§ 4280.220 Applicant eligibility.
Applicants must meet the following requirements to be eligible for financial assistance through this program.
(a) Eligible entities. Entities are eligible for financial assistance through this program if all the following requirements are met.
(1) System for Award Management (SAM) registration and Unique Entity Identifier (UEI). An Applicant and a Recipient must have an active registration in SAM. This registration must remain current, accurate, and complete at the time of application, while the application is under consideration for funding, and while the Recipient has an active Federal Award. This registration includes obtaining a UEI, or its successor, and completing the process for Federal Assistance registration through SAM.gov.
(2) Legal authority. An Applicant must have the legal authority necessary to apply for and carry out the purpose of the Federal Award.
(3) Entity type. An Applicant must be one of the following entity types:
(i) A unit of State government, Indian Tribal government, or Local Government;
(ii) An Institution of Higher Education; including land grant colleges and universities;
(iii) A Rural electric cooperative;
(iv) A Public Power Entity;
(v) An Instrumentality; or
(vi) A Council.
(4) Number of Awards. An Applicant is only eligible for one award per Federal Fiscal Year.
(b) Ineligible entities. Entities are ineligible for financial assistance through this program if any of the following occurs:
(1) Outstanding judgment. An outstanding judgement has been obtained against the entity by the United States in a Federal Court (other than in the United States Tax Court). The entity is ineligible for assistance until the judgment is paid in full or otherwise satisfied. Funds from this program may not be used to satisfy the judgment.
(2) Federal income tax delinquency. The entity is delinquent on the payment of Federal income taxes.
(3) Federal debt delinquency. The entity is delinquent on a Federal debt.
(4) Debarment or suspension. The entity is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” (See 2 CFR part 417.)
(5) Felony criminal violation. The entity has been convicted of a felony criminal violation under any Federal law within the past 24 months.
(6) Unpaid Federal tax liability. The entity has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless a Federal agency has considered suspension or debarment of the organization and has made a determination that this further action is not necessary to protect the interests of the Government.
(7) Active REAP EA/REDA or REAP TAG Award. The entity has an award through the REAP EA/REDA program in this subpart or the REAP Technical Assistance Grant (TAG) program for which the Period of Performance is scheduled to end after September 30 of the Federal Fiscal Year in which the application is submitted.
(8) Nonprofit Organization. The entity is a Nonprofit Organization of a type not listed in § 4280.220(a)(3).
(9) Individual. The entity is an individual.
(10) Foreign ownership. If the entity has foreign investment or ownership, the Agency will evaluate the entity's ability to participate in the Rural Energy for America Program consistent with applicable law. Entities that are headquartered in countries determined to be foreign adversaries as defined by 15 CFR 791.4, are not eligible to participate in the program.