Title 29--LABOR
Chapter


administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial assistance to local and Indian tribal governments. States shall: (1)...


responsible for managing the day-to-day operations of grant and subgrant supported activities. Grantees must monitor grant and subgrant supported activities to...


(5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of this section, and such supplementary or other forms as may from time to time...


to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to...


to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere,...


whole or in part only as follows: (a) By the awarding agency with the consent of the grantee or subgrantee in which case the two parties shall agree upon...


that all applicable administrative actions and all required work of the grant has been completed. (b) Reports. Within 90 days after the expiration or termination...


(a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or other review; (b) The grantee's obligation to return any funds due as a...


to which the grantee is finally determined to be entitled under the terms of the award constitute a debt to the Federal Government. If not paid within a reasonable period...


the extent permitted by law, Executive departments and agencies shall participate in a governmentwide system for nonprocurement debarment and suspension. A person who is debarred...


Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission has occurred. Affiliate. Persons are affiliates of each other...


are currently participating or may reasonably be expected to participate in transactions under Federal nonprocurement programs. For purposes of these regulations...


the Federal Government to conduct business only with responsible persons. Debarment and suspension are discretionary actions that, taken in accordance with Executive Order...


to the extent prohibited by law, persons who are debarred or suspended shall be excluded from primary covered transactions as either participants or principals...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR98.205] [Page 554] TITLE 29--LABOR PART 98--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents Subpart B--Effect of Action Sec. 98.205 Ineligible persons. Persons who are ineligible, as defined in Sec. 98.105(i), are excluded in accordance with the applicable statutory, executive order, or regulatory authority. ...


Sec. 98.315 are excluded in accordance with the terms of their settlements. Department of Labor shall, and participants may, contact the original action agency to ascertain...


a debarred, suspended, or voluntarily excluded person, or a person proposed for debarment under 48 CFR part 9, subpart 9.4, to participate in a particular...


suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination of ineligibility, or voluntary exclusion of any person by an agency, agencies...


98.215 or Sec. 98.220, a participant shall not knowingly do business under a covered transaction with a person who is-- (1) Debarred or suspended; (2) Proposed...


the causes in Sec. 98.305, using procedures established in Secs. 98.310 through 98.314. The existence of a cause for debarment, however, does not necessarily require that...


provisions of Secs. 98.300 through 98.314 for: (a) Conviction of or civil judgment for: (1) Commission of fraud or a criminal offense in connection with...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR98.310] [Page 555] TITLE 29--LABOR PART 98--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents Subpart C--Debarment Sec. 98.310 Procedures. Department of Labor shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness, using the procedures in Secs. 98.311 through 98.314. ...


a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to the debarring official for consideration. After consideration,...


by notice to the respondent advising: (a) That debarment is being considered; (b) Of the reasons for the proposed debarment in terms sufficient to put...


30 days after receipt of the notice of proposed debarment, the respondent may submit, in person, in writing, or through a representative, information and argument...


actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis...


the Government, Department of Labor may, at any time, settle a debarment or suspension action. (b) If a participant and the agency agree to a voluntary exclusion of...


the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. (1)...


under these regulations constitutes debarment of all its divisions and other organizational elements from all covered transactions, unless the debarment decision is limited...


of the causes in Sec. 98.405 using procedures established in Secs. 98.410 through 98.413. (b) Suspension is a serious action to be imposed only when: (1) There...


the provisions of Secs. 98.400 through 98.413 upon adequate evidence: (1) To suspect the commission of an offense listed in Sec. 98.305(a); or (2) That a cause...


existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for consideration....


be given: (a) That suspension has been imposed; (b) That the suspension is based on an indictment, conviction, or other adequate evidence that the respondent...


30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition...


terminate the suspension (for example, see Sec. 98.320(c) for reasons for reducing the period or scope of debarment) or may leave it in force. However, a decision to modify...


the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings, unless terminated sooner by the suspending official or...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR98.420] [Page 559] TITLE 29--LABOR PART 98--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents Subpart D--Suspension Sec. 98.420 Scope of suspension. The scope of a suspension is the same as the scope of a debarment (see Sec. 98.325), except that the procedures of Secs. 98.410 through 98.413 shall be used in imposing a suspension. ...


the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons who have been debarred, suspended, or voluntarily excluded by...


agency shall provide GSA with current information concerning debarments, suspension, determinations of ineligibility, and voluntary exclusions it has taken. Until February 18,...


by participants in primary covered transactions. Each participant shall submit the certification in appendix A to this part for it and its principals at the time...


otherwise noted. (a) The purpose of this subpart is to carry out the Drug-Free Workplace Act of 1988 by requiring that-- (1) A grantee, other than...


definitions of Sec. 98.105 apply to this subpart. (b) For purposes of this subpart-- (1) Controlled substance means a controlled substance in schedules I...


the agency. (b) This subpart applies to any grant, except where application of this subpart would be inconsistent with the international obligations of the United States or...


grants, or suspension or debarment. A grantee shall be deemed in violation of the requirements of this subpart if the agency head or his or her official designee...


this subpart as provided in Sec. 98.615, and in accordance with applicable law, the grantee shall be subject to one or more of the following actions: (1) Suspension...


to a particular grant, in writing, a suspension of payments under a grant, suspension or termination of a grant, or suspension or debarment of a grantee if the agency...


a prior condition of being awarded a grant, each grantee shall make the appropriate certification to the Federal agency providing the [[Page 563]] grant,...


offenses. (a) When a grantee other than an individual is notified that an employee has been convicted for a violation of a criminal drug statute occurring...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR99.100] [Page 568] TITLE 29--LABOR PART 99--AUDITS OF STATES, LOCAL GOVERNMENTS, AND NON-PROFIT ORGANIZATIONS-- Table of Contents Subpart A--General Sec. 99.100 Purpose. This part sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of non-Federal entities expending Federal awards. ...


findings and questioned costs. Auditee means any non-Federal entity that expends Federal awards which must be audited under this part. Auditor means an auditor that...


have a single or program-specific audit conducted for that year in accordance with the provisions of this part. Guidance on determining Federal awards expended is provided...


expended should be based on when the activity related to the award occurs. Generally, the activity pertains to events that require the non-Federal entity to comply with...


expended as a recipient or a subrecipient would be subject to audit under this part. The payments received for goods or services provided as a vendor would not be...


part shall be in lieu of any financial audit required under individual Federal awards. To the extent this audit meets a Federal agency's needs, it shall rely upon and use such...


required by this part shall be performed annually. Any biennial audit shall cover both years within the biennial period. (a) A State or local government that is required...


but not in accordance with this part. In cases of continued inability or unwillingness to have an audit conducted in accordance with this part, Federal agencies...


are allowable charges to Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with the provisions...


available to provide specific guidance to the auditor with respect to internal control, compliance requirements, suggested audit procedures, and audit reporting requirements....


the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and...


by the Grants Management Common Rule (hereinafter referred to as the ``A-102 Common Rule'') published March 11, 1988, and amended April 19, 1995; 29 CFR part 97,...


results of operations or changes in net assets, and, where appropriate, cash flows for the fiscal year audited. The financial statements shall be for the same...


part of this responsibility, the auditee shall prepare a summary schedule of prior audit findings. The auditee shall also prepare a corrective action plan for current...


this section and reporting package described in paragraph (c) of this section shall be submitted within the earlier of 30 days after receipt of the auditor's report(s), or...


million a year in Federal awards shall have a cognizant agency for audit. The designated cognizant agency for audit shall be the Federal awarding agency that provides the...


sustained, the reasons for the decision, and the expected auditee action to repay disallowed costs, make financial adjustments, or take other action. If the auditee has...


of the auditee; or, at the option of the auditee, such audit shall include a series of audits that cover departments, [[Page 583]] agencies, and...


from the manner presented in this section. The auditor's report(s) shall state that the audit was conducted in accordance with this part and include the following: ...


and questioned costs: (1) Reportable conditions in internal control over major programs. The auditor's determination of whether a deficiency in internal control is...


three years after the date of issuance of the auditor's report(s) to the auditee, unless the auditor is notified in writing by the cognizant agency for audit, oversight agency...


major programs. This risk-based approach shall include consideration of: Current and prior audit experience, oversight by Federal agencies and pass-through entities, and...


the risk of noncompliance occurring which could be material to the Federal program. The auditor shall use auditor judgment and consider criteria, such as described in paragraphs...


in the case of biennial audits, preceding two audit periods) shall qualify as a low-risk auditee and be eligible for reduced audit coverage in accordance with Sec. 99.520: ...




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