Appendix D to Part 1122 - Terms and Conditions for NP Article IV, “Other National Policy Requirements”
2:1.2.8.5.9.2.64.6.27 : Appendix D
Appendix D to Part 1122 - Terms and Conditions for NP Article IV,
“Other National Policy Requirements”
A DoD Component must use the following wording for NP Article IV
of its general terms and conditions in accordance with the
provisions of Subpart B of this part.
NP Article IV. Other National Policy Requirements. (December 2014)
Section A. Cross-cutting requirements.
1. Debarment and suspension. You must comply with
requirements regarding debarment and suspension in Subpart C of 2
CFR part 180, as adopted by DoD at 2 CFR part 1125. This includes
requirements concerning your principals under this award, as well
as requirements concerning your procurement transactions and
subawards that are implemented in PROC Articles I through III and
SUB Article II.
2. Drug-free workplace. You must comply with drug-free
workplace requirements in Subpart B of 2 CFR part 26, which is the
DoD implementation of 41 U.S.C. chapter 81, “Drug-Free
Workplace.”
3. Lobbying.
a. You must comply with the restrictions on lobbying in 31
U.S.C. 1352, as implemented by DoD at 32 CFR part 28, and submit
all disclosures required by that statute and regulation.
b. You must comply with the prohibition in 18 U.S.C. 1913 on the
use of Federal funds, absent express Congressional authorization,
to pay directly or indirectly for any service, advertisement or
other written matter, telephone communication, or other device
intended to influence at any time a Member of Congress or official
of any government concerning any legislation, law, policy,
appropriation, or ratification.
c. If you are a nonprofit organization described in section
501(c)(4) of title 26, United States Code (the Internal Revenue
Code of 1968), you may not engage in lobbying activities as defined
in the Lobbying Disclosure Act of 1995 (2 U.S.C., chapter 26). If
we determine that you have engaged in lobbying activities, we will
cease all payments to you under this and other awards and terminate
the awards unilaterally for material failure to comply with the
award terms and conditions.
4. Officials not to benefit. You must comply with the
requirement that no member of Congress shall be admitted to any
share or part of this award, or to any benefit arising from it, in
accordance with 41 U.S.C. 6306.
5. Hatch Act. If applicable, you must comply with the
provisions of the Hatch Act (5 U.S.C. 1501-1508) concerning
political activities of certain State and local government
employees, as implemented by the Office of Personnel Management at
5 CFR part 151, which limits political activity of employees or
officers of State or local governments whose employment is
connected to an activity financed in whole or part with Federal
funds.
6. Native American graves protection and repatriation. If
you control or possess Native American remains and associated
funerary objects, you must comply with the requirements of 43 CFR
part 10, the Department of the Interior implementation of the
Native American Graves Protection and Repatriation Act of 1990 (25
U.S.C., chapter 32).
7. Fly America Act. You must comply with the
International Air Transportation Fair Competitive Practices Act of
1974 (49 U.S.C. 40118), commonly referred to as the “Fly America
Act,” and implementing regulations at 41 CFR 301-10.131 through
301-10.143. The law and regulations require that U.S. Government
financed international air travel of passengers and transportation
of personal effects or property must use a U.S. Flag air carrier or
be performed under a cost sharing arrangement with a U.S. carrier,
if such service is available.
8. Use of United States-flag vessels. You must comply
with the following requirements of the Department of Transportation
at 46 CFR 381.7, in regulations implementing the Cargo Preference
Act of 1954:
a. Pursuant to Public Law 83-664 (46 U.S.C. 55305), at least 50
percent of any equipment, materials or commodities procured,
contracted for or otherwise obtained with funds under this award,
and which may be transported by ocean vessel, must be transported
on privately owned United States-flag commercial vessels, if
available.
b. Within 20 days following the date of loading for shipments
originating within the United States or within 30 working days
following the date of loading for shipments originating outside the
United States, a legible copy of a rated, “on-board” commercial
ocean bill-of-lading in English for each shipment of cargo
described in paragraph 8.a of this section must be furnished to
both our award administrator (through you in the case of your
contractor's bill-of-lading) and to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington,
DC 20590.
9. Research misconduct. You must comply with requirements
concerning research misconduct in Enclosure 4 to DoD Instruction
3210.7, “Research Integrity and Misconduct.” The Instruction
implements the Governmentwide research misconduct policy that the
Office of Science and Technology Policy published in the Federal
Register (65 FR 76260, December 6, 2000, available through the U.S.
Government Printing Office website:
https://www.federalregister.gov/documents/2000/12/06/00-30852/executive-office-of-the-president-federal-policy-on-research-misconduct-preamble-for-research).
10. Requirements for an Institution of Higher Education
Concerning Military Recruiters and Reserve Officers Training Corps
(ROTC).
a. As a condition for receiving funds available to the DoD under
this award, you agree that you are not an institution of higher
education (as defined in 32 CFR part 216) that has a policy or
practice that either prohibits, or in effect prevents:
i. The Secretary of a Military Department from maintaining,
establishing, or operating a unit of the Senior Reserve Officers
Training Corps (ROTC) - in accordance with 10 U.S.C. 654 and other
applicable Federal laws - at that institution (or any subelement of
that institution);
ii. Any student at that institution (or any subelement of that
institution) from enrolling in a unit of the Senior ROTC at another
institution of higher education.
iii. The Secretary of a Military Department or Secretary of
Homeland Security from gaining access to campuses, or access to
students (who are 17 years of age or older) on campuses, for
purposes of military recruiting in a manner that is at least equal
in quality and scope to the access to campuses and to students that
is provided to any other employer; or
iv. Access by military recruiters for purposes of military
recruiting to the names of students (who are 17 years of age or
older and enrolled at that institution or any subelement of that
institution); their addresses, telephone listings, dates and places
of birth, levels of education, academic majors, and degrees
received; and the most recent educational institutions in which
they were enrolled.
b. If you are determined, using the procedures in 32 CFR part
216, to be such an institution of higher education during the
period of performance of this award, we:
i. Will cease all payments to you of DoD funds under this award
and all other DoD grants and cooperative agreements; and
ii. May suspend or terminate those awards unilaterally for
material failure to comply with the award terms and conditions.
11. Historic preservation. You must identify to us
any:
a. Property listed or eligible for listing on the National
Register of Historic Places that will be affected by this award,
and provide any help we may need, with respect to this award, to
comply with Section 106 of the National Historic Preservation Act
of 1966 (54 U.S.C. 306108), as implemented by the Advisory Council
on Historic Preservation regulations at 36 CFR part 800 and
Executive Order 11593, “Identification and Protection of Historic
Properties,” [3 CFR, 1971-1975 Comp., p. 559]. Impacts to
historical properties are included in the definition of “human
environment” that require impact assessment under NEPA (See NP
Article II, Section A).
b. Potential under this award for irreparable loss or
destruction of significant scientific, prehistorical, historical,
or archeological data, and provide any help we may need, with
respect to this award, to comply with the Archaeological and
Historic Preservation Act of 1974 (54 U.S.C. chapter 3125).
12. Relocation and real property acquisition. You must
comply with applicable provisions of 49 CFR part 24, which
implements the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.)
and provides for fair and equitable treatment of persons displaced
by federally assisted programs or persons whose property is
acquired as a result of such programs.
13. Confidentiality of patient records. You must keep
confidential any records that you maintain of the identity,
diagnosis, prognosis, or treatment of any patient in connection
with any program or activity relating to substance abuse education,
prevention, training, treatment, or rehabilitation that is assisted
directly or indirectly under this award, in accordance with 42
U.S.C. 290dd-2.
14. Pro-Children Act.
You must comply with applicable restrictions in the Pro-Children
Act of 1994 (Title 20, Chapter 68, subchapter X, Part B of the U.S.
Code) on smoking in any indoor facility:
a. Constructed, operated, or maintained under this award and
used for routine or regular provision of kindergarten, elementary,
or secondary education or library services to children under the
age of 18.
b. Owned, leased, or contracted for and used under this award
for the routine provision of federally funded health care, day
care, or early childhood development (Head Start) services to
children under the age of 18.
15. Constitution Day. You must comply with Public Law
108-447, Div. J, Title I, Sec. 111 (36 U.S.C. 106 note), which
requires each educational institution receiving Federal funds in a
Federal fiscal year to hold an educational program on the United
States Constitution on September 17th during that year for the
students served by the educational institution.
16. Trafficking in persons. You must comply with
requirements concerning trafficking in persons specified in the
award term at 2 CFR 175.15(b), as applicable.
17. Whistleblower protections. You must comply with 10
U.S.C. 2409, including the:
a. Prohibition on reprisals against employees disclosing certain
types of information to specified persons or bodies; and
b. Requirement to notify your employees in writing, in the
predominant native language of the workforce, of their rights and
protections under that statute.
Section B. [Reserved]