Appendix A to Part 183 - Award Terms for Never Contract With the Enemy
2:1.1.1.2.12.0.5.8.5 : Appendix A
Appendix A to Part 183 - Award Terms for Never Contract With the
Enemy
Federal awarding agencies may include the following award terms
in all awards for covered grants and cooperative agreements in
accordance with Never Contract with the Enemy:
Term 1 Prohibition on Providing Funds to the Enemy
(a) The recipient must -
(1) Exercise due diligence to ensure that none of the funds,
including supplies and services, received under this grant or
cooperative agreement are provided directly or indirectly
(including through subawards or contracts) to a person or entity
who is actively opposing the United States or coalition forces
involved in a contingency operation in which members of the Armed
Forces are actively engaged in hostilities, which must be completed
through 2 CFR 180.300 prior to issuing a subaward or contract
and;
(2) Terminate or void in whole or in part any subaward or
contract with a person or entity listed in SAM as a prohibited or
restricted source pursuant to subtitle E of Title VIII of the NDAA
for FY 2015, unless the Federal awarding agency provides written
approval to continue the subaward or contract.
(b) The recipient may include the substance of this clause,
including paragraph (a) of this clause, in subawards under this
grant or cooperative agreement that have an estimated value over
$50,000 and will be performed outside the United States, including
its outlying areas.
(c) The Federal awarding agency has the authority to terminate
or void this grant or cooperative agreement, in whole or in part,
if the Federal awarding agency becomes aware that the recipient
failed to exercise due diligence as required by paragraph (a) of
this clause or if the Federal awarding agency becomes aware that
any funds received under this grant or cooperative agreement have
been provided directly or indirectly to a person or entity who is
actively opposing coalition forces involved in a contingency
operation in which members of the Armed Forces are actively engaged
in hostilities.
(End of term) Term 2 Additional Access to Recipient Records
(a) In addition to any other existing examination-of-records
authority, the Federal Government is authorized to examine any
records of the recipient and its subawards or contracts to the
extent necessary to ensure that funds, including supplies and
services, available under this grant or cooperative agreement are
not provided, directly or indirectly, to a person or entity that is
actively opposing United States or coalition forces involved in a
contingency operation in which members of the Armed Forces are
actively engaged in hostilities, except for awards awarded by the
Department of Defense on or before Dec 19, 2017 that will be
performed in the United States Central Command (USCENTCOM) theater
of operations.
(b) The substance of this clause, including this paragraph (b),
is required to be included in subawards or contracts under this
grant or cooperative agreement that have an estimated value over
$50,000 and will be performed outside the United States, including
its outlying areas.
(End of term)