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Standard Terms

As described in 2 CFR 200.216, recipients and subrecipients are prohibited to obligate or spend grant funds (to include direct and indirect expenditures as well as cost share and program) to:

  1. You must comply with all terms and conditions outlined in the grant award. This includes the Department of Health and Human Services (HHS) Grants Policy Statement (GPS) (PDF – 1.3 MB).

    You must comply with HHS grants administration regulations, program statutes and regulations, and any applicable appropriation act requirements or limitations.

    The terms and conditions of this award include the provisions and requirements from the applicable notice of funding opportunity or other funding solicitation.

  2. You must use this language when issuing statements, press releases, requests for proposals, bid solicitations, and other HRSA-supported publications and forums describing projects or programs funded in whole or in part with HRSA funding.

    This [project/publication/program/website, etc.] [is/was] supported by the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as part of an award totaling $XX with XX percentage financed with non-governmental sources. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by HRSA, HHS, or the U.S. Government. For more information, please visit HRSA.gov.

    Review How to Acknowledge HRSA Funding.

  3. You are subject to the Medicare and Medicaid anti-kickback statute (42 U.S.C. § 1320a-7b(b) (PDF - 250 KB). There’s a risk of criminal and administrative liability under this statute, specifically under 42 U.S.C. § 1320-7b(b) Illegal remunerations.

    This states, in part, that:

    Whoever knowingly and willfully solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—

    shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both.

    1. in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a federal health care program, or
    2. in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a federal health care program,
  4. For items that require prior approval from the awarding office (as indicated in 45 CFR part 75 [Note: § 75.308(d)):

    HRSA has not waived cost-related or administrative prior approvals unless specifically stated in the Notice of Award. You must submit these as a Prior Approval action via HRSA Electronic Handbooks (EHBs).

    HRSA only considers responses to prior approval requests signed by the Grants Management Officer to be valid.

    If you take action based on responses from other officials, you do so at your own risk. HRSA will not consider such responses binding.

    HRSA requires you to seek prior approval for significant rebudgeting of project costs. Significant rebudgeting occurs when, under an award where the federal share of the project exceeds the simplified acquisition threshold and the cumulative transfers among direct cost budget categories for the current budget period exceed 25% of the total approved budget (inclusive of direct and indirect costs and federal funds and required matching or cost sharing) for that budget period.

  5. HRSA will make payments under this award through the HHS Payment Management System (PMS).

    The PMS is a tool to help you draw down funds and file the Federal Financial Report (FFR). The Division of Payment Management, Financial Management Services, Program Support Center, manages the PMS. They will forward instructions for obtaining payments.

    Submit direct inquiries about payments:
    ONE-DHHS Help Desk for PMS Support at 1-877-614-5533 or PPMSSupport@psc.hhs.gov.

    The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA Subaward Reporting System (FSRS) is the reporting tool federal prime awardees (i.e. prime contractors and prime grants recipients) must use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements.

    Prime contract awardees must report against sub-contracts awarded. Prime grant awardees will report against sub-grants awarded.

    The sub-award information you enter in FSRS will display on USASpending.gov associated with the prime award. This furthers federal spending transparency.

  6. The HHS Office of the Inspector General (HHS OIG) maintains a hotline for receiving information concerning fraud, waste, or abuse in HRSA programs, including grants and cooperative agreements.

    HHS OIG keeps the reports confidential. Callers may choose to remain anonymous.

    To submit a complaint:

    U.S. Department of Health and Human Services
    Office of Inspector General
    Attention: OIG HOTLINE OPERATIONS
    P.O. Box 23489
    Washington, DC 20026

    1. Visit Tips at HHS Office of Inspector General
    2. Call 1-800-HHS-TIPS (1-800-447-8477) or TTY at 1-800-377-4950
    3. Send a fax to 1-800-223-8164
    4. Send via mail:
       
  7. Recipients, other than for-profit organizations, required to have audits in accordance with 45 CFR part 75, Subpart F (See § 75.501) must submit the audit reports to the Federal Audit Clearinghouse.

    Commercial organizations required to have audits are to submit the audit reports directly to HRSA at SARFollowUp@hrsa.gov.
     

  8. This award is subject to the requirements of Section 1557 of the Patient Protection and Affordable Care Act.

    You must ensure that your programs are accessible to people with limited English proficiency. HHS provides guidance to recipients of federal financial assistance on meeting their legal obligation to take reasonable steps to provide meaningful access to their programs by people with limited English proficiency.

  9.  This award is subject to the requirements of § 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104).

  10. The Further Consolidated Appropriations Act, 2020, § 202, (P.L 116-94), enacted December 20, 2019, restricts the amount of direct salary that may be paid to an individual under a HRSA grant or cooperative agreement to a rate no greater than Executive Level II of the Federal Executive Pay Scale.

    Effective January 2020, the Executive Level II salary level is $197,300. This amount reflects an individual’s base salary exclusive of fringe benefits.

    An individual's institutional base salary is the annual compensation that the recipient organization pays an individual and excludes any income an individual may earn outside the applicant organization duties.

    You may not use HRSA funds to pay a salary in excess of this rate. This salary limitation also applies to subrecipients under a HRSA grant or cooperative agreement.

    The salary limitation does not apply to payments made to consultants under this award although, as with all costs, those payments must meet the test of reasonableness and be consistent with the recipient’s institutional policy.

    Note: an individual's base salary, per se, is not constrained by the statutory provision for a limitation of salary. The rate limitation simply limits the amount that may be awarded and charged to HRSA grants and cooperative agreements.

    For individuals whose salary rates are in excess of Executive Level II, the non-federal entity may pay the excess from non-federal funds.

  11. To serve people most in need and to comply with federal law, services must be widely accessible. Services must not discriminate on the basis of age, disability, sex, race, color, national origin, or religion.

    The HHS Office of Civil Rights (OCR) provides guidance on complying with civil rights laws that prohibit discrimination on these bases. HHS also provides specific guidance for recipients on meeting legal obligation under Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in programs and activities that receive federal financial assistance (42 U.S.C.§ 2000d, and implementing regulations at 45 CFR part 80).

    In some instances, failure to provide language assistance services may have the effect of discriminating against people based on their national origin. 

  12. Your information in the System for Award Management (SAM) must be accurate/current at all times, especially when you have an active award or an application or plan under consideration by HRSA. This does not apply if you are exempt from this requirement under 2 CFR § 25.110.

    You must review and update the information at least once a year after the initial registration to remain active, and more frequently if required by changes in the information.

    This requirement flows down to subrecipients and contractors under awards or subawards.

  13. HRSA established a Federal Financial Assistance Conflict of Interest Policy (COI Policy) pursuant to 45 CFR § 75.112.

    If you receive federal assistance from HRSA, you must comply with the HRSA written policy on conflict of interest.

    If you conduct activities supported by grant funding through subrecipients (including subawards under 45 CFR § 75.351), you must take reasonable steps to ensure that these organizations or individuals also comply with this conflict of interest policy. They must notify you directly of any actual or perceived conflicts of interest.

    HRSA strongly advises you to familiarize yourself with the COI policy, which contains specific prohibitions of awardee and subawardee conflicts of interest.

  14. 45 CFR § 75.113 Mandatory disclosures.
    Applicants and non-federal entities must disclose all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

    Subrecipients must disclose all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

    HRSA’s Mailing Address:

    Department of Health and Human Services
    Health Resources and Services Administration
    Office of Federal Assistance Management
    Division of Grants Management Operations
    5600 Fishers Lane, Mailstop 10SWH-03
    Rockville, MD 20879

    HHS OIG’s Mailing Address:

    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)
    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 and 376 and 31 U.S.C. § 3321).

    You must include this mandatory disclosure requirement in all subawards and contracts under this award.

    Non-federal entities that have received a federal award must report certain civil, criminal, or administrative proceedings as set forth in 45 CFR part 75 Appendix XII to www.SAM.gov. Recipient integrity and performance matters.

    If the total federal share of the award is more than $500,000 over the period of performance, Appendix XII to 45 CFR part 75 is applicable to this award.

    • You must do this in a timely manner.
    • You must do this in writing to the HHS awarding agency.
    • You must submit a copy to the HHS Office of Inspector General (OIG).
    • You must do this in a timely manner.
    • You must do this in writing to the prime recipient (pass through entity).
    • You must submit a copy to the HHS OIG.
  15. Prohibition on certain telecommunications and video surveillance services or equipment.
    As described in 2 CFR 200.216, recipients and subrecipients are prohibited to obligate or spend grant funds (to include direct and indirect expenditures as well as cost share and program) to:

    1. Procure or obtain;
    2. Extend or renew a contract to procure or obtain; or
    3. Enter into contract (or extend or renew contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
      • For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
      • Telecommunications or video surveillance services provided by such entities or using such equipment.
      • Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country.
Date Last Reviewed:  November 2020