§ 1402.207 What specific conditions apply?
(a) The following financial assistance award terms and conditions always apply to domestic for-profit entities:
(1) 2 CFR part 25, Universal Identifier and System for Award Management.
(2) 2 CFR part 170, Reporting Subawards and Executive Compensation Information.
(3) 2 CFR part 175, Award Term for Trafficking in Persons.
(4) 2 CFR part 1400, government-wide debarment and suspension (non-procurement).
(5) 2 CFR part 1401, Requirements for Drug-Free Workplace (Financial Assistance).
(6) 43 CFR part 18, New Restrictions on Lobbying. Submission of an application also represents the applicant's certification of the statements in 43 CFR part 18, appendix A, Certification Regarding Lobbying.
(7) 41 U.S.C. 4712, Whistleblower Protection for Contractor and Grantee Employees. The requirement in this paragraph (a)(7) applies to all awards issued after July 1, 2013.
(8) 41 U.S.C. 6306, Prohibition on Members of Congress Making Contracts with the Federal Government. No member of or delegate to the United States Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this paragraph (a)(8) shall not be construed to extend to an award made to a corporation for the public's general benefit.
(9) Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the Executive Order.
(10) 2 CFR part 183, Never Contract With the Enemy.
(11) 2 CFR 200.216, Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment.
(12) All applicable Executive orders.
(b) The following financial assistance award terms and conditions always apply to non-profit and domestic for-profit entities. The recipient shall insert the following clause in all subawards and contracts related to the prime award that are over the simplified acquisition threshold, as defined in the Federal Acquisition Regulation:
All awards and related subawards and contracts over the Simplified Acquisition Threshold, and all employees working on applicable awards and related subawards and contracts, are subject to the whistleblower rights and remedies in accordance with the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239).
Recipients, their subrecipients and contractors that are awarded contracts over the Simplified Acquisition Threshold related to an applicable award, shall inform their employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712.
(c) The following award terms and conditions apply to for-profit recipients as specified in 2 CFR 200.101:
(1) Administrative requirements: 2 CFR part 200, subparts A through D.
(2) Cost principles: 48 CFR part 31, subpart 31.2, Contracts with Commercial Organizations.
(3) Indirect cost rate negotiations. For information on indirect cost rate negotiations, contact the Interior Business Center (IBC) Indirect Cost Services Division by telephone at (916) 566–7111 or by email at ics@ibc.doi.gov. Visit the IBC Indirect Cost Services Division website at http://www.doi.gov/ibc/services/Indirect_Cost_Services/index.cfm for more information.
[84 FR 45635, Aug. 30, 2019, as amended at 86 FR 57531, Oct. 18, 2021]
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