PTAP General Terms and Conditions Version 1_5.pdf

Procurement Technical Assistance Program General Terms and Conditions

Version 1.5 Issued July 2021

Page 2 of 81 PTAP General Terms and Conditions – Version 1.5

PREAMBLE

Order of precedence. These general terms and conditions will not take precedence over any Federal statute or Federal regulation published in the Code of Federal Regulations (CFR). The order of precedence of sources of requirements, if applicable to your award, is as follows:

Federal statutes; Federal regulations in the CFR; OMB guidance in the CFR, at 2 CFR Part 200;

award-specific terms and conditions; these general terms and conditions.

Process for improvement. Except for Part 10, “For-Profit Recipients,” these general terms and conditions are designed to conform to OMB guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” published at 2 CFR Part 200 and implemented by DoD at 2 CFR Part 1103. If a conflict arises between these general terms and conditions and any requirement in Federal statute, Federal regulation in the CFR, or OMB guidance at 2 CFR Part 200, please contact the awarding office so that we may resolve the conflict. As recipients gain operating experience with these general terms and conditions, we may find areas requiring clarification or correction. By you alerting us to potential issues, it will help us improve both these general terms and conditions and DoD’s regulatory implementation of the OMB guidance at 2 CFR Part 200.

Use of plain language. These general terms and conditions use plain language to communicate requirements, including personal pronouns “you” to denote the recipient and “we” or “us” to denote the PTAP program office.

Page 3 of 81 PTAP General Terms and Conditions – Version 1.5

TABLE OF CONTENTS

PART 1: DEFINITIONS

PART 2: PROGRAM REQUIREMENTS

PART 3: NATIONAL POLICY REQUIREMENTS (NP Articles)

I. Nondiscrimination national policy requirements

II. Environmental national policy requirements

III. Other national policy requirements

PART 4: FINANCIAL AND PROGRAM MANAGEMENT (FMS Articles)

I. Financial management system standards

II. Payments

III. Allowable costs, period of availability of funds, and fee or profit

IV. Revision of budget and program plans

V. Non-Federal audits

VI. Cost sharing or matching

VII. Program income

PART 5: PROPERTY ADMINISTRATION (PROP Articles)

I. Title to property

II. Property management system

III. Use and disposition of real property

IV. Use and disposition of equipment and supplies

V. Intangible property

PART 6: PROCUREMENT PROCEDURES (PROC Articles)

I. Procurement standards for States

II. Procurement standards for institutions of higher education, nonprofit organizations, local governments, and Indian tribes

III. Contract provisions for recipient procurements

PART 7: FINANCIAL, PROGRAMMATIC, AND PROPERTY REPORTING (REP Articles)

I. Performance management, monitoring, and reporting

II. Financial reporting

III. Reporting on property

IV. Reporting on subawards and executive compensation

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PART 8: OTHER ADMINISTRATIVE REQUIREMENTS (OAR Articles)

I. Submitting and maintaining recipient information

II. Records retention and access

III. Remedies and termination

IV. Claims, disputes and appeals

V. Collection of amounts due

VI. Closeout

VII. Post-closeout adjustments and continuing responsibilities

PART 9: REQUIREMENTS RELATED TO SUBAWARDS (SUB Articles)

I. Distinguishing subawards and procurements

II. Pre-award and time of award responsibilities

III. Informational content of subawards

IV. Financial and program management requirements for subawards

V. Property requirements for subawards

VI. Procurement procedures to include in subawards

VII. Financial, programmatic, and property reporting requirements for subawards

VIII. Other administrative requirements for subawards

IX. National policy requirements for subawards

X. Subrecipient monitoring and other post-award administration

XI. Requirements concerning subrecipients’ lower-tier subawards

XII. Fixed-amount subawards

PART 10: FOR-PROFIT RECIPIENTS (FPR Articles)

I. Definitions

II. Program requirements

III. National policy requirements

IV. Financial and program management

V. Property administration

VI. Procurement procedures

VII. Financial, programmatic, and property reporting

VIII. Other administrative requirements

IX. Requirements related to subawards

Appendix A - DLA Form 1806

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PART 1: DEFINITIONS (May 2016)

Section A. Purpose of this part. This part provides definitions of terms used in these general terms and conditions.

Section B. Precedence of definitions of terms in national policy requirements.

Some portions of these general terms and conditions use a term in relation to compliance with a national policy requirement in a statute, Executive order, or other source that defines the term differently than Section D of this part. For purposes of that particular national policy requirement, the definition of a term provided by the source of the requirement and any regulation specifically implementing it takes precedence over the definition in this part.

For the purpose of determining eligibility for an award under the Procurement Technical Assistance Cooperative Agreement Program, the definitions in 10 U.S.C. 2411 take precedence over the definitions in this part.

Section C. Definitions of terms used in the Governmentwide cost principles or single audit requirements.

1. These general terms and conditions incorporate by reference the provisions of:

a. The implementation of the Single Audit Act requirements for audits of recipients and subrecipients that are in Subpart F of OMB guidance in 2 CFR Part 200;

b. The Governmentwide cost principles for institutions of higher education, nonprofit entities, States, local governments, and Indian tribes that are contained in Subpart E of OMB guidance in 2 CFR Part 200; and

c. The cost principles for for-profit entities at subpart 31.2 of the Federal Acquisition

Regulation (FAR) at 48 CFR Part 31, as supplemented by provisions of the Defense Federal Acquisition Regulation Supplement (DFARS) at subpart 231.2 of 48 CFR Part 231.

2. This part includes the definition of a term used in any of the issuances listed in paragraph 1 of this Section only if these terms and conditions use that term directly. If the only usage is indirect--i.e., through an issuance incorporated by reference--then this part will not include a definition and you should consult definitions in:

a. Subpart A of the OMB guidance in 2 CFR Part 200 for terms used in Subparts E and

F of that Part; and

b. FAR Part 2 (48 CFR Part 2) for terms used in the cost principles at 48 CFR Part 31.

Section D. Definitions.

This award incorporates the definitions at 2 CFR Part 1108.

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PART 2: PROGRAM REQUIREMENTS (June 2021)

Section A. Purpose of this award. You must establish and maintain a Procurement Technical Assistance Center (PTAC) with physical location(s) to serve as a resource for large and small businesses to obtain procurement technical assistance. Procurement technical assistance means professional, specialized assistance provided to clients that enables them to identify potential contractual opportunities and obtain or perform under contracts, innovation and technology grants, and other DoD-funded instruments, with DoD, other Federal agencies, State and/or local governments, and with Federal, State and/or local government contractors. Clients may include any business pursuing or performing these types of contracts or subcontracts at any tier. As used in this part, the terms “State” and “local government” have the meanings provided in 10 U.S.C. 2411. Procurement technical assistance consists of, but is not limited to, the counseling services described in this part.

Innovation and technology grants refer to awards issued pursuant to the Small Business Innovation Research and/or Small Business Technology Transfer programs. You must collaborate with DoD and other Federal agencies and work cooperatively with them to accomplish the work under this award. You must not limit services to businesses based solely on business size, time in business, or number of employees.

Section B. Assistance to small business. You must make a concerted effort to seek out and assist small business concerns, Small Disadvantaged Businesses concerns (SDB), Women- Owned Small Businesses concerns (WOSB), HUBZone small business concerns, and Service- Disabled Veteran-Owned Small Business concerns (SDVOSB). These terms are defined in Part 2 of the FAR.

Section C. Methods and procedures.

1. Outreach effort. You must have ongoing outreach procedures in place to make the public aware of your PTAC. Advertising costs for this purpose are allowable (refer to 2 CFR

200.421 or 48 CFR 31.205-1, as applicable). Information you disseminate through your outreach efforts must include:

a. The types of assistance you offer to clients;

b. What is required to become your client; and

c. Information about events, including workshops, seminars, or other training, that you plan to offer or participate in.

2. Counseling Services. You must provide your clients with counseling and information regarding marketing their products and services to DoD, other Federal agencies, and State and local governments. You must provide this one-on-one counseling service free of charge.

You must assist, as appropriate, your clients with understanding Federal, State and local government requirements applicable to contracting for services, manufacturing, construction or other markets. PTAC client data should usually only be used to comply with the award’s terms and conditions and to support the client in areas related to their desire and capacity to

Page 7 of 81 PTAP General Terms and Conditions – Version 1.5 pursue government contract opportunities. This may include, but is not limited to, sending lists inclusive of client contact and capability information to government procurement offices and government prime contractors in response to their market survey requests. The following are core services you must offer:

a. Identifying marketing opportunities and techniques for clients consistent with the client’s products and services. Marketing techniques may include advice and assistance on contents of capability statements and business cards used to market to government agencies, and how to find and approach government agencies and government prime contractors.

b. Advising and assisting clients in the preparation and proper submission of applications, certifications, registrations, bids, and proposals etc. to prepare them for doing business with Federal, State and local government entities.

c. Advising and assisting clients concerning post-award functions.

d. You must advise and assist clients in pursuing and securing subcontracting opportunities from Federal, State and local government prime contractors and subcontractors at any tier.

e. As a minimum, the PTAC must make available, advice and assistance on the following topics at no-cost to businesses:

i. Federal, State and local government contracting laws, policies and procedures. Emphasis must be placed on requirements and procedures used by DoD and other Federal agencies, including registration in systems such as the System for Award Management (SAM).

ii. The DoD Mentor-Protégé Program (MPP) and similar Government programs.

iii. Accounting system requirements and contract payments;

iv. The Procurement Integrated Enterprise Environment (PIEE) and Wide Area Work Flow

(WAWF)

v. Subcontracting;

vi. DLA Internet Bid Board System (DIBBS)

vii. Small Business (SB) Innovative Research (SBIR) / SB Technology Transfer (STTR)

viii. Existing federal government and DoD cybersecurity regulation compliance; including the Cybersecurity Maturity Model Certification (CMMC) process. PTACs are also encouraged to refer businesses to Project Spectrum for additional assistance with cybersecurity preparedness. (projectspectrum.io)

ix. Obtaining federal contract data from data repositories (e.g. SAM.gov)

x. Finding federal procurement opportunities using SAM

xi. Business size and type (socioeconomic) certifications

f. You may charge businesses exhibitor, sponsorship, and advertising fees for specific outreach events to generate program income when that activity does not conflict or interfere with the PTAP’s purpose and intent. The focus must remain on maximizing quality service to clients and not on generating income. You must make it clear to clients that optional, fee-based, services are optional and not required to receive other no-cost services. You may charge up to $50 per month ($600 per year) for each subscription type service, such as electronic bid match delivery. You may charge for optional customized reports that provide clients with

Page 8 of 81 PTAP General Terms and Conditions – Version 1.5 historical contract data. You must limit charges to event attendees to the minimum amount anticipated necessary to cover the facilities and food costs of that event. PTACs must collaborate with each other to minimize expenses and maximize value to the program. When charging another PTAC is necessary, you may only charge the actual cost experienced by the hosting recipient (e.g. PTAC 1 hosts an event at their location and charges exhibitor fees of $100, which includes tables PTAC 1 owns and paid labor services to set up the table; PTAC 1 may only charge PTAC 2 the actual cost of the setup labor). The gross program income generated must be reported, see FMS Article VII for more information.

3. You must include links on the PTAC website to help prospective and active clients find information needed to contract with local, state, and Federal government. (e.g. Defense Pricing and Contracting, Acquisition.gov, SBA, SBIR/STTR, Assist.dla.mil, DHS/FEMA, SAM, DIBBS, PIEE, WAWF, projectspectrum.io, etc…)

4. You must operate within the scope of this award. Procurement technical assistance does not include:

General business training or financial assessments including assistance with business plans or marketing, except marketing to the government. For example, you must not offer clients training, advice, or assistance on topics such as access to loans, human resources, hiring, retention, health care, quality certifications, Lean, Six Sigma, or manufacturing, except where the assistance specifically relates to compliance with Federal, State and/or local government-specific contract requirements.;

a. Assistance to Pre-startup or newly started businesses unless they satisfy the overarching requirement that their potential for success in government contracting in the near term is apparently only limited due to lack of registration in SAM and/or understanding of the government contracting process.

b. Acting as the client’s representative. (e.g. you must not call a contracting officer and assert that you speak for the client, or call a help desk and act as if you are the client.) You must always maintain your role as an advisor to, and not a representative of, the client). However, PTACs may facilitate information exchanges (e.g. you may send client(s)’ contact and capability information to government, government prime contractors, or subcontractors when they request a list of potentially interested suppliers, you may make introductions in-person, or participate in three-way conversations among clients, government or prime contractors); or

c. Employee development related training (e.g., vocational type training, basic writing skills, program management) for client personnel.

d. The PTAC may counsel clients regarding their rights to file protests and claims, including the applicable time limits and venues for these processes. The PTAC must not advise or participate in clients’ decisions to protest or file claims. Once a client has filed a protest or claim, the PTAC must not provide further counseling on matters that are the subject of the specific protest or claim.

Section D. Resources. You must maintain the resources necessary to carry out the program.

As a minimum, these resources must consist of:

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1. Personnel.

a. Program Manager. You must have a Program Manager (PM) employed on a full- time basis

(i.e., must devote 100% of his/her time to the PTAC). The PM must direct and administer the operations of the PTAC and must have full authority to make expenditures under the PTAC’s budget as well as to manage the program activities. The PM is considered key to the effectiveness of the PTAC in meeting its objectives and must have appropriate management qualifications and a thorough understanding of the requirements of this award. The PM should also have knowledge and understanding of Federal, State and local government contracting policies and procedures gained from direct experience and/or formal training.

The PM is required to receive a minimum of 40 hours of management, leadership, and/or contracting training each year. The PM will be the PTAP program office’s primary point of contact. Any individual listed in the SF424 may be contacted as a secondary point of contact.

b. PTAC Staff including Subrecipients. Except for personnel whose duties do not include counseling or training clients, you must employ personnel consisting of individuals who are qualified to counsel and advise business firms/clients on how to seek, obtain and perform on Federal, State and local government prime contracts and subcontracts). These employees must remain current in their knowledge of Federal, State and local government contracting laws, regulations, policies and procedures. In addition to technical competency, they must have interpersonal skills and counseling abilities such as translating government contracting requirements into plain language, teaching clients how to do things for themselves, and able to foster the trust of the client through listening, empathy, and their willingness to assist. You must have appropriate professional development and training programs in place to address this requirement; ensure employees receive training from a variety of sources, and report training achievements to the PTAP program office (Grants Officer):

i. Full-time personnel are required to obtain 40 hours of training per year on Federal contracting laws, regulations, systems, and procedures, a minimum of 20 of those hours must be from a Federal source (including Federal employees presenting at non-federal venues, and virtual training such as that offered at DAU.mil and via SBA webinars). They are also encouraged to additionally obtain a minimum of 20 hours of training in the areas of interpersonal skills or counseling.

ii. Part-time employees charging 20 or more hours per week to the PTAC must obtain 20 hours of training per year on Federal contracting laws, regulations, systems, and procedures, a minimum of 10 of those hours must be from a Federal source (including Federal employees presenting at non-federal venues, and virtual training). These personnel are also encouraged to additionally obtain a minimum of 20 hours of training in the areas of interpersonal skills and counseling.

iii. Part-time employees charging fewer than 20 hours per week to the PTAC must obtain 10 hours of training per year on Federal contracting laws, regulations, systems, and procedures, a minimum of 5 of those hours must be from a Federal source (including Federal employees presenting at non-federal venues, and virtual training).

iv. Hours of training are calculated according to actual hours participating in the training (i.e. an 8-hour training day may include 7 hours of training and 1 hour for lunch so 7 hours of

Page 10 of 81 PTAP General Terms and Conditions – Version 1.5 training should be credited if the employee participated in the entire session)

You must fill any vacant positions included in your approved budget promptly.

With the exception of clerical personnel, you must maintain resumes and evidence of training compliance for all recipient and subrecipient personnel that are charged to the program. The training log available on the Resources for PTACs web page contains the minimum data that must be maintained and reported. Customer relationship management software (i.e.

Neoserra, PTAssist, etc..) reports that meet the minimum requirement are also acceptable.

You must require personnel, including those of subrecipients and consultants, to adhere to a code of generally accepted standards of professional conduct. Personnel must perform their PTAC duties with ethics and integrity and avoid any real or perceived conflict of interest.

Recipients with PTAC employees, subaward personnel, or consultants who perform labor for more than one PTAC must report details of the work performed for or sold to other PTACs.

PTACs should usually invest in full- time employees. Costs of consultants must not exceed 10% of the total program cost.

2. Facilities. You and any subrecipients, as applicable, must have a facility(s) for providing assistance to clients that is readily identifiable as a PTAC by signage and easily accessible to the public. At a minimum, PTAC location(s) must be open to the public during the normal business hours of the recipient organization. You must be able to provide various methods of counseling in a confidential environment but must not have extravagant or excessive facilities or facility costs that are beyond the type generally recognized as ordinary and necessary for the operation of a PTAC. PTACs may employ a strategy incorporating some employees who work remotely some or all of the time.

3. Website, Social Media, and email.

a. You must maintain a website that prominently includes identification as a PTAC and provides, at minimum:

i. A description of the services offered by the PTAC;

ii. Email and phone point of contact for potential PTAC clients;

iii. The PTAC’s service area (e.g., list of counties serviced);

iv. Links to government regulations and other contracting-related sites (e.g. Defense Pricing and

Contracting, Acquisition.gov, SBA, SBIR/STTR, Assist.dla.mil, DHS/FEMA, SAM, DIBBS, PIEE, WAWF, projectspectrum.io, etc…)

v. PTAC events and other events of potential interest to clients. PTAC-affiliated events, those events that incur any expense to the PTAC award, must indicate the PTAC’s participation (e.g. hosted by PTAC, PTAC and MEP partnership, co-hosted by PTAC and GSA, etc...)

1. Your website may be a standalone website, or may consist of a dedicated, PTAC- specific web page that is separate and distinct, but accessible via a link from the recipient organization’s website. When the PTAC is referenced on other than the PTAC-specific web page, this statement must be used: “The Procurement Technical Assistance Center is funded in part through a cooperative agreement with the Department of Defense”. You must share

Page 11 of 81 PTAP General Terms and Conditions – Version 1.5 the URL for the webpage feedback form on the PTAC web page. The URL is:

https://www.dla.mil/SmallBusiness/PTAPFeedback/

The recipient must ensure their websites do not create the impression that the PTAC is part of any other Federal program and must not create the appearance that the PTAC is affiliated in any way with any non-DoD Federal agency. (e.g. Powered by SBA, PTAC employees listed among employees of other Federal programs as if PTAC is part of the other program(s))

b. The PTAC must have a social media account on LinkedIn and should also have a presence on other social media platforms determined to reach the target market for PTAC services. This is a form of outreach and advertising of PTAC services. The social media account content must be managed by the PTAC PM or one of his/her employees such that postings can be made quickly and with content determined appropriate by the PM to further the objectives of the PTAC and no other program. Social Media accounts must meet the requirements listed in Section E.

c. In addition to person specific email addresses, you must establish an email address for the PTAC that is not tied to a specific person. For example, PTAC@non-profit.org

Email and other correspondence generated by recipient and subrecipient employees must include clear information identifying them as PTAC employees when performing activities that are covered by the cooperative agreement (i.e. email signature line, signature block, etc…). The employee’s signature block may also include the name of the recipient or subrecipient listed on the award and must not include the name or acronym of another federal assistance program such as Small Business Development Center, Manufacturing Extension Partnership, Small Business and Technology Development Center, Minority Business Development Center unless the employee is co-located with one of those service providers, in which case “Co-located with…” may be used. You must share the URL for the webpage feedback form in your email messages, the URL is:

Https://www.dla.mil/SmallBusiness/PTAPFeedback/

Section E. Naming, acknowledgement of support and use of logos.

2. You must use the designation “Procurement Technical Assistance Center” as part of your name. Your doing so will help promote the PTAC brand and build awareness that you operate as part of the larger program. Your name must not include the name or acronym of another federal assistance program such as Small Business Development Center, Manufacturing Extension Partnership, Small Business and Technology Development Center, Minority Business Development Center, etc. Logos must include “PTAC” and/or “Procurement Technical Assistance Center” and must not include the name or acronym of another federal assistance program.

3. Except for business cards, materials you produce for the public including but not limited to, event flyers, press releases, brochures, advertisements, training booklets, websites and social media accounts must acknowledge DoD support using the following statement: “This procurement technical assistance center is funded in part through a cooperative agreement with the Department of Defense.” You must not alter the statement. You may acknowledge

Page 12 of 81 PTAP General Terms and Conditions – Version 1.5 support of other resource partners in a separate sentence but must not at any time indicate the PTAC is part of, offered, or hosted, by any other federal program or any entity whose name is the same as a federal program. You must not create the appearance that any other federal program provides funding to the PTAC. You may use language that indicates the PTAC is co- located with other federal programs. You may include in your materials the logo and link to the association currently known as the Association of Procurement Technical Assistance Centers (APTAC), of which the majority of its members are PTACs. Business cards are not required to acknowledge DoD support but must adhere to all other terms and conditions in paragraphs 1-3 of Section E and may only include the PTAC and recipient’s logos.

4. You must not use any DoD logos.

Section F. Service area. You must usually limit the clients you assist to those located within the service area specified in the award. Subject to the limitations below, you may provide assistance to clients outside your service area if you coordinate the assistance with the PTAC, if any, that is responsible for that client’s area.

1. You must not charge the cost of assisting clients from areas that are not distressed areas to an award when the service area is identified as a distressed area. Similarly, if the award includes both a distressed and non-distressed area budget, you must not charge the cost of assisting clients from areas that are not distressed areas to the budget specified for service to a distressed area.

2. If your service area is identified by Bureau of Indian Affairs’ regions, your service area includes all federally recognized Indian tribes and Alaska Native entities, their members and reservations in the regions specified. All contractors that are tribal, Native or Indian-owned are distressed area concerns.

Section G. Success stories. You must maintain success stories attesting to the assistance provided to your clients during the period of performance specified in this award and you must make these stories available to us upon our request. A success story is one that demonstrates a direct effort of the PTAC that generated employment and/or helped to improve the economy of a locality by assisting a client(s) in obtaining or performing under a Federal, State, or local government prime contract(s) or subcontract(s). Each success story must have a clear means to verify (such as a letter or email from your client stating that the story is true) that the success resulted from assistance provided by the PTAC. Each success story should include the following, as applicable:

1. Client name;

2. Client address;

3. Client point of contact;

4. Contracting agency point of contact, telephone, contract number and dollar value of award;

5. Narrative description of the issue(s); and

6. Narrative describing the PTAC’s contribution to the success story and the tangible results to include jobs generated and/or retained.

Section H. Client surveys. You must have a process in place to frequently survey your clients and prospective clients’ satisfaction with your PTAC. Requirements for you to

Page 13 of 81 PTAP General Terms and Conditions – Version 1.5 conduct surveys and report the results to us are in Appendix A to these general terms and conditions, “DLA Form 1806”. You must share the URL for the webpage feedback form in your email messages and on the PTAC web page. The URL is:

https://www.dla.mil/SmallBusiness/PTAPFeedback/

Section I. Allowability of certain costs and cost sharing contributions. The allowability of certain costs and cost sharing or matching contributions is addressed in this Section. The allowability of costs and cost sharing or matching contributions is addressed more generally in FMS Articles III and VI, respectively.

1. Third-party in-kind contributions. Among other things, contributions must be allowable under the applicable cost principles. With regard to third-party in-kind contributions, this means that contributions are allowable only if they are items that would have been necessary to include in the budget as direct costs had they not been donated.

Acceptable third-party in-kind contributions are performed by the third party for the direct benefit of the PTAC. Activities performed by third parties in their ordinary course of business, in pursuit of their own organization’s mission, are usually not acceptable as in-kind contributions just because those activities coincidentally support the PTAC.

Anything that is normally available free of charge to the PTAC or clients is not acceptable as a third-party in-kind contribution (e.g., use of a public library). “Discounts” are never acceptable third-party in-kind contributions. You may count a third-party in-kind contribution towards the award’s cost sharing or matching requirement only after you receive and use it. You must not count third-party contributions or donations that were made available for you to use, but that you do not actually use. An optional use in-kind log is available on the Resources for PTACs web page.

2. Food and beverages. With the exception of non-local travel for PTAC personnel, any cost related to providing food and/or beverages for PTAC personnel, government representatives, or clients is unallowable for either reimbursement or towards your cost sharing or matching, including use as a third-party in-kind contribution. This does not prohibit the charging of reasonable fees to attendees of PTAC events, such as a conference or workshop, to pay for necessary refreshments (See Part 2,Section C(2)(g)). These fees constitute program income and must be accounted for as such (refer to FMS Article VII or 32 CFR 34.14, as applicable).

3. Memberships. The cost of individual memberships (e.g., personal memberships for PTAC staff) in any business, technical, and professional organization is not allowable. Full-time PTAC employees may charge the program for up to 120 hours per year to perform voluntary work as a Committee or Board member of the Association of Procurement Technical Assistance Centers (APTAC), the association formed by PTACs to benefit PTACs. APTAC is primarily operated using PTAC award recipient labor and is funded using fees charged to PTAC award recipients. Travel expenses and time spent working for APTAC must be documented and reported quarterly with the name of the employee(s), the number of hours worked, travel costs, and a concise explanation of the work performed, using any of the narrative blocks on the DLA 1806 (Blocks 11-13 are narrative blocks). PTACs must not charge any other costs of operating APTAC to the program and must not lobby or engage in

Page 14 of 81 PTAP General Terms and Conditions – Version 1.5 fundraising while donating time to APTAC. APTAC membership dues charged to a PTAC award must not exceed .004 of a PTAC’s total program cost not including voluntary overmatch, determined at time of award. The PTAP program office expects that APTAC membership includes the following minimum benefits:

a. Internet accessible means to communicate with other members in a group forum such as the APTAC Connect tool.

b. Internet accessible collection of training materials such as the Body of Knowledge.

c. Website that includes current contact information for all PTAC primary and sub- centers.

d. Newsletter issued to members at least once per month and including technical news, best practices, success stories and other information of interest and value to members.

e. Cost for APTAC conference registration lower than that charged to non-members.

f. Recommended PTAC Counselor training curriculum and certification program, including a

Federal Contracting for Counselors proficiency test. The proficiency test must be internet-based, include instant results and evidence of pass/fail, and be available to all members.

Recommended curriculum must include online training offered by the Defense Acquisition University.

g. Certification requirements must include or allow equivalent non-APTAC training to count toward qualification. Training hours are calculated based on actual hours necessary to complete the training. The PTAP program office expects that APTAC will process requests for certification and/or course substitution within 60 days.

h. Recommended Program Manager training curriculum including online training offered by the Defense Acquisition University, when available.

i. To be considered a reasonable cost, the PTAP program office expects APTAC Conference registration fees charged to APTAC members should not exceed $1,300 per person and every APTAC conference should provide the following:

1. Draft agenda, provided to the PTAP PM for review no later than 45 days prior to conference start date, and

2. A minimum of 12 hours of live Federal contracting-related training provided by a Federal employee, and

3. A minimum of 5 hours of program management, management or leadership training, and

4. Conferences should be structured such that attendees can attain 16 hours of Federal contracting-related training and 5 hours of management or leadership training at each conference.

5. Attendance documented after each session and provided to attendees and their PM to facilitate reporting of employee training achievements.

4. Costs incurred to assist clients in pursuing claims or protests against the Government are not allowable.

5. Indirect costs. Amounts for indirect costs and/or indirect rates (also known as “Facilities and Administrative,” or F&A, costs or rates) incorporated into any specific award are subject to downward revision only.

Section J. Additional guidance on program income. FMS Article VII permits you to earn program income under this award when doing so does not interfere with the program the

Page 15 of 81 PTAP General Terms and Conditions – Version 1.5 award supports. Charging clients anything other than amounts listed in Section C for the assistance the PTAC provides is inconsistent with this requirement.

Section K. Distressed and non-distressed area budgets. If the award includes both a distressed and non-distressed area budget:

1. The applicable cost principles establish the standards for the allowability of costs, including the requirement that the cost is allocable to the particular cost objective. In the case of an award that includes both a distressed and non-distressed area budget, this means allocable to providing procurement technical assistance in a distressed or a non- distressed area.

2. You must segregate and accumulate costs in each of the two budget areas and you are responsible for ensuring that the costs charged to either budget are allocable in accordance with the principles and methods provided in the applicable cost principles. The award does not imply the approval of a predetermined ratio or apportionment of incurred cost to be charged to the award as “distressed” or “non-distressed”.

3. You may submit combined payment requests; however, the request must segregate the amounts charged to each the distressed and non-distressed area budget and show the Federal and non-Federal shares of each amount.

4. FMS Article IV addresses prior approval requirements for the transfer of funds among direct cost categories (i.e., personnel, fringe benefits, travel, etc.) when the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget. In the case of an award that includes a distressed and non-distressed area budget, this requirement applies to each of the two budgets individually.

Section L. Requests for Payment.

1. You may submit requests for payment monthly, but must submit requests for payment at least once each quarter.

2. Each request for payment must include the approximate portion of the recipient’s cost matching share of expenses listed on the award unless the Grants Officer has authorized the recipient to request reimbursement for the Federal share, prior to contributing the recipient share. In this case approximate is used to allow flexibility while expressing the expectation that recipients pay their share along with the Federal share as the period of performance progresses. The amount requested for payment each quarter should match the respective values reported in the SF425.

3. You must submit requests for payment using Wide Area Workflow (WAWF) accessible at https://wawf.eb.mil.

a. The required voucher type selection is Grant Voucher.

b. To ensure DFAS can process the payment, your voucher (invoice) number should not exceed

10 characters. (i.e. BVN0001, BVN0002, etc..)

c. For the Contract Number Type, select Cooperative Agreement.

d. For Contract Number, enter the Agreement Number in Block 1 of the award.

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e. For the Issue By DoDAAC enter the DoDAAC listed in the award, Issued by block 4.

f. For the Admin by DoDAAC enter the DoDAAC listed in the award, Administered by block 5

g. For the Pay Official, enter the DoDAAC listed in the award, Payment will be made by block 7a.

h. If prompted to enter an Item No., always enter 0001 unless your award was modified to add ACRN AB in the line of accounting. If you have an ACRN AB, enter Item No. 0002 to request reimbursement of those funds. Item No. 0001 is for ACRN AA, Item No. 0002 is for

ACRN AB.

i. Use the Attachments tab to attach the DLA Form 1806 and SF425. Although you must maintain supporting documents to substantiate costs included in the voucher, in accordance with the DoD FMR Volume 10, Chapter 19, Section 190404, you need not submit them with your payment request.

j. The Prompt Payment Act does not apply; Interest should not accrue on late payments.

PART 3: NATIONAL POLICY REQUIREMENTS

NP Article I. Nondiscrimination national policy requirements. (AUGUST 2020)

Section A. Cross-cutting nondiscrimination requirements. By signing this award or accepting funds under this award, you assure that you will comply with applicable provisions of the national policies prohibiting discrimination:

1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by Department of Defense (DoD) regulations at 32 CFR part 195.

2. On the basis of gender, blindness, or visual impairment, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DoD regulations at 32 CFR part 196.

3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

4. On the basis of disability, in the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.

5. On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.)

related to physically handicapped persons’ ready access to, and use of, buildings and facilities for which Federal funds are used in design, construction, or alteration.

Section B. Other nondiscrimination requirements. RESERVED - Only applicable if provided in DoD Component addendum to these terms and conditions or award-specific terms and conditions.

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NP Article II. Environmental national policy requirements. (SEPTEMBER 2017) Section A. Cross-cutting environmental requirements. You must:

1. You must comply with all applicable Federal environmental laws and regulations. The laws and regulations identified in this section are not intended to be a complete list.

2. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et seq.).

3. Immediately identify to us, as the Federal awarding agency, any potential impact that you find this award may have on:

a. The quality of the “human environment”, as defined in 40 CFR 1508.14, including wetlands; and provide any help we may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et seq.), the regulations at 40 CFR 1500-1508, and Executive Order 12114, if applicable; and assist us to prepare Environmental Impact Statements or other environmental documentation. In such cases, you may take no action that will have an environmental impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives to the proposed action until we provide written notification of Federal compliance with NEPA or Executive Order 12114.

b. Flood-prone areas, and provide any help we may need to comply with the National Flood

Insurance Act of 1968, as amended by the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

c. A land or water use or natural resource of a coastal zone that is part of a federally approved State coastal zone management plan and provide any help we may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.)

including preparation of a Federal agency Coastal Consistency Determination.

d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes’ shores, and provide help we may need to comply with the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources.

e. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

f. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide any help we may need to comply with the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

4. You must comply fully with the Endangered Species Act of 1973, as amended (ESA, at 16 U.S.C.

1531 et seq.), and implementing regulations of the Departments of the Interior (50 CFR parts 10-

24) and Commerce (50 CFR parts 217-227). You also must provide any help we may need in

Page 18 of 81 PTAP General Terms and Conditions – Version 1.5 complying with the consultation requirements of ESA section 7 (16 U.S.C. 1536) applicable to Federal agencies or any regulatory authorization we may need resulting from performance under this award. This is not in lieu of responsibilities you have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this award.

5. You must fully comply with the Marine Mammal Protection Act of 1972, as amended (MMPA, at

16 U.S.C. 1361 et seq.) and provide any assistance we may need in obtaining any required MMPA permit resulting from performance under this award.

Section B. Other environmental requirements. RESERVED - Only applicable if provided in DoD Component addendum to these terms and conditions or award-specific terms and conditions.

NP Article III. National policy requirements concerning live organisms. (Not Applicable)

NP Article IV. Other national policy requirements. (September 2020) Section A. Cross-cutting requirements.

1. Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR part 180, as adopted by DoD at 2 CFR part 1125. This includes requirements concerning your principals under this award, as well as requirements concerning your procurement transactions and subawards that are implemented in PROC Articles I through III and SUB Article II.

2. Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of 2 CFR part 26, which is the DoD implementation of 41 U.S.C. chapter 81, “Drug-Free Workplace.”

3. Lobbying.

a. You must comply with the restrictions on lobbying in 31 U.S.C. 1352, as implemented by

DoD at 32 CFR part 28, and submit all disclosures required by that statute and regulation.

b. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent express Congressional authorization, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other device intended to influence at any time a Member of Congress or official of any government concerning any legislation, law, policy, appropriation, or ratification.

c. If you are a nonprofit organization described in section 501(c)(4) of title 26, United States

Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., chapter 26). If we determine that you have engaged in lobbying activities, we will cease all payments to you under this and other awards and terminate the awards unilaterally for material failure to comply with the award terms and conditions.

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4. Officials not to benefit. You must comply with the requirement that no member of Congress shall be admitted to any share or part of this award, or to any benefit arising from it, in accordance with 41 U.S.C. 6306.

5. Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 U.S.C.

1501-1508) concerning political activities of certain State and local government employees, as implemented by the Office of Personnel Management at 5 CFR part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds.

6. Native American graves protection and repatriation. If you control or possess Native American remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10, the Department of the Interior implementation of the Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C., chapter 32).

7. Fly America Act. You must comply with the International Air Transportation Fair Competitive

Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the “Fly America Act,” and implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations require that U.S. Government financed international air travel of passengers and transportation of personal effects or property must use a U.S. Flag air carrier or be performed under a cost-sharing arrangement with a U.S. carrier, if such service is available.

8. Use of United States-flag vessels. You must comply with the following requirements of the

Department of Transportation at 46 CFR 381.7, in regulations implementing the Cargo Preference Act of 1954:

a. Pursuant to Public Law 83-664 (46 U.S.C. 55305), at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds under this award, and which may be transported by ocean vessel, must be transported on privately owned United States- flag commercial vessels, if available.

b. Within 20 days following the date of loading for shipments originating within the United

States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 8.a of this section must be furnished to both our award administrator (through you in the case of your contractor’s bill-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

9. Research misconduct. You must comply with requirements concerning research misconduct in

Enclosure 4 to DoD Instruction 3210.7, “Research Integrity and Misconduct.” The Instruction implements the Governmentwide research misconduct policy that the Office of Science and Technology Policy published in the Federal Register (65 FR 76260, December…