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Chapters:

3.20 The American Recovery and Reinvestment Act of 2009

Special Conditions

Jump to Section:
Separate Tracking and Reporting of Funds
Activity Reporting and Registration Requirements
Active Central Contractor Registration
Provisions of Section 1512(c)
Data Universal Numbering System (DUNS)
Protecting State and Local Government and Contractor Whistleblowers
National Environmental Policy Act (NEPA) and Related Laws
Inapplicability of Non-Supplanting Requirement
Reporting on Potential Fraud, Waste, and Abuse, and Similar Misconduct
Subaward Monitoring
Access to Records
“Buy American” Notification Section 1605

The following special conditions may apply to some, but not all, of the Recovery Act programs. Please refer to your program award document for the exact set of terms and conditions.

information iconFinancial Management Tip

As a direct recipient or subrecipient, you are responsible for knowing and complying with the specific terms and special conditions of your award.

Separate Tracking and Reporting of Funds

  • For the majority of Recovery Act programs, the recipient must track, account for, and report on all funds received from the Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all funds, including DOJ award funds from non-Recovery Act grants awarded for the same or similar purposes or programs.
  • Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but you must track and report on Recovery Act funds separately.

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Activity Reporting and Registration Requirements

  • For many awards involving Recovery Act funding, the recipient must report on the use of Recovery Act funds. Information from these reports will be made available to the public.
  • The reports are due no later than 10 calendar days after the end of each calendar quarter for the life of each Recovery Act award.

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Active System for Award Management Registration

  • You and your first-tier subrecipients must maintain current registrations in The System for Award Management (SAM) as long as you have active Federal awards funded under the Recovery Act. (See also Chapter 3.15: Reporting Requirements.)
  • As the recipient, you agree to expeditiously obtain active registration with the SAM database if you do not currently have one, and to notify the relevant program office in writing of your updated registration.
  • Following satisfaction of this requirement, a Grant Adjustment Notice (GAN) will be issued to remove this special condition.

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Provisions of Section 1512(c)

For awards of $25,000 or more with Recovery Act funding, each recipient must submit a quarterly progress report no later than 10 days after the end of each calendar quarter through the data collection website.

  • The report must contain the following data:
  • The total amount of Recovery Act funds received from that agency;
  • The amount of Recovery Act funds received that were expended or obligated to projects or activities; and
  • A detailed list of all projects or activities for which Recovery Act funds were expended or obligated.
  • The detailed list must include the following information for each project or activity:
  • Its name;
  • Its description;
  • An evaluation of its completion status;
  • An estimate of the number of jobs the project or activity has created or retained; and
  • For infrastructure investments made by State and local governments, the purposes, total cost, and rationale of the agency for funding the Recovery Act.

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Data Universal Numbering System (DUNS)

As the prime recipient, you must ensure that each of your first-tier subrecipients has a valid DUNS profile no later than the due date of your first quarterly report after a subaward is made.

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Protecting State and Local Government and Contractor Whistleblowers

If you are the recipient of Recovery Act funds, be aware that the Act protects employees of non-Federal organizations against reprisal if they disclose information reasonably believed to be evidence of gross mismanagement, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to the award.

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National Environmental Policy Act (NEPA) and Related Laws

  • All OJP awards are subject to NEPA and other related Federal laws (including the National Historic Preservation Act).
  • If as a recipient you plan to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers the requirements of NEPA and related laws (e.g., renovation or construction), then you agree to assist OJP in carrying out its responsibilities under these laws.
  • As a recipient of Recovery Act funds, in accepting your award, you also agree to comply with all Federal, State, and local environmental laws and regulations applicable to the activities under each award.

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Inapplicability of Non-Supplanting Requirement

If your award is funded entirely or in part by Recovery Act dollars, then the general non-supplanting requirement described in Chapter 2.3: Standards for Financial Management Systems of this Guide does not apply to you.

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Reporting on Potential Fraud, Waste, and Abuse, and Similar Misconduct

This condition applies to all recipients and subrecipients of awards with any amount of Recovery Act funding.

  • Under the False Claims Act, the recipient must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either submitted a false claim for Recovery Act funds or committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds.
  • You can report potential fraud, waste, abuse, or misconduct to the OIG via email at oig.hotline@usdoj.gov, telephone at 1-800-869-4499, fax at 202-616-9881, or mail to the following address: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, NW., Room 4706, Washington, DC 20530.

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Subaward Monitoring

  • As the award recipient, you agree to monitor subawards under the Recovery Act in accordance with applicable statutes, regulations, Office of Management and Budget (OMB) circulars, and guidelines, including the OJP Financial Guide. You also agree to pass through the applicable award conditions to any subawards.
  • As the award recipient, you are responsible for oversight of your subrecipient spending and monitoring of specific outcomes and benefits of the use of Recovery Act funds.
  • You must submit, upon request, documentation of your policies and procedures for monitoring of subawards under the Recovery Act.

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Access to Records

DOJ (including OJP and OIG) and its representatives, as well as officials from the Government Accountability Office, have the right to examine all records (including but not limited to books, papers, and documents) related to each Recovery Act award, including such records of any subrecipient, contractor, or subcontractor.

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“Buy American” Notification Section 1605

Any Recovery Act award is subject to the provisions of Section 1605 of the Recovery Act. This section says that no recipient may use award funds for iron, steel, or manufactured goods for the construction, alteration, maintenance, or repair of a public building or public work. However, an exception to this rule may be made if the recipient provides advance written notification to the appropriate OJP program office, and a GAN is issued that modifies this special condition to add Government-wide standard conditions. These conditions (anticipated to be published in Subpart B of Title 2 CFR Part 176 [PDF - 243 KB]) will further implement the specific requirements or exceptions of Section 1605.

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