M14. MANDATORY DISCLOSURES (NOVEMBER 2020)
Consistent with 2 CFR §200.113, applicants and recipients must disclose, in a timely
manner, in writing to the USAID Office of the Inspector General, with a copy to the
cognizant Agreement Officer, all violations of Federal criminal law involving fraud,
bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must
disclose, in a timely manner, in writing to the USAID Office of the Inspector General and
to the prime recipient (pass through entity) all violations of Federal criminal law involving
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fraud, bribery, or gratuity violations potentially affecting the Federal award.
Disclosures must be sent to:
U.S. Agency for International Development
Office of the Inspector General
P.O. Box 657
Washington, DC 20044-0657
Phone: 1-800-230-6539 or 202-712-1023
Email: ig.hotline@usaid.gov
URL:
https://oig.usaid.gov/content/usaid-contractor-reporting-form.
Failure to make required disclosures can result in any of the remedies described in 2
CFR §200.339 Remedies for noncompliance, including suspension or debarment (See
2 CFR 180, 2 CFR 780 and 31 U.S.C. 3321).
The recipient must include this mandatory disclosure requirement in all subawards and
contracts under this award.
[End of Provision]
M15. NONDISCRIMINATION AGAINST BENEFICIARIES (November
2016).
(a) USAID policy requires that the recipient not discriminate against any beneficiaries in
implementation of this award, such as, but not limited to, by withholding, adversely
impacting, or denying equitable access to the benefits provided through this award on
the basis of any factor not expressly stated in the award. This includes, for example,
race, color, religion, sex (including gender identity, sexual orientation, and pregnancy),
national origin, disability, age, genetic information, marital status, parental status,
political affiliation, or veteran's status. Nothing in this provision is intended to limit the
ability of the recipient to target activities toward the assistance needs of certain
populations as defined in the award.
(b) The recipient must insert this provision,
including this paragraph, in all subawards
and contracts under this award.
[End of Provision]
M16. CONFLICT OF INTEREST (August 2018)
a. A conflict of interest in the award, administration, or monitoring of subawards
arises when the employee, officer, or agent, any member of his or her immediate
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family, his or her partner, or an organization which employs or is about to employ
any of these parties, has a financial or other interest in or a tangible personal
benefit from a non-federal entity considered for a subaward. The officers,
employees, and agents of the non-federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from subrecipients or parties to
subawards. However, pass-through entities may set standards for situations in
which the financial interest is not substantial or the gift is an unsolicited item of
nominal value. The standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by officers, employees, or agents of
the pass-through entity.
b. The recipient must maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection,
award, and administration of subawards. The recipient safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents
the appearance of personal or organizational conflict of interest, or personal gain.
c. The non-federal entity must also maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of interest means that
because of relationships with a parent company, affiliate, or subsidiary
organization, the non-federal entity is unable or appears to be unable to be
impartial in conducting a subaward action involving a related organization.
d. The recipient must have a system or systems in place to address, resolve, and
disclose to USAID any conflicts of interest as described in this provision that
affect any subaward regardless of the amount funded under this award.
e. The recipient must disclose any conflict of interest and the recipient’s approach
for resolving the conflict of interest to the cognizant Agreement Officer for the
award within 10 calendar days of the discovery of the conflict of interest.
f. Upon notice from the recipient of a potential conflict of interest and the approach
for resolving it, the Agreement Officer will make a determination regarding the
effectiveness of the recipient’s actions to resolve the conflict of interest within 30
days of receipt of the recipient’s notice,
unless the Agreement Officer advises the
recipient that a longer period is necessary.
g. The recipient cannot request payment from USAID for costs for transactions
subject to the conflict of interest pending notification of USAID’s determination.
Failure to disclose a conflict of interest may result in cost disallowances.
h. For conflicts of interest, including organizational conflicts of interest, involving
contracts, the recipient must follow 2 CFR 200.318, general procurement
standards.
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i. The recipient must insert the substance of this provision, including paragraph (i),
in all subawards under this award, at any subaward tier.
