FY 2019 NOFO Template _BioWatch_FINAL.pdf

DHS NOFO Template – Version 19-01

The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)

BioWatch Program

NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take 4 weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at:

http://www.grants.gov/web/grants/register.html. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission.

A. Program Description

Issued By U.S. Department of Homeland Security (DHS) Countering Weapons of Mass Destruction Office

Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.091

Assistance Listings Title (formerly CFDA Title) Homeland Security BioWatch Program

Notice of Funding Opportunity Title

Biowatch Program: Field Operations & Sample Collection Activities

NOFO Number DHS-19-CWMD-091-Continuation

Authorizing Authority for Program

6 U.S.C. 596 Appropriation Authority for Program

Department of Homeland Security Appropriations Act, 2019, Pub. Law No. 116-6, Title IV, Countering Weapons of Mass Destruction Office, Federal Assistance

Program Type Continuation

Program Overview, Objectives, and Priorities

The BioWatch Program is a cornerstone of the Department of Homeland Security’s (DHS) comprehensive strategy for countering biological terrorism. As a federally managed, locally operated early warning system designed to detect the release of select aerosolized biological agents, the BioWatch Program’s mission is to deploy, sustain, and maintain a national 24x7x365 operational ability to detect and respond to a bioterrorist event.

Program Objectives In accordance with PPD-8, The Department of Homeland Security and the Office of Health Affairs has designed a policy to work with communities around the nation increasing the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from the threats and hazards, and a series of frameworks and plans related to reaching the goal.

The BioWatch Program and PPD-8 share the following elements:

• First, in accordance with the National Preparedness Goal, the BioWatch

Program provides a comprehensive strategy for countering biological terrorism; and

• Next, following the National Preparedness System and the BioWatch Program is a federally managed, locally operated early warning operational capability designed to enhance national preparedness. The program provides an early warning system that detects the release of a select biological agent that may pose a danger to the public health in select jurisdictions.

BioWatch, in accordance with the National Planning Frameworks and Federal Interagency Operational Plans, acts as an early warning system that enhances the security of jurisdictions by providing the needed time to execute their comprehensive concept of operations plans to counter biological terrorism. In addition, the BioWatch Program provides advice and guidance to jurisdictions to develop biological preparedness programs that properly addresses the needed mitigation plans that reduces the negative impacts to a biological attack.

The BioWatch Program is a critical part of an ongoing national effort to build and sustain Public Health preparedness. Through targeted jurisdictional planning and the identification of preventive actions, BioWatch helps the United States develop a capability for response and recovery from a biological agent release.

Performance Metrics

The BioWatch field efforts do not produce analytical data, so there are no formal data quality objectives associated with the field component of the program. However, there are quality objectives associated with the sample collection process, as stated in the BioWatch Field Operations SOP. It is the responsibility of each jurisdiction to ensure that these objectives are being met. If the objectives are not met, the cause shall be investigated and corrective action implemented, if applicable. DHS will conduct the BioWatch Evaluation Program (BWEP) in parallel with the BioWatch Quality Assurance

Program (QAPP), with a focus on adherence to the BioWatch Field Operations SOP.

Quality Assurance audits, conducted as part of the BioWatch Quality Assurance Program, will review a jurisdiction’s adherence to the BioWatch Field Operations SOP and compliance with the Field Operations QAPP. In order to ensure a robust QA / QC program the jurisdictions may be subject to a QA external audit and a QC internal audit (BWEP) during the same cooperative agreement cycle (year).

B. Federal Award Information

Award Amounts, Important Dates, and Extensions Available Funding for the NOFO: $25,553,000

Projected number of Awards (Optional): 30

Period of Performance: 60 months

The current Cooperative Agreement award structure is due to expire in the 2020 award cycle (July, August, and September). However, the BioWatch program mission in its current form of daily filter collection and laboratory analysis will be replaced with Biodetection21 (BD21) in the next 3 – 5 years. BD21 technology will reduce or eliminate the need to continue the Cooperative Agreement program. Due to the uncertain timeline of BD21 implementation, the purpose of this NOFO is to extend the current Cooperative Agreement program structure for an additional 5 years to 2025. This extension will allow sufficient time for the jurisdictions to plan for the drawdown of the BioWatch program and the further development of and transition to BD21.

Projected Period of Performance Start Date(s): July 1, August 1, September 1 and

October 1, 2019 as appropriate

Projected Period of Performance End Date(s): June 30, July 31, August 31, September 30, 2024 as appropriate

Funding Instrument

Cooperative Agreement

Substantial Involvement

Federal role will qualify as substantial involvement in that the BioWatch Program actively tracks the progress and status of awardees, reviews/approves all program materials. The recipient will be required to maintain close and regular interaction with the BioWatch Program, including:

A. DHS will provide technical assistance in reference to the most recent version of the Standard Operating Procedures (Field Operations SOP), including the technologies being evaluated in the program, Recipient’s security procedures, network design and collector siting;

B. DHS BioWatch Program Officer will provide technical guidance, assistance, and direction in the form of email and teleconferences (to include regularly scheduled teleconferences), as the BioWatch Program Officer deems necessary;

C. DHS will maintain the BioWatch Portal for recipient reporting and Program information;

D. DHS will review and provide a final determination for changes requested in collector network design and siting;

E. DHS will provide national guidance for notification protocols and post-BioWatch Actionable Result (BAR) activities;

F. DHS will notify the Recipient when National Special Security Events, (NSSEs), Special Event Assessment Rating Level I events, and/or increased sampling is required for periods of elevated security threat;

G. DHS will provide the Recipient the opportunity to comment on any proposed changes to the Field Operations SOP. If these documents are revised, the Recipient will be notified by the DHS Grants Officer 60 days prior to the effective date of the implementation; and

H. DHS will review and provide approval or comments on any feedback from the applicant regarding findings of the annual BioWatch Evaluation Program (BWEP).

C. Eligibility Information

Eligible Applicants This is a continuation NOFO

Eligibility Criteria At this time, only previous recipients are eligible to apply to this continuation NOFO.

Other Eligibility Criteria N/A

Maintenance of Effort (MOE) N/A

Cost Share or Match No Cost share or Match required

D. Application and Submission Information

Key Dates and Times

Date Posted to Grants.gov: 04/29/2019

Application Submission Deadline: 05/24/2019, 11:59 P.M. EDT, via GrantSolutions extension may be approved upon email request

Anticipated Funding Selection Date: 06/14/2019

Anticipated Award Date: 06/28/2019 - budget period start dates will coincide with current budget end dates.

Other Key Dates (If applicable).

Address to Request Application Package

Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grants.gov , select “Applicants” then “Apply for Grants.” In order to obtain the application package select “Download a Grant Application Package.” Enter the Assistance Listings (formerly CFDA) and/or the funding opportunity number located on the cover of this NOFO, select “Download Package,” and then follow the prompts to download the application package.

For a hardcopy of the full NOFO, please email a request to: marsha.mathis@hq.dhs.gov

In addition, the following Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is: (866) 577-0771 (GrantSolutions Help Desk).

Applications will be processed through the GrantSolutions system

Content and Form of Application Submission

Application will consist of Non-competing continuation application kit as distributed by GrantSolutions system.

Event Suggested Deadline For Completion Obtaining DUNS Number Four weeks before actual submission deadline Obtaining a valid EIN Four weeks before actual submission deadline

Updating SAM registration Four weeks before actual submission deadline

Starting application in GrantSolutions One week before actual submission deadline

Unique Entity Identifier and System for Award Management (SAM)

All applicants for this award must:

1. Be registered in SAM before submitting its application;

2. Provide a valid DUNS number in its application; and

3. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency.

DHS may not make a federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time DHS is ready to make a federal award. DHS may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Electronic Delivery

DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages applicants to submit their applications online through Grants.gov.

How to Register to Apply through Grants.gov (N/A FOR BIOWATCH

CONTINUATION APPLICATIONS)

1. Instructions: Read the instructions below about registering to apply for DHS funds.

Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required application submission deadlines.

Organizations must have a Data Universal Numbering System (DUNS) Number, active System for Award Management (SAM) registration, and Grants.gov account to apply for grants.

If individual applicants are eligible to apply for this grant funding opportunity, refer to: https://www.grants.gov/web/grants/applicants/registration.html

Organization applicants can find complete instructions here:

https://www.grants.gov/web/grants/applicants/organization-registration.html

2. Obtain a DUNS Number: All entities applying for funding, including renewal funding, must have a Data Universal Numbering System (DUNS) number from Dun & Bradstreet (D&B). Applicants must enter the DUNS number in the data entry field labeled "Organizational DUNS" on the SF-424 form.

For more detailed instructions for obtaining a DUNS number, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html

3. Register with SAM: In addition to having a DUNS number, all organizations applying online through Grants.gov must register with the System for Award Management (SAM). Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually.

For more detailed instructions for registering with SAM, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html

4. Create a Grants.gov Account: The next step in the registration process is to create an account with Grants.gov. Applicants must know their organization's DUNS number to complete this process.

For more information, follow the on-screen instructions or refer to:

https://www.grants.gov/web/grants/applicants/registration.html

5. Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all of your grant applications. To add an organizational profile to your Grants.gov account, enter the DUNS Number for the organization in the DUNS field while adding a profile.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/add-profile.html

6. EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, the organization applicant's request for Grants.gov roles and access is sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and authorize the appropriate roles, which may include the Authorized Organization Representative (AOR) role, thereby giving you permission to complete and submit applications on behalf of the organization. You will be able to submit your application online any time after you have been assigned the AOR role.

For more detailed instructions about creating a profile on Grants.gov, refer to:https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html

7. Track Role Status: To track your role request, refer to:

https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

8. Electronic Signature: When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature.

The EBiz POC must authorize individuals who are able to make legally binding commitments on behalf of the organization as an AOR; this step is often missed and it is crucial for valid and timely submissions.

How to Submit an Application to DHS via Grants.gov (N/A FOR BIOWATCH

CONTINUATION APPLICATIONS)

Grants.gov applicants can apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different Webforms within an application. For each Notice of Funding Opportunity, you can create individual instances of a workspace.

Below is an overview of applying on Grants.gov. For access to complete instructions on how to apply for opportunities using Workspace, refer to:

https://www.grants.gov/web/grants/applicants/workspace-overview.html

1. Create a Workspace: Creating a workspace allows you to complete it online and route it through your organization for review before submitting.

2. Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission.

3. Adobe Reader: If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace so that they will appear similar to other Standard or DHS forms. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at:

https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html

4. Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application.

5. Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and DUNS number.

To trigger this feature, an applicant must complete the SF-424 information first.

Once it is completed, the information will transfer to the other forms.

6. Submit a Workspace: An application may be submitted through workspace by clicking the “Sign and Submit” button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least 24- 48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.

7. Track a Workspace: After successfully submitting a workspace package, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the Confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace.

For additional training resources, including video tutorials, refer to:

https://www.grants.gov/web/grants/applicants/applicant-training.html

Applicant Support: Grants.gov provides applicants 24/7 support via the toll-free number 1- 800-518-4726 and email at support@grants.gov. For questions related to the specific grant opportunity, contact the number listed in the application package of the grant you are applying for.

If you are experiencing difficulties with your submission, it is best to call the Grants.gov Support Center and get a ticket number. The Support Center ticket number will assist DHS with tracking your issue and understanding background information on the issue.

Timely Receipt Requirements and Proof of Timely Submission

Online Submissions. All applications must be received by Midnight <select Eastern Standard Time or Eastern Daylight Time> on the due date established for each program.

Proof of timely submission is automatically recorded by Grants.gov. An electronic date/time stamp is generated within the system when the application is successfully received by Grants.gov. The applicant with the AOR role who submitted the application will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of their application. This applicant with the AOR role will also receive the official date/time stamp and Grants.gov Tracking number in an email serving as proof of their timely submission.

When DHS successfully retrieves the application from Grants.gov, and acknowledges the download of submissions, Grants.gov will provide an electronic acknowledgment of receipt of the application to the email address of the applicant with the AOR role who submitted the application. Again, proof of timely submission shall be the official date and time that Grants.gov receives your application. Applications received by Grants.gov after the established due date for the program will be considered late and will not be considered for funding by DHS.

Applicants using slow internet, such as dial-up connections, should be aware that transmission can take some time before Grants.gov receives your application. Again, Grants.gov will provide either an error or a successfully received transmission in the form of an email sent to the applicant with the AOR role. The Grants.gov Support Center reports that some applicants end the transmission because they think that nothing is occurring during the transmission process. Please be patient and give the system time to process the application.

Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See https://www.archives.gov/federal-register/codification/executive-order/12372.html;

https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf).

Funding Restrictions

N/A Management and Administration (M&A) Costs.

N/A

Indirect Facilities & Administrative (F&A) Costs.

Indirect costs are applicable based on a negotiated indirect cost rate agreement.

Other Submission Requirements

Due to the operational nature of this cooperative agreement, no Project Abstract or Project Narrative is required unless there is a request for a change in locations of amount of PSUs. On the required forms for Project Abstract and Project Narrative in Grants.gov enter the phrase: Not required.

E. Application Review Information

Application Evaluation Criteria Prior to making a federal award, the OPO Grants and Financial Assistance Division is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB-designated repositories of government wide eligibility qualification or financial integrity information. Therefore, application evaluation criteria may include the following risk based considerations of the applicant:

1. Financial stability.

2. Quality of management systems and ability to meet management standards.

3. History of performance in managing federal award.

4. Reports and findings from audits.

5. Ability to effectively implement statutory, regulatory, or other requirements.

The DHS BioWatch Program Office and the Grants and Financial Assistance Division review the applications.

Cost share or matching funds are not required nor considered as part of the review criteria.

Review and Selection Process

Supplemental Financial Integrity Review If the anticipated federal share of a federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-18.pdf):

i. Prior to making a federal award with a total amount of federal share greater than the simplified acquisition threshold, DHS is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS).

ii. An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM.

iii. DHS will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.205 federal awarding agency review of risk posed by applicants.

F. Federal Award Administration Information

Notice of Award

The AOR and the Program Manager will be notified by email from the DHS Grants Officer containing the Notice of Award (NOA) cooperative agreement cover page, terms and conditions and all attachments.

Administrative and National Policy Requirements

All recipients are required to follow the attached Field Operations SOP, maintenance procedures and QAPP.

All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at:

DHS Standard Terms and Conditions

The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made, unless the application is for a continuation award. In that event, the terms and conditions in effect at the time the original award was made will generally apply. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award.

Before accepting the award, the AOR should carefully read the award package for instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any special terms and conditions in the Notice of Award to receive an award under this program.

Reporting

Quarterly Federal Financial Report (FFR) is required. The Federal Financial Reporting Form (FFR) is available online at:

Federal Financial Reporting Requirements.

The Federal Financial Reporting Form (FFR) is available online at:

https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

Program Performance Reporting Requirements.

A quarterly Program Performance Report is required.

The report must include any exceptions that occurred during the year and a statement that daily/weekly/monthly reports have been posted to the BioWatch Portal.

Additional Reporting Requirements Cooperative Agreement recipients shall submit the following reports required by the BioWatch Field Operations SOP and the BioWatch Field Operations Maintenance Annex to the BioWatch Portal:

List of field personnel Collector inventory Special events list Exception reports Maintenance logs Operations and Maintenance reports Quarterly repair parts purchased reports Annual program reports

In addition, Cooperative Agreement recipients shall submit Corrective Action Plans in response to BWEPs and QA audits and as directed by the Director for BioWatch Field Operations.

Close Out Reporting Requirements.

Within 90 days after the end of the period of performance, or after an amendment has been issued to close out a grant, whichever comes first, recipients must submit a final FFR and final progress report detailing all accomplishments and a qualitative summary of the impact of those accomplishments throughout the period of performance.

If applicable, an inventory of all construction projects that used funds from this program must be reported with the final progress report.

After these reports have been reviewed and approved by OPO Grants and Financial Assistance Division, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for three years from the date of the final FFR.

The recipient is responsible for returning any funds that have been drawn down but remain as unliquidated on recipient financial records.

Disclosing Information per 2 C.F.R. § 180.335 This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient enters into a grant award with a federal agency, the recipient must notify the federal agency if it knows if any of the recipient’s principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335. At any time after accepting the award, if the recipient learns that any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to the federal agency in accordance with 2 C.F.R. § 180.350.

G. DHS Awarding Agency Contact Information Contact and Resource Information

CAPT Dan Yereb Director for BioWatch Field Operations Countering Weapons of Mass Destruction Office Department of Homeland Security O 202-254-5726 Daniel.yereb@hq.dhs.gov

Marsha Mathis Grants Officer marsha.mathis@hq.dhs.gov

H. Additional Information

Extensions

Rare budget period extensions are considered upon request for no more than two to three months.

Disclosure

Risk Assessment Evaluation

DHS staff will evaluate the risks to the program posed by each applicant, including conducting due diligence to ensure an applicant’s ability to manage federal funds. This evaluation is in addition to the evaluation of the applicant’s eligibility and the quality of its application on the basis of the Selection Criteria, and results from this evaluation may assist funding decisions. If an award is made, DHS may apply special conditions that correspond to the degree of risk of the award.

In evaluating risks, DHS may consider the following:

Financial stability;

Quality of management systems and ability to meet the management standards prescribed in applicable OMB Guidance;

Applicant’s record in managing previous DHS awards, cooperative agreements, or procurement awards, including:

1. Timeliness of compliance with applicable reporting requirements

2. Accuracy of data reported

3. Conformance to the terms and conditions of previous federal awards

4. If applicable, the extent to which any previously awarded amounts will be expended prior to future awards

5. Information available through OMB-designated repositories of government-wide eligibility qualification or financial integrity information, such as: Federal Awardee Performance and Integrity Information System (FAPIIS), Duns and SAM

6. Reports and findings from single audits performed under Subpart F – Audit Requirements, 2 C.F.R. Part 200 and findings and reports of any other available audits

7. Applicant organization’s annual report

8. Publicly available information, including information from the applicant organization's website

9. Applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on award recipients.

In addition, organizations who have not received prior DHS Grants and Financial Assistance Division (GFAD) awards may be required to complete a risk assessment questionnaire as part of the pre-award financial and administrative review.

Applicant Disclosure of High Risk Status

Applicants are to disclose if they are currently designated as high risk by a federal awarding agency. This includes, but is not limited to, any status requiring additional oversight by a federal awarding agency due to past programmatic, administrative or financial concerns. If an applicant is designated as high risk by a federal awarding agency, it should provide an explanation with the application package and include the following information:

The federal awarding agency that assigned the high risk status;

The federal awarding agency’s point of contact for the risk status, including name, phone number and email address;

Date of the risk status designation;

Reason(s) for the risk status.

DHS seeks this information to ensure appropriate federal oversight of all grant awards.

The disclosure of an organization’s risk status does not disqualify it from receiving an award; however additional grant oversight may be required. If necessary, this information will be provided in the award documentation. Failure to disclose high risk status may result in award termination or other remedies.