Mini-Grant APPENDIX E Terms and Conditions.pdf

Terms & Conditions for Help America Vote College Program Service Day Mini-Grant Program Funding

Contents

1. Governing Authority & Purpose

a. 2 CFR §200 Requirements

2. General Terms and Conditions

a. Explanation of Grant Award Notification Definitions

b. Administrative Requirements

c. Payments and Financial Management

d. National Policy Requirements

e. Recipient Integrity and Performance

f. Award Monitoring and the Office of Inspector General

g. Conflicts of Interest

h. Terminations Provisions

i. Reporting Requirements

j. Closeout Requirements

1. Federal Awarding Agency, Program, or Federal Award Specific Terms & Conditions

1. Governing Authority & Purpose

The Help America Vote College Program (HAVCP) was established in 2004, and through fiscal year 2009, distributed over $2.3 million to colleges and non-profits to recruit, train and support students serving as poll workers on Election Day. Additionally, in 2023, the EAC introduced the HAVCP Service Day Mini-Grant Program. This Mini-Grant Program is designed to stimulate community action on college campuses and increase the visibility of the EAC’s National Poll Worker Recruitment Day and Help America Vote Day.

The purpose of this grant program is to: 1) Encourage students enrolled at institutions of higher education (including community colleges) to assist State and local governments in the administration of elections by serving as nonpartisan poll workers or assistants; 2) Encourage college students to become cognizant of the elections process and civic education, and to assist in the administration of elections in their community; and

3) Encourage state and local governments to use the services of the students participating in the program.

College Student means any individual enrolled either on a part-time or full-time basis in any undergraduate, graduate, or professional college accredited by an agency recognized by the U.S.

Department of Education in the United States.

a. 2 CFR §200 Requirements Award recipients and sub-recipients must adhere to all applicable federal requirements including Office of Management and Budget (OMB) guidance: Title 2 C.F.R. Subtitle A, Chapter II, Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2

CFR §200).

Section 209 of HAVA states that the EAC does not have the authority to issue any rule, promulgate any regulation, or take any other action which imposes any requirement on any state except to the extent permitted under a specific section of the National Voter Registration Act. The regulations at 2 C.F.R. 200 are government-wide regulations for federal grants. They are not regulations issued or promulgated by the EAC. The EAC and its grantees are subject to these and other government-wide regulations.

2. General Terms and Conditions

a. Explanation of Grant Award Notification Definitions

Assistance Listing Program Title: Categorical title language defined by CFDA

Assistance Type: The method by which the award is provided, i.e., Grant, Cooperative Agreement, or Contract.

Authorized Carryover: Carryover is the unspent balance of funds from prior budget periods that the recipient may request to use in the current budget period for unmet needs for the goals and objectives of the grant.

Award Action Type: Identifies purpose of the document (i.e.: “New” award)

Award Number: A unique, identifying number assigned by the EAC to each application.

Award Type: The assistance category in which funding for this award is provided, i.e., DISCRETIONARY, FORMULA, or BLOCK.

Budget Period Start Date/Budget Period End Date: The complete length of time the recipient is proposed to be funded to complete approved activities.

Catalog of Federal Domestic Assistance Number/Assistance Listing Number (CFDA): Assistance listing detailing public descriptions of federal programs that provide grants, loans, scholarships, insurance, and other types of assistance awards.

Chief State Election Officer: Designated top-level election official that signs and accepts grants on behalf of their entity.

Congressional District of Recipient: Congressional District number related to physical address of grantee.

Mark “n/a” for those which do not apply.

Data Universal Number System (DUNS): A D&B DUNS number is a nine-digit number that is recognized as the universal standard to track businesses worldwide through Sam.gov The transition from DUNS to the Unique Entity Identifier in April 2022 eliminated use of DUNS, though previously made grants will refer to DUNS.

Direct Cost Amount: Amount of expenses directly supporting the grant program.

Employment Identification Number: An entity’s unique nine-digit number that identifies your business for tax purposes.

FAIN: FAIN (Federal Award Identification Number) is the unique identifying number assigned to all federal finance awards. Since October of 2013, the Office of Management and Budget (OMB) has required all Federal Agencies to issue a FAIN for all financial assistance awards or grants.

Federal Award Date: Date when the Federal award is signed by the authorized official of the Federal awarding agency.

Federal Funds Amount: The dollar amount of Federal funds provided to a recipient during the award periods.

Grantee: The legal name of the recipient or name of the primary organizational unit that was identified in the application, state plan or other documents required to be submitted for funding by the grant program.

HAVA Coordinator: Typically, the lead contact within the state election office or Secretary of State office relied up on for executing the activities related to EAC grants.

Improper Payment: (A) means any payment that should not have been made or that was made in an incorrect amount, including an overpayment or underpayment, under a statutory, contractual, administrative, or other legally applicable requirement; and (B) includes— (i) any payment to an ineligible recipient; (ii) any payment for an ineligible good or service; (iii) any duplicate payment; (iv) any payment for a good or service not received, except for those payments where authorized by law;

and (v) any payment that does not account for credit for applicable discounts.

Indirect Cost: The negotiated indirect cost rate agreement (NICRA) or the indirect cost allocation plan approved for the entity. The related amount in proportion to direct cost amount is listed on the NGA.

Non-Federal Dollar Amount/Share (Cost Sharing or Matching): The funds that the recipient is required to contribute to the project, as defined by the program legislation or regulations and/or terms and conditions of the award.

https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update

Non-Federal entity: Non-Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

Offset: Federal offset occurs when grant funds from the Federal government are withheld to settle a debt which the Federal government considers delinquent.

Project Period Start Date/Project Period End Date: A specific interval of time for which Federal funds are being provided from a particular fiscal year to fund a recipient's approved activities and budget. The start and end dates of the budget period are shown in the NGA.

Research & Development: If the award is made under a Research and Development program this identifier will alert the grantee to additional terms and conditions specific to R&D.

Statutory Authority: The legislative action associated with the agency grant awards.

Treatment of Program Income: EAC grantees may earn program income on HAVA awards as permitted in §

200.307. The chosen methodology to apply program income will be ‘Addition’ per EAC guidelines on the Federal Financial Report and related guidance. Grantees are permitted the use of two categorical options for applying their earned and expended program income dollars: Cost sharing (or matching) or within the Federal share of Expenditures. Grantees may choose where to apply the addition method of their program income (as match or federal expenses), however, grantees must remain consistent in chosen method of applying the amounts throughout the life of the grant. Should the grantee choose to apply earned and expended program income as match and subsequently produce over match, the EAC recognizes this as permissible.

Terms and Conditions: Requirements of the award that are binding on the recipient.

Unique Entity Identifier: A unique, identifying number assigned to each recipient for payment purposes.

Entities doing business with the federal government use the Unique Entity ID created in SAM.gov.

b. Administrative Requirements Award recipients and sub-recipients must adhere to all applicable federal requirements including Office of Management and Budget (OMB) guidance: Title 2 C.F.R. Subtitle A, Chapter II, Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2

CFR § 200).

Registration of Unique Entity Identifier (UEI) Number and Taxpayer Identification Number (TIN) in the System for Award Management (SAM):

(a) At the time of application, each applicant must have an active registration in the System for Award Management (SAM) before submitting its application in accordance with 2 CFR part 25, Universal Identifier and System for Award Management. To register in SAM, entities will be required to obtain and create a Unique Entity Identifier (UEI). Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.

(b) Each applicant must maintain an active SAM registration, with current, accurate, and complete information, at all times during which it has an active federal award or an application under consideration by a federal awarding agency.

(c) Each applicant must ensure they complete the Financial Assistance General Representations and Certifications in SAM.

(d) Applicants must provide a valid UEI in its application, unless determined exempt under 2 CFR https://sam.gov/content/entity-registration

25.110, Exceptions.

(e) The Agency will not make an award until the applicant has complied with all SAM requirements including providing the UEI. If an applicant has not fully complied with the requirements by the time the Agency is ready to make an award, the Agency 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.

Federal and EAC Grants Policy Related to Subgrants: Subgrants are allowable when determined as necessary, appropriate, and allocable expenses for HAVA awards. Federal grantees are responsible for ensuring that their subgrantees follow the requirements of their grants. It is incumbent upon the state to make determinations of allowability following the purposes of HAVA and the Cost Principles in 2 CFR §200.400. The grantee must ensure that no payments at the prime or subrecipient level are made that are improper. Grantees must provide the statutory definition of improper payment to subgrantees. The grantee is required to review subgrantee submitted reports for determining their accuracy, propriety, and appropriate use of grant funds. The monitoring of subgrantee compliance with grant program requirements and OMB cost principles is the grantee’s responsibility. Advance payments made to subgrants must be deposited in an interest-bearing account. That interest will be reported to the EAC in the FFR and used for HAVA activities. Grantees must also comply with rules set forth in FFATA for reporting on subgrantees.

Federal Funding Accountability Transparency (FFATA): In accordance with 2 CFR Chapter 1, Part 170 REPORTING SUB-AWARD AND EXECUTIVE COMPENSATION INFORMATION, Prime Awardees awarded a federal grant are required to file a FFATA sub-award report by the end of the month following the month in which the prime awardee awards any sub-grant equal to or greater than $30,000. The reporting requirements are as follows:

• This requirement is for both mandatory and discretionary grants awarded on or after October 1, 2010.

• All sub-award information must be reported by the prime awardee.

• If the initial award is equal to or over $30,000, reporting of sub-award and executive compensation data is required.

• If the initial award is below $30,000 but subsequent grant modifications result in a total award equal toor over $30,000, the award will be subject to the reporting requirements, as of the date the awardexceeds $30,000. If the initial award equals or exceeds $30,000 but funding is subsequently de-obligated such that the total award amount falls below $30,000, the award continues to be subject to the reporting requirements of the Transparency Act and this Guidance.

For more information, go to www.fsrs.gov.

c. Payments and Financial Management Payments: HAVA authorizes grant funding on a discretionary, competitive basis for the Help America Vote College Program (HAVCP).

EAC will authorize the Treasury Department to disburse funding identified in the agreement through the Payment Management System (PMS) to the applicant as an advance to be drawdown as expenses arise. Per 2 CFR §200, the timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-Federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The non-Federal entity must make timely payment to contractors in accordance with the contract provisions. Grantees will be able to request payments as often as practical for their program. Cash and in-kind match expenditures require the same documentation as federal funds under 2 CFR §200.

http://www.fsrs.gov/

Prior Approval: To obtain prior approval you must contact the EAC Grants Office through written communication with budget and narrative justification via HAVCP@eac.gov The following types of requests are examples of actions that require prior approval:

• Significant redirection of funds (i.e., cumulative changes of 25% of total award)

• Capital expenditure (expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life.)

• Major change to the deliverables or activities described in the application.

Single Audit Requirements: Grant recipients that expend $750,000 or more in total Federal awards in a fiscal year must conduct a single or program-specific audit for that year in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and 2 CFR §200, Subpart F. If the recipient expends Federal awards under only one Federal program, it may elect to have a program specific audit if it is otherwise eligible. A recipient that does not expend $750,000 in Federal awards is exempt from the audit requirements for that year. However, it must continue to conduct financial management reviews of its subrecipients, and its records and its subrecipients’ records must be available for review and audit in accordance with 2 CFR §§200.333-200.337 and §200.331(a)(5). Additionally, a recipient acting as a pass-through entity must issue management decisions for audit findings pertaining to the Federal award provided to the subrecipient as required by 2 CFR §200.521 and conduct follow-up on audit findings in a timely manner to ensure that the subrecipient corrects any deficiencies identified in the audit.

Payment Integrity Information Act (PIAA) of 2019: PIIA replaces previous legislation and is primarily intended to improve efforts to identify and reduce Governmentwide improper payments. Grantees are required to assess, prevent and identify Improper Payments. As defined in § 200.428 “Collections of improper Payments” the undersigned is responsible for “the costs incurred by a non-Federal entity to recover improper payments are allowable as either direct or indirect costs, as appropriate. Amounts collected may be used by the non-Federal entity in accordance with cash management standards set forth in § 200.305.”

Grantee must ensure that no payments either at the prime or subrecipient level are made that are improper as defined by the PIAA.

Examples of improper payments include:

• Incorrect amounts, overpayments, underpayments that are made to eligible subrecipients (including inappropriate denials of payment or service, any payment that does not account for credit forapplicable discounts, payments that are for the incorrect amount, and duplicate payments)

• An improper payment includes any payment that was made to an ineligible subrecipient or for an ineligible good or service (as defined in the PIIA), or payments for goods or services not received(except for such payments authorized by law).

• When a grantee’s review is unable to discern whether a payment was proper as a result of insufficient or lack of documentation, this payment must also be considered an improper payment.

d. National Policy Requirements Human Trafficking Provisions: This award is subject to the requirements of Section 106(g) of the “Trafficking Victims Protection Act of 2000” (22 U.S.C.7104). The full text of this requirement is found athttp://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons.

mailto:HAVCP@eac.gov http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons

The undersigned certifies to his or her understanding that this grant is subject to the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) as follows:

I. Provisions applicable to a recipient that is a private entity.

A. You as the recipient, your employees, subrecipients under this award,and subrecipients' employees may not:

1. Engage in severe forms of trafficking in persons during the period of time that theaward is in effect; or

2. Procure a commercial sex act during the period of time that the award is in effect;or

3. Use forced labor in the performance of the award or subawards under theaward.

B. We as the federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:

1. Violates a prohibition in paragraph A of this award term; or

2. Has an employee who violates a prohibition in paragraph A of this award term through conduct that is either:

a. with performance under this award; or

b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)”.

II. Provisions applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is not a private entity–

A. Is determined to have violated an applicable prohibition of paragraph I.A of this award term;or

B. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph I.A of this award term through conduct that is –

1. Associated with performance under this award; or

2. Imputed to you using the standards and due process for imputing conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB 12 Guidelines to Agencies on Government- wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 2200.

III. Provisions applicable to any recipient.

A. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph I A of this award term.

B. Our right to terminate unilaterally that is described in paragraph (1) and (2) of thissection:

1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and

2. Is in addition to all other remedies for noncompliance that are available to us under this award.

C. You must include the requirements of paragraph I A of this award term in any subaward you make to a private entity.

IV. Definitions. For purposes of this award term:

A. “Employee” means either:

1. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or

2. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose service are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

B. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

C. “Private entity”:

1. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR §175.25.

2. Includes:

a. A nonprofit organization, including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b).

b. A for-profit organization. d. “Severe forms of trafficking in persons,”“commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.

§ 7102)

FY19 National Defense Authorization Act (NDAA) Section 889 and subsequent regulation 2 CFR §200.216: Section 889 prohibits grantees from using Federal funds to procure or obtain telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Additionally, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) that is used for the purpose of public safety, security of 16 government facilities, physical security surveillance of critical infrastructure, and other national security purposes is covered equipment under Section 889.

The undersigned certifies, to the best of his or her knowledge and belief, that:

The prohibited telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Additionally, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) that is used for the purpose of public safety, security of 16 government facilities, physical security surveillance of critical infrastructure, and other national security purposes is covered equipment under Section 889.

Whistleblower Protection Act: This award and employees working on this award will be subject to the whistleblower rights and remedies within established 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) as found here:

https://www.law.cornell.edu/uscode/text/41/4712 https://www.law.cornell.edu/uscode/text/41/4712

An employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

The undersigned certifies, to the best of his or her knowledge and belief, that:

This award and employees working on this award will be subject to the whistleblower rights and remedies within established 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) as found here: https://www.law.cornell.edu/uscode/text/41/4712

An employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

Drug-Free Workplace Requirement: Grantee must establish drug-free workplace policies and procedures consistent with the guidance per 2 C.F.R. § 182.200.

The undersigned certifies, to the best of his or her knowledge and belief, that:

Grantee must establish drug-free workplace policies and procedures consistent with the guidance per 2 C.F.R. § 182.200.

Debarment & Suspension (Nonprocurement): Grantee must establish and abide by the guidance set forth in subpart C of 2 C.F.R. Part 180, including lower tier covered transactions.

The undersigned certifies, to the best of his or her knowledge and belief, that:

Grantee must establish and abide by the guidance set forth in subpart C of 2 C.F.R. Part 180, including lower tier covered transactions.

Prohibition of Text Messaging and Emailing While Driving During Official Federal Grant Business:

Grantees, sub recipients, and their grant personnel are prohibited from text messaging while driving a government owned vehicle, or while driving their own privately-owned vehicle during official grant business, of from using government supplied electronic equipment to text message or email when driving.

This compliance is mandatory under the Executive Order 13513, “Federal Leadership on Reducing Text messaging While Driving” October 1, 2009.

The undersigned certifies, to the best of his or her knowledge and belief, that:

http://www.law.cornell.edu/uscode/text/41/4712 http://www.law.cornell.edu/uscode/text/41/4712

Grantees, sub recipients, and their grant personnel are prohibited from text messaging while driving a government owned vehicle, or while driving their own privately-owned vehicle during official grant business, of from using government supplied electronic equipment to text message or email when driving. This compliance is mandatory under the Executive Order 13513, “Federal Leadership on Reducing Text messaging While Driving” October 1, 2009.

Lobbying Disclosure Act [Pub. L. 104-65, December 19, 1995 and 2 U.S.C. 1601, et. seq.]: The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not lessthan $10,000 and not more than $100,000 for each such failure.

e. Recipient Integrity and Performance Reporting of Matters Related to Recipient Integrity and Performance: As outlined in 2 CFR §200 Appendix XII, grantors are to review and consider any information about applicants that is within the Federal Awardee Performance and Integrity Information System (FAPIIS). To facilitate this review, grantees must maintain their active status in SAM.gov. FAPIIS provides confirmation of recipient noncompliance regarding any civil, criminal, or administrative proceedings as defined in 2CRF 200 Paragraph 2 of Appendix XII. This statutory requirement is further defined under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313).

Proceedings About Which You Must Report Submit the information required about each proceeding that:

a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;

b. Reached its final disposition during the most recent five-year period; and

c. Is one of the following:

(1) A criminal proceeding that resulted in a conviction;

(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary https://lobbyingdisclosure.house.gov/lda.pdf fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

(3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment ofeither a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or

(4) Any other criminal, civil, or administrative proceeding if:

(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;

(ii) It had a different disposition arrived at by consent or compromise withan acknowledgment of fault on your part; and

(iii) The requirement in this award term and condition to disclose information aboutthe proceeding does not conflict with applicable laws and regulations.

Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or to affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

f. Award Monitoring and the Office of Inspector General EAC Grantee Audit Selection and the Office of Inspector General: Under the IG Act, the OIG is authorized to conduct audits, inspections, and evaluations of the EAC and its programs. These include annual audits of the EAC’s financial statements as well as periodic audits of recipients of Federal funds distributed by the EAC.

In addition, the OIG receives and investigates complaints of fraud, waste, abuse, and mismanagement in EAC programs or by EAC grant recipients. The OIG maintains an online complaint submission form.

Complaints are taken from EAC employees, EAC grant recipients and any member of the public. Persons making complaints can do so confidentially. Their names will not be released by the OIG without their consent unless the Inspector General determines that it is necessary to do so in the course of the investigation or audit. If presented with information regarding fraud, waste, abuse, or mismanagement of EAC programs or of funding distributed by EAC, complaints may be filed by navigating here:

https://www.eac.gov/inspector-general/file-a-complaint

Site visit: EAC may make site visits to review and evaluate recipient records, accomplishments, organizational procedures, and financial control systems; to conduct interviews; and toprovide technical assistance as necessary.

Desk review: EAC may conduct desk reviews to make limited verifications of recipient compliance with the terms of their award, conduct a review of the recipient’s general management practices, and identify any practice or procedure that may require further scrutiny.

https://www.eac.gov/inspector-general/file-a-complaint

Responding to information requests: Pursuant to 2 CFR §200.336, EAC may request documentation from recipients to monitor the award or to comply with other legal requirements. Failure to make timely responses to such requests may result in award funds being placed on temporary manual hold, reimbursement only, or other remedies as appropriate.

g. Conflicts of Interest Defined in 2 CRF 200 Sections 200.112, the non-Federal entity must disclose in writing any potential conflict of interest to the EAC.

h. Terminations Provisions EAC may suspend or terminate this award in accordance with 2 CFR §200.339 and §200.340 (85 FR 49506, 49559-60). In addition, a recipient may suspend or terminate assistance to one of its subrecipients in accordance with 2 CFR §200.339 and §200.340, provided that such action complies with 2 CFR §200.341. 2 CFR §200.340(a)(2). EAC may initiate termination for cause, or when (based on new evidence) there is a significant question about the feasibility or effectiveness of the intended objective of the award.

i. Reporting Requirements Recipients are required to provide one final federal financial report (FFR) and one final progress report (PR) submitted by email to HAVCP@eac.gov. Final reports are cumulative over the entire award period and consistent with close-out requirements. The final reports are due 120 days after the performance period ends. All reports must be accurate, complete, and submitted on time.

The federal financial report required will be the modified version of the Standard Form 425 (SF-425) used by the EAC for other federal awards. The progress report required will consist of a short narrative, listing of the actual number of college students served, and images demonstrating the Service Day activities undertaken with federal and non-federal matching funds.

Once the grant is awarded, recipients will be expected to have in place data collection and data management policies, processes, and practices that provide assurance that they are reporting high quality performance measure data. Failure to submit accurate, complete, and timely required reports may affect the recipient’s ability to secure future EAC funding.

Financial (FFR) & Progress Report (PR) Dates Final

Reporting Period End Date 1 Year After Date of Award

Report Submission Due Date 120 Days After Project Period End

The undersigned certifies, to the best of his or her knowledge and belief, that:

Grantee must ensure that no payments either at the prime or subrecipient level are made that are improper as defined by the Payment Integrity Information Act of 2019. Improper payment reporting as a grantee reporting requirement including an affirmation that all costs are in accordance with 2 CFR 200.420-mailto:HAVCP@eac.gov

475 and that there are no improper payments as defined in the PIIA.

j. Closeout Requirements EAC will close grants for which a final Federal Financial Report (FFR) and progress report have been submitted within 120 days of receipt of the reports. To successfully close the grant, grantees are required to submit the final FFR and Progress Report.

Upon executing all requested information and documentation for close out of the award, EAC will issue written confirmation that the grant has formally closed.

1. Federal Awarding Agency, Program, or Federal Award Specific Terms & Conditions

Match Requirements: Match requirements are described in the Notice of Availability of Funds, the Additional Terms in the Terms and Conditions, and the Notice of Grant Award. Specific amounts will be indicated along with timelines for identifying allowable match. State and local funds used for match must be different from funds used to meet matching requirements on any other HAVA or other federal grant.

Record Retention: The grant record retention period for each grant payment starts on the day the grantee submits its final Federal Financial expenditure Report (FFR).

The length of the retention period:

(1) Except as otherwise provided, records must be retained for three years from the record retention starting date specified in the paragraph above.

(2) If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later.

Indirect Cost Rate Agreements and Approval: If a grantee intends to claim indirect costs under the grant, the grantee must submit an indirect cost rate proposal to EAC (if not previously negotiated, authorized, and current). Additional EAC guidance may be provided by contacting grants@eac.gov.

Per 2 CFR §200.414 (f): Any non-Federal entity that does not have a current negotiated (including provisional) rate and had never had a negotiated rate, may elect to charge a de minimis rate of 10%of modified total direct costs (MTDC) which may be used indefinitely. No documentation is required to justify the 10% de minimis indirect cost rate. As described in § 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time.

Equipment Disposal: Equipment can be disposed of either collectively as a system or individuallyas components, as follows:

Except as provided in § 200.312(b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair market value in excess of $5,000 may be retained by the non-Federal entity or sold. The EAC is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share mailto:grants@eac.gov

$500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses.

In cases where the titleholder fails to take appropriate disposition actions, the EAC retains the right to direct grantees to take excess and disposition actions.

Grantees can continue to use equipment purchased with HAVA funds for its original purpose for as long as needed, even if the EAC award used to purchase the equipment has been closed. Equipment may also be used for other federally supported activities currently or previously funded by a federal agency.

Additionally, equipment can be traded-in for replacement equipment for the same purposes.

Without prior approval from the EAC, equipment purchased with HAVA funds with a current per unit fair market value of less than $5,000, may be traded-in, sold or scrapped on an as needed basis with no further obligation to the EAC beyond recording disposition in the appropriate equipment inventory log.

The final record retention period for equipment replacement or disposition begins on the date the grantee submits its final Federal Financial Report (FFR) to the EAC and continues for three years. For equipment replacement or disposal after the end of award period, the three-year record retention period begins from the time the equipment is traded-in or disposed of and continues for three additional years.

Additional resources and practices outlining disposition of sensitive equipment will be provided by the EAC on an ongoing basis.

Special Note for Safe Dispensation: States and local jurisdictions should take care to follow state equipment disposal policies and any additional guidelines for disposition of sensitive equipment such as cleansing of electronic devices, etc.

The undersigned certifies, to the best of his or her knowledge and belief, that they will abide by the EAC’s Terms and Conditions outlined above, including the referenced requirements to other applicable regulations, provisions, policies and procedures. And that they are aware that any false, fictitious, or fraudulent information may subject me to criminal, civil or administrative penalties. (U.S. Code, Title 18, section 1001).

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1. Federal Awarding Agency, Program, or Federal Award Specific Terms & Conditions