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pdfThe Nuclear Regulatory Commission’s
Standard Terms and Conditions for U.S. Nongovernmental Recipients
Preface
This award is based on the application submitted to, and as approved by, the Nuclear Regulatory
Commission (NRC) under the authorization 42 U.S.C. § 2051(b), pursuant to section 31b and 141b of
the Atomic Energy Act of 1954, as amended, and is subject to the terms and conditions incorporated
either directly or by reference in the grant or cooperative agreement. The following also apply:
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Restrictions on the expenditure of Federal funds in appropriation acts, to the extent those
restrictions are pertinent to the award.
Code of Federal Regulations/Regulatory Requirements – 2 CFR Part 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Pursuant to the Federal Grant and Cooperative Agreement Act of 1977, as amended, the NRC
distinguishes its financial assistance relationships from procurements. For additional information, see the
agency’s Management Directive 11.6, “Financial Assistance Program.”
Any inconsistency or conflict in terms and conditions specified in the award will be resolved according
to the following order of precedence: public laws, regulations, applicable notices published in the
Federal Register, Executive Orders (E.O.), Office of Management and Budget (OMB) Circulars, the
NRC’s Mandatory Standard Provisions, special award conditions, and standard award conditions.
Certifications and Representations: These terms incorporate the certifications and representations
required by statute, executive order, or regulation that were submitted in System for Award Management
(SAM), the central repository for government-wide certifications and representations required of Federal
grants recipients.
I. Mandatory General Requirements
The order of these requirements does not make one requirement more important than any other
requirement.
1. Applicability of 2 CFR Part 200
All provisions of 2 CFR Part 200 and all Standard Provisions attached to this grant/cooperative agreement
are applicable to the Recipient and to sub-recipients which meet the definition of “Recipient” in 2 Part
§200.86, unless a section specifically excludes a sub-recipient from coverage. The recipient and any subrecipients must, in addition to the assurances made as part of the application, comply and require each of
its sub- awardees employed in the completion of the project to comply with Subpart D of 2 CFR Part 200
and include this term in lower-tier (sub-award) covered transactions.
Recipients must comply with monitoring procedures and audit requirements in accordance with 2 CFR
Part 200, Subpart F—AUDIT REQUIREMENTS.
2. Award Package
The recipient is obligated to conduct project oversight as may be appropriate, to manage the funds with
prudence, and to comply with the provisions outlined in 2 CFR Part 200. Within this framework, the
Principal Investigator (PI) named on the award face page, is responsible for the scientific or technical
direction of the project and for preparation of the project performance reports. This award is funded on a
cost-reimbursement basis, not to exceed the amount awarded as indicated on the face page and is
subject to a refund of unexpended grant funds to the NRC.
The non-Federal entity alone must be responsible, in accordance with good administrative practice and
sound business judgment, for the settlement of all contractual and administrative issues arising out of
procurements related to its grant award. These issues include, but are not limited to, source evaluation,
protests, disputes, and claims. These standards do not relieve the non-Federal entity of any financial or
fiduciary responsibilities or obligations arising under its grant, including sub-contracts and sub-awards, or
any other contractual or financial obligation. The Federal awarding agency will not substitute its
judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of
law will be referred to the local, State, or Federal authority having proper jurisdiction. See 2 CFR §
200.318(k), General Procurement Standards.
Registration in FedConnect®
The Nuclear Regulatory Commission (NRC) uses Unison Global’s secure and auditable two-way web
portal, FedConnect®, to communicate with vendors and contractors. FedConnect® provides bidirectional communication between the vendor/contractor and the NRC throughout pre-award, award,
and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and
contractors must register to use FedConnect® at https://www.fedconnect.net/FedConnect. The
individual registering in FedConnect® must have authority to bind the vendor/contractor. There is no
charge for using FedConnect®. Assistance with FedConnect® is provided by Unison Global Software
Systems, not the NRC. FedConnect® contact and assistance information is provided on the
FedConnect® web site at https://www.fedconnect.net/FedConnect.
System for Award Management
All recipient organizations must register in the System for Award Management (SAM) and maintain the
registration with current information at all times during which such organizations have an application under
consideration for funding by NRC and, if an award is made, until a final financial report is submitted or the
final payment is received, whichever is later. SAM is the primary registrant database for the Federal
government and is the repository into which an entity must provide information required for the conduct of
business as a recipient. SAM is the central repository for common government-wide certifications and
representations required of NRC applicants and recipients. Additional information about registration
procedures may be found at the SAM internet site at https://www.sam.gov/SAM/.
Subawards
Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Sub-recipients, sub-awardees, and contractors have no relationship with NRC under the terms of this
grant/cooperative agreement. All required NRC approvals must be directed through the Recipient to
NRC. See 2 CFR § 200.318.
Nondiscrimination
This provision is applicable when work under the grant/cooperative agreement is performed in
the U.S. or when employees are recruited in the U.S.
The recipient agrees to comply with the non-discrimination requirements below:
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Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.), which prohibits
discrimination on the grounds of race, color, or national origin in any program or activity receiving
federal financial assistance.
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.), which prohibits
discrimination on the basis of sex in any education program or activity receiving federal
financial assistance.
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of disability in any program or activity receiving federal financial
assistance.
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program receiving federal financial assistance.
The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), which prohibits
recipients from discriminating on the basis of disability in employment (Title I); State and local
government services (Title II); and places of public accommodation and commercial facilities
(Title III).
Parts II and III of E.O. 11246, as amended by E.O.11375, 11478, 12086, 12107, 13279, 13665,
and 13672, which prohibits federal contractors and federally assisted construction contractors
and subcontractors, who do over $10,000 in Government business in one year, from
discriminating in employment decisions on the basis of race, color, religion, sex, or national
origin and requires that government contractors take affirmative action to ensure that equal
opportunity is provided in all aspects of their employment.
E.O.13166, “Improving Access to Services for Persons with Limited English Proficiency,” which
clarifies that national origin discrimination under Title VI includes discrimination on the basis of
limited English proficiency (LEP) and requires that the recipient take reasonable steps to ensure
that LEP persons have meaningful access to programs and activities.
Any other applicable non-discrimination law(s).
Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq, provides that it shall be
an unlawful employment practice for an employer to discharge any individual or otherwise to
discriminate against an individual with respect to compensation, terms, conditions, or privileges of
employment because of such individual’s race, color, religion, sex, or national origin. However, Title
VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination on the
basis of religion, a religious corporation, association, educational institution, or society with respect to
the employment of individuals of a particular religion to perform work connected with the carrying on
by such corporation, association, educational institution, or society of its activities.
Applicants must ensure that individuals selected as beneficiaries of support under this grant meet the
legal requirements consistent with Supreme Court Decisions including Fisher, Gratz, and Grutter.
Compliance With U.S. Immigration Laws And Regulations
Grant recipients are responsible to ensure that their foreign personnel (including PIs or Co-PIs) are
not in violation of United States immigration laws and regulations, including employment authorization
documents and visa requirements. Each recipient of funds under this award must be lawfully
admitted for permanent residence for the duration of the grant period, as evidenced by Permanent
Resident Form I-551 (Green Card) or must present other evidence from the U.S. Department of
Homeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/her
immigration status. The U.S. Citizenship and Immigration Services provides information to grant
recipients to help them understand the employment eligibility verification process for non-US citizens.
This information can be found on their website, http://www.uscis.gov/portal/site/uscis.
Modifications/Prior Approval
Prior written approval is required before a recipient may make budget and program modifications or
undertakes particular activities. If NRC approval is required for changes in the grant, it must be
requested and obtained from the NRC Grants Officer in advance of the change or obligation of funds.
All requests for NRC prior approval, including requests for extensions to the period of performance
extension, must be made, in writing (which includes submission by e-mail), to the designated Grants
Officer at least 60 business days before the proposed change. The request must be signed by the
authorized organizational official. Failure to obtain prior approval, when required, from the NRC
Grants Officer, may result in the disallowance of costs, or other enforcement action within NRC's
authority.
No-Cost Extensions
No-Cost Extension requests that are not received 60 business days prior to the grant expiration date
will result in requests being disapproved by the NRC Program Manager and Grants Officer. Recipient
should allow a minimum of 4 weeks for processing No-Cost Extensions. Requests must explain the
reason(s) for delay in completion of the project as well as how the remaining funds will be spent
during the new requested period of performance. One No-Cost Extension request may be granted for
up to one year pending review and approval. No more than one No-Cost-Extension will be allowed
per grant. PIs with an active grant with a No-Cost Extension will not receive a new grant in the same
grant type until the existing grant expires.
No Cost Extensions will not be allowed for the distinguished faculty advancement program.
Lobbying Restrictions
The Recipient will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and
7324-7328) which limits the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
The recipient will comply with provisions of 31 U.S.C § 1352. This provision generally prohibits the
use of Federal funds for lobbying in the Executive or Legislative Branches of the Federal Government
in connection with the award and requires disclosure of the use of non-Federal funds for lobbying.
The recipient shall submit, at the time of application, a completed “Certification Regarding Lobbying”
form, regardless of dollar value.
If applicable, the recipient receiving in excess of $100,000.00 in Federal funding shall submit a
completed Standard Form (SF-LLL), “Disclosure of Lobbying Activities” for any persons engaged in
lobbying activities, as discussed at 31 U.S. Code § 1352 – Limitation on use of appropriated funds to
influence certain Federal contracting and financial transactions. The form concerns the use of nonFederal funds for lobbying within 30 days following the end of the calendar quarter in which there
occurs any event that requires disclosure or that materially affects the accuracy of the information
contained in any disclosure form previously filed. If the Recipient must submit the SF-LLL, including
those received from sub-recipients, contractors, and subcontractors, to the Grants Officer.
Debarment And Suspension – (See 2 CFR Part 180; 2 CFR § 200.206; 2 CFR 200.114 and 2
CFR Part 200, Appendix II.)
The Recipient agrees to notify the Grants Officer immediately upon learning that it or any of its
principals:
(1) Are presently excluded or disqualified from covered transactions by any Federal department
or agency;
(2) Have been convicted, within the preceding three-year period preceding this proposal, of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, receiving stolen property, making false claims, or
obstruction of justice; commission of any other offense indicating a lack of business integrity or
business honesty that seriously and directly affects the recipient’s present responsibility;
(3) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b);
or
(4) Have had one or more public transactions (Federal, State, or local) terminated for cause or
default within the preceding three years.
(5) The recipient agrees that, unless authorized by the Grants Officer, it will not knowingly enter
into any subaward or contracts under this grant/cooperative agreement with a person or entity
that is not included on the System for Award Management (SAM) (https://www.sam.gov).
The recipient further agrees to include the following provision in any subaward or contracts entered
into under this award:
Debarment, Suspension, Ineligibility, and Voluntary Exclusion
The recipient certifies that neither it nor its principals is presently excluded or disqualified from
participation in this transaction by any Federal department or agency. The policies and procedures
applicable to debarment, suspension, and ineligibility under NRC-financed transactions are set forth 2
CFR Part 180 and 2 CFR Part 200.
Drug-Free Workplace
The recipient must be in compliance with The Federal Drug Free Workplace Act of 1988. The policies
and procedures applicable to violations of these requirements are set forth in 41 U.S.C. §§ 8101-8106.
Implementation of E.O.13224 – Executive Order on Terrorist Financing
The recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the
provision of resources and support to, individuals and organizations associated with terrorism. It is the
legal responsibility of the recipient to ensure compliance with these Executive Orders and laws. This
provision must be included in all contracts/sub-awards issued under this grant/cooperative
agreement.
The recipient must comply with E.O. 13224, Blocking Property and Prohibiting Transactions with
Persons who Commit, Threaten to Commit, or Support Terrorism. Information about this Executive
Order can be found at:
Implementation of Executive Order 13224 Blocking Property and Prohibiting Transactions With Persons
Who Commit, Threaten To Commit, or Support Terrorism amended by E.O. 13268, 13284, and 13372.
Procurement Standards - 2 CFR §§ 200.318-200.326
Sections 200.318 - 200.326 set forth standards for use by recipients in establishing procedures for the
procurement of supplies and other expendable property, equipment, real property and other services
with Federal funds. These standards are furnished to ensure that such materials and services are
obtained in an effective manner and in compliance with the provisions of applicable Federal statutes
and executive orders. No additional procurement standards or requirements will be imposed by the
Federal awarding agencies upon recipients, unless specifically required by Federal statute, executive
order, or approved by OMB.
Travel and Transportation
Travel must be in accordance with the Recipient’s Travel Regulations or the U.S. Government Travel
Policy and Regulations at: http://www.gsa.gov/portal/category/21222 and the per diem rates set forth
at: http://www.gsa.gov/portal/content/104877, absent Recipient’s travel regulations. Travel and
transportation costs for the grant must be consistent with provisions as established in 2 CFR §
200.474-475.
All travel, domestic or international, must not increase the approved travel budget and the total
estimated award amount of the grant.
Any foreign travel using the grant funds must be approved by the NRC.
The recipient will comply with the provisions of the Fly America Act (49 U.S.C 40118), as
implemented at 41 CFR §§ 301-10.131 through 301-10.143.
Federal funds may not be used to travel to countries identified under the US Department of States,
Directorate of Defense Trade Controls, Country Policies and Embargoes,
http://www.pmddtc.state.gov/embargoed_countries/index.html.
Property Standards
Property standards of this award shall follow provisions as established 2 CFR §§ 200.310- 200.316.
Intangible Property
Intangible and intellectual property of this award shall generally follow provisions established in 2 CFR
§ 200.315.
Inventions Report
The Bayh-Dole Act (P.L. 96-517) affords recipients the right to elect and retain title to inventions
they develop with funding under an NRC grant award (“subject inventions”). In accepting an
award, the recipient agrees to comply with applicable NRC policies, the Bayh-Dole Act, and its
Government-wide implementing regulations found at Title 37, Code of Federal Regulations (CFR)
Part 401. A significant part of the regulations require that the Recipient report all subject
inventions to the awarding agency (NRC) as well as include an acknowledgement of federal
support in any patents.
Patent Notification Procedures
If the NRC or its recipients, without making a patent search, knows (or has demonstrable
reasonable grounds to know) that technology covered by a valid United States patent has been or
will be used without a license from the owner, E.O.12889 requires NRC to notify the owner. If the
Recipient uses or has used patented technology under this award without license or permission
from the owner, the recipient must notify the Grants Officer. This notice does not imply that the
Government authorizes and consents to any copyright or patent infringement occurring under the
financial assistance.
Data, Databases, and Software
The rights to any work produced or purchased under an NRC Federal financial assistance award,
such as data, databases or software are determined by Subpart D of 2 CFR Part 200. The
recipient owns any work produced or purchased under an NRC Federal financial assistance
award subject to the NRC’s right to obtain, reproduce, publish or otherwise use the work or
authorize others to receive, reproduce, publish or otherwise use the data for Government
purposes.
Copyright
The Recipient may copyright any work produced under a NRC federal financial assistance award
subject to NRC’s royalty-free nonexclusive and irrevocable right to reproduce, publish or
otherwise use the work or authorize others to do so for Government purposes. Works jointly
authored by NRC and recipient employees may be copyrighted, but only the part authored by the
recipient is protected because, under 17 U.S.C. § 105, works produced by Government
employees are not copyrightable in the United States. On occasion, NRC may ask the Recipient
to transfer to NRC its copyright in a particular work when NRC is undertaking the primary
dissemination of the work. Ownership of copyright by the Government through assignment is
permitted under 17 U.S.C. § 105.
Record Retention and Access
Recipient shall follow established provisions in 2 CFR §§ 200.334-338.
Conflict of Interest
Conflict of Interest standards for this award will follow the Organizational Conflict of Interest (OCOI)
requirements set forth in Section 170A of the Atomic Energy Act of 1954, as amended, and provisions
set forth at 2 CFR § 200.112, Conflict of Interest.
Dispute Review Procedures
a. Any request for review of a notice of termination or other adverse decision should be addressed to
the Grants Officer. It must be postmarked or transmitted electronically no later than 30 days after the
postmarked date of such termination or adverse decision from the Grants Officer.
b. The request for review must contain a full statement of the Recipient’s position and the pertinent
facts and reasons in support of such position.
c. The Grants Officer will promptly acknowledge receipt of the request for review and shall forward it
to the Director, Acquisition Management Division, unless otherwise delegated, who shall appoint an
intra-agency Appeal Board to review a recipient appeal of an agency action, if required, which will
consist of the program office director, the Deputy Director of Office of Administration, and the Office of
General Counsel, or their designees.
d. Pending resolution of the request for review, the NRC may withhold or defer payments under the
award during the review proceedings.
e. The review committee will request the Grants Officer who issued the notice of termination or
adverse action to provide copies of all relevant background materials and documents. The committee
may, at its discretion, invite representatives of the recipient and the NRC program office to discuss
pertinent issues and to submit such additional information as it deems appropriate. The chairman of
the review committee will insure that all review activities or proceedings are adequately documented.
f. Based on its review, the committee will prepare its recommendation to the Director, Office of
Administration, who will advise the parties concerned of his/her decision.
Remedies for Noncompliance
Termination of this award will follow provisions as established and described above in “Dispute
Review Process” in 2 CFR §§ 200.339-343.
Performance and Financial Monitoring and Reporting - 2 CFR §§ 200.328-330
Recipient Financial Management systems must comply with the provisions in 2 CFR § 200.302.
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Payment – 2 CFR § 200.305
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Cost Share or Matching – 2 CFR § 200.306
o Recipients are to be careful with providing excessive cost share or match since at the end
of the grant, if the identified match has not been provided, then a portion of the federal
share may be required to be returned to the Government.
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Program Income – 2 CFR § 200.307
o Earned program income, if any, will be added to funds committed to the project by the
NRC and recipient and used to further eligible project or program objectives or be
deducted from the total project cost for the grant, as directed by the Grants Officer or
indicated in the terms and conditions of the award.
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Revision of Budget and Program Plans – 2 CFR § 200.308
o The recipient is required to report deviations from the approved budget and program
descriptions in accordance with – 2 CFR § 200.308(b) and request prior written approval
from the Project Officer and the Grants Officer.
o The recipient is not authorized to re-budget between direct costs and indirect costs without
written prior approval of the Grants Officer.
o Allowable Costs – 2 CFR §§ 200.403
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See section 2 CFR §§ 200.331-333 for Subrecipient Monitoring and Management.
FEDERAL FINANCIAL REPORT
Federal Financial Reports (SF-425) are semi-annually, for the periods ending March 31 and
September 30, or any portion thereof, regardless of the award date. Reports are due within 30
calendar days following the end of the reporting period and must be submitted through
FedConnect. The SF-425 form and instructions are available at Grants.gov.
Failure to submit financial reports will result in the suspension of the grant ASAP account,
termination of the grant, and could be flagged for other awards or potential new grant
recommendations with the NRC.
PERFORMANCE PROGRESS REPORTS
The performance (technical) reports indicated below are subject to 2 CFR §200.329.
Performance Progress Reports must include a concise summary describing a recipient’s technical
research progress. Details on project status, outcomes and any changes that have occurred
during the grant reporting period must be included.
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Scholarship and Fellowship Program
Performance reports must be submitted annually, for the periods ending September 30, or
any portion thereof, regardless of the award date. Reports are due within 30 days following
the end of each reporting period and must be submitted through FedConnect. Attachment 3
(Education Performance Progress Report (PPR) Guidance) provides the required format and
information when submitting.
Failure to submit financial reports will result in the suspension of the grant ASAP
account, termination of the grant, and could be flagged for other awards or potential
new grant recommendations with the NRC.
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Distinguished Faculty Advancement
Performance reports must be submitted annually, for the periods ending September 30, or
any portion thereof, regardless of the award date. Reports are due within 30 days following
the end of each reporting period and must be submitted through FedConnect. Attachment 3
(Education Performance Progress Report (PPR) Guidance) provides the required format and
information when submitting.
Failure to submit financial reports will result in the suspension of the grant ASAP
account, termination of the grant, and could be flagged for other awards or potential
new grant recommendations with the NRC.
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Trade School and Community College Scholarships
Performance reports must be submitted semi-annually, for the periods ending March 31 and
September 30, or any portion thereof, regardless of the award date. Reports are due within
30 days following the end of each reporting period and must be submitted through
FedConnect. Attachment 3 (Education Performance Progress Report (PPR) Guidance)
provides the required format and information when submitting.
Failure to submit financial reports will result in the suspension of the grant ASAP
account, termination of the grant, and could be flagged for other awards or potential
new grant recommendations with the NRC.
FINAL REPORTS
A Final Performance Progress Report and Federal Financial Report (SF-425) are required within
90 days after the award has expired, been relinquished, or terminated; to include the submission
of a final, Tangible Property Report, (SF-428 and SF428-B). The report should include final
project outcomes or findings of research performed under grant. The final PPR (for Scholarship
and Fellowship, awards) must include the names of all students with up to date contact
information (mailing address, telephone/cell phone, email address). All final reports must be
submitted through FedConnect. Attachment 3 (Education Performance Progress Report (PPR)
Guidance) provides the required format and information when submitting final reports.
Period of Performance – 2 CFR § 200.309
The recipient may charge to the Federal award only allowable costs incurred during the period of
performance and any costs incurred before the NRC or pass-through entity made the Federal award
that was authorized by the NRC or pass through entity.
Unless otherwise authorized in 2 CFR Part 200 or by special award condition, any extension of the
award period can only be authorized by the Grants Officer in writing. Assurances of funding from
anyone other than the Grants Officer shall not constitute authority to obligate funds for programmatic
activities beyond the expiration date.
The NRC Grant Officer may authorize a no cost extension of the period of performance. The recipient
must submit a no cost extension request no less than 30 days prior to the award end date. Any
request for a no cost extension after the grant has expired will not be approved. Any modification of
the award to increase funding and/or to extend the period of performance is at the sole discretion of
the NRC.
Incremental Funding
Additional funding for this award is contingent upon the availability of appropriated funds, satisfactory
performance, and the recipient’s capacity to manage the award and comply with award requirements.
The recipient agrees to perform work up to the amount obligated as specified in Attachment A of the
grant award. NRC is not obligated to reimburse the recipient for expenditures in excess of the total
funds obligated by NRC. The recipient is not authorized to continue performance beyond the amount
obligated to this award. Any work performed by the grantee beyond the funding amount obligated in
Section A will be at the grantee’s risk.
Automated Standard Application for Payments (ASAP) Procedures
Unless otherwise stated, recipient payments are made using the Department of Treasury’s Automated
Standard Application for Payment (ASAP) system, ASAP.gov, through preauthorized electronic funds
transfers. To receive payments, recipients are required to enroll with the Department of Treasury,
Financial Management Service, and Regional Financial Centers, which allows them to use the on-line
method of withdrawing funds from their ASAP established accounts. The following information is
required to make ASAP withdrawals: (1) ASAP account number – the award number found on the
cover sheet of the award; (2) Agency Location Code (ALC) – 31000001; and Region Code. Recipients
enrolled in the ASAP system do not need to submit a “Request for Advance or Reimbursement” (SF270).
II. Audit Requirements
Audits
Organization-wide or program-specific audits are performed in accordance with the Single Audit Act of
1996, as amended, and as implemented by 2 CFR Part 200, Subpart F— AUDIT REQUIREMENTS.
Recipients are subject to the provisions of this subpart if they expend $750,000 or more in a year in
Federal awards. See 2 CFR 2 CFR § 200.501.
The Form SF-SAC and the Single Audit Reporting packages for fiscal periods ending on or after
January 1, 2008 are submitted online, as follows:
1. Create the recipient’s online report ID at: https://facides.census.gov/Account/Login.aspx;
2. Complete the Form SF-SAC;
3. Upload the Single Audit;
4. Certify the Submission; and
5. Click “Submit.”
Organizations expending less than $750,000 a year are not required to have an annual audit for that
year but must make their grant-related records available to NRC or other designated officials for
review or audit.
III. Programmatic Requirements
The recipient is responsible for providing documentation to the NRC that tracks each student’s
progress in achievement of the academic program for which Federal funds were provided. This
includes: (1) ensuring that the service agreement is signed by the student, institution coordinator and
countersigned by the NRC Program Manager prior to providing support; (2) providing the NRC with
student contact information upon student entry into the program, upon completion or withdrawal from
the program, and upon request by the NRC; and (3) monitoring the student’s fulfillment of the service
agreement for the duration of the award. The institution shall immediately notify the NRC if a student
is not fulfilling the academic program or the service agreement.
Students have up to 6 months after graduation to secure nuclear related employment. If a student
does not obtain nuclear related employment in the 6-month timeframe, the student can request a
waiver, or the NRC will seek repayment of funds.
Failure to complete service for any reason is a breach of the NRC Service Agreement. The NRC will
work with students to assist them, to the extent possible, to avoid a breach and fulfill the service
obligation. A recipient should immediately contact the NRC if a situation arises in which a student is
potentially unable to fulfill his/her service obligation. Individuals who breach their NRC Service
Agreement contract are subject to monetary damages as follows:
(1) Failure to complete degree program – Institutions that support students who are dismissed from
school for academic or disciplinary reasons or who voluntarily terminate the degree program
before graduation from for which the support was awarded will be in breach of the service
agreement and will be liable to the NRC for repayment of all NRC funds received by the
students.
(2) Students who for any reason fail to comply with the terms and conditions of deferring or
postponing the service obligation for nuclear related employment or who for any reason fail to
begin or complete their service obligation after completion of degree program, will be in breach
of their service obligation contract and will be liable to the NRC for repayment for all NRC funds
paid to them on their behalf.
At this time, the amount owed to the NRC is a valid debt of the Federal government subject to all laws
and provisions governing the administration of the debt. In accordance with Federal regulations, if
payment is not received by the NRC within 30 days from notification of indebtedness, the debt
becomes past due and will be subject to interest, penalties, and administrative charges incurred by
the Federal government to service the debt. After 120 days of being past due, the debt will be referred
to the Department of the Treasury for collection.
An installment agreement may be requested by the debtor if a single lump sum payment is not
possible. An installment agreement can be up to 3 years in length and will include all applicable
interest, penalties, and administrative charges incurred by the Federal government to service the
debt. Failure by the debtor to meet the terms and conditions of the installment agreement will result in
the debt being referred to the Department of the Treasury for collection and subject to the various
collection actions administered by the Department of the Treasury.
The debtor may submit a request for an installment agreement to the NRC Office of the Chief
Financial Officer at (301) 415-7554 or by email at [email protected]. The request should
include a justification to establish an installment agreement to repay the debt.
If a waiver is submitted by a student, NRC may waive, in whole or in part, the service obligation, upon
determining that compliance by the student is impractical. Waiver requests must be submitted in
writing including the reason the waiver is being sought and documentation evidencing that he/she
attempted to secure nuclear related employment but was unable to do so. If the requested waiver is
denied, a written request for payment may be issued to the student by the NRC under the provisions
found in 10 CFR 15.21.
Grant Performance Metrics
The Office of Management and Budget requires all Federal Agencies providing funding for
educational scholarships and fellowships as well as other educational related funding to report on
specific metrics. These metrics are part of the Academic Competitiveness Council’s (ACC) 2007
report and specifically relates to Science, Technology, Engineering, and Mathematics (STEM)
curricula.
As part of the OMB requirements indicated above (for metric reporting), the recipient shall address the
following questions and submit responses with the required progress reports:
Scholarship Metrics:
1. How many students have been sponsored by NRC funding?
a. Response is the number of students, for this reporting period and cumulative to the grant.
2. How many students, supported by NRC funding, have received B.S. or equivalent degrees?
a. Response is the number of students, for this reporting period and cumulative to the grant.
3. How many students, supported by NRC funding, have accepted a job and are employed in the
nuclear industry?
a. Response is the number of students, for this reporting period and cumulative to the grant.
4. How many students, supported by NRC funding, are continuing on to Graduate School in a
field related to the nuclear industry?
a. Response is the number of students, for this reporting period and cumulative to the grant.
As part of the PPR, include the following information for each student supported under this award.
The information must be provided in the format below:
Fellowship Metrics:
1. How many graduate students have been sponsored by NRC funding?
a. Response is the number of students, for this reporting period and cumulative to the grant.
2. How many students, supported by NRC funding, have received M.S. or equivalent degrees?
a. Response is the number of students, for this reporting period and cumulative to the grant.
3. How many students, supported by NRC funding, have received Ph.D. or equivalent degrees?
a. Response is the number of students, for this reporting period and cumulative to the grant.
4. How many students, supported by NRC funding, have accepted a job and are employed in the
nuclear industry?
a. Response is the number of students, for this reporting period and cumulative to the grant.
5. How many items have students produced, for example, Professional Journal articles,
publications, patents, or conference reports?
a. Response is the type and number of items (not a bibliography), for this reporting period and
cumulative to the grant.
As part of the PPR, include the following information for each student supported under this award.
The information must be provided in the format below:
Trade School and Community College Scholarship Metrics:
1. How many students have been sponsored by NRC funding?
a. Response is the number of students, for this reporting period and cumulative
to the grant.
2. How many students, supported by NRC funding, have received certification or are
licensed in their field of study?
a. Response is the number of students, for this reporting period and cumulative
to the grant.
3. How many students, supported by NRC funding, have procured employment in the
nuclear industry?
a. Response is the number of students, for this reporting period and cumulative
to the grant.
As part of the PPR, include the following information for each student supported under this
award. The information must be provided in the format below:
Distinguished Faculty Advancement Metrics:
1. How many Faculty have been sponsored by NRC funding?
a. Response is the number of faculty sponsored, for this reporting period and cumulative to the
grant.
2. How many items have the sponsored faculty produced, for example, Professional Journal
articles, publications, patents, or conference reports?
a. Response is the type and number of items (not a bibliography), for this reporting period and
cumulative to the grant.
Unsatisfactory Performance
Failure to perform the work in accordance with the terms of the award and maintain at least a
satisfactory performance rating may result in designation of the recipient as high risk and the
assignment of special award conditions. Further action may be required as specified in the standard
term and condition entitled “Remedies for Noncompliance.”
Failure to comply with the award provisions may result in a negative impact on future NRC funding. In
addition, the Grants Officer may withhold payments; change the method of payment from advance to
reimbursement; impose special award conditions; suspend or terminate the grant.
Other Federal Awards with Similar Programmatic Activities
The recipient will immediately notify the Project Officer and the Grants Officer in writing if after award,
other financial assistance is received to support or fund any portion of the program description stated
in the NRC award. NRC will not pay for costs that are funded by other sources.
Prohibition Against Assignment by The Recipient
The recipient will not transfer, pledge, mortgage, or otherwise assign the award, or any interest to the
award, or any claim arising under the award, to any party, banks, trust companies, or other financing
or financial institutions without the written approval of the Grants Officer.
Site Visits
The NRC, through authorized representatives, has the right to make site visits to review project
accomplishments and management control systems and to provide technical assistance as required.
If any site visit is made by the NRC on the premises of the recipient or contractor under an award, the
recipient shall provide and shall require his/her contractors to provide reasonable access to all
facilities and provide necessary assistance for the safety and convenience of the Government
representative in the performance of his/her official duties.
IV. Additional Requirements
Criminal and Prohibited Activities
The Program Fraud Civil Remedies Act (31 U.S.C. §§ 3801-3812), provides for the imposition of civil
penalties against persons who make false, fictitious, or fraudulent claims to the Federal government
for money (including money representing grant/cooperative agreements, loans, or other benefits).
False statements (18 U.S.C. § 287), provides that whoever makes or presents any false, fictitious, or
fraudulent statements, representations, or claims against the United States shall be subject to
imprisonment of not more than five years and shall be subject to a fine in the amount provided by 18
USC §287.
False Claims Act (31 U.S.C. § 3729 et seq.), provides that suits under this Act can be brought by the
government, or a person on behalf of the government, for false claims under Federal assistance
programs.
Copeland “Anti-Kickback” Act (18 U.S.C. § 874), prohibits a person or organization engaged in a
Federally supported project from enticing an employee working on the project from giving up a part of
his compensation under an employment contract.
American-Made Equipment and Products
Recipients are encouraged to purchase American-made equipment and products with funding
provided under this award.
Increasing Seat Belt Use in the United States
E.O. 13043, amended by E.O. 13652, requires recipients to encourage employees and contractors to
enforce on-the-job seat belt policies and programs when operating company-owned, rented or
personally-owned vehicle.
Federal Leadership of Reducing Text Messaging While Driving
E.O. 13513 requires recipients to encourage employees, sub-awardees, and contractors to adopt
and enforce policies that ban text messaging while driving company-owned, rented vehicles or
privately-owned vehicles when on official Government business or when performing any work for or on
behalf of the Federal Government.
Federal Employee Expenses
Federal agencies are barred from accepting funds from a recipient to pay transportation, travel, or
other expenses for any Federal employee unless specifically approved in the terms of the award. Use
of award funds (Federal or non-Federal) or the recipient’s provision of in-kind goods or services, for
the purposes of transportation, travel, or any other expenses for any Federal employee may raise
appropriation augmentation issues. In addition, NRC policy prohibits the acceptance of gifts, including
travel payments for Federal employees, from Recipients or applicants regardless of the source.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1)
Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or
extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or
as critical technology as part of any system. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, 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).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph
(1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize
available funding and technical support to assist affected businesses, institutions and organizations
as is reasonably necessary for those affected entities to transition from covered communications
equipment and services, to procure replacement equipment and services, and to ensure that
communications service to users and customers is sustained.
Minority Serving Institutions (MSIs) Initiative
Pursuant to Presidential E.O., 13889, “Continuance of Certain Federal Advisory Committees”, and
E.O.13592 “Improving American Indian and Alaska Native Educational Opportunities and
Strengthening Tribal Colleges and Universities”; E.O. 13621, “White House Initiative on Educational
Excellence for African Americans”; 13779, “White House Initiative to Promote Excellence and
Innovation at Historically Black Colleges and Universities (HBCUs); 13872, “Economic Empowerment
of Asian Americans and Pacific Islanders”, 13935, “White House Hispanic Prosperity Initiative”, and
E.O.s 13309 and 12994, President’s Committee for People with Intellectual Disabilities.
The NRC is strongly committed to broadening the participation of MSIs in its financial assistance
program. The NRC’s goals include achieving full participation of MSIs/HBCUs in order to advance the
development of human potential, strengthen the Nation’s capacity to provide high-quality education,
and increase opportunities for MSIs/HBCUs to participate in and benefit from Federal financial
assistance programs. The NRC encourages all applicants and recipients to include meaningful
participation of MSIs/HBCUs. Institutions eligible to be considered MSIs/HBCUs are listed on the
Department of Education website: http://www.ed.gov/about/offices/list/ocr/edlite-minorityinst.html.
Research Misconduct
Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing,
performing, or reviewing research, or in reporting research results. It does not include honest errors or
differences of opinions. The recipient organization has the primary responsibility to investigate
allegations and provide reports to the Federal Government. Funds expended on an activity that is
determined to be invalid or unreliable because of scientific misconduct may result in a disallowance of
costs for which the institution may be liable for repayment to the awarding agency. The Office of
Science and Technology Policy at the White House published in the Federal Register on December 6,
2000, a final policy that addressed research misconduct. The policy was developed by the National
Science and Technology Council (65 FR 76260). The NRC requires that any allegation be submitted
to the Grants Officer, who will also notify the OIG of such allegation. Generally, the Recipient
organization shall investigate the allegation and submit its findings to the Grants Officer. The NRC
may accept the recipient’s findings or proceed with its own investigation. The Grants Officer shall
inform the recipient of the NRC’s final determination.
Publications, Videos, and Acknowledgment of Sponsorship
Publication of the results or findings of a research project in appropriate professional journals and
production of video or other media is encouraged as an important method of recording and reporting
scientific information. It is also a constructive means to expand access to federally funded research.
If the recipient releases information related to an NRC-funded project, the recipient is required to—(1)
submit a copy of such information to the NRC, and (2) include a statement that the project or effort
undertaken was/is sponsored by the NRC. The recipient is also responsible for assuring that every
publication of material (including Internet sites and videos) based on or developed under an award,
except scientific articles or papers appearing in scientific, technical, or professional journals, contains
the following disclaimer:
“This [report/video] was prepared by [Recipient name] under award [number] from [name of
operating unit], Nuclear Regulatory Commission. The statements, findings, conclusions, and
recommendations are those of the author(s) and do not necessarily reflect the view of the [name of
operating unit] or the U.S. Nuclear Regulatory Commission.”
Trafficking In Victims Protection Act Of 2000 (as amended by the Trafficking Victims
Protection Reauthorization Act of 2003)
Section 106(g) of the Trafficking In Victims Protection Act Of 2000 (as amended as amended, directs
on a government-wide basis that:
“…any grant, contract, or cooperative agreement provided or entered into by a Federal department or
agency under which funds are to be provided to a private entity, in whole or in part, shall include a
condition that authorizes the department or agency to terminate the grant, contract, or cooperative
agreement, without penalty, if the recipient or any subrecipient, or the contractor or any subcontractor
(i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the
period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in
the performance of the grant, contract, or cooperative agreement.” (See 22 U.S.C. §7104(g).)
EXECUTIVE COMPENSATION REPORTING
2 CFR § 170.220 directs agencies to include the following text to each grant award to a non-Federal
entity if the total funding is $30,000 or more in Federal funding.
Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $30,000.00 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111–5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in which
the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation
must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if—
i. the total Federal funding authorized to date under this award is $30,000.00 or more;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR
§ 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §
170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public
has access to the compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term:
i. As part of your registration profile at http://www.sam.gov .
ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §
170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards);
and
ii. The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public
has access to the compensation information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described
in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if
a subaward is obligated on any date during the month of October of a given year (i.e., between
October 1 and 31), you must report any required compensation information of the subrecipient by
November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000.00, you are
exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR Part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award
to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the
project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a
subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information see
17 CFR § 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based
Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g., severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or property)
for the executive exceeds $10,000.00.
File Type | application/pdf |
File Modified | 2023-08-29 |
File Created | 2023-08-29 |