General Terms and Conditions
Acknowledgement and acceptance of these terms and conditions are conceded automatically by drawing down funds from the Payment Management System.
General Terms and Conditions
Individual awards are based on the application submitted to, and as approved by, OIG and are subject to the terms and conditions incorporated either directly or by reference in the following order of precedence (this order of precedence prevails in the event there are conflicting or otherwise inconsistent policies applicable to the award):
- Section 1903(a)(6) of the Social Security Act (the Act) in accordance with sections 1903(q) and 1903(b)(3) of the Act
- Pertinent restrictions on the expenditure of Federal funds in applicable Appropriations Acts and National Public Policy requirements.
- Title 42 CFR Part 1007 State Medicaid Fraud Control Unit (MFCU) requirements
- Title 45 CFR Part 75, Uniform Administration Requirements, Cost Principles, and Audit Requirements for Health and Human Services (HHS) Awards
- OIG Policy Transmittals
Payment
Payment under this award will be made available through the HHS Payment Management System (PMS). PMS provides instructions for making withdrawals of Federal funds. Inquiries regarding payments should be directed to Division of Payment Management; Post Office Box 6021; Rockville, MD 20852; 1-877-614-5533; PMSSupport@psc.gov.
Federal Funds Draw Down
Draw down authority for each corresponding quarter is determined based on the needs expressed in the awardee's budget. An awardee is not authorized to draw down funds until they become available as identified on the Notice of Grant Award.
An awardee must liquidate all obligations incurred under the award no later than 90 days after the end of the project period to coincide with the submission of the final Federal Financial Report (FFR).
Match
- Section 1903(a)(6) of the Act requires the Federal Government to reimburse States that have operated a MFCU for longer than 12 quarters 75% of the costs incurred for the operation of a State's MFCU as defined by section 1903(q) of the Act. States must pay 25% of their total MFCU expenditures as the State share of costs (non-Federal share).
- Section 1903(a)(6) of the Act requires the Federal Government to reimburse States that have operated a MFCU for less than 12 quarters 90% of the costs incurred for the operation of a State's MFCU as defined by section 1903(q) of the Act. States must pay 10% of their total MFCU expenditures as the State share of costs (non-Federal share).
If the required non-Federal share is not met by 90 days after the project period end date OIG may make a downward adjustment in the Federal award amount.
Whistleblower protections
48 CFR § 3.908, implementing section 828, entitled "Pilot Program for Enhancement of Contractor Employee Whistleblower Protections," of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted on January 2, 2013), codified at 41 U.S.C. 4712, applies to this award.
Reporting Requirements
Program Reporting
42 CFR § 1007.17 requires awardees to submit an annual report at least 60 days prior to the expiration of the certification period. 42 CFR § 1007.17(a)-(h) describes the information required in the annual report. Awardees must also submit a request for recertification at least 60 days prior to the expiration of the certification period. In addition to the requirements contained in 42 CFR § 1007.15(c), the reapplication will include an OIG questionnaire completed by awardees. Additionally, awardees must submit an Annual Statistical Report as described by OIG.
Financial Expenditure Reporting
Quarterly expenditure reporting is required under this award.
- Every expenditure report must be submitted on the Standard Form (SF-425), by completing all applicable information. The form and instructions are available at https://www.whitehouse.gov/omb/grants_forms/. This is the same form that HHS recipients submit to the HHS Payment Management System to report the cash status of advance payments using lines 10.a through 10.c.
- Any expenditure report submitted using a form other than SF-425 will be returned for resubmission using the SF-425 and may be considered late.
- All expenditure reports must be signed by an authorized certifying official.
- Quarterly expenditure reports are due 30 days after the end of each quarter.
- All final expenditure reports are due 90 days after the end date of the project period.
- If the grantee will be unable to submit the financial expenditure report by the due date, the grantee must request an extension.
- All required expenditure reports must be submitted to the Grants Management Officer via email.
Subaward Reporting and Executive Compensation
This grant is subject to the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), as amended by Section 6202 of Public Law 110-252 and implemented by 2 CFR part 170. Recipients must report information for each first-tier subaward of $25,000 or more in Federal funds and executive total compensation for the recipient's and subrecipient's five most highly compensated executives, as outlined in Appendix A to 2 CFR part 170. Information about the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) is available at www.fsrs.gov. For the full text of the award term, go to award term.
Federal Awardee Performance and Integrity Information System (FAPIIS)
For those recipients whose total Federal share of the Federal award is more than $500,000, the FAPIIS term and conditions apply. For the full text of the award term, go to award term, also located at 45 CFR part 75, Appendix XII.
Mandatory Disclosures
Consistent with 45 CFR § 75.113, applicants and recipients must disclose in a timely manner, in writing to the HHS Office of Inspector General (OIG), all information related to violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass-through entity) and the HHS OIG, all information related to violations of Federal criminal law involving fraud, bribery, or gratuity violations affecting the Federal award. Disclosures must be sent in writing to the HHS OIG at the following addresses:
U.S. Department of Health and Human Services
Office of Inspector General
ATTN: Grants Management Officer, Alexis Crowley
330 Independence Ave, SW, Cohen Building
Room 5140
Washington, DC 20201
Email: Alexis.Crowley@oig.hhs.gov
AND
U.S. Department of Health and Human Services
Office of Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW, Cohen Building
Room 5527
Washington, DC 20201
Fax: (202) 205-0604 (Include "Mandatory Grant Disclosures" in subject line) or
Email: MandatoryGranteeDisclosures@oig.hhs.gov
Failure to make required disclosures can result in any of the remedies described in 45 CFR § 75.371, including suspension or debarment (See 2 CFR parts 180 & 376 and 31 U.S.C. 3321).
Post Award Grant Changes
Requests that require prior approval from the awarding office, such as rebudgeting more than 10% of the total approved budget, requesting supplemental funding, or a personnel change of the Director (See 45 CFR § 75.308 for all-inclusive list), must be submitted in writing (email preferred) to the Grants Management Officer (GMO), and the assigned Program Analyst is to be CC'ed. Only written approvals by an appropriate official as outlined in § 75.308(j) are to be considered valid. Approvals not signed or provided by an appropriate official will not be considered binding by or upon OIG. Grantees who take action on the basis of approvals from other officials do so at their own risk.
Program Income
Program income earned and disbursed must be reported on the SF-425 using the deduction alternative. Program income is subject to the payment requirements of 45 CFR § 75.305(b)(5); therefore, grantees must expend program income before requesting additional Federal payments. If any funds are received from asset forfeitures, please contact the GMO on how to report this income.
System for Award Management
The recipient must maintain the accuracy and currency of information in the System for Award Management (SAM) until the final financial report is submitted as required under this award or the final payment is received, whichever is later. Additionally, this term requires the entity to review and update the information at least annually after the initial registration, and more frequently if required by changes in information or another award term. For purposes of this award term, SAM means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at https://www.sam.gov
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