NOTICE OF COOPERATIVE AGREEMENTAWARD BETWEEN THE

(INSERT NAME OF COOPERATOR)AND THE

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Standard language, if perchance you are awarding to a secondary or tertiary component of the organization you may list them out here.

MANDATORY

ARTICLE 1 - PURPOSE

Insert purpose of project. Example:

The purpose of this Agreement is to provide Federal financial assistance to conduct surveillance activities that will provide specific information to the Cooperator, APHIS, and other interested parties for [Insert purpose].

MANDATORY ARTICLE

This is standard language delineating the primary purpose of the cooperative agreement. Include a brief summary of the work that is to be conducted under the agreement. Make sure it's specific enough to the workplan.

MANDATORY

ARTICLE 2 - AUTHORITIES

Include APHIS’ program authority to cooperate and any other significant Federal statutes. Authorities are to be specific to the particular program and project(s). The following cite is often used for PPQ & BRS programs:

Under the Plant Protection Act (PPA), as amended, (7 USC §§ 7701 et. seq.), the Secretary of Agriculture is authorized to issue regulations and orders to prevent, detect, control, eradicate, suppress, or retard thespread of plant pests or noxious weeds into or within the United States and to cooperate with other Federal agencies or entities, States or political subdivisions of States, national governments, local governments of other nations, domestic or international organizations, domestic or international associations, and other persons to carry out the purposes of the PPA.

MANDATORY ARTICLE

This is standard language that defines the underlying authorities supporting the agreement.

Select appropriate citation for your APHIS program unit. The language must be restated verbatim. Add in additional APHIS authorities as appropriate to the project.

MANDATORY

ARTICLE 3- MUTUAL UNDERSTANDINGS AND RESPONSIBILITIES

The cooperating parties agree to/that:

a. A mutually satisfactory annual work plan and financial plan developed by the Cooperator and APHIS are incorporated into this Agreement by reference. If APHIS initially awards a reduced level of funding during a Continuing Resolution (CR), there will be a corresponding decrease in the projected accomplishments for the funding period. Upon

MANDATORY ARTICLE

This article is standard and defines the responsibilities and agreements being entered into by the parties to the agreement. All of the sections in this article must be in each Notice of Award (NOA).

Section “a” ensures that the associated work and financial plans are considered to be part of the agreement and explains how funds will be handled under a Continuing Resolution. Work and financial plans should be well thought out and represent true quarterly spending projections. Work Plans should provide detailed descriptions of the specific activities

extension of the CR or passage of an appropriation by Congress, revisions will be executed to increase the federal share based on available funds, not to exceed the level reflected in the annual financial plan.

b. The provisions of this Agreement will not replace functions that are being conducted by the Cooperator but will supplement those activities and increase program benefits to all parties.

c. The employee(s) responsible for this work will be under the general program direction of the Cooperator and APHIS. Supervision of personnel will be provided by their employing organization, and they will be subject to their employing organization’s rules and regulations.

that will be executed to achieve the agreement objectives. Include quantifiable measures, when possible, that allow for comparison between expected and actual results.

Section “b” explains the impact of the agreement on ongoing activities of the cooperator.

Section “c” establishes responsibility for program direction for the work being done under the agreement. It is a critical component as it alleviates specific liabilities of APHIS.

MANDATORY

ARTICLE 4 – COOPERATOR RESPONSIBILITIES

The Cooperator agrees to/that:

a. Designate in writing to APHIS the Cooperator's authorized representative who shall be responsible for collaboratively administering the activities conducted under this Agreement.

b. Furnish personnel, as required, to accomplish the activities outlined in the work plan and financial plan.

c. Provide funds as partial payment of expenditures incurred in carrying out the terms of this Agreement in accordance with the Work plan and financial plan. This paragraph is deleted if the cooperator does not cost share.

d. The Cooperator’s representative designated as required in Article 4.a shall submit to APHIS’ authorized representative accomplishment reports on activities outlined in the Work plan on a [choose one: annual, semiannual, quarterly] basis. The reports will be used by APHIS to verify compliance with provisions of this Agreement. The final accomplishment report is due no later than 90 days after the Agreement expires.

Any requests for an extension of time to submit the reports must be justified and made in writing to APHIS’ authorized representative before expiration of the initial 30 or 90-day period allowed for submitting the report. Extensions of time to submit the reports are subject to the discretion of APHIS’ authorized representative and, if allowed, shall be provided by the authorized

MANDATORY ARTICLE

Article 4 outlines the cooperator’s responsibilities under the agreement. Most sections are required; those that are flexible or only required in certain circumstances are indicated.

Section “a” is standard language that identifies the cooperator’s authorized representative as the party responsible for collaborating on the work under the agreement.

Section “b” is standard language that identifies the responsibility of the cooperator to furnish required personnel to accomplish the work under the agreement.

Section “c” is to be used if there is a cost share and describes the responsibility of the cooperator to provide funds under a cost-share. Use only if applicable.

Section “d” is standard language that reflects reporting requirements under the agreement. The Authorized Departmental Officer’s Designated Representative (ADODR) and cooperator should consult on the appropriate reporting frequency based on the work being conducted under the agreement. Section d also outlines the process to be followed if an extension of time is required for submitting reports. Requests for extension of deadlines for submitting accomplishments reports and the ADODR decision on such requests should be provided in writing and copies maintained. Reporting may not be required more than quarterly, but must be done at least annually. Note that reporting dates will vary depending upon the effective dates of the agreement. To facilitate reporting of accomplishments,

representative in writing. When an agreement includes multiple projects covered by multiple Work plans and Financial plans, each project must be reported separately.

e. Submit to APHIS’ designated representative properly certified Federal Financial Reports (FFR), SF-425. They should be submitted on a [choose one and insert due dates accordingly: annual, semiannual, quarterly] basis. The final performance report is due no later than 90 days after the Agreement expires.

Any requests for an extension of time to submit the FFR must be justified and made in writing to APHIS’ authorized representative before expiration of the initial 30 or 90 day period allowed for submitting the report. Extensions of time to submit the FFR are subject to the discretion of APHIS’ authorized representative and, if allowed, shall be provided by the authorized representative in writing. When an agreement includes multiple projects covered by multiple Work plans and Financial plans, each project must be reported on a separate FFR. Further, all federal funds reflected as unobligated on the final FFR will no longer be available for obligation by the Cooperator.

f. Treat any program income derived under this Agreement using the Deduction Alternative in accordance with the provisions of 2 CFR Part 200.307 which provides for a decrease in the financial contributions of each cooperating party to this project.

g. Submit to APHIS a properly certified Request for Advance or Reimbursement, SF-270, when requesting payment for expenditures. A payment request may be submitted quarterly or more frequently; however, advance of funds will be made by APHIS in increments as indicated under 11.j of the SF-270 to cover monthly disbursement needs.

it is helpful for the cooperators to discuss and agree on performance milestones at the beginning of the process. This will allow cooperating parties to determine what progress is being made with accomplishing the goals of the agreement. In addition, it is helpful to use the same order, terminology, and numbering conventions in the accomplishments reports as are used in the work plan. This will facilitate tracking of accomplishments around the specific objectives of the agreement.

Section “e” is standard language outlining requirements for financial reporting (annual, semi-annual, or quarterly basis) and also outlines the process to be followed if an extension of time is required for submitting reports. Requests for extension of deadlines for submitting financial reports and the ADODR decision on such requests should be provided in writing and copies maintained. In addition, the ADODR is required to issue an “overdue” letter to the cooperator if the required deadlines for accomplishment and financial reporting are not met. Choose the appropriate reporting date based on discussion with the ADODR. Reporting may not be required more than quarterly but must be done at least annually. Please note that the reporting schedule for financial reports may be different from the reporting schedule for accomplishment reports.

Financial reports help the ADODR track spending and determine when deobligation of funds may be needed, which increases opportunities for funds to be used elsewhere. Be mindful of the fact that annual funds, if deobligated at the end of the fiscal year, are returned to the Treasury and cannot be redirected to other activities.

Section “f” is standard language describing the default method for calculating program income. If the cooperator would like to calculate their program income using an alternative method, it should be negotiated with the ADODR. Seek the assistance of the Agreements Services Center (ASC) when this language needs to be changed.

Section “g” is standard language that requires submission of a certified request on Standard Form (SF) 270 for any advance or reimbursement for expenditures under the agreement. Section g also delineates the frequency with which requests or advance of funds may be made.

Section “h” is standard language that authorizes APHIS

h. APHIS may withhold payments called for inArticle 5.b under the conditions outlined in 2 CFR Part 200.305 (b) (6) including failure to comply with project objectives, Federal statutes, regulations, or the terms and conditions of the award, and Federal reporting requirements; if the Cooperator or a sub-recipient is delinquent on debt to the United States, or such other conditions outlined in the cited regulations.

i. Comply with 2 CFR 417, Subpart C to ensure that any subrecipients that carry out the provisions of this Agreement are not debarred or suspended. Subrecipients are required to disclose if they, or any of their principals, are currently excluded or disqualified.

j. Comply with and enforce the requirements for a drug-free workplace as mandated in 2 CFR Part 421, "Requirements for Drug-Free Workplace".

k. Comply with and enforce the requirements in 2 CFR Part 418 for completion of the Certification Regarding Lobbying and the SF-LLL, Disclosure of Lobbying Activities. Such certifications and disclosures apply to the Cooperator and any subgrants and subcontracts exceeding $100,000.

l. When connected to the USDA-APHIS Network or hosting APHIS information and/or information systems, comply with the federal, USDA, and APHIS security and privacy requirements to protect APHIS information and information systems against cyber threats and unauthorized intrusions as required by the Federal Information Security Management Acts of 2002 and 2014 (FISMA), the National Cybersecurity Protection Act of 2014, and the Privacy Act of 1974.  Specific USDA/APHIS control guidelines are outlined in the most current version of the USDA/APHIS Information System Security Handbook. In accordance with USDA and APHIS regulations and policies on email, the Recipient will not download any material (i.e., pictures, movies, or music files) bearing a copyright, nor access any material defined as inappropriate in these regulations and directives.  Additionally, the Recipient agrees that any of its personnel that are given access to the APHIS network, any systems on the APHIS network, or any personnel using APHIS-owned or funded computer equipment will take all APHIS required security and privacy training. Furthermore, the Recipient will not disseminate, post, or publish in any capacity official government information or data unless authorized to do so by this Agreement.

Current APHIS security and privacy requirements, policies, and guidelines can be obtained through the APHIS Information System Security program Manager.  APHIS follows USDA’s processes which are based on the

to withhold payments under conditions cited in governing regulations.

Section “i” is to be used when there is a subrecipient. It ensures that any subrecipient used to further the purposes of the agreement is not debarred or suspended. Use http://www.sam.gov/ to find out who is suspended or debarred.

Section “j” requires compliance with the provisions of 2 CFR Part 421, “Requirements for a Drug-Free Workplace.”

Section “k” is standard language required under 2 CFR Part 418 to ensure transparency. To find the directives listed in this paragraph please visit: http://www.ocio.usda.gov/policy-directives-records-forms/directives-categories

Section “l” is standard language delineating the responsibility of the cooperator to follow cybersecurity guidelines and take required cybersecurity training when the work under the agreement requires the cooperator to be connected to the APHIS network.

most current National Institute of Standards and Technology (NIST) special publications such as NIST Special Publications (SP) 800-37 and SP 800-53 and -53A.

m. Work with the appropriate APHIS Program Unit's Information Systems Security Manager and the APHIS Information Systems Security Program Manager to ensure compliance with the FISMA assessment and authorization (A&A) requirements for APHIS information and information systems.  The Recipient must follow USDA/APHIS A&A guidelines and standards described in the USDA six step risk management framework process guide located at:  USDA Six Step Risk Management Framework (RMF) Guide.  The guide is based on applicable National Institute of Standards and Technology (NIST) publications such as, NIST SP 800 – 37, Guide for Applying the Risk Management Framework to Federal Information Systems; and, NIST SP 800 – 53, Recommended Security Controls for Federal Information Systems.

n. If applicable, when transmit frequency determining devices (transmitters) are owned by the Federal Government, the Federal Government will have responsibility for frequency support (frequency authorizations for fixed locations). If Cooperator-owned devices are provided, it will be the Cooperator’s responsibility to obtain frequency support by application to the Federal Communications Commission for use of government frequencies, or to obtain non-government frequencies. All radio equipment will be maintained to original factory technical specifications. Mobile radio equipment removed from service will be kept at a central location with notification made to the designated Federal official. Notification of any changes, relocation, or removal of base stations or repeater stations in the system will be made to the APHIS Radio Communications Manager at Lakewood, Colorado, who will be available for technical guidance and, if needed, make periodic trips to monitor the system.

o. If applicable, maintain an inventory control system of property purchased by the Cooperator in whole or in part with Federal funds as required in the Section entitled “Equipment.” In accordance with 2 CFR Part 200.313 (d), Cooperators shall conduct a physical inventory at least every two years and make available, as requested, the required records for review by APHIS. A copy of the reconciled final inventory report will be provided to APHIS as stated in Article 13 of this Agreement.

p. If applicable, provide an annual inventory

Section “m” is standard language that establishes the responsibility of the cooperators to ensure compliance with certification and accreditation requirements and system requirements for any information technology systems developed, modified, or maintained under the terms of the cooperative agreement. These requirements can be found on the NIST website at: http://csrc.nist.gov/publications/nistpubs/index.html

Section “n” is used when radio equipment is to be used under the terms of the agreement. If radio equipment is not being used under the agreement, this section can be omitted.

The APHIS National Radio Program Manager is Robert (Bob) Strickland, Robert.J.Strickland@aphis.usda.gov

Section “o” requires an inventory of property purchased by the cooperator in whole or in part with Federal funds. If equipment is not purchased using Federal funds, this section can be omitted. Equipment is defined as tangible, nonexpendable personal property having a useful life of more than 1 year and an acquisition cost of $5,000 or more per unit. If an inventory is required, section “o” delineates the requirements for conducting and reconciling the inventory of equipment. Although section “o” is about equipment rather than supplies, please note that with respect to supplies, there is a balance to be achieved between ensuring sufficient supplies on hand to complete the work of the agreement during its effective

report of any Federally-owned or Federally-leased equipment on loan to the Cooperator to include a description, manufacturer model and serial number, acquisition date and cost. A disposition request shall be made to APHIS when the property is no longer needed.

q. When the Federal share of total project costs as reflected in the Financial plan is over the Simplified Acquisition Threshold of $150,000 and a cumulative transfer among direct cost categories is in excess of ten percent of the current approved total budget, the Cooperator will request written prior approval for the budget revision. The Cooperator will submit a revised SF-424A, Budget Information, and detailed Financial plan under a cover letter to the APHIS awarding official containing a narrative justification for the proposed revision. Transfers of funds among programs, functions, or activities as indicated in Section B of the SF-424A are prohibited.

r. Comply with the requirements for coordination, development, and use of geospatial data as mandated in OMB Circular A-16, “Coordination of Geographic Information and Related Spatial Data Activities”.

s. Meet the reporting requirements of the Federal Funding Accountability and Transparency Act by providing the following information. Parent organization Data Universal Numbering System (DUNS) number; primary place of performance street address, city, county, state, country and zip code; indicate if performance is in multiple counties and/or states; and provide any comments that might be relevant. APHIS will provide a supplemental sheet for the Cooperator’s convenience in recording this information.

t. Pursuant to 31 USC Chapter 37, any funds paid to a Cooperator in excess of the amount to which the Cooperator is finally determined to be entitled under the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by:

(1) Making an administrative offset against other requests for reimbursements.

(2) Withholding advance payments otherwise due to the Cooperator

(3) Taking other action permitted by statute.

period and stockpiling supplies for subsequent years. Funds from an existing agreement should not be used to stockpile supplies in anticipation of a new or continuing agreement the following year.

Section “p” requires, if applicable, an annual inventory of property loaned or leased to the cooperator by the Federal agency. If Federal property is not being loaned or leased to the cooperator, this section can be omitted.

Section “q” is standard language that allows more than 10 percent of the budget under the agreement to be transferred among direct cost categories only with prior written approval from the ADODR when the Federal share of total project costs exceeds $150,000. Section “p” lays out the requirements for making such a request. Each request for revision must be accompanied by revised work and financial plans that support the revision. The language of section “q” is derived from 2 CFR Part 200.313(d)(4).

Section “r” is standard language that establishes responsibility for complying with Office of Management and Budget Circular A-16. The purpose of OMB Circular A-16 is to comply with Federal Geographic Data Committee standards for documenting geospatial data (i.e. metadata). All mapping and GIS projects should preserve data so that they are readily available and can be easily shared with other agencies or non-federal users. All mapping and GIS projects must be documented properly. Existing systems should be used or built on whenever possible. Duplicate collection of data should be avoided and data that is collected should be necessary and validated. Personal information must be protected.

Section “s” is standard language that requires compliance with reporting requirements under the Federal Funding Accountability and Transparency Act by providing the information delineated.

Section “t” is standard language establishing the fact that any funds paid in excess of what the cooperator is entitled to under the award will be a debt owed to the Federal Government and must be paid within a reasonable time after the demand for payment is made. If not paid, the Agency may take one of the actions delineated.

Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR, Chapter II “Federal Claims Collection Standards” and 31 USC, Chapter 37.

u. Any information furnished to APHIS under this Agreement is subject to the Freedom of Information Act (5 USC 552).

v. Unless otherwise specified in the Work plan, provide vehicles and other equipment for its employee(s) while performing the activities outlined in the Work plan.

w. Comply with the Executive Order entitled “Federal Leadership on Reducing Text Messaging While Driving” signed by President Barack Obama on October 1, 2009, by prohibiting cooperators, cooperator employees, subrecipients, contractors, and subcontractors from texting while driving on official business and/or in Federally-owned, rented, or leased vehicles (collectively government owned vehicles) or privately owned vehicles when on official Government business or when performing any work for or on behalf of or in cooperation with the Federal government.

Further, APHIS encourages the Cooperator to implement--and to encourage its Cooperators, sub-Cooperators, contractors, and subcontractors, to implement--new rules and programs, and re-evaluate existing programs to prohibit text messaging while driving, and conduct education, awareness, and other outreach for its employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the text messaging policy while off duty.

For purposes of this requirement, the following definitions apply:

(1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

(2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without

Section “u” is standard language informing the cooperator that information furnished to APHIS under the agreement may be subject to the Freedom of Information Act.

Section “v” is standard language requiring the cooperator to provide vehicles and equipment for its employees unless otherwise specified in the work plan.

Section “w” is standard language prohibiting cooperators, cooperator employees, subrecipients, contractors, and subcontractors from texting while driving on official business. This applies while driving Federally owned, rented, or leased vehicles or privately owned vehicles when on official Government business or when performing any work for, on behalf of, or in cooperation with the Federal Government. Section “w” also encourages cooperators, contractors, and subcontractors to implement policies and programs that prohibit texting while driving. Section “w” provides definitions consistent with the Federal Executive Order.

the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

x. Conduct audits as required under under2 CFR Part 200.500 and follow 2 CFR Part 200.512 for audit submission requirements.

y. When specified in the work plan, submit to APHIS, prior to publishing any request for proposals or invitation to bid, a copy of draft statement(s) of work and specifications for products or services to be procured in support of the project covered by this Agreement. APHIS will be provided 15 calendar days to review these documents and provide input on the content.

z. Post “And Justice for All” posters, which provide instruction for filing a program complaint of discrimination, in work spaces. The poster is available on the ASC website as follows: http://www.aphis.usda.gov/mrpbs/fmd/toolkit.shtml

aa. When a State or State Agency or any other non-Federal entity enters into an agreement with USDA-APHIS for mutual aid where those employees are not covered by the OSHA regulations, then the State, State Agency, or non-Federal entity employees must adhere to the same requirements to which the USDA-APHIS employees are held (i.e., meeting the applicable OSHA regulations for the work activities). 

Section “x” is standard language that makes clear the cooperator’s responsibility to conduct audits required under the regulations and provide the Agency’s designated representative with a copy of the report or access to the site where it is posted. 7 CFR 3052 was promulgated to administer the provisions of the Single Audit Act amendments of 1996, which requires that audits be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. The cooperator is expected to have a system in place to oversee their accounting systems. The Federal Government may also conduct audits from time to time through the awarding agency or the Government Accountability Office.

Section “y” is standard language that requires the cooperator to submit to the Agency draft statements of work when publishing requests for proposals or bid solicitations for products or services to be procured in support of the project covered by the agreement. The Agency has 15 calendar days to review and provide feedback on the statements of work. Section “y” must be included in any agreement where a sub-award will be made that will require compatibility of Cooperator and APHIS equipment/systems or actions involving APHIS information, regulations, protocols, or resources. Where no goods or services are being procured through a contract or sub-award, this section can be omitted.

Section “z" is standard language requiring that posters providing instructions for filing program complaints of discrimination are posted in the cooperator’s work spaces and provides a link to locate the downloadable posters.

Section “aa” is standard language as APHIS repeatedly identified situations where cooperators are working alongside APHIS employees; the APHIS employees are following safety protocols developed by their supervisor based on regulations established by OSHA and other regulatory entities and/or APHIS/USDA policies.  The cooperators in most cases do not adhere to the same safety protocols because they may or may not have to follow the same regulations.  This creates a work environment where everyone is not working from the same playbook and someone could get seriously injured.

MANDATORY ARTICLE MANDATORY ARTICLE

ARTICLE 5 – APHIS RESPONSIBILITIES

APHIS agrees to/that:a. Designate in writing to the Cooperator

APHIS' ADODR who shall be responsible for collaboratively administering the activities conducted under this Agreement. Should this individual be temporarily detailed to another position or on extended absence, a letter will be issued to the Cooperator by the APHIS signatory official to appoint a temporary ADODR.

OR

a. Designate Dr. John Doe as its ADODR who shall be responsible for collaboratively administering the activities conducted under this Agreement. Should this individual be temporarily detailed to another position or on extended absence, a letter will be issued to the Cooperator by the APHIS signatory official to appoint a temporary ADODR.

b. Provide funds on an advance or reimbursable basis as partial payment of allowable, agreed-to costs incurred by the Cooperator in carrying out the terms of this Agreement in accordance with the work plan and financial plan.

c. Make advance payments, if requested by the Cooperator, monthly and upon receipt of a properly certified Request for Advance or Reimbursement, SF270.

d. Provide personnel and other resources to carry out its responsibilities as outlined in the work plan and financial plan.

e. Upon receipt of any final Federal Financial Report, SF-425, that reflects an unobligated balance of $1,000 or more, provide written notification to the Cooperator that the balance of Federal funds reported as unobligated will no longer be available to the Cooperator. Balances of less than $1,000 will automatically be deobligated by APHIS without notification.

f. Assist the cooperator in selecting qualified candidates to perform activities outlined in the work plan and financial plan and provide general program direction to employees assigned to the cooperative endeavor. However, the assigned employees will remain subject to the cooperator's rules and regulations.

Article 5 is standard language outlining responsibilities of the Agency under the cooperative agreement.

Section “a” designates the ADODR either by name or by reference. One method should be chosen for the agreement. If the ADODR is designated by name in the Notice of Award and is subsequently detailed to another position or is on an extended absence, complete an official letter to the Cooperator signed by the Authorized Designated Officer (ADO) to temporarily designate another ADODR.

Section “b” is standard language outlining the Agency’s responsibility to provide funds to support the agreement. The word partial should only be used if there is a cost share. If there is no cost share delete this word, as APHIS will be providing complete payment.

Section “c” is standard language allowing for advance payments to be made monthly upon request.

Section “d” is standard language outlining the Agency’s responsibility to provide personnel and other resources to carry out its responsibilities as outlined in the work and financial plans.

Section “e” is standard language requiring the Agency to provide written notification to the cooperator that unobligated balances of $1,000 or more, as reflected in the final Federal Financial Report, will no longer be available to the cooperator. Balances of less than $1,000 will automatically be deobligated without notification.

Section “f” outlines the responsibility of the Agency to assist the cooperator in selecting qualified candidates to perform activities under the agreement and provide general program direction to employees working under the agreement. This section should be used only if it is a true reflection of the relationship.

g. Provide special training to carry out assignments, as mutually deemed necessary.

Section “g” outlines the Agency’s responsibility to provide special training necessary to carry out assignments, if needed and mutually deemed necessary. This section can be omitted if it is not applicable.

Note that any specific responsibilities related to APHIS’ substantial involvement in the agreement (e.g., determining location of surveys, participate in design and/or execution of activities, supporting storage or analysis of data, etc.) can also be included in section 5.

MANDATORY ARTICLE

ARTICLE 6 - DATA SHARING AND RESPONSIBILITIES

a. Data to be Shared: The parties agree to provide plant protection and quarantine data to each other. The data to be provided to each Party by the other Party includes, but is not limited to, plant protection and quarantine surveys, diagnostic information, detection activities, inspection reports, and pest interception data. Each party is responsible for transmitting the provided data to its own authorized employees, Cooperators, and contractors as applicable and necessary, in order to carry out responsibilities under their respective plant health authorities. Each party agrees that it will ensure, to the extent provided by applicable laws and regulations, that data provided by the other party are not released to anyone that is not authorized to receive it.

b. Data Utilization: The parties agree that the provided data will only be used in the administration and enforcement of each party’s respective plant health laws and regulations. Data provided by the parties under this Agreement may be used to ensure compliance with their respective plant health laws and regulations; to respond to domestic plant pest and disease emergencies, interceptions, and trace backs; to enhance delivery of pest exclusionary programs and activities; to support pest surveying activities; to develop quarantines and other appropriate measures for pest management and mitigation; to implement or improve international pre-clearance and/or pest eradication programs and activities, pest risk assessments, phytosanitary trade support, and the issuance of plant protection and quarantine permits; and to develop, in cooperation with Federal research agencies, new and improved methods, techniques and procedures for use in cooperative plant protection and quarantine programs and activities. Each

MANDATORY ARTICLE

Article 6 addresses data sharing responsibilities pursuant to Section 1619 of the Farm Bill, which restricts the sharing of producer information. An attachment to the Notice of Award provides additional information on Section 1619.

Section “a” outlines general agreement for the cooperating parties to share data with one another to carry out the purposes of the agreement and requires that the cooperators prevent release of the data to anyone not authorized to receive it.

Section “b” limits the use of shared data to the administration and enforcement of each party’s plant health laws and regulations.

party agrees that it will ensure that the provided data is used only for purposes specified in this Agreement and only in a manner consistent with the provisions of the Plant Protection Act.

c. Data Restrictions: The Cooperator agrees and acknowledges that the data provided by APHIS pursuant to this Agreement is solely APHIS data and as such is or may be subject to the confidentiality provisions of Section 1619 of the Food, Conservation, and Energy Act of 2008, 7 USC §8791, (Section 1619) and the Privacy Act of 1974 and also agrees to safeguard such confidentiality and prohibit any unauthorized access to the data provided by APHIS as required by Section 1619. The Cooperator further agrees and acknowledges that if Section 1619 does apply to some or all of the APHIS provided data, that pursuant to Section 1619, the Cooperator is bound to and will comply with Section 1619 (copy attached as Appendix A) and related APHIS guidance. The Cooperator understands that it may not release any of the data provided by APHIS since it is Federal Government data and it agrees to refer any and all requests for the data provided by APHIS, not otherwise authorized to be released under this Agreement and applicable Federal laws and regulations, to:

USDA, APHIS Legislative and Public Affairs Freedom of Information and Privacy Act Office 4700 River Rd. Unit 50, Riverdale, MD 20737 Telephone: (301) 851-4102

Additionally, the Cooperator agrees that it will, if requested by APHIS, enter into a separate written agreement with APHIS to protect from release or disclosure any data provided by APHIS that is subject to Section 1619.

Section “c” indicates the cooperator’s acknowledgement of an agreement with limitations on the ownership of APHIS-provided data and the applicability of confidentiality provisions of Section 1619 of the Farm Bill and the Privacy Act of 1974. The cooperator agrees to refer any requests for data provided by APHIS to the Agency’s Freedom of Information and Privacy Act staff. A copy of Section 1619 is included with the Notice of Award as Appendix A to the award.

MANDATORY ARTICLE

ARTICLE 7 – SYSTEM FOR AWARD MANAGEMENT AND

UNIVERSAL IDENTIFIER REQUIREMENTS

The Cooperator shall comply with Title 2 CFR Part 25, “Financial Assistance Use of Universal Identifier and Central Contractor Registration” as specified below.

a. Requirement for System for Award Management (SAM) Registration (formerly known as Central Contractor Registration (CCR)

Unless you are exempted from this

MANDATORY ARTICLE

Article 7 is standard language requiring that the cooperator maintain current information in the SAM in compliance with 2 CFR Part 25

Section ”a” requires that the cooperator maintain current information in the SAM, unless specifically exempted under the regulations, until a final financial report is submitted to the Agency or the cooperator receives final payment, whichever is later. Information should be

requirement under 2 CFR 25.110, you as the Cooperator must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.

b. Requirement for Data Universal Numbering System (DUNS) Numbers

If you are authorized to make subawards under this award, you:

(1) Must notify potential subrecipients that no entity (see definition in paragraph c. of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.

(2) May not make a subaward to an entity unless the entity has provided its DUNS number to you.

c. Definitions

For purposes of this award term:

(1) System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperator. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov).

(2) Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc., (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform.

(3) Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, Subpart C:

(a) A Governmental organization, which is a State, local government, or Indian Tribe; (b) A foreign public entity; (c) A domestic or foreign nonprofit organization; (d) A domestic or foreign for-profit organization; and

updated annually or more frequently if cooperator information changes.

Section “b” requires that any cooperator authorized to make subawards under the agreement must notify potential subrecipients that they must provide a DUNS number to be eligible to be a subrecipient.

Section “c” defines the terms used in Article 7, including SAM; DUNS; Entity; Subaward; and Subrecipient.

Subsection 1 defines the SAM as the Federal repository for information required to conduct business as a cooperator.

Subsection 2 defines the DUNS as the 9-digit number assigned by Dun and Bradstreet, Inc., to uniquely identify business entities.

Subsection 3 defines entity as a Government organization (State, local, or tribal); a foreign public entity; a domestic or foreign for profit or nonprofit organization; or a Federal agency, with some limitations.

(e) A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

(4) Subaward:

(a) 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 Cooperator award to an eligible subrecipient.

(b) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ----.210 of the attachment to OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations'').

(c) A subaward may be provided through any legal agreement, including an agreement that you consider a contract.

(5) Subrecipient means an entity that:

(a) Receives a subaward from you under this award; and

(b) Is accountable to you for the use of the Federal funds provided by the subaward.

Subsection 4 defines subaward as a legal instrument to provide support for the performance of any portion of the project or program under the agreement. Subaward does not include procurement of property or services to carry out the project or program.

Subsection 5 defines subrecipient as an entity that receives and is accountable to the cooperator for a subaward.

MANDATORY ARTICLE

ARTICLE 8 – REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION

The Cooperator, as a recipient signing this Agreement, shall comply with Title 2 CFR Part 170, “Requirements for Federal Funding Accountability and Transparency Act Implementation”, as follows:

Reporting of first-tier subawards. (1) Applicability. Unless you are exempt as provided in paragraph d. of this article, you must report each action that obligates $25,000 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 article).

(2) Where and when to report.

(a) You must report each obligating action described in subsection a.(1) of this article to

MANDATORY ARTICLE

Article 8 outlines responsibilities for complying with regulations regarding accountability and transparency with respect to Federal funding.

Subsection (1) requires the cooperator to report each action that obligates $25,000 or more in Federal funds (not including recovery funds as defined in statute) for a subaward to an entity as defined in subsection e of article 8. Exemptions to this requirement are defined in subsection d.

Subsection (2) describes the content and timeframes and identifies the website for reporting these obligations.

http://www.fsrs.gov.

(b) 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.

a. Reporting Total Compensation of Cooperator 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—

(a) the total Federal funding authorized to date under this award is $25,000 or more;

(b) in the preceding fiscal year, you received—

i. 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

ii. $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.)

Subsection (3)a requires the reporting of total compensation of cooperator executives for each of the five most highly compensated executives for the preceding fiscal year when the conditions described are met. Subsection 3 also identifies where and when to report the information required by subsection 3.

(2) Where and when to report. You must report executive total compensation described in paragraph b.(1) of this award term:

(a) As part of your registration profile at http://www.sam.gov.

(b) 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—

(a) in the subrecipient's preceding fiscal year, the subrecipient received—

i. 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

ii. $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

(b) 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 subsection c.(1) of this article:

Subsection “c” requires reporting of compensation for subrecipient executives under the same conditions and in the same manner as reporting is required for cooperator executives under subsection “b.”

(a) To the Cooperator.

(b) 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, you are exempt from the requirements to report:

(1) Subawards, and (2) The total compensation of the five most highly compensated executives of any subrecipient.

e. Definitions. For purposes of this award term:

Entity means all of the following, as defined in 2 CFR part 25:

(a) A Governmental organization, which is a State, local government, or Indian tribe;

(b) A foreign public entity;

(c) A domestic or foreign nonprofit organization;

(d) A domestic or foreign for-profit organization;

(e) 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:

(a) 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.

Subsection “d” outlines exemptions from the requirement to report compensation and defines the terms used in the governing regulations.

(b) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ---- .210 of the attachment to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).

(c) 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:

(4) SubCooperator means an entity that:

(a) Receives a subaward from you (the cooperator) under this award; and

(b) 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)):

(a) Salary and bonus.

(b) 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.

(c) 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.

(d) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(e) Above-market earnings on deferred compensation which is not tax-qualified.

(f) 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.

MANDATORY ARTICLE

ARTICLE 9– AVAILABILITY OF FUNDING

This Agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress only provides APHIS funds for a finite period under a Continuing Resolution.

MANDATORY ARTICLE

Article 9 is standard language linking the ability of the Agency to execute the agreement to the existence of appropriations. The article pertains to those instances when there is a continuing resolution in place and the status of a permanent appropriation is uncertain. The language can be omitted when there is an appropriation in place.

MANDATORY ARTICLE

ARTICLE 10 – UNEMPLOYMENT COMPENSATION

Actual costs incurred for unemployment insurance or equitable contributions made to a self -insured unemployment fund are allowable. APHIS does not allow payment of costs incurred for unemployment claims.

MANDATORY ARTICLE

Article 10 is standard language that defines as allowable costs funds used for a self-insured unemployment fund. Costs for unemployment claims are not allowed.

MANDATORY ARTICLE

ARTICLE 11 – CONGRESSIONAL RESTRICTION

Under 41 USC 22, no member of or delegate to Congress shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom.

MANDATORY ARTICLE

Article 11 is standard language that bars members of Congress or delegates from benefitting from the agreement.

MANDATORY ARTICLE

ARTICLE 12 – APPLICABLE REGULATIONS

As a condition of this award, the Cooperator agrees to comply and require subrecipients to comply with the requirements contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, 2 CFR Part 200; Nonprocurement Debarment and Suspension” 2 CFR 417; “Requirements for Drug-Free Workplace", 2 CFR Part 421; "New Restrictions on Lobbying", 2 CFR Part 418; and Office of Management and Budget regulations governing "Controlling Paperwork Burdens on the Public", 5 CFR 1320.

MANDATORY ARTICLE

Article 12 is standard language that requires cooperators to comply with all regulations and statutes applicable to recipients of Federal cooperative agreements and grants.

NON-MANDATORY ARTICLE

ARTICLE 13 – TITLE TO EQUIPMENT

APHIS reserves the right to transfer title to any equipment purchased partially or fully by the Cooperator under this Agreement with Federal funds within 120 days after the end of the Federal support of the project for which it was acquired. Upon transfer of title, the Cooperator will be entitled to compensation equal to its percentage of participation in the purchase of the equipment in the year purchased, applied to the fair market value in the year title is transferred.

NON-MANDATORY ARTICLE

Article 13 is standard language establishing the Agency’s right to transfer title of equipment purchased by the cooperator in whole or in part with Federal funds provided under the agreement. The article establishes timeframes in which the request to transfer title must occur and establishes the basis of compensation for the cooperator. The governing regulation for this provision can be found at 2 CFR 300(e) (1)(2)(3). This article can be omitted if it is not applicable, however, it is useful to include in case there is a need to purchase equipment that wasn’t foreseen in the original workplan. Equipment is defined as tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

NON-MANDATORY ARTICLE

ARTICLE 14 – PATENTS AND INVENTIONS

The Cooperator has the explicit duty of notifying APHIS' authorized representative, in writing, prior to the time of application for any patent or invention which is paid for in any manner or any percentage of funds provided by APHIS. This duty is not limited to the period during the Agreement, but may arise at any time during or subsequent to the Agreement. APHIS reserves to itself a royalty-free, nonexclusive, and irrevocable right to use and authorize others to use the product or invention produced under this Agreement for Government purposes. APHIS also retains the ability to force utilization of the patented invention by designating licenses in any field of use where the patentee has failed to act with reasonable diligence.

Any royalties or equivalent income earned during the effective period of this Agreement on patents or inventions derived under this Agreement shall be considered program income and treated under the provisions of 2 CFR Part 200.307.

NON-MANDATORY ARTICLE

Article 14 is standard language defining the obligation of the cooperator to notify the Agency in writing before applying for a patent or invention paid for in any manner by the funds provided under the agreement. The Agency has the right to royalty-free right to use or authorize others to use the product or invention for Government purposes. In addition, the Agency has the right to receive royalties or equivalent income, but only during the effective period of the agreement, on patents or inventions developed under the agreement. If an invention is sold after the effective period of the agreement, the Agency has no rights to any royalties. This article can be omitted if it is not applicable to the agreement.

Under 2 CFR Part 200.307 the language of Article 14 would be used as necessary. Authorized Departmental Officers are to issue the final decision on the inclusion of royalties or licensing fees as program income.

NON-MANDATORY ARTICLE

ARTICLE 15 – COPYRIGHTS

APHIS reserves a royalty-free, nonexclusive, and irrevocable license to exercise, and to authorize others to exercise, the rights for Federal government purposes to copyrighted materials developed under this Agreement. Subject to this license, the owner is free to exercise, preserve, or transfer all its rights. The Cooperator shall ensure that no agreement is entered into for transferring the rights which would conflict with

NON-MANDATORY ARTICLE

Article 15 is standard language reserving to the Agency the right to royalty-free use of copyrighted materials developed under the agreement. In addition, the Agency has the right to receive royalties or equivalent income, but only during the effective period of the agreement, on patents or inventions developed under the agreement. If a book is sold after the effective period of the agreement, the Agency has no rights to any royalties.

the nonexclusive license of APHIS.

Any royalties or equivalent income earned during the effective period of this Agreement on copyrighted material derived under this Agreement shall be considered program income and treated under the provisions of 2 CFR Part 200.307.

Under 2 CFR Part 200.307 the language of Article 15 would be used as necessary. Authorized Departmental Officers are to issue the final decision on the inclusion of royalties or licensing fees as program income.

MANDATORY ARTICLE

ARTICLE 16 – PUBLICATIONS AND AUDIOVISUALS

The final draft of any funded publication or audiovisual must be submitted by the Cooperator to APHIS' authorized representative prior to final printing, editing or release of the product so that APHIS can make a determination as to whether APHIS' participation in the project will be acknowledged. APHIS, furthermore, may require that the Cooperator modify or purge any acknowledgment of its support for activities conducted under this Agreement as a result of its review of a final draft. If APHIS has not responded within 30 days of receipt of the draft, the Cooperator will be free to proceed with publication without an acknowledgment. In the event that APHIS elects not to acknowledge the product, the Cooperator agrees not to attribute sponsorship by APHIS by any means including, but not limited to, publications, interviews, new releases, etc.

When an acknowledgment is desired by APHIS, unless otherwise instructed by APHIS, the statement shall read: “This material was made possible, in part, by a Cooperative Agreement from the United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). It may not necessarily express APHIS’ views.”

Additionally, any other acknowledgment--including use of the USDA Logo by the Cooperator--of APHIS support shall have the express written permission of the APHIS signatory to this Agreement, which shall be requested through the APHIS representative designated under this Agreement.

MANDATORY ARTICLE

Article 16 is standard language requiring the cooperator to submit funded publications and audiovisuals to the ADODR before final production or release to allow the Agency to determine whether participation should be acknowledged. A 3-day timeline is established for Agency review. The Agency does not have material control over the information that is shared; only the right to say whether or not the Agency’s contribution to the project should be acknowledged.

This article relates only to publications and media materials including advertisements developed from a project that APHIS has funded. This does not prevent the Cooperator from disclosing the funding source for such a project to State authorities.

Use of the Department’s logo is strictly governed and the ADODR should be consulted as to how it can and should be used under USDA’s Visual Standards Guidelines.

NON-MANDATORY ARTICLE

ARTICLE 17 – FEDERAL VEHICLE MANAGEMENT

If using an APHIS owned vehicle, the Cooperator agrees to comply with the requirements of 41 CFR 10138.3011 (41 CFR 10234 Subpart C) and vehicle usage policy as stated in the APHIS Motor Vehicle Fleet Management Manual. The Cooperator further agrees to indemnify the United States of America for any and all

NON-MANDATORY ARTICLE

Article 17 is standard language that is used only when APHIS-owned or leased vehicles are loaned to or used by cooperators. The cooperator is required, in these instances, to comply with the regulations and the Agency’s vehicle usage policy. The cooperator is responsible for indemnifying the Federal Government for any property damage or personal injury caused by the cooperator’s employees when using the vehicles. Liability will not accrue to the Federal Government.

property damage and personal injury caused by the Cooperator's employees resulting from use of said vehicles, and further agrees to save and hold harmless the United States of America from any and all claims for such property damage and personal injury caused by the Cooperator's employees. The Cooperator further agrees to reimburse the United States of America by and through APHIS for any property damage to any Federally-owned or Federally-leased vehicles, less normal wear and tear, which may occur through the use of said vehicles under this Agreement. Furthermore, if an accident occurs while the cooperator is using a loaned vehicle, the cooperator agrees to comply with USDA Departmental Regulation 4430-792-2, which stipulates that employees may be subject to drug testing when, based upon the circumstances of an accident, their actions are reasonably suspected of having caused or contributed to an accident that results in a death or personal injury requiring immediate hospitalization, or results in damage to government or private property estimated to be in excess of $10,000. Drug testing must be completed within 32 hours of an accident or safety-related incident. Additional criteria may apply to employees holding a Commercial Driver's License (CDL) and/or following an accident involving a Commercial Motor Vehicle (CMV).

Sometimes on large projects APHIS will loan vehicles to the cooperator. This is generally an exception to normal practice. If the project is in need of vehicles or other equipment and APHIS has the equipment and is willing to loan it this should be made clear in the agreement. In these cases, the APHIS Agreement Services Center will provide guidance to the servicing Agreement Specialist for additional language that would need to be added to the agreement to cover the loan of vehicles or equipment.

Article 17 notes that if an accident occurs while the cooperator’s employee is using a loaned vehicle and the actions of the cooperator are reasonably suspected of having caused or contributed to the accident, the cooperator’s employee may be subject to drug testing under Departmental Regulation.

MANDATORY ARTICLE

ARTICLE 18 – BUY AMERICAN ACT

In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for the current Federal fiscal year, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

MANDATORY ARTICLE

Article 18 is standard language expressing the sense of Congress that, to the extent possible, funds under a cooperative agreement used to purchase products will comply with the “Buy American Act.”

Contact the contracting office to determine if a purchase is compliant with the Buy American Act. The Act itself has very specific details on individual purchases.

MANDATORY ARTICLE

ARTICLE 19 – FUNDING PERIOD OBLIGATIONS AND EXTENSIONS

The funding period is the period during which this Agreement is in effect. Any funds not obligated by the Cooperator during the funding period will revert to APHIS upon the expiration or termination of this funding period. Under 2 CFR Part 200.308 (d) (2), this Agreement is subject to a one-time extension of up to 12 months to complete this project. The Cooperator must

MANDATORY ARTICLE

Article 19 is standard language establishing the funding period of the agreement and describing the disposition of funds not obligated by the expiration of the agreement. Upon written request of the cooperator presented to the ADODR at least 10 days before expiration of the funding period, the authorized designated official may grant a one-time extension of the agreement for up to 12 months to complete the project.

submit a written request including an SF-424, Application for Federal Assistance, to extend the duration to be received by APHIS at least 10 days prior to the expiration of the funding period. The SF-424 must be accompanied by a justification explaining the reason for program delays, the program impact without the extension, and the anticipated completion date.

During the extension period, financial and progress reports will continue with the same frequency as provided in the original funding period. As stated in 2 CFR Part 200.308 (d) (2), requests for extension purely to obligate funds will be denied by APHIS. All extensions must be approved, in writing, by APHIS prior to the expiration of the original funding period.

Some high-priority projects may not be granted an extension. The agreement language will indicate the cooperator’s ability to request an extension.

MANDATORY ARTICLE

ARTICLE 20 – NON-DISCRIMINATION CLAUSE

The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where application, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs.

MANDATORY ARTICLE

ARTICLE 21 – TRAFFICKING IN PERSONS

APHIS, as the Federal awarding agency, hereby advises the Cooperator, as the Cooperator, that they are subject to the provisions of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC 7104(g), as follows:

a. Provisions applicable to a Cooperator that is a private entity.

(1) You, as the Cooperator, your employees, subrecipients under this award, and subrecipients’ employees may not –

(a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

(b) Procure a commercial sex act during the period of time that the award is in effect; or

(c) Use forced labor in the performance of the award or subawards under the award.

(2) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity –

MANDATORY ARTICLE

Article 20 is standard language stating the Department of Agriculture’s non-discrimination policy.

MANDATORY ARTICLE

Article 21 is standard language required to be included under the Trafficking Victims Protection Act of 2000 (22 USC 7104(g)). The article is included primarily to cover instances in which there is a subrecipient or subaward. The article must be included in its entirety in the Notice of Award.

(a) Is determined to have violated a prohibition in paragraph a.(1) of this award term; or

(b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.(1) of this award term through conduct that is either—

i. Associated with performance under this award; or

ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR 417.

b. Provision applicable to a Cooperator other than a private entity.

We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity –

(1) Is determined to have violated an applicable prohibition in paragraph a.(1) of this award term; or

(2) Has an employee who is determined by the agency official authorized to terminate the

award to have violated an applicable prohibition in paragraph a.(1) of this award term through conduct that is either –

(a) Associated with performance under this award; or

(b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’ as implemented by our agency at 2 CFR 417.

c. Provisions applicable to any Cooperator. (1) You must inform us immediately of any

information you receive from any source alleging a violation of a prohibition in paragraph a.(1) of the award term.

(2) Our right to terminate unilaterally that is described in paragraph a.(2) or b of this section:

(a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC 7104(g)), and

(b) Is in addition to all other remedies for noncompliance that are available to use under this award.

(3) You must include the requirements of

paragraph a.(1) of this award term in any subaward you make to a private entity.

d. Definitions. For purposes of this award term:

(1) “Employee” means either:(a) An individual employed by you or a

subrecipient who is engaged in the performance of the project or program under this award; or

(b) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

(2) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(3) “Private entity”:(a) Means any entity other than a State,

local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.

(b) Includes:i. A nonprofit organization,

including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

ii. A for–profit organization.

(4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 USC 7102).

MANDATORY ARTICLE

ARTICLE 22 – FLY AMERICAN ACT

The Cooperator organization shall comply with section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 1517 (Fly American Act), which requires:

a. Any air transportation to, from, between, or within a country, other than the United States, of persons or property, the expense of which will be assisted by USDA funding, will be performed on a United States flag carrier if service provided by such carrier is “available.”

MANDATORY ARTICLE

Article 22 is standard language that must be included in its entirety in each NOA. The article requires that transportation (passenger and freight) to, from, between, or within a country other than the United States be carried out on a U.S. flag carrier whenever service is available from a U.S. flag carrier. This ensures compliance with the Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1517). The article defines what is meant by availability and lays out instances where a U.S. flag carrier would be considered to be unavailable

b. For the purposes of the requirement:

(1) Passenger or freight service by a certified air carrier is considered “available” even though:

(a) Comparable or a different kind of service by a non-certificated air carrier costs less; or

(b) Service by a non-certificated air carrier can be paid for in excess foreign currency; or

(c) Service by a non-certificated air carrier is preferred by the Cooperator organization contractor or traveler needing air transportation.

(2) Passenger service by a certificated air carrier is considered to be “unavailable”:

(a) When the traveler, while en route, has to wait 6 hours or more for an available United States carrier: or

(b) When any flight by a U.S. carrier interrupted by a stop anticipated to be 6 hours or more for refueling, reloading, repairs, and so forth, and no other flight by a United States carrier is available during the 6 hour period: or

(c) When the flight by a United States carrier takes 12 or more hours longer than a foreign carrier.

MANDATORY ARTICLE

ARTICLE 23 - REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND

PERFORMANCE

1. General Reporting RequirementIf the total value of your currently active grants,

cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must ReportSubmit the information required about each

MANDATORY ARTICLE

Article 23 is standard language and required by Section 872 of the Duncan Defense Authorization Act for Fiscal 2009 (Public Law 110-417, codified as amended at 41 U.S.C. Section 2313). This is being implemented Federal-wide. Agencies are required to report information about any termination of a grant award due to a material failure to comply with the award terms and conditions; any administrative agreement with a non-federal entity to resolve a suspension or debarment proceeding; and any finding that a NFE is not qualified to receive an award, if the award is over the simplified acquisition threshold, if the finding is based on criteria related to the NFE’s integrity or prior performance under a Federal award

proceeding that:a. Is in connection with the award or performance of

a grant, cooperative agreement, or procurement contract from the Federal Government;

b. Reached its final disposition during the most recent five year period; and

c. Is one of the following:(1) A criminal proceeding that resulted in a

conviction, as defined in paragraph 5 of this award term and condition;

(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or

(4) Any other criminal, civil, or administrative proceeding if:

(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;

(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and

(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting ProceduresEnter in the SAM Entity Management area the

information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

4. Reporting FrequencyDuring any period of time when you are subject to

the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. DefinitionsFor purposes of this award term and condition:a. Administrative proceeding means a non-judicial

process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian

Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—

(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

MANDATORY ARTICLE

ARTICLE 24 – FUNDING/EFFECTIVE PERIOD, REVISIONS, AND TERMINATION

OPTION ONE:The Federal award for this Agreement is in the amount of $32,000 and the Cooperator’s share is $64,000 for a total project cost of $96,000. These contributions establish a cost share ratio which shall be attained for the funding period except to the extent that there are cost overruns. Cost overruns will be the sole responsibility of the Cooperator, unless additional funding is secured from APHIS prior to the expiration of the funding period. In the event that project costs are less than projected, each party will realize a percentage of the savings to be distributed based on the established ratio. This Agreement shall become effective upon date of final signature and shall continue one year from the effective date, subject to continuation in writing by mutual agreement of the parties. Further, this Agreement may be amended at any time during the effective period by mutual agreement of the parties in writing. It may be terminated following provisions of 2 CFR Part 200.339

OPTION TWO:

The Federal award for this Agreement is in the amount of $32,000 and the Cooperator’s share is $64,000 for a total project cost of $96,000. These contributions establish a cost share ratio which shall be attained for the funding period except to the extent that there are cost overruns. Cost overruns will be the sole responsibility of the Cooperator, unless additional funding is secured from APHIS prior to the expiration

MANDATORY ARTICLE

Article 24 is standard language with four options. One option should be chosen to fit the specific circumstances of the agreement. Under any option, the maximum effective period cannot exceed 1 year, including any period of time preaward costs were authorized. If the cost share is congressionally mandated the language needs to be expanded, contact the ASC for more specifics. This should always be the last article in the Notice of Award.

The first option assumes expenditures/work starts when the agreement is signed.

Under Option 2, the effective date would be the date the work has to start and assumes the agreement is signed by that date (or reflects the date the pre-award costs began, if applicable).

of the funding period. In the event that project costs are less than projected, each party will realize a percentage of the savings to be distributed based on the established ratio. This Agreement shall become effective November 15, 2012, and shall continue through November 14, 2013, subject to continuation in writing by mutual agreement of the parties. Further, this Agreement may be amended at any time during the effective period by mutual agreement of the parties in writing. It may be terminated following provisions of 2 CFR Part 200.339

OPTION THREE (for incremental awards under a continuing resolution):

The Federal award for this Agreement is in the amount of $32,000 and the Cooperator’s share is $64,000 for a total project cost of $96,000. These contributions establish a cost share ratio which shall be attained for the funding period except to the extent that there are cost overruns. Cost overruns will be the sole responsibility of the Cooperator, unless additional funding is secured from APHIS prior to the expiration of the funding period. In the event that project costs are less than projected, each party will realize a percentage of the savings to be distributed based on the established ratio. Due to a Continuing Resolution (CR), the Federal share provided by APHIS under this Agreement represents an incremental, reduced amount of the total reflected in the Financial plan to this Agreement; future funding made available by Congress under another CR or an appropriation will necessitate a revision(s) to increase the funding level. This Agreement shall become effective upon date of final signature and shall continue one year from the effective date, subject to continuation in writing by mutual agreement of the parties. Further, this Agreement may be amended at any time during the effective period by mutual agreement of the parties in writing. It may be terminated following provisions of 2 CFR Part 200.339.

OPTION FOUR (for incremental awards under a continuing resolution):

The Federal award for this Agreement is in the amount of $32,000 and the Cooperator’s share is $64,000 for a total project cost of $96,000. These contributions establish a cost share ratio which shall be attained for the funding period except to the extent that there are cost overruns. Cost overruns will be the sole responsibility of the Cooperator, unless additional funding is secured from APHIS prior to the expiration of the funding period. In the event that project costs are

Options 3 and 4 provide language for incremental funding under a Continuing Resolution.

less than projected, each party will realize a percentage of the savings to be distributed based on the established ratio. Due to a Continuing Resolution (CR), the Federal share provided by APHIS under this Agreement represents an incremental, reduced amount of the total reflected in the Financial plan to this Agreement; future funding made available by Congress under another CR or an appropriation will necessitate a revision(s) to increase the funding level. This Agreement shall become effective November 15, 2012, and shall continue through November 14, 2013, subject to continuation in writing by mutual agreement of the parties. Further, this Agreement may be amended at any time during the effective period by mutual agreement of the parties in writing. It may be terminated following provisions of 2 CFR Part 200.339.