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ing period in which the termination takes effect.

(d) Relationship to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude ED from initiating a debarment or suspension action against a recipient under 34 CFR part 85 (see $74.13). (20 U.S.C. 12210-3(a)(1) and 3474; OMB Circular A-110)

share of costs after closeout reports are received.

(1) The recipient shall account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with $874.31 through 74.37.

(g) In the event a final audit has not been performed prior to the closeout of an award, the Secretary shall retain the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit. (Approved by the Office of Management and Budget under control number 1880-0513) (20 U.S.C. 1221e-3(a)(1) and 3474; OMB Circular A-110) (59 FR 34724, July 6, 1994, as amended at 60 FR 6660, Feb. 3, 1995)

Subpart D-After-the-Award

Requirements

874.70 Purpose.

Sections 74.71 through 74.73 contain closeout procedures and other procedures for subsequent disallowances and adjustments. (20 U.S.C. 1221e-3(a)(1) and 3474; OMB Circular A-110)

874.71 Closeout procedures.

(a) Recipients shall submit, within 90 calendar days after the date of completion of the award, all financial, performance, and other reports as required by the terms and conditions of the award. The Secretary may approve extensions when requested by the recipient.

(b) Unless the Secretary authorizes an extension, a recipient shall liquidate all obligations incurred under the award not later than 90 calendar days after the funding period or the date of completion as specified in the terms and conditions of the award or in ED implementing instructions.

(c) The Secretary makes prompt payments to a recipient for allowable reimbursable costs under the award being closed out.

(d) The recipient shall promptly refund any balances of unobligated cash that the Secretary has advanced or paid and that is not authorized to be retained by the recipient for use in other projects. OMB Circular A-129 governs unreturned amounts that become delinquent debts.

(e) When authorized by the terms and conditions of the award, the Secretary makes a settlement for any upward or downward adjustments to the Federal

8 74.72 Subsequent adjustments and

continuing responsibilities. (a) The closeout of an award does not affect any of the following:

(1) The right of the Secretary to disallow costs and recover funds on the basis of a later audit or other review.

(2) The obligation of the recipient to return any funds due as a result of later refunds, corrections, or other transactions.

(3) Audit requirements in $ 74.26.

(4) Property management requirements in $$74.31 through 74.37.

(5) Records retention as required in $74.53.

(b) After closeout of an award, a relationship created under an award may be modified or ended in whole or in part with the consent of the Secretary and the recipient, provided the responsibilities of the recipient referred to in $74.73(a), including those for property management as applicable, are considered and provisions made for continuing responsibilities of the recipient, as appropriate. (Approved by the Office of Management and Budget under control number 1880-0513) (20 U.S.C. 1221e-3(a)(1) and 3474; OMB Cir. cular A-110) (59 FR 34724, July 6, 1994, as amended at 60 FR 6660, Feb. 3, 1995)

874.73 Collection of amounts due.

(a) Any funds paid to a recipient in excess of the amount to which the re

cipient 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 Secretary may reduce the debt by

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

(2) Withholding advance payments otherwise due to the recipient; or

(3) Taking other action permitted by statute.

(b) Except as otherwise provided by law, the Secretary charges interest on an overdue debt in accordance with 4 CFR Chapter 11-Federal Claims Collection Standards. (20 U.S.C. 1221e-3(a)(1) and 3474; OMB Circular A-110) APPENDIX A TO PART 74 CONTRACT

PROVISIONS

All contracts, awarded by a recipient including small purchases, shall contain the following provisions as applicable:

1. Equal Employment Opportunity-All contracts must contain a provision requiring compliance with E.O. 11246_Equal Employment Opportunity, as amended by E.O. 11375–Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR Part 60_Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.

2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276C)--All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients must include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3 Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40

U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR Part 5-Labor Standards Provisions Applicable to contracts Governing Federally Financed and Assisted Construction). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)—Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers must include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1142 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401–Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency.

6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended-Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders, or regula

THE APPLICATION NOTICE 75.100 Publication of an application notice;

content of the notice. 75.101 Information in the application notice

that helps an applicant apply. 75.102 Deadline date for applications. 75.103 Deadline date for preapplications. 75.104 Applicants must meet procedural

rules. 75.105 Annual priorities.

tions issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to ED and the Regional Office of the Environmental Protection Agency (EPA).

7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. The disclosures are forwarded from tier to tier up to the recipient.

8. Debarment and Suspension (E.O. 12549 and E.O. 12689)-No contract may be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O 12549 and E.O. 12689_-Debarment and Suspension. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

Contractors with awards that exceed the small purchase threshold must provide the required certification regarding its exclusion status and that of its principal employees. (20 U.S.C. 1221e-3(a)(1) and 3474; OMB Circular A-110)

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PART 75-DIRECT GRANT

PROGRAMS

STATE COMMENT PROCEDURES 75.155 Review procedure if State may com

ment on applications: purpose of $875.156

75.158. 75.156 When an applicant under $75.155 must

submit its application to the State; proof

of submission. 75.157 The State reviews each application. 75.158 Deadlines for State comments. 75.159 Effect of State comments or failure

to comment.

Subpart A-General

REGULATIONS THAT APPLY TO DIRECT GRANT

PROGRAMS

DEVELOPMENT OF CURRICULA OR

INSTRUCTIONAL MATERIALS

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75.190 Consultation, 75.191 Consultation costs. 75.192 Dissemination.

75.4 Department contracts.

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75.202—75.206 (Reserved) 75.210 Selection criteria for a discretionary

grant program that does not have regulations.

CONFLICT OF INTEREST 75.524 Conflict of interest: Purpose of

$75.525. 75.525 Conflict of interest: Participation in

a project.

SELECTION PROCEDURES 75.215 How the Department selects a new

project: purpose of $875.216–75.222. 75.216 Applications not evaluated for fund

ing. 75.217 How the Secretary selects applica

tions for new grants. 75.218 Applications not evaluated or

selected for funding. 75.219 Exceptions to the procedures under

$75.217. 75.220 Procedures the Department uses

under $75.219(a). 75.221 Procedures the Department uses

under $75.219(b). 75.222 Procedures the Department uses under $75.219(c).

PROCEDURES TO MAKE A GRANT 75.230 How the Department makes a grant;

purpose of $875.231-75.236. 75.231 Additional information. 75.232 The cost analysis; basis for grant

amount. 75.233 Setting the amount of the grant. 75.234 The conditions of the grant. 75.235 The notification of grant award. 75.236 Effect of the grant.

ALLOWABLE COSTS 75.530 General cost principles. 75.531 Limit on total cost of a project. 75.532 Use of funds for religion prohibited. 75.533 Acquisition of real property; con

struction. 75.534 Training grants-automatic increases for additional dependents.

INDIRECT COST RATES 75.560 General indirect cost rates; excep

tions. 75.561 Approval of indirect cost rates. 75.562 Indirect cost rates for educational

training projects. 75.563 Restricted indirect cost rate-pro

grams covered. 75.564 Reimbursement of indirect costs. 75.580 Coordination with other activities.

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EVALUATION 75.590 Evaluation by the recipient. 75.591 Federal evaluation-cooperation by a

grantee. 75.592 Federal evaluation-satisfying requirement for grantee evaluation.

CONSTRUCTION 75.600 Use of a grant for construction: pur

pose of 88 75.601-75.615. 75.601 Applicant's assessment of environ

mental impact. 75.602 Preservation of historic sites must be

described in the application. 75.603 Grantee's title to site. 75.604 Availability of cost-sharing funds. 75.605 Beginning the construction. 75.606 Completing the construction. 75.607 General considerations in designing

facilities and carrying out construction. 75.608 Areas in the facilities for cultural ac

tivities. 75.609 Comply with safety and health stand

ards. 75.610 Access by the handicapped. 75.611 Avoidance of flood hazards. 75.612 Supervision and inspection by the

grantee. 75.613 Relocation assistance by the grantee. 75.614 Grantee must have operational funds. 75.615 Operation and maintenance by the

grantee. 75.616 Energy conservation. 75.617 Compliance with the Coastal Barrier

Resources Act.

Subpart E-What Conditions Must Be Met

by a Grantee?

NONDISCRIMINATION 75.500 Federal statutes and regulations on

nondiscrimination.

PROJECT STAFF 75.511 Waiver of requirement for a full-time

project director. 75.515 Use of consultants. 75.516 Compensation of consultants-em

ployees of institutions of higher edu

cation. 75.517 Changes in key staff members. 75.519 Dual compensation of staff.

EQUIPMENT AND SUPPLIES 75.618 Charges for use of equipment or sup

plies.

Subpart A-General

REGULATIONS THAT APPLY TO DIRECT

GRANT PROGRAMS

PUBLICATIONS AND COPYRIGHTS 75.620 General conditions on publication. 75.621 Copyright policy for grantees. 75.622 Definition of “project materials."

INVENTIONS AND PATENTS 75.625 Invention and patent policy. 75.626 Show Federal support; give papers to

vest title. OTHER REQUIREMENTS FOR CERTAIN PROJECTS 75.650 Participation of students enrolled in

private schools. 75.681 Protection of human research sub

jects. 75.682 Treatment of animals. 75.683 Health or safety standards for facili

ties. 75.684 Day care services. 75.690 Energy conservation awareness. Subpart F-What Are the Administrative

Responsibilities of a Grantee? GENERAL ADMINISTRATIVE RESPONSIBILITIES 75.700 Compliance with statutes, regula

tions, and applications. 75.701 The grantee administers or supervises

the project. 75.702 Fiscal control and fund accounting

procedures. 75.703 Obligation of funds during the grant

period. 75.707 When obligations are made. 75.708 Prohibition of subgrants.

REPORTS 75.720 Financial and performance reports. 75.721 (Reserved)

RECORDS 75.730 Records related to grant funds. 75.731 Records related to compliance. 75.732 Records related to performance. 75.733 (Reserved) 75.734 Record retention period.

PRIVACY 75.740 Protection of and access to student

records.
Subpart G-What Procedures Does the

Department Use To Get Compliance?
75.900 Waiver of regulations prohibited.
75.901 Suspension and termination.
75.902 (Reserved)
75.903 Effective date of termination.
75.910 Cooperation with audits.

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.

SOURCE: 45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, unless otherwise noted.

875.1 Programs to which part 75 ap

plies. (a) The regulations in part 75 apply to each direct grant program of the Department of Education.

(b) If a direct grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute and, to the extent consistent with the authorizing statute, under the General Education Provisions Act and the regulations in this part. For the purposes of this part, the term "direct grant program” includes any grant program of the Department other than a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible States. With respect to Public Law 81-874 (the Impact Aid Program), the term “direct grant program" includes only the entitlement increase for children with disabilities under section 3(d)(2)(C) of Public Law 81-874 (20 U.S.C. 238(2)(2)(C) and disaster assistance under section 7 of that law (20 U.S.C. 241-1).

NOTE: See part 76 for the general regulations that apply to programs that allocate funds among eligible States. See $75.101(C) for a description of the information in the application notice for a discretionary grant program that does not have regulations. For a description of the two kinds of direct grant programs see $75.200(b) for a description of a discretionary grant program and $75.200(c) for a description of a formula grant program. Also see $75.210 for the selection criteria for discretionary grant programs that do not have regulations. (Authority: 20 U.S.C. 1221e-3(a)(1) and 3474) (45 FR 22497, Apr. 3, 1980, as amended at 45 FR 28669, Apr. 29, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 84059, Dec. 22, 1980, 50 FR 29330, July 18, 1985; 52 FR 27803, July 24, 1987; 57 FR 30336, July 8, 1992]

875.2 Exceptions in program regula

tions to part 75. If a program has regulations that are not consistent with part 75, the implementing regulations for that program

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