Responsibilities

You, the Recipient/SBDC Network, acknowledge you will:

i. Comply with the requirements and authorities set forth in Parts I I above and III (A) (17) below.

ii. Conduct the project funded under this Award in accordance with your approved Technical Proposal, goals, milestones and budget. Changes to these guiding documents must be submitted to SBA for pre- approval in accordance with Part III (A) (12) below.

iii. Be responsive to SBA requests for information and communication. Changes to your organization’s contact information, including your AOR or other designated representatives, must be reported promptly to SBA.

iv. Promptly advise SBA of any difficulties you encounter or anticipate encountering that may affect the conduct of your project.

v. Cooperate with all programmatic and financial examinations and any accreditation reviews conducted by SBA, its agents or contractors. You will promptly address and act upon all findings regarding your project made as part of any such process.

vi. Coordinate with SBA and other Agency resource partners operating within your project service area to maximize the effectiveness of your efforts and avoid duplication of products and services.

vii. Promote SBA programs, products, and services to clients, as appropriate.

viii. Maintain adequate, readily accessible facilities for assisting clients, including satellite locations where appropriate.

ix. Maintain adequate staffing levels for the delivery of client services, including replacing Key Personnel no more than 60 days and 120 days for State/Regional Directors after they cease their involvement with the project.

x. Provide meaningful access to project services for clients with limited English language proficiency and/or disabilities.

xi. Participate in SBA surveys and studies regarding the effectiveness and outcomes of the program/project, curriculum, types of assistance, service delivery methods, etc.

xii. Submit and update information to USASpending.gov, as required.

xiii. Use varied resources to counsel and train small business owners and managers in dealing with financial, marketing, and other operational and business opportunities and challenges. The SBDC will assist these clients in developing feasibility studies, business plans, cash flows, financial statements and similar business measurement and evaluation concepts and tools. The SBDC must provide client counseling assistance at no cost to its clients.

xiv. Consult with State and Federal Export Assistance Centers, as appropriate, when counseling small businesses interested in exporting. For further guidance regarding export assistance requirements, see 15 U.S.C. §648(a).

xv. Report emergency closures to the SBA Grants Officer’s Representative (GOR) as soon as feasible.

xvi. Assure that each subaward issued in association with this award is administered in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), applicable sponsoring agency regulations, and the terms and conditions of the prime award. Also assuring that subrecipients comply with the Uniform Guidance and all appropriate flow-down provisions of this award.”

xvii. Provide advance notice of all contracts, grants and cooperative agreements you propose to enter into with other Federal agencies, either individually or as part of a joint effort with other parties. For further guidance, see 15 U.S.C.§ 648 21(a)(5) and Part III (A)(12) below.

xviii. Provide assistance to the small business community to the maximum extent possible. The SBDC Lead Center and Service Centers services shall be available to the public during the normal hours of the business community throughout the year, as appropriate. In addition, provisions should be made to provide evening and weekend assistance, both online and in-service centers, as appropriate to meet local community demands and needs. Goals are included in each recipient’s particular agreement.

xix. Use the funds provided through this award, to manage and operate, within a state, territory, or commonwealth, a Small Business Development Center (SBDC).

C. SBA Responsibilities

As the awarding agency, SBA will, subject to the availability of funds and continuing authority:

i. Carry out the duties and responsibilities imposed on it by the statutes and regulations governing this program.

ii. Respond to requests for guidance or information related to the SBDC program.

iii. Respond to requests for Agency participation and collaboration in project activities, as appropriate.

iv. Promote the project by referring interested parties to you for assistance and displaying your printed materials.

v. Facilitate cooperation and coordination between you, other SBA resource partners, and other Federal agencies.

vi. Review and act upon requests for modifications to your technical proposal, budget, Key Personnel, project/budget period, and other project parameters.

vii. Review and act upon your reports and payment requests.

viii. Where authorized by law, share SBA resources and/or donated materials.

ix. Monitor your performance under this Award and your ongoing operations to determine if you are making effective and efficient use of Project funds. Includes reviewing records, files and procedures relating to your performance under this award, as well as interviewing clients to gauge program effectiveness.

x. Review, in advance, all contracts, grants, and cooperative agreements you propose to enter into with other Federal agencies, either individually or as part of a joint effort with other parties. For further guidance, see 15 U.S.C. § 648 21(a) (5) and Part III (A) (12) below. The AA/SBDC will review the subject and general scope of all such agreements and will not approve them unless the SBDC Lead Center demonstrates that its performance of the Agreement will provide assistance to small business concerns without hindering its ability to carry out the terms of this Award.

xi. Make recommendations or decisions affecting the Agreement including policy issues and provide technical advice and other actions.

xii. Perform monitoring and oversight activities in order to determine whether you (the SBDC) have (has) developed procedures to track financial resources, including Program Income and whether these resources were devoted to fulfilling eligible SBDC program objectives.

xiii. Perform a reconciliation of financial forms (SF-270, SF-425 with actual expenditure attachments) semi-annually to ensure that you are fulfilling the terms and condition of this Award.

D. Multi-Year Options

In accordance with SBA Funding Opportunity 2020-03, this Award includes up to two consecutive option periods, exercisable at the discretion of the Agency. Specific instructions for requesting the exercise of an option year are in Section 4.4 of the Funding Opportunity document.

III. GENERAL TERMS AND CONDITIONS

A. Administrative Requirements

This Award is subject to the requirements listed below. For further guidance regarding the administrative requirements applicable to this Award see 2 C.F.R. Part 200, Subparts A-F.

1. Non-Transferability

This Award may not be transferred or assigned (either in whole or in part) without prior written approval from SBA. Additionally, no interest in this Award may be conferred upon a third party and the Award may not be pledged as collateral or security. For further guidance regarding the prior approval process, see Part III (A) (12) below.

2. Subgranting/Subcontracting

This Award may not be sub-granted, to a single entity, but you may contract or subgrant to third parties, as per the proposal, to act as service centers (for the purpose of this award third party does not include SBDC service centers). You may not act as a pass-through or fiscal agent for the purpose of channeling award funds to other parties. You may contract with other parties for the performance of project support functions or services. You may not contract out the overall administration or day-to-day management of this project to any other party.

You may follow your own procurement policies and procedures when contracting with Project Funds, but you must comply with the requirements of 2 C.F.R. §§ 200.317 – 200.326. You are encouraged to purchase American-manufactured goods to the maximum extent practicable. American-manufactured goods are those products for which the cost of their component parts that were mined, produced, or manufactured in the United States exceeds 50 percent of the total cost of all their components. For further guidance regarding what constitutes an American-manufactured good (also known as a domestic end product), see 48 C.F.R. Part 25.

You must also comply with the requirements of 2 C.F.R §§ 200.330 – 200.332, Subrecipient Monitoring and Management.

3. Record-Keeping

You must maintain complete and accurate records and supporting documentation of sufficient detail to facilitate a thorough financial, programmatic and/or legal compliance audit or examination of this project. You must make these records available to SBA, its agents, its Office of Inspector General, and/or Federal investigators on demand within a reasonable amount of time during regular business hours and provide them with unrestricted access to review and make copies of all products, materials, and data, including those prepared or stored electronically. At a minimum, the records you must maintain on this project include:

i. The time and attendance of employees whose salaries are charged to this Award, with sufficient detail to substantiate the claimed percentage of work performed in support of this project.

ii. An inventory of equipment purchased, in whole or in part, with award funds. This inventory must comply with the requirements of 2 C.F.R. § 200.313(d).

iii. Your ledgers and annual 2 C.F.R. 200 (Subpart F) Audit Report. If you are not subject to the requirements of the Single Audit Act, you must have an annual audited financial statement. Unaudited financial statements are not an acceptable substitute.

iv. Copies of receipts, invoices, contracts, leases, and other supporting documentation for all expenses paid with Project Funds.

v. Copies of checks, receipts, letters of donation and other supporting documentation for all matching contributions related to this Award.

vi. Copies of judicial and administrative decisions and compliance reviews (as applicable) and other supporting documentation demonstrating your adherence to the legal requirements listed in the SF-424B and Part III (A) (17) below.

Records may be kept in hard copy or electronic form and must be retained for no less than three years from the date the final project report is submitted.

4. Protection of Client Information

Except where a Client consents in writing, you are not permitted to disclose any Client Information to a third party (or share such information with other units of your organization not directly involved in the conduct of this project) without prior SBA approval. For further guidance regarding the prior approval process, see Part III (A) (12) below.

In addition, you cannot disclose a client’s name, address, or telephone number to any party (including SBA), except where:

i. the client consents in writing;

ii. a court orders such disclosure; or

iii. SBA determines it is necessary for the purpose of conducting programmatic or financial examinations or Client surveys.

However, SBA is also allowed access to client data for obtaining program activity information or conducting client surveys. For clients who have responded “yes” to Question 11 in Part I of SBA Counseling Information Form 641, the SBDC shall provide the information and data contained in Part I along with the small business name every 90 days. SBA will safeguard client and customer Personal Identifiable Information (PII).

Restrictions on Certain Types of Clients

You may not utilize project resources to provide counseling services to any concern that:

1. is other than small;

ii. is based in a foreign country; with the exception of US affiliates or subdivisions of foreign companies can receive services as long as the combined company is still considered “small” under the size standards;

iii. is engaged in any activity that is illegal under federal, state, or local law or that can reasonably be determined to support or facilitate any activity that is illegal under federal, state or local law;

iv. derives more than one-third of its gross annual revenue from legal gambling activities;

v. presents live performances of a prurient sexual nature or derives more than a de minimis amount of revenue from the sale of products or services of a prurient sexual nature; and,

vi. that position stemmed from the fact that the statutory language giving rise to the Agency’s grant programs typically states that the purpose of each program is to provide technical assistance to the small business community (or certain specified segments thereof). Upon further review, it is now our position that the Agency’s grant recipients may also, under certain circumstances, provide technical assistance to non-profit organizations.

Where a significant portion of a non-profit organization’s activities involve providing aid to small business concerns, we believe it would be permissible for a grant program office to allow its grant recipients to provide counseling or training to such non-profits. Such an action would still result in the provision of technical assistance to small business concerns, albeit in an indirect rather than a direct manner.

There is no express statutory restriction against grant recipients providing indirect assistance to small business concerns in the manner described above. As such, we believe it would be consistent with the terms of the Small Business Act to permit grant recipients to provide technical assistance to small business concerns in the traditional, direct manner as well as by indirectly extending such assistance through means of a “train the trainers” type of approach involving non-profit organizations.”

For guidance regarding the provision of subgrants or counseling services to individuals and firms that are currently suspended or debarred by the Federal Government, see Part III(B)(2) below.

1. Reporting Requirements

You must submit the reports identified in Parts III (A) (6) and (7) below to the GOR on a quarterly basis. The required reporting forms may be obtained at http://www.sba.gov/content/sbdc-forms- and-worksheets. Reports must be submitted to the GOR via email. Quarterly reports must be received by the GOR no later than 30 days after the conclusion of the applicable reporting period. The final Quarterly report must be received by the GOR no later than 90 days after the conclusion of the budget year. If you fail to submit timely or adequate reports, SBA may withhold funding until this deficiency is corrected. The quarterly reporting periods for this Award are based on the dates shown in block 5 (SBA Form 1222). The quarterly reporting periods for this Award are as follows:

09/30/2020 – 12/30/2020 12/31/2020 – 03/31/2021 04/01/2021 – 06/30/2021 07/01/2021 – 09/29/2021

1. Performance Reports

In accordance with the schedule listed in Part III (A) (6) above, you must submit your Performance Progress Reports electronically in a Word format using Standard Form PPR (SF PPR) or your own custom-designed format that includes all the same information required by the SF PPR. You must attach a narrative statement to your SF PPR that details:

i. All project accomplishments for the reporting period, including a comparison between actual accomplishments and those predicted in the project goals and milestones you presented in your Technical Proposal. Where you failed to achieve the predicted accomplishments, you must explain the reason(s) for that shortfall and describe how you will bring project performance back into alignment with the goals and milestones.

ii. Any lessons learned, best practices identified, notable success stories stated, problems encountered and steps taken to address those problems.

iii. Other pertinent information, including economic impact data (e.g., jobs created, tax dollars generated, new business start-ups).

iv. Changes in key personnel, service centers and sub recipients that occurred during the performance period.

1. Financial Reports

In accordance with the schedule listed in Part III (A) (6) above, you must submit your Federal Financial Reports using Standard Form 425 (SF 425). You must also provide detailed information regarding your actual expenditures broken down by the same cost category line items identified in your approved budget. SBA recommends use of the Quarterly Detailed Expenditure Worksheet for this purpose, but you may present the detailed cost data using your own format provided that format addresses all the required categories of information. You must include a narrative explanation each time your actual expenditures exceed the amount you budgeted for a given cost category. For further guidance on varying from budgeted cost category amounts, see Part III (B) (4) below.

1. Additional Data Submission Requirements

In addition to the quarterly reports discussed in Parts III (A) (7) and (8) above, you must also annually submit a copy of your most recent audited financial statement. The GOR must receive your audit report no later than 120 days after the conclusion of your organization’s fiscal year. Refer to 2 C.F.R. 200 (Subpart F) for more information.

You must also submit the following reports:

i. Client Service Data

You must collect and maintain records of counseling and training activities. You must use the SBA Form 641(or its equivalent) for counseling activities and the SBA Form 888 (or its equivalent) for training activities. In order to count training clients in the Clients Served goal, you must submit 641 like data for training clients; however, you will not use the SBA Form 641. You are required to submit the client service information into SBA‘s Entrepreneurial Development Management Information System (EDMIS). You may submit the information by directly entering data into EDMIS or uploading batch files to the system. All fields must be completed when data is available, including but not limited to capital infusion data, number of employees, and other economic impact data. Client activity should be tracked using the applicable Fund Source Code for each year’s Portable Assistance award as noted in the Funding Opportunity.

ii. Economic Impact Report

You are also required to complete the Economic Impact Report in EDMIS. If you do not currently collect economic impact data on a client-by-client basis you may use general client survey data to complete the separate Economic Impact Report.

1. Project and Program Integrity

You must avoid engaging in any actions that may harm the integrity of this project or the SBDC Program. In the event key project employees are determined to have engaged in conduct reflecting a material lack of business integrity or honesty, you must immediately remove them from involvement in this project.

You and Your employees must avoid both organizational and individual conflicts of interest in accordance with the principles identified in 2 C.F.R. § 2701.112.

You may not discharge, demote, or otherwise discriminate against any of Your employees, which includes volunteers, as a reprisal for their disclosing to an authorized person or body as described in 41 U.S.C. § 4712(a)(2) any information that the employee reasonably believes is evidence of one of more of the following: gross mismanagement of Your grant; a gross waste of Federal funds; an abuse of authority relating to Your grant; a substantial and specific danger to public health or safety; and/or a violation of law, rule, or regulation related to Your grant. Any of Your employees who believe they have been subjected to such a reprisal may submit a complaint to SBA’s Inspector General Hotline via the internet at www.sba.gov/OIG/Hotline, via telephone at 1-800-767-0385 (telephone), or via mail at Office of Inspector General, ATTN: Hotline, 409 3rd Street, S.W., Suite 7150, Washington, D.C. 20416. You must inform Your employees in writing of the rights and remedies discussed in this paragraph in the predominant native language of Your workforce.

If Your organization is a Religious Organization, the following additional restrictions apply:

· You may only conduct explicitly religious activities outside of the programs directly funded by the Federal Government, and at a separate time and location;

· You may not use any direct Federal financial assistance to support or engage in any explicitly religious activities; and

· You may not discriminate against beneficiaries or prospective beneficiaries of this program on the basis of religion or religious belief.

For guidance regarding Religious Organizations and Federal financial assistance, see Executive Orders 13279, 13559, and 13831 and the Attorney General’s memorandum regarding “Federal Law Protections for Religious Liberty” (Oct. 6, 2017).

1. Project Closeout

For general guidance regarding project closeout procedures, see Subpart D of 2 C.F.R. §§ 200.343-200.344.

At the end date of this Award and if no follow-on award has been made (i.e., after the base period concludes and all available option periods have been exercised or declined and any no-cost extension has expired, as applicable) this project will cease and you may not incur any new reimbursable expenses. You must submit your final performance and financial reports and your final requests for payment within 90 calendar days of the project end date. If you do not submit your final payment requests within 90 days of the project end date, all remaining, undisbursed Federal funds will be de-obligated and will no longer be available to you. If you have received a follow-on award under the SBDC Program, you may request permission from SBA to carryover any unexpended Project Funds remaining under this Award to that follow-on award in accordance with Part III (B) (11) below.

If you have not received a follow-on award, you must include a list of all equipment purchased with Project Funds along with your final performance and financial reports. That list must describe each piece of equipment and identify its purchase price, the percentage of that purchase price paid with Project Funds, and its current, depreciated value. You must also ask the GOR how to dispose of that equipment. For further guidance regarding the disposition of equipment purchased with Project Funds, see 2 C.F.R. § 200.439. Where you have unexpended Program Income remaining at the end date of this Award, you must either remit that money to SBA or obtain approval from SBA to use it to fund further activities consistent with the objectives of this Award.

Where SBA has designated another organization as your successor for purposes of the SBDC Program, you must turn over all equipment, materials (including top-level domains and web content), and unexpended supplies purchased with Project Funds, as well as copies of all project records (including client files), to your designated successor in accordance with the procedures and timeline provided by SBA. You must make a good faith effort to facilitate the smooth transition of the Project to your designated successor.

1. Actions Requiring Prior Approval

Before taking any of the following actions, you must obtain advance written approval from SBA:

i. Changing the scope of the project or amending the approved project goals and milestones;

ii. Additional line item expenditures not specified or shown without cost on the approved budget;

iii. Should You receive a single Federal award from this Funding Opportunity in excess of the Simplified Acquisition Threshold, SBA may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for Federal awards in which the Federal share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by SBA;

iv. Changing your Key Personnel, i.e., Service Center directors, associate state/regional directors and state/regional directors require prior approval, all others the SBDC must advise SBA of the change;

v. Entering into a contract calling for the expenditure of $250,000.00 or more in Project Funds, with the exception of subrecipient agreements or entering into a contract that, when combined with other contracts held by a single individual or organization (including affiliates, subdivisions, and subsidiaries), would result in that entity receiving $250,000.0 or more in aggregated Project Funds unless included in the proposal. The contracts must be awarded via competition. Non-competitive contracting at this level is only allowed if You can demonstrate to SBA’s satisfaction either: (i) there is only one possible source for a particular good or service or (ii) there is an emergency involving the risk of imminent damage to property or injury to people. For contracts between $10,001 and $250,000, you do not need to submit copies of the proposed contracts to the GOTR for approval before executing them. However, you must obtain price quotes (either orally or in writing) from at least three qualified sources and inform SBA of these quotes in the corresponding payment requests/financial reports. If you do not choose to go with the lowest quote, you must explain why. For contracts of $10,000 or less, you do not need to submit copies of the proposed contracts to the GOTR for approval before executing them and the contracts are not required to be awarded via competition if Your organization considers their prices to be reasonable. For further clarification regarding this, you may contact your designated Program Manager or Grants Management Officer. Additionally, when using Project Funds to procure supplies and/or equipment, You are encouraged to purchase American-manufactured goods to the maximum extent practicable. American-manufactured goods are those products for which the cost of their component parts that were mined, produced, or manufactured in the United States exceeds 50 percent of the total cost of all their components. For further guidance regarding what constitutes an American-manufactured good (also known as a domestic end product), see 48 C.F.R. Part 25.

vi. Purchasing or disposing of a piece of equipment with an acquisition cost of $5000 or more, when not included in the proposal;

vii. Travel outside the United States and its territories or unanticipated out-of-state travel not in the approved budget;

viii. Changing the amount claimed for indirect costs in excess of the approved amount;

ix. Use of the SBA logo on any social media sites or services;

x. Use of Project funds for minor renovations of an existing facility; and,

xi. Establishing or reorganizing a legal entity.

You must submit requests for prior approval to the GOR 30 calendar days prior to the date of the proposed action. See 2 C.F.R. § 200.308; 2 C.F.R. Subpart E; for further guidance regarding prior approval requirements, as applicable.

1. Acknowledgment of SBA Support/Use of SBA’s Logo/Publication Requirements

It is important that your clients and the general public are aware of the SBDC Program and SBA’s role in this project, as well as the taxpayer funded support the Agency is providing under this Award. Therefore, you must include the following acknowledgment of support statement on all materials produced in whole or in part with Project Funds:

“Funded in part through a Cooperative Agreement with the U.S. Small Business Administration.”

For purposes of this requirement, the term “materials” includes, but is not limited to, press releases, brochures, pamphlets, handouts, reports, advertisements, books, curricula, websites, video or audio productions, and similar items regardless of the medium employed. The term “materials” does not include stationery or business cards and the “Powered by SBA” logo may not be used on such items. The “Powered by SBA” logo will be provided upon request to your GOR.

Where you use Project Funds to produce materials featuring editorial content, you must use the following alternate acknowledgment of support statement (either independently or in conjunction with the “Powered by SBA” logo):

“Funded in part through a Cooperative Agreement with the U.S. Small Business Administration. All opinions, conclusions, and/or recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the SBA.”

In addition, you must display signage featuring the “Powered by SBA” logo at all facilities that are open to the public and which are being used for project activities. Such signage must prominently feature the acknowledgment of support statement identified above.

Where used, the acknowledgment of support statement must be presented in a legible typeface, font size, and (where applicable) color contrast and must appear verbatim and may not be altered or replaced with substitute language. However, on materials with severe space constraints such as signs and banners, you may use “SBA” in the acknowledgment of support statement instead of “U.S. Small Business Administration.”

You must use the “Powered by SBA” logo on materials produced with Project Funds. You may contact the GMS in order to obtain a high resolution copy of the “Powered by SBA” logo and a copy of SBA’s Graphic and Use Guide. Where used, the “Powered by SBA” logo may be positioned in close proximity to your organization’s logo or may be placed in a prominent location elsewhere in the material. However, the “Powered by SBA” logo may not be placed in proximity to any third party’s logo, or used in such a way as may imply that a relationship exists between SBA and any third party (Note: Your organization’s parent entity is not considered a third party). Additionally, in each instance where you use the “Powered by SBA” logo, you must also include the acknowledgement of support statement in reasonable proximity to the logo.

Neither the “Powered by SBA” logo nor the acknowledgment of support statement may be used in connection with activities outside the scope of this Award. In particular, UNDER NO CIRCUMSTANCES may the “Powered by SBA” logo or acknowledgment of support statement appear on items used in conjunction with fundraising, lobbying, or the express or implied endorsement of any goods, service, entity or individual. For further guidance regarding the prior approval process, see Part III (A) above.

1. Project Website

You must maintain a website, or a clearly defined subsection of an existing website, for the purpose of publicizing and conducting project activities. The project website must make reasonable accommodations for access by persons with disabilities and must feature the “Powered by SBA” logo and acknowledgement of support clause in a prominent location in accordance with Part III (A) above. In addition, project websites are subject to the prior approval requirements of Part III (A) (12) and the project closeout requirements of Part III (A) (11) above.

You may not use the project website to advertise, promote, or endorse alcoholic beverages, tobacco products, sexual products (including dating services and pornographic materials); illegal or controlled substances or materials; gambling or gaming products or services; or any other products, services, or materials which may be harmful to the image or reputation of this project, the SBDC Program, or SBA.

1. Co-Sponsored Activities

Your organization may collaborate with SBA, other Federal agencies, and other current SBA grant recipients for the purpose of co-hosting activities within the scope of this Award without the need for a separate written agreement. The “Powered by SBA” logo may be used in conjunction with such co-hosted activities. However, where a proposed activity with SBA includes contributors, co-hosts, or co-sponsors that are not other Federal agencies or current SBA grant recipients or involves undertakings that are outside the scope of this Award, the parties must work with SBA to execute a separate written co- sponsorship agreement. For further guidance regarding the use of the “Powered by SBA” logo, see Part III (A) (13) above.

1. Accessibility of Facilities and Events

In accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and § 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), all facilities you use to provide services to the public in connection with this project must be accessible by persons with disabilities. In addition, all notices, promotional items, brochures, publications, and media announcements informing the public of events, programs, meetings, seminars, conferences and workshops conducted pursuant to this project must include the following accessibility/accommodations notice:

Reasonable accommodations for persons with disabilities will be made if requested at least two weeks in advance. Contact [insert contact information for the person who will make the arrangements].

1. Applicable Laws, Regulations and Policies

Except for circumstances in which Federal law defers to State or local law – such as zoning matters, building and business permits, and recording requirements – this Award will be governed by and construed under Federal law. Specifically, this Award is subject to the following laws, regulation and policies in addition to those enumerated in the SF-424B (Assurances: Non- Construction Programs) you submitted as part of your approved application:

5 U.S.C. App. 1 (Inspector General Act of 1978);

5 U.S.C § 552 (Freedom of Information Act);

15 U.S.C § 648 (SB Act, SBDC Program) 15 U.S.C. § 78dd-1 et seq. (Foreign Corrupt Practices Act) 15 U.S.C. § 631 et seq. (Small Business Act);

22 U.S.C. § 7101 et seq. (Trafficking Victims Protection Act of 2000);

22 U.S.C § 7104 (Prevision of Trafficking) 22 U.S.C. § 7207 (Prohibition on United States Assistance and Financing to Certain Foreign Nations) 31 U.S.C. § 6101 note (Digital Accountability and Transparency Act of 2014) 41 U.S.C. § 701 et seq. (Drug-Free Workplace Act of 1988), as implemented by 2 C.F.R. Part 182;

41 U.S.C. § 6306 (Prohibition on Members of Congress making contracts with Federal Government);

42 U.S.C. § 12101 et seq. (Americans with Disabilities Act of 1990);

44 U.S.C § 3501 (Paperwork Reduction Act);

48 U.S.C. § 1469a (Waiver of Matching Fund Requirements for Awards to Insular Areas);

49 U.S.C. App. 1517 (Fly America Act);

Title VI of the Civil Rights Act of 1964;

2 C.F.R. Parts 180 and 2700 (Non-procurement Debarment and Suspension);

2 C.F.R 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;

13 C.F.R., Chapter 1, or SBA’s Standard Operating Procedures (SOPs);

13 C.F.R. Parts 112, 113, and 117 (Civil Rights Compliance);

13 C.F.R. Part 146 (Restrictions on Lobbying);

15 C.F.R. Parts 730-774 (Export Restrictions) 22 C.F.R. Parts 120-130 (International Traffic in Arms) 31 C.F.R. Parts 500-598 (Foreign Assets Control) 31 C.F.R. Parts 35 and 36;

37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements);

48 C.F.R. Chapter 1 – Federal Acquisition Regulations;

Executive Order 12600 (Pre-disclosure notification procedures for confidential commercial information);

Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency);

Executive Order 13513 (Federal Leadership on Reducing Text Messaging While Driving); and, Executive Order 13333 (Amending Executive Order 13257 to Implement the Trafficking Victims Protection Reauthorization Act of 2003).

1. Dispute Resolution

If a dispute arises between your organization and SBA regarding one or more elements of this Award, you may appeal the matter to SBA’s Grant Appeals Committee. To be considered timely, your appeal petition must be received by the Committee within 30 calendar days of the date of the GMS’s decision. Your appeal petition must be mailed to the following:

Chairman, Grant Appeals Committee U.S. Small Business Administration Office of Grants Management 5th Floor, 409 3rd Street, SW Washington, DC 20416.

You must also send copies of your appeal petition to the GMS and GOR.

There is no prescribed format for the submission of an appeal petition. Formal briefs and other technical forms of pleading are not required, nor are you required to obtain legal representation. However, your appeal petition must be in writing and must be concise, factual, and logically arranged. In addition, your appeal petition must contain the following:

i. Your organization’s name and address;

ii. Identification of the relevant SBA program office and the Award number;

iii. A statement of the facts underlying the dispute and the basis for the appeal (i.e., a specific explanation as to why you believe SBA’s decision was incorrect);

iv. Copies of any documents or other evidence supporting the appeal;

v. A request for the specific relief desired on appeal; and

vi. A statement as to whether an oral hearing is being requested, and if so, the reasons why such a hearing is necessary.

The Committee will first rule on a request for an oral hearing before proceeding to consider the merits of an appeal petition. Within 60 calendar days of receiving your appeal petition, the Committee will present its decision in writing to You, the GMS, and the GOR. The Committee’s ruling will represent the final Agency decision regarding the dispute and will not be further appealable within SBA.

1. Termination/Suspension/Enforcement

If you materially fail to comply with the terms and conditions of this Notice of Award, or with any requirement imposed by statute, regulation, executive order, or other source of law or policy, SBA will take whatever enforcement measures it deems appropriate to remedy that non-compliance. For further guidance regarding the enforcement measures that apply to this Award, see 2 C.F.R. § § 200.338-342; 13 C.F.R. § 130.700. SBA may also institute suspension or debarment proceedings against your organization as it deems necessary.

1. Lobbying

There is a broad federal restriction on all grantees of the Federal Government, which prohibits the use of federal appropriated funds to lobby Congress or agencies concerning certain specified federal actions 31 U.S,C § 1352 (also known as the Byrd Amendment). In addition, OMB’s Uniform Guidance at 2 C.F.R. § 200.450 provides that lobbying activities are generally unallowable costs and defines unallowable activities as well as the limited activities that are allowed. This prohibition includes lobbying during the ASBDC Spring Conference.

B. Financial Requirements

This Award is subject to the requirements listed below. For further guidance regarding the cost principles applicable to this award see 2 C.F.R. 200 Subpart E; or 48 C.F.R. Subpart 31.2, as appropriate.

1. Charging Costs to this Award

All costs charged to this Award are subject to audit and examination. You are responsible for ensuring proper management and accounting of Project funds in order to avoid cost disallowances. All direct costs charged to this Award must be reasonable given the relevant market and industry area and the nature of the good or service involved. Direct costs claimed by your organization must also be allowable under the relevant cost principles and be clearly and specifically allocable, either in whole or in part, to the project funded by this Award. In addition, you are not permitted to charge costs associated with any of the following items or activities to this Award:

i. Transactions with suspended or debarred entities, as discussed in Part III (B)(2) below;

ii. New Construction of facilities or acquisition of real estate; however, project funds may be used to pay for minor renovations of an existing facility with prior approval of the AA/SBDC or DAA/SBDC on a case-by-case basis

iii. Litigation, whether civil, criminal or administrative;

iv. Providing matching contributions to any other Federal awards;

v. Meals, lodging, per diem, or other subsistence expenses associated with local travel, unless approved by the Program Manager (however, Project Funds may be used to pay transportation expenses for local travel). Local travel is any travel conducted entirely within a 50-mile radius of your organization’s address of record.

1. Transactions with Suspended or Debarred Entities

You cannot use Project Funds or Project Resources to pay salaries of employees or costs of consultants, contractors, or other service providers (e.g., accountants, lawyers, etc.) where such entities are currently suspended or debarred. In addition, You cannot use Project Funds to provide counseling services related to Federal contract, grant, or loan opportunities to individuals or firms that are currently under suspension or debarment by a Federal agency. Training may be provided on these three topics without regard to an individual’s suspension or debarment status.

You are responsible for verifying that entities paid or (where applicable) assisted with Project Funds or Project Resources are not suspended or debarred in order to avoid subsequent disallowance of costs under this Award. To determine if an individual or firm is suspended or debarred, You may consult the System for Award Management (https://www.sam.gov/). Additionally, in cases involving the counseling of clients, You may require clients to certify they are not currently suspended or debarred prior to receiving assistance relating to Federal contract, grant, or loan opportunities. For further guidance regarding suspension and debarment, see 2 C.F.R. Parts 180 and 2700.

1. Liability/Indemnification

Any liability arising from the conduct of this project, except as it directly relates to SBA employees or facilities, is solely your responsibility. SBA will not indemnify you or your employees or officers and, with the exception of insurance, no Project Funds may be used to cover costs related to liabilities arising under this Award. For further guidance regarding insurance costs, see 2 C.F.R. Subpart E §200.447.

SBA is not a party to any contracts, subgrants (where permitted), or other agreements between your organization and third parties. SBA will have no involvement in any disputes arising from such agreements. You are liable to SBA for any amounts paid from Project Funds to third parties, which are subsequently determined to have been unallowable or otherwise improper.

1. Adherence to the Approved Budget

Should You receive a single Federal award from this Funding Opportunity in excess of the Simplified Acquisition Threshold, SBA may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for Federal awards in which the Federal share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed ten percent of the total budget as last approved by SBA.

1. Funds from Multiple SBA Awards

If your organization holds any other current financial assistance awards from SBA, you must avoid commingling of funds and overlapping or double-claiming of costs and deliverables among those awards. You must treat each project as separate and discrete with individual reporting, accounting and audit trails.

1. Matching Contributions

No matching contributions are required under this Award.

1. Disposition of Program Income

No Program Income is allowed to be generated under this award.

1. Refunds of Award Expenses

If you receive a refund of FICA/FUTA taxes or other project costs previously paid under this Award, you must immediately report such refund to SBA, regardless of whether the Project Period has ended. The amount of the refund must be remitted to SBA.

1. Financial Stability

In order to continue being entrusted with public funds, Your organization must maintain a sufficient level of financial stability. Examples of failure to maintain sufficient financial stability include, but are not limited to, excessive and/or unresolved indebtedness (whether to the Federal government or other parties), repeated failure to make payroll, and/or operating at a deficit for an extended period of time. Your lack of financial stability may lead SBA to suspend, terminate or decline to renew this and any other Awards You receive from the Agency and may also lead to Your debarment by SBA.

For further guidance regarding enforcement actions SBA may take under this Award, see Part III

(A) (18) above. For further guidance regarding debarment, see 2 C.F.R. Parts 180 and 2700.

10. Payment

In accordance with 2 C.F.R. § 200.305(b)(6), SBA may withhold payments if You fail to comply with project objectives, Federal statutes, regulations, the terms and conditions of this Award, and/or the program requirements. Additionally, SBA reserves the right to offset any funds payable to You under this Award in order to collect debts or other financial claims the Agency may hold against you under this program or any other SBA program.

For general guidance regarding payments under this Award, see 2 C.F.R. Subpart D § 200.305. You must draw down Federal funds only as needed to meet actual or estimated expenditures for the relevant reporting period. You must avoid accumulating Federal funds in excess of current disbursement needs.

To request payment, you must provide SBA with your bank routing number and account information and submit a signed Standard Form 270 – Request for Advance or Reimbursement (SF-270) and Quarterly Detailed Expenditures Worksheet identifying the actual/proposed use for all requested funds to the GOR, who will review it before forwarding it to the GMS with…