Conditions of Award and Acceptance
Special Conditions
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Commercial or For-Profit Organizations
Information Technology Awards
Cooperative Agreements—Reporting on Events
State Block or Formula Subawards
Special conditions are terms and conditions that are included with your award. Special conditions may include additional requirements covering areas such as programmatic and financial reporting, prohibited uses of Federal funds, consultant rates, changes in key personnel, and proper disposition of program income.
Some special conditions may be based on the program or the nature of the award itself. Regardless of the program office or the award, there are several special conditions that you will have with any OJP award. These conditions include but are not limited to the following:
- Compliance with this Financial Guide
- Submission of an Equal Employment Opportunity Plan if required
- Compliance with audit requirements
- Compliance with the Anti-Lobbying Act
- Compliance with the False Claims Act or committing fraud with grant funds
- Compliance with Recovery Act requirements, if applicable
- Compliance with FFATA requirements
Financial Management Tip
Failure to comply with special conditions may result in withholding of funds.
The recipient, upon accepting the award, also agrees to complete and keep on file, as appropriate, the U.S. Citizenship and Immigration Services’ Employment Eligibility Verification Form I-9. This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States.
Specific types of recipients and program awards have their own special conditions, as described below.
Commercial or For-Profit Organizations
If you are a commercial or for-profit organization, you have additional special conditions on your award. You must agree to:
- Not make a profit on the award and not charge a management fee for the performance of the award.
- Comply with Federal Acquisition Regulation (FAR) cost principles.
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Information Technology Awards
If you have received an information technology (IT) award, you must agree to send written notification to the State IT Point of Contact regarding any IT project that is being funded by this award. Here are the details of this condition:
- This correspondence should include a brief description of the project.
- A copy of the correspondence should be sent to the grant manager.
- Once the copy has been received, the grant manager will remove this condition and inform the recipient that he or she has done so.
- If there is no State IT Point of Contact, the recipient agrees to submit a letter to the grant manager stating that this condition is not applicable for that reason.
- The intent of this condition is to facilitate information system communication.
- This condition does not require that the State IT Point of Contact concur with or approve the IT project.
- For a list of State IT Points of Contact, go to Justice Information Sharing State and Territory Points of Contact.
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Cooperative Agreements—Reporting on Events
If you have received a cooperative agreement award and you hold or sponsor a conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under the cooperative agreement, and the total cost of any one event exceeds $20,000 in award funds, you must submit a report through the GMS Event Planning and Reporting Link within 45 days after the end of the event. You will need the following information in order to submit each report:
Download checklist [PDF - 53 Kb]
- Name of event
- Event dates
- Location of event
- Number of Federal attendees
- Number of non-Federal attendees
- Cost of event space, including rooms for breakout sessions
- Cost of audiovisual services
- Other equipment costs (e.g., computer fees, telephone fees, etc.)
- Cost of printing and distribution
- Cost of meals provided during the event
- Cost of refreshments provided during the event
- Cost of event planner
- Cost of event facilitators
- Any other costs associated with the event
Additionally, you must itemize and report the following costs, which are paid for or reimbursed with cooperative agreement funds, for any attendee (including participants, presenters, and speakers):
- Meals and incidental expenses portion of per diem
- Lodging
- Transportation to/from event location (e.g., common carrier, privately owned vehicle [POV])
- Local transportation (e.g., rental car, POV) at event location
- Lodging
Financial Management Tip
Items paid for with registration fees, or other non-award funding, do not need to be reported.
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State Block or Formula Subawards
If you have received a block or formula subaward from your State, your project must be operational within a specified time frame or face the possibility of it being cancelled. The State is required to pass on to you the following conditions:
- If a project is not operational within 60 days of the original start date of the award period, the State requires you to send a letter explaining the steps taken to initiate the project, the reasons for the delay, and the expected revised start date.
- If a project is not operational within 90 days of the original start date of the award period, the State will require from you a second letter explaining the implementation delay.
- Upon receipt of the 90-day letter, the State may cancel the project and request OJP approval to redistribute the funds to other project areas.
- The State may also, under extenuating circumstances, extend the implementation date of the project past the 90-day period.
- When this occurs, a note must be added to the appropriate subaward files explaining the extension.
Action Item
States should evaluate all special conditions of their direct award and document whether each special condition will be passed to its subrecipients. If a special condition is not passed to the subrecipient, the State should document why it made this decision.
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