Debarment and suspension (29 CFR 95.13)

Office of the Secretary of Labor

§ 95.15

exceptions are not prohibited by statute. However, in the interest of maximum grant-wide uniformity, exceptions from the requirements of this
part shall be permitted only in unusual
circumstances. DOL may apply more
restrictive requirements to a class of
recipients when approved by OMB. DOL
may apply less restrictive requirements when awarding small awards, except for those requirements which are
statutory. Exceptions on a case-by-case
basis may also be made by DOL.

(b) The applicant shall complete the
appropriate sections of the SF–424 (Application for Federal Assistance) indicating whether the application was
subject to review by the State Single
Point of Contact (SPOC). The name
and address of the SPOC for a particular State can be obtained from
DOL or the Catalog of Federal Domestic
Assistance. The SPOC shall advise the
applicant whether the program for
which application is made has been selected by that State for review.

§ 95.5

§ 95.13 Debarment and suspension.
Recipients shall comply with the
nonprocurement debarment and suspension common rule implementing
E.O.’s 12549 and 12689, ‘‘Debarment and
Suspension’’ codified by DOL at 29 CFR
part 98. This common rule restricts
subawards and contracts with certain
parties that are debarred, suspended or
otherwise excluded from or ineligible
for participation in Federal assistance
programs or activities.

Subawards.

Unless sections of this part specifically exclude subrecipients from coverage, the provisions of this part shall
be applied to subrecipients performing
work under awards if such subrecipients are institutions of higher education, hospitals, other non-profit organizations, commercial organizations,
foreign governments, organizations
under the jurisdiction of foreign governments, and international organizations. State and local government subrecipients are subject to the provisions
of regulations implementing the grants
management common rule, ‘‘Uniform
Administrative
Requirements
for
Grants and Cooperative Agreements to
State and Local Governments,’’ and
codified by DOL at 29 CFR part 97 or its
successor.

Subpart B—Pre-Award
Requirements
§ 95.10

Purpose.

Sections 95.11 through 95.17 prescribe
forms and instructions and other preaward matters to be used in applying
for Federal awards.
§ 95.11

Pre-award policies.

Public Notice and Priority Setting.
Federal awarding agencies shall notify
the public of its intended funding priorities for discretionary grant programs,
unless funding priorities are established by Federal statute.

erowe on DSK1DXX6B1PROD with CFR

§ 95.12 Forms for applying for Federal
assistance.
(a) Applicants shall use the SF–424
series or those forms and instructions
prescribed by DOL.

§ 95.14 Special award conditions.
If an applicant or recipient:
(a) Has a history of poor performance,
(b) Is not financially stable,
(c) Has a management system that
does not meet the standards prescribed
in this part,
(d) Has not conformed to the terms
and conditions of a previous award, or
(e) Is not otherwise responsible,
DOL may impose additional requirements as needed, provided that such
applicant or recipient is notified in
writing as to: The nature of the additional requirements, the reason why
the additional requirements are being
imposed, the nature of the corrective
action needed, the time allowed for
completing the corrective actions, and
the method for requesting reconsideration of the additional requirements
imposed. Any special conditions shall
be promptly removed once the conditions that prompted them have been
corrected.
§ 95.15 Metric system of measurement.
The Metric Conversion Act, as
amended by the Omnibus Trade and
Competitiveness Act (15 U.S.C. 205), declares that the metric system is the

533

VerDate Nov<24>2008

15:04 Jul 27, 2009

Jkt 217109

PO 00000

Frm 00543

Fmt 8010

Sfmt 8010

Y:\SGML\217109.XXX

217109