20 CFR §641.430
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Subject to § 641.440, each applicant must meet the listed responsibility “tests” by not having committed the following acts:
- (a)The Department has been unable to recover a debt from the applicant, whether incurred by the applicant or by one of its sub-recipients, or the applicant has failed to comply with a debt repayment plan to which it agreed. In this context, a debt is established by final agency action, followed by three demand letters to the applicant, without payment in full by the applicant.
- (b)Established fraud or criminal activity of a significant nature within the applicant's organization.
- (c)Serious administrative deficiencies identified by the Department, such as failure to maintain a financial management system as required by Federal regulations.
- (d)Willful obstruction of the auditing or monitoring process.
- (e)Failure to provide services to applicants as agreed to in a current or recent grant or to meet applicable core performance measures or address other applicable indicators of performance.
- (f)Failure to correct deficiencies brought to the grantee's attention in writing as a result of monitoring activities, reviews, assessments, or other activities.
- (g)Failure to return a grant closeout package or outstanding advances within 90 days after the grant expiration date or receipt of closeout package, whichever is later, unless an extension has been requested and granted.
- (h)Failure to submit required reports.
- (i)Failure to properly report and dispose of Government property as instructed by the Department.
- (j)Failure to have maintained effective cash management or cost controls resulting in excess cash on hand.
- (k)Failure to ensure that a sub-recipient complies with applicable audit requirements, including OMB Circular A-133 and the audit requirements specified at § 641.821.
- (l)Failure to audit a sub-recipient within the period required under § 641.821.
- (m)Final disallowed costs in excess of five percent of the grant or contract award if, in the judgment of the Grant Officer, the disallowances are egregious findings.
- (n)Failure to establish a mechanism to resolve a sub-recipient's audit in a timely fashion. (OAA § 514(d)(4)).