2 FAM 630
STANDARD PROVISIONS OF THE AWARD UNDER 22 U.S.C. 2701
(SECTION 29 OF THE DEPARTMENT OF STATE BASIC AUTHORITIES ACT OF 1956, AS
AMENDED BY THE FOREIGN SERVICE ACT OF 1980)
(CT:GEN-489; 11-06-2017)
(Office of Origin: A/OPR/OS)
2 FAM 631 AWARD DEFINITIONS
(CT:GEN-399; 10-18-2012)
(Uniform State/USAID)
For the purposes of the 2 FAM 600, the following
definitions apply:
Award: Financial assistance
provided by a Federal agency to a recipient to carry out a program.
Department: The U.S. Department
of State.
Direct costs: Any costs that can
be identified specifically with a particular award purpose.
Educational supplies and equipment:
Materials used in the current and normal U.S. education practice and setting.
Foreign Affairs Manual (FAM): The
collection of the Department of State's policy directives and procedures.
Obligation: A valid claim against
the recipient of the award resulting from action by an authorized official
pursuant to orders placed, contracts awarded, services issued, and similar
transactions payable.
Office of Overseas Schools (A/OPR/OS):
Department of State office that is responsible for administering the
Consolidated Overseas Schools Assistance Program.
Post: A Foreign Service
establishment in a country in which representation of the U.S. Department of
State is maintained.
Recipient: An elementary or
secondary school abroad and/or a U.S. educational organization receiving
assistance pursuant to criteria stated in 2 FAM 614.
2 FAM 632 AWARD ARTICLE ILIAISON
(CT:GEN-317; 03-08-2005)
(Uniform State/USAID)
All liaisons with the U.S. Government relative to the
rights and responsibilities incurred by virtue of this award shall be through
the post with the Office of Overseas Schools (A/OPR/OS).
2 FAM 633 AWARD ARTICLE IIPERFORMANCE
(CT:GEN-489; 11-06-2017)
(Uniform State/USAID)
a. The recipient certifies that it has the capability
to plan, organize and make all the arrangements necessary to carry out the
educational activities and projects in connection with the award.
b. The recipient certifies that adequate progress can
be made to initiate the obligation of each line item specified in this award
within the award period.
c. The recipient agrees, as a condition of receiving
this award, to accept as students, at no more than the school's normal tuition
rates, all dependent children of U.S. citizens under Chief of Mission authority
engaged in carrying out U.S. Government activities who request admission and
are able to meet the school's standards of admission.
d. The recipient warrants that no person or selling
agency has been employed or retained to solicit or secure this award upon an
agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the U.S. Government
shall have the right to annul this award without liability or at its discretion
to deduct from the amount of the award or otherwise recover the full amount of
such commission, percentage, brokerage or contingent fee.
e. The recipient shall not, except with the consent of
the post and the Office of Overseas Schools (A/OPR/OS), transfer or assign any
part of the sum made available hereby to another individual, institution or
organization for the performance of the functions, duties, or obligations
assumed herein by the recipient.
f. The recipient agrees that in connection with
transportation paid for with funds made available under this award, all travel
will normally be performed in accordance with Federal Travel Regulations. In
extenuating circumstances that must be justified in writing by the recipient,
travel may be performed as specifically authorized in advance by A/OPR/OS. The
recipient shall ensure the use of U.S.-flag airlines unless they are not
available or their use is not feasible, and such funds may not be used to
provide first-class accommodations.
g. Funds provided pursuant to this award shall be
disbursed by the post through reimbursement for direct costs incurred (excluding
any of the recipients overhead expenses) by the recipient in carrying out the
aforementioned approved purposes and within the maximum time limitation using Form DS-1909, Federal Assistance Award.
Reimbursement will be limited to direct costs for which obligations for said
purposes are incurred by the recipient from and after the effective date of
this award unless pre-award costs have been approved by A/OPR/OS. No indirect
costs will be reimbursed under this award.
h. In the event that the time prescribed should prove
insufficient for the recipient to perform the purposes listed in the
budget/purposes attachment of the award, A/OPR/OS, upon the request from the
school and concurrence by the post, may initiate a one-time extension of the
expiration date of the award for up to twelve (12) months. The recipient is
responsible for ensuring that a request for extension of the period of the
award is submitted to the post sufficiently prior to the expiration date on Form DS-1909, to allow for processing by the
post and A/OPR/OS. Extension will be effective on the date the appropriate
school official signs Form DS-1909, which A/OPR/OS has prepared and sent to the
post and school.
i. If the recipient fails to abide by any of the
conditions set forth in this award or if the U.S. Government deems it in the
best interest of the United States to terminate this award, the U.S. Government
may so terminate it by giving the recipient no less than ten days' notice in
writing, except in case of emergencies. In the event that this award is
terminated, the recipient shall immediately terminate any contracts or other
obligations which it may have entered into and shall return to the U.S.
Government any balance of funds received from the U.S. Government which is unused
and found to be unnecessary to liquidate outstanding obligations.
j. Nothing contained in this award shall be construed
as creating a contractual relationship between the U.S. Government and any
person, contractor or subcontractor employed or retained by the recipient.
k. The recipient agrees to maintain a responsibly
governed institution that is organized in accordance with accepted practices
for schools of its type, with final authority over policy, finances and other
fundamental aspects of administration duly vested in a competent board of
responsible persons, including representation by U.S. citizens.
l. The recipient, through the exercise of sound
management and fiscal policies by its governing body, agrees to follow
financial policies which give reasonable certainty that the school will be
capable of sustaining operations out of tuition or other school income. The
recipient that receives more than $500,000 in awards annually shall have
performed an annual audit of the books and records pertaining to U.S.
Government grants using the Government Auditing Standards published by the
General Accounting Office and also include a determination that the funds
granted by this award have been expended in conformance with the award
provisions. In all matters relating to the audit work, the audit organization
and the individual auditor, whether government or public, should be free both
in fact and appearance from personal, external, and organizational impairments
to independence. Such an audit may be performed by:
(1) A local auditing firm;
(2) A qualified accountant or accountants on the
management staff at post; or
(3) Such other qualified accountant personnel as may
be approved by the post.
m. The recipient shall provide a copy of said audit to
A/OPR/OS. The recipient will have one year to comply with recommendations to
improve weaknesses noted by the post or the Office of the Inspector General
(OIG) of the Department of State before the recipient is denied an award by the
Department of State.
n. The recipient agrees to endeavor to offer a
well-rounded program of studies in which instruction is provided in the English
language, and will endeavor to maintain teacher and academic standards that
approximate in quality those in comparable public elementary and/or secondary
schools in the United States.
o. The recipient agrees to offer the type of curriculum
and instruction that will reflect U.S. theory and practice in education to the
most reasonable extent practicable in consideration of:
(1) The location abroad;
(2) Local laws and regulations; and
(3) The needs of the student body as a whole.
p. The recipient agrees that, when U.S. citizens are
considered for employment, the recipient will not discriminate against any
employee or applicant, because of race, color, religion, sex, national origin,
or mental or physical handicap.
2 FAM 634 AWARD ARTICLE IIIPAYMENT
(CT:GEN-489; 11-06-2017)
(Uniform State/USAID)
a. Except as provided for in 2 FAM 634,
paragraph c, reimbursement of expenditures incurred pursuant to this award
shall be effected through the presentation by the recipient to the post
certifying officer of a voucher or other request for reimbursement, listing
expenditures for which reimbursement is claimed, accompanied by supporting
documentation.
b. The recipient must submit requests for the
reimbursement of funds expended pursuant to the award no later than ninety (90)
calendar days from the expiration date of the award.
c. The post, upon request of the recipient, may make
an advance of an amount, not to exceed two months' estimated costs. If an
advance is made, in accordance with 2 CFR 200
and/or 2 CFR 600 and/or 22 CFR 135,
a blanket fidelity bond or other security acceptable to the post and the
Department may be required. The post will reimburse the recipient, upon
receipt of a properly documented request, an amount equal to reported
expenditures, which when added to the initial advance, equals the total amount
available under the award. Thereafter, requests for reimbursement for
expenditures submitted by the recipient will not be reimbursed but will be
applied to liquidate the remaining outstanding advance. In the event that the
total amount of subsequent vouchers is insufficient to liquidate the amount of
the outstanding advance, the recipient will refund the difference to the U.S.
Government.
2 FAM 635 AWARD ARTICLE IVFINANCIAL
ACCOUNTABILITY AND REPORTING
(CT:GEN-489; 11-06-2017)
(Uniform State/USAID)
a. The recipient shall, where practicable, deposit all
advanced funds provided under U.S. Government awards in an insured bank
account, regardless of the authority under which the funds are granted. The
recipient shall, however, maintain a separate accounting record for each award.
b. The recipient agrees not to furnish, advance, lend,
pledge, or otherwise divert awards, credit or property made available by the
U.S. Government to other operations of the recipient or other persons or
institutions except as approved in advance by the post and the Office of
Overseas Schools (A/OPR/OS).
c. The recipient agrees that the post, A/OPR/OS, the
Office of the Inspector General (OIG) of the Department of State, and/or the
Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to and the right to examine any books,
documents, papers, and records of the recipient pertaining to the purposes of
this award during the term of this award. Furthermore, the recipient shall
maintain such records until the expiration of three (3) years after A/OPR/OS
has closed the award, which would include making final payments and receiving
final financial reports and audits required under the award. During this
period the post, A/OPR/OS, OIG, and/or the Comptroller General of the United
States shall have access to and the right to examine such records.
d. Within the total amount specified in the award, the
individual line items set forth in the budget/purposes attachment of the award
may be increased or decreased in such a way as not to change any of the amounts
set forth by more than twenty percent (20%) and only after written approval of
the post is received by the recipient; the post shall send one copy of such
approval to A/OPR/OS. If percentage changes greater than twenty percent (20%)
are required, the prior written approval of A/OPR/OS shall be obtained. In no
event, however, may the total amount of the award be exceeded. Following the
request of the school, concurrence by the post and approval by A/OPR/OS,
A/OPR/OS will prepare Form DS-1909, Federal Assistance Award, to modify the
line items. The appropriate school official will sign the amendment and
return one copy to post and one copy to A/OPR/OS.
e. The purposes described in the budget/purposes
attachment of the award, cannot be changed unless approved in advance by
A/OPR/OS.
f. In the event any of the funds advanced by the post
to the recipient are not obligated by the date of completion of this award,
such funds shall be returned by the recipient to the U.S. Government, except as
provided for in 2
FAM 633, paragraph h.
g. When dollar funds provided under this award are to
be converted to local currency before disbursement to the recipient, as
determined by the post, such conversion shall be made by the appropriate
post-disbursing officer.
h. The recipient shall not receive U.S. dollars for
carrying out the purposes of this award in any country in which the
post-disbursing officer holds foreign currencies in excess of the needs of the
U.S. Government, except where U.S. dollars are required to carry out the
purposes of the award. The recipient shall receive all such currencies solely
from the post-disbursing officer at the rate of exchange used by such officer
at the time of disbursement.
i. To the extent that the recipient expends funds
provided by this award for purposes not authorized by the award as determined
by the U.S. Government, it shall promptly refund or pay to the U.S. Government
funds equal to such unauthorized expenditures.
j. In the event the recipient must liquidate its
operation and is unable to carry out any of the purposes of this award, all
unexpended balances of funds advanced by the U.S. Government under the award
shall be returned to the U.S. Government. All nonexpendable personal and real
property procured or otherwise acquired by the recipient with funds made
available by the U.S. Government under the award will be disposed of in a
manner mutually agreed to by the U.S. Government and the recipient.
k. The recipient shall submit to post for certification
and transmittal to A/OPR/OS a final financial report on Form DS-2028, Overseas
Schools Grant Status Report no later than ninety (90) calendar days after
completion of award and after grantee has been fully reimbursed under the terms
of the award.
2 FAM 636 THROUGH 639 UNASSIGNED