Nih Hhs Arra Award Terms July 6, 2009
Department of Health and Human Services
Standard Terms and Conditions
American Recovery and Reinvestment Act of 2009
Division A Funds
Revised July 6, 2009
1. NIH Standard Terms and Conditions
All standard terms and conditions referenced on each NIH Notice of Award (see:
http://grants.nih.gov/grants/policy/awardconditions.htm) apply unless they conflict or are
superseded by the following terms and conditions implementing the American Recovery and
Reinvestment Act of 2009 (ARRA) requirements below. In addition to the standard terms and
conditions of award, recipients receiving funds under Division A of ARRA must abide by the
terms and conditions set out below. The terms and conditions below concerning civil rights
obligations and disclosure of fraud and misconduct are reminders rather than new requirements,
but the other requirements are new and are specifically imposed for awards funded under ARRA.
Recipients are responsible for contacting their HHS grant/program managers for any needed
clarifications. Names and contact information of these individuals are provided in Section V of
each award.
2. Recipient Reporting
Reporting and Registration Requirements under Section 1512 of the American Recovery
and Reinvestment Act of 2009, Public Law 111-5
(a) This award requires the recipient to complete projects or activities which are funded under
the American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of
Recovery Act funds provided through this award. Information from these reports will be made
available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the
recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central
Contractor Registration (www.ccr.gov) at all times during which they have active federal awards
funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central
Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) using the reporting
instructions and data elements that will be provided online at www.FederalReporting.gov and
ensure that any information that is pre-filled is corrected or updated as needed.
3. Preference for Quick Start Activities
In using funds for this award for infrastructure investment, recipients shall give preference to
activities that can be started and completed expeditiously, including a goal of using at least 50
percent of the funds for activities that can be initiated not later than 120 days after the date of the
enactment of ARRA. Recipients shall also use grant funds in a manner that maximizes job
creation and economic benefit. (ARRA Sec. 1602)
4. Limit on Funds
None of the funds appropriated or otherwise made available in ARRA may be used by any State
or local government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool. (ARRA Sec. 1604)
5. ARRA: One-Time Funding
Unless otherwise specified, ARRA funding to existent or new awardees should be considered
one-time funding.
6. Civil Rights Obligations
While ARRA has not modified awardees’ civil rights obligations, which are referenced in the
NIH Grants Policy Statement, these obligations remain a requirement of Federal law. Recipients
and subrecipients of ARRA funds or other Federal financial assistance must comply with Title
VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination),
Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination), Title IX of
the Education Amendments of 1972 (prohibiting sex discrimination in education and training
programs), and the Age Discrimination Act of 1975 (prohibiting age discrimination in the
provision of services). For further information and technical assistance, please contact the HHS
Office for Civil Rights at (202) 619-0403, OCRmail@hhs.gov, or
http://www.hhs.gov/ocr/civilrights/.
7. Disclosure of Fraud or Misconduct
Each recipient or sub-recipient awarded funds made available under the ARRA shall promptly
refer to the HHS Office of Inspector General any credible evidence that a principal, employee,
agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under
the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct involving those funds. The HHS
Office of Inspector General can be reached at http://www.oig.hhs.gov/fraud/hotline/
8. Responsibilities for Informing Sub-recipients
Recipients agree to separately identify to each sub-recipient, and document at the time of sub-
award and at the time of disbursement of funds, the Federal award number, any special CFDA
number assigned for ARRA purposes, and amount of ARRA funds.
9. Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and
Recipient Responsibilities for Informing Sub-recipients
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by
Congress and in accordance with 45 CFR 74.21 and 92.20 "Uniform Administrative
Requirements for Grants and Agreements", as applicable, and OMB A-102 Common Rules
provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-
133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to
separately identify the expenditures for Federal awards under the Recovery Act on the Schedule
of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by
OMB Circular A-133. This shall be accomplished by identifying expenditures for Federal awards
made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name
of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-
SAC.
(c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub-
award and at the time of disbursement of funds, the Federal award number, CFDA number, and
amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing
program, the information furnished to sub-recipients shall distinguish the sub-awards of
incremental Recovery Act funds from regular sub-awards under the existing program.
(d) Recipients agree to require their sub-recipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEFA
described above. This information is needed to allow the recipient to properly monitor sub-
recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,
Offices of Inspector General and the Government Accountability Office.
