Fiscal Year 2023 Award Standard Terms

1. Acceptance of the Terms of an Award

By drawing or otherwise obtaining funds from the Health and Human Services (HHS) Payment 

Management System, the recipient acknowledges acceptance of the terms and conditions of 

the award and is obligated to perform in accordance with the requirements of the award. If the 

recipient cannot accept the terms, the recipient should notify the Grants Management Officer 

(GMO) within thirty (30) days of receipt of this award notice. Once an award is accepted by a 

recipient, the contents of the Notice of Award (NoA) are binding on the recipient unless and 

until modified by a revised NoA signed by the GMO.

Certification Statement: By drawing down funds, the recipient certifies that proper financial 

management controls and accounting systems, to include personnel policies and procedures, 

have been established to adequately administer Federal awards and funds drawn down. 

Recipients of Department of Health and Human Services’ (DHHS) grants or cooperative 

agreement awards must comply with all terms and condition of their awards, including: (a) 

terms and conditions included in the HHS Grants Policy Statement in effect at the time of a 

new, non-competing continuation, or renewal award, including the requirements of HHS grants 

administration regulations; (b) requirements of the authorizing statutes and implementing 

regulations for the program under which the award is funded; (c) applicable requirements or 

limitations in appropriations acts; and (d) any requirements specific to the particular award 

specified in program policy and guidance, the Notice of Funding Opportunity (NOFO), or the 

Notice of Award (NoA).

2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS 

Awards

The NoA issued is subject to the administrative requirements, cost principles, and audit 

requirements that govern Federal monies associated with this award, as applicable, in the 

Uniform Guidance – 2 Code of Federal Regulations (CFR) § 200 as codified by HHS at 45 CFR § 

75. 

3. Award Expectations

The eligibility and program requirements originally outlined in the NOFO must continue to be 

adhered to as the funded project is implemented. Recipients must comply with the 

performance goals, milestones, outcomes, and performance data collection as reflected in the 

NOFO and related policy and guidance. Additional terms and/or conditions may be applied to 

this award if outstanding financial or programmatic compliance issues are identified by 

Substance Abuse and Mental Health Services Administration (SAMHSA).
4. Flow down of requirements to sub-recipients

The recipient, as the awardee organization, is legally and financially responsible for all aspects 

of this award including funds provided to sub-recipients, in accordance with 45 CFR § 75.351 – 

75.352, Sub-recipient monitoring and management.

5. Future Spending

As indicated in the NoA, recommended future support reflects total costs (direct plus indirect). 

Funding is subject to the availability of Federal funds, satisfactory progress and continued 

funding is in the best interest of the Federal government. 

6. Non-Supplant 

Federal award funds must supplement, not replace (supplant) non-federal funds. All recipients 

who receive awards under programs that prohibit supplanting by law must ensure that federal 

funds do not supplant funds that have been budgeted for the same purpose through nonfederal sources. Applicants or award recipients may be required to demonstrate and document 

that a reduction in non-federal resources occurred for reasons other than the receipt of 

expected receipt of federal funds.

7. Unallowable Costs 

All costs incurred prior to the award issue date and costs not consistent with the funding 

opportunity, 45 CFR § 75, and the HHS Grants Policy Statement, are not allowable under this 

award.

8. Conflicts of Interest Policy

Consistent with 45 CFR § 75.112, recipients must establish written policies and procedures to 

prevent employees, consultants, and others (including family, business, or other ties) involved 

in grant-supported activities, from involvement in actual or perceived conflicts of interest. The 

policies and procedures must:

• address conditions under which outside activities, relationships, or financial interest are 

proper or improper;

• provide for advance disclosure of outside activities, relationships, or financial interest to 

a responsible organizational official;

• include a process for notification and review by the responsible official of potential or 

actual violations of the standards; and

• specify the nature of penalties that may be imposed for violations.
9. Administrative and National Policy Requirements 

Public policy requirements are requirements with a broader national purpose than that of the 

Federal sponsoring program or award that an applicant/recipient must adhere to as a 

prerequisite to and/or condition of an award. Public policy requirements are established by 

statute, regulation, or Executive order. In some cases, they relate to general activities, such as 

preservation of the environment, while, in other cases they are integral to the purposes of the 

award-supported activities. An application funded with the release of federal funds through a 

grant award does not constitute or imply compliance with federal statute and regulations. 

Funded organizations are responsible for ensuring that their activities comply with all applicable 

federal regulations, refer to Part II of the HHS Grants Policy Statement. 

10. Carryover - Expanded Authority for Unobligated Balances from One Budget Period to Any 

Subsequent Budget Period

Federal administrative requirements allow agencies to provide recipients with expanded 

authorities, which waive certain cost-related and administrative prior approvals under certain 

conditions. 

Per 45 CFR § 75.308 (d)(3), SAMHSA has extended expanded authority to recipients requesting 

carryover of unobligated balances (UOB) up to 25% or less of the current budget period (year 

when the funds are needed) provided that recipients are not on drawdown restriction.

Recipients requesting a carryover greater than 25% of the current budget period award cannot 

exercise this expanded authority. 

Recipients who exercise expanded authority may include an Intent to Carryover statement in 

the Remarks section (box 12) of the annual Federal Financial Report (FFR).

Expanded authority may be overridden by other special terms or conditions of the award. 

Recipients must carefully review the Notice of Award to determine if a particular authority is 

withheld for a specific award.

Recipients must exercise proper stewardship over Federal funds and ensure that costs charged 

to awards are allowable, allocable, reasonable, necessary, and consistently applied regardless 

of the source of funds.

Additional Guidance: https://www.samhsa.gov/grants/grants-management/post-awardamendments#carryover
11. Marijuana Restriction 

SAMHSA grant funds may not be used to purchase, prescribe, or provide marijuana or 

treatment using marijuana. See, e.g., 45 CFR § 75.300(a) (requiring HHS to ensure that Federal 

funding is expended in full accordance with U.S. statutory and public policy requirements); 21 

U.S.C. 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or 

distribution of marijuana).

12. Prior Approval

SAMHSA anticipates that the recipient may need to modify the recipient's award budget or 

other aspects of its approved application during performance to accomplish the award's 

programmatic objectives. In general, recipients are allowed a certain degree of latitude to rebudget within and between budget categories to meet unanticipated needs and to make other 

types of post-award changes, provided that the changes still meet the statutory program 

requirements and the regulatory requirements under 45 CFR § 75, as applicable.

Items that require prior approval (i.e., formal written approval) from the GMO, as indicated in 

either 45 CFR § 75 or the HHS Grants Policy Statement, must be submitted in writing to the 

GMO. Based on the nature, extent, and timing of the request, the SAMHSA GMO may approve, 

deny, or request additional material to further document and evaluate your request.

Only an amended NoA signed by the GMO is considered valid. Verbal authorization is not 

approval and is not binding on SAMHSA. Recipients who proceed do so at their own risk.

Prior approval is required for but is not limited to: Changes in Key Personnel and Level of Effort, 

Budget Revisions, Changes in Scope, Carryover Requests (that fall outside the term for the 

Expanded Authority for Carryover), and No Cost Extensions. A summary of activities that 

require prior approval is listed in the HHS Grants Policy Statement under Exhibit 5, Page II-49.

SAMHSA instructions regarding requests for prior approval are available at: 

https://www.samhsa.gov/grants/grants-management/post-award-amendments

13. Executive Pay 

The Consolidated Appropriations Act, 2023 (Public Law No: 117-328), signed into law on 

December 29, 2022, restricts the amount of direct salary to Executive Level II of the Federal 

Executive Pay scale. Effective January 1, 2023, the salary limitation for Executive Level II is 

$212,100.

For awards issued prior to this change, if adequate funds are available in active awards, and if 

the salary cap increase is consistent with the institutional base salary, recipients may re-budget 
to accommodate the current Executive Level II salary level. However, no additional funds will be 

provided to these grant awards.

14. Promotional Items 

SAMHSA grant funds may not be used for Promotional Items. Promotional items include but are 

not limited to clothing and commemorative items such as pens, mugs/cups, folders/folios, 

lanyards, and conference bags. 

HHS Policy on the Use of Appropriated Funds for Promotional Items:

https://www.hhs.gov/grants/contracts/contract-policies-regulations/spending-on-promotionalitems/index.html

15. Universal Identifier and SAM Requirements

This award is subject to requirements as set forth in 2 CFR § 25 – Universal Identifier and 

System of Award Management (SAM) Requirements.

A. Requirement for System of Award Management

Unless you are exempted from this requirement under 2 CFR § 25.110, you, as the recipient, 

must maintain the currency of your information in the SAM, until you submit the final financial 

report required under this award or receive the final payment, whichever is later. This requires 

that you review and update the information at least annually after the initial registration, and 

more frequently if required by changes in your information or another award term.

B. Requirement for unique entity identifier if you are authorized (reference project 

description) to make subawards under this award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of 

this award term) may receive a subaward from you, unless the entity has provided 

its unique entity identifier to you; and

2. May not make a subaward to an entity, unless the entity has provided its unique 

entity identifier to you.

C. Definitions. 

For purposes of this award term:

1. System of Award Management (SAM) means the Federal repository into which an 

entity must provide information required for the conduct of business as a recipient. 
Additional information on SAM registration procedures may be found at: 

https://www.sam.gov.

2. Unique entity identifier means the identifier required for SAM registration to 

uniquely identify business entities.

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR 

§ 25, subpart D: 

o A governmental organization, which is a state, local government, or Indian Tribe; 

o A foreign public entity; 

o A domestic or foreign nonprofit organization; 

o A domestic or foreign for-profit organization; and 

o A Federal agency, but only as a subrecipient under an award or subaward to a 

non-Federal entity. 

4. Subaward:

o This term means a legal instrument to provide support for the performance of 

any portion of the substantive project or program for which you received this 

award and that you as the recipient award to an eligible subrecipient;

o The term does not include your procurement of property and services needed to 

carry out the project or program (for further explanation, see 2 CFR § 200.1 and 

2 CFR § 200.331). 

o A subaward may be provided through any legal agreement, including an 

agreement that you consider a contract.

5. Subrecipient means an entity that: 

o receives a subaward from you under this award; and

o is accountable to you for the use of the Federal funds provided by the subaward.

16. Financial Accountability and Transparency Act (FFATA)

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.

17. SAM.gov Responsibility Qualification (R/Q) – Recipient Integrity and Performance

Reporting of Matters Related to Recipient Integrity and Performance

1. General Reporting Requirement 

If the total value of your currently active grants, cooperative agreements, and procurement 

contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during 

the period of performance of this Federal award, then you as the recipient during that period of 

time must maintain the currency of information reported to the System for Award 

Management (SAM) that is made available in the designated integrity and performance system 

(formerly the Federal Awardee Performance and Integrity Information System (FAPIIS) now 

called Responsibility/Qualification (R/Q) on SAM.gov about civil, criminal, or administrative 

proceedings described in paragraph 2 of this award term and condition. This is a statutory 

requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As 

required by section 3010 of Public Law 111-212, all information posted in the designated 

integrity and performance system on or after April 15, 2011, except past performance reviews 

required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report

Submit the information required about each proceeding that:

• Is in connection with the award or performance of a grant, cooperative agreement, or 

procurement contract from the Federal Government;

• Reached its final disposition during the most recent five-year period; and

• If one of the following:

o A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of 

this award term and condition;

o A civil proceeding that resulted in a finding of fault and liability and payment of a 

monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or 

more;

o An administrative proceeding, as defined in paragraph 5 of this award term and 

condition, that resulted in a finding of fault and liability and your payment of 
either a monetary fine or penalty of $5,000 or more or reimbursement, 

restitution, or damages in excess of $100,000; or

o Any other criminal, civil, or administrative proceeding if:

 It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) 

of this award term and condition; 

 It had a different disposition arrived at by consent or compromise with an 

acknowledgement of fault on your part; and 

 The requirement in this award term and condition to disclose information 

about the proceeding does not conflict with applicable laws and 

regulations.

3. Reporting Procedures

Enter in the SAM Entity Management area the information that SAM requires about each 

proceeding described in paragraph 2 of this award term and condition. You do not need to 

submit the information a second time under assistance awards that you received if you already 

provided the information through SAM because you were required to do so under Federal 

procurement contracts that you were awarded.

4. Reporting Frequency

During any period of time when you are subject to this requirement in paragraph 1 of this 

award term and condition, you must report proceedings information through SAM for the most 

recent five-year period, either to report new information about any proceeding(s) that you 

have not reported previously or affirm that there is no new information to report. Recipients 

that have Federal contract, grant, and cooperative agreement awards with a cumulative total 

value greater than $10,000,000 must disclose semiannually any information about the criminal, 

civil, and administrative proceedings.

5. Definitions

For purposes of this award term and condition: 

• Administrative proceeding means a non-judicial process that is adjudicatory in nature in 

order to make a determination of fault or liability (e.g., Securities and Exchange 

Commission Administrative proceedings, Civilian Board of Contract Appeals 

proceedings, and Armed Services Board of Contract Appeals proceedings). This includes 

proceedings at the Federal and State level but only in connection with performance of a 
Federal contract or grant. It does not include audits, site visits, corrective plans, or 

inspection of deliverables.

• Conviction, for purposes of this award term and condition, means a judgment or 

conviction of a criminal offense by any court of competent jurisdiction, whether entered 

upon a verdict or a plea, and includes a conviction entered upon a plea of nolo 

contendere.

• Total value of currently active grants, cooperative agreements, and procurement 

contracts includes— 

o Only the Federal share of the funding under any Federal award with a recipient 

cost share or match; and 

o The value of all expected funding increments under a Federal award and options, 

even if not yet exercised 

[2 CFR Appendix XII to Part 200 - Award Term and Condition for Recipient Integrity and 

Performance Matters] 

18. Acknowledgement of Federal Funding in communications and contracting

For each publication that results from HHS grant-supported activities, recipients must include 

an acknowledgment of grant support using one of the following statements: 

“This publication was made possible by Grant Number ________ from _________.” 

“The project described was supported by Grant Number ________ from ________.”

Recipients also must include a disclaimer stating the following: 

“Its contents are solely the responsibility of the authors and do not necessarily represent the 

official views of the [SAMHSA].” 

If the recipient plans to issue a press release concerning the outcome of HHS grant-supported 

activities, it should notify SAMHSA in advance to allow for coordination. One copy of each 

publication resulting from work performed under an HHS grant-supported project must 

accompany the annual or final progress report submitted to SAMHSA.

19. Acknowledgement of Federal Funding at Conferences and Meetings

A conference is defined as a meeting, retreat, seminar, symposium, workshop or event whose 

primary purpose is the dissemination of technical information beyond the non-Federal entity 

and is necessary and reasonable for successful performance under the Federal award. 
Allowable conference costs paid by the non-Federal entity as a sponsor or host of the 

conference may include rental of facilities, speakers' fees, costs of meals and refreshments, 

local transportation, and other items incidental to such conferences unless further restricted by 

the terms and conditions of the Federal award. As needed, the costs of identifying, but not 

providing, locally available dependent-care resources are allowable. Conference hosts/sponsors 

must exercise discretion and judgment in ensuring that conference costs are appropriate, 

necessary and managed in a manner that minimizes costs to the Federal award. The HHS 

awarding agency may authorize exceptions where appropriate for programs including Indian 

tribes, children, and the elderly. See also 45 CFR §§75.438, 75.456, 75.474, and 75.475. 

Disclaimer for Conference/Meeting/Seminar Materials: If a conference/meeting/seminar is 

funded by a grant, cooperative agreement, sub-grant and/or a contract, the recipient must 

include the following statement on conference materials, including promotional materials, 

agenda, and internet sites:

“Funding for this conference was made possible (in part) by SAMHSA. The views expressed in 

written conference materials or publications and by speakers and moderators do not 

necessarily reflect the official policies of the Department of Health and Human Services, nor 

does the mention of trade names, commercial practices, or organizations imply endorsement 

by the U.S. Government.”

20. Rights in Data and Publications

As applicable, recipients agree to the requirements for intellectual property, rights in data, 

access to research data, publications, and sharing research tools, and intangible property and 

copyrights as described in 45 CFR § 75.322 and the HHS Grants Policy Statement. 

Recipients may copyright any work that is subject to copyright and was developed, or for which 

ownership was acquired, under a Federal award. SAMHSA reserves a royalty-free, nonexclusive 

and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, 

and to authorize others to do so.

21. Mandatory Disclosures

Consistent with 45 CFR § 75.113, applicants and recipients must disclose in a timely manner, in 

writing to the HHS Office of Inspector General (OIG), all information related to violations, or 

suspected 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 prime recipient (pass through entity) and the HHS OIG, all information related to 

violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity 

violations potentially affecting the Federal award. Disclosures must be sent in writing to the 

awarding agency and to the HHS OIG at the following addresses:
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) or email: 

MandatoryGranteeDisclosures@oig.hhs.gov 

Failure to make required disclosures can result in any of the remedies described in 45 CFR § 

75.371 – Remedies for noncompliance, including suspension or debarment (see 2 CFR §§ 180 & 

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

22. Lobbying Restrictions

Per 45 CFR §75.215, Recipients are subject to the restrictions on lobbying as set forth in 45 CFR 

§ 93. 

Lobbying with appropriated moneys, U.S. Code 18 § 1913 (2021), No part of the money 

appropriated by any enactment of Congress shall, in the absence of express authorization by 

Congress, be used directly or indirectly to pay for any personal service, advertisement, 

telegram, telephone, letter, printed or written matter, or other device, intended or designed to 

influence in any manner a Member of Congress, a jurisdiction, or an official of any government, 

to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or 

appropriation, whether before or after the introduction of any bill, measure, or resolution 

proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent 

officers or employees of the United States or of its departments or agencies from 

communicating to any such Member or official, at his/her request, or to Congress or such 

official, through the proper official channels, requests for any legislation, law, ratification, 

policy, or appropriations which they deem necessary for the efficient conduct of the public 

business, or from making any communication whose prohibition by this section might, in the 

opinion of the Attorney General, violate the Constitution or interfere with the conduct of 

foreign policy, counter-intelligence, intelligence, or national security activities.

Violations of this section shall constitute as a violation of section 1352 (a) of Title 31.

23. Drug-Free Workplace

The Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that all organizations 

receiving grants from any Federal agency agree to maintain a drug-free workplace. You as the 

recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the 

recipient is an individual) of part 382, which adopts the Governmentwide implementation (2 

CFR §182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, 

Subtitle D; 41 U.S.C. 701-707). By signing the application, the AOR agrees that the recipient will 
provide a drug-free workplace and will comply with the requirement to notify SAMHSA if an 

employee is convicted of violating a criminal drug statute. Failure to comply with these 

requirements may be cause for debarment. Government wide requirements for Drug-Free 

Workplace for Financial Assistance are found in 2 CFR § 182; HHS implementing regulations are 

set forth in 2 CFR § 382.400. 

24. Civil Right Laws that prohibit discrimination

You must administer your project in compliance with federal civil rights laws that prohibit 

discrimination on the basis of race, color, national origin, disability, age and, in some 

circumstances, religion, conscience, and sex (including gender identity, sexual orientation, and 

pregnancy). This includes taking reasonable steps to provide meaningful access to persons with 

limited English proficiency and providing programs that are accessible to and usable by persons 

with disabilities. The HHS Office for Civil Rights provides guidance on complying with civil rights 

laws enforced by HHS. See https://www.hhs.gov/civil-rights/for-providers/providerobligations/index.html and https://www.hhs.gov/civil-rights/forindividuals/nondiscrimination/index.html. 

• You must take reasonable steps to ensure that your project provides meaningful access 

to persons with limited English proficiency. For guidance on meeting your legal 

obligation to take reasonable steps to ensure meaningful access to your programs or 

activities by limited English proficient individuals, see https://www.hhs.gov/civilrights/for-individuals/special-topics/limited-english-proficiency/fact-sheetguidance/index.html and https://www.lep.gov. 

• For information on your specific legal obligations for serving qualified individuals with 

disabilities, including providing program access, reasonable modifications, and taking 

appropriate steps to provide effective communication, see 

http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html. 

• HHS funded health and education programs must be administered in an environment 

free of sexual harassment, see https://www.hhs.gov/civil-rights/for-individuals/sexdiscrimination/index.html. 

• For guidance on administering your project in compliance with applicable federal 

religious nondiscrimination laws and applicable federal conscience protection and 

associated anti-discrimination laws, see https://www.hhs.gov/conscience/conscienceprotections/index.html and https://www.hhs.gov/conscience/religiousfreedom/index.html. 
25. Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(G)), as amended, and 2 CFR § 

175

The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance 

provided to a private entity, without penalty to the Federal government, if the recipient or 

subrecipient engages in certain activities related to trafficking in persons. SAMHSA may 

unilaterally terminate this award, without penalty, if a private entity recipient, or a private 

entity subrecipient, or their employees:

• Engage in severe forms of trafficking in persons during the period of time that the award 

is in effect;

• Procure a commercial sex act during the period of time that the award is in effect; or,

• Use forced labor in the performance of the award or subawards under the award.

The text of the full award term is available at 2 CFR § 175.15(b).

26. Confidentiality of Alcohol and Drug Abuse Patient Records

The regulations (42 CFR § 2) are applicable to any information about alcohol and other drug 

abuse patients obtained by a "program" (42 CFR § 2.11), if the program is federally assisted in 

any manner (42 CFR § 2.12b). Accordingly, all project patient records are confidential and may 

be disclosed and used only in accordance with 42 CFR § 2. The recipient is responsible for 

assuring compliance with these regulations and principles, including responsibility for assuring 

the security and confidentiality of all electronically transmitted patient material.

27. Healthy People 2020

Healthy People 2020 is a national initiative led by HHS that set priorities for all SAMHSA 

programs. The initiative has two major goals: (1) increase the quality and years of a healthy life; 

and (2) eliminate our country’s health disparities. The program consists of 28 focus areas and 

467 objectives. SAMHSA has actively participated in the work groups of all the focus areas and 

is committed to the achievement of the Healthy People 2020 goals. Healthy People 2010 and 

the conceptual framework for the forthcoming Healthy People 2020 process can be found 

online at: http://www.healthypeople.gov/ 

28. Accessibility Provisions

Recipients of Federal financial assistance (FFA) from HHS must administer their programs in 

compliance with Federal civil rights law. This means that recipients of HHS funds must ensure 

equal access to their programs without regard to a person’s race, color, national origin, 
disability, age, and in some circumstances, sex and religion. This includes ensuring your 

programs are accessible to persons with limited English proficiency.

The HHS Office for Civil Rights also provides guidance on complying with civil rights laws 

enforced by HHS. Please see: 

http://www.hhs.gov/ocr/civilrights/understanding/section1557/index.html. 

Recipients of FFA also have specific legal obligations for serving qualified individuals with 

disabilities. Please seehttp://www.hhs.gov/ocr/civilrights/understanding/disability/index.html. Please contact the 

HHS Office for Civil Rights for more information about obligations and prohibitions under 

Federal civil rights laws at https://www.hhs.gov/civil-rights/index.html or call 1-800-368-1019 

or TDD 1-800-537-7697.

Also note that it is an HHS Departmental goal to ensure access to quality, culturally competent 

care, including long-term services and supports, for vulnerable populations. For further 

guidance on providing culturally and linguistically appropriate services, recipients should review 

the National Standards for Culturally and Linguistically Appropriate Services in Health and 

Health Care at https://minorityhealth.hhs.gov/omh/browse.aspx?lvl=1&lvlid=6. 

29. Data Collection and Performance Measurement

All SAMHSA recipients are required to collect and report evaluation data to ensure the 

effectiveness and efficiency of its programs under the Government Performance and Results 

(GPRA) Modernization Act of 2010 (P.L. 102-62). Recipients must comply with the performance 

goals, milestones, and expected outcomes as reflected in the NOFO and are required to submit 

data via SAMHSA’s data-entry and reporting system. 

Please contact your Government Program Official for additional submission information.

30. Legislative Mandates

Certain statutory provisions under P.L. 115-245, Department of Defense and Labor, Health and 

Human Services, and Education Appropriations Act, 2019, Division B, Title V, Title II, General 

Provisions limit the use of funds on SAMHSA grants, cooperative agreements, and contract 

awards. Such provisions are subject to change annually based on specific appropriation 

language that restricts the use of grant funds. The full text of P.L. 115-245 is available at 

https://www.congress.gov/bill/115th-congress/house-bill/6157/text?Format=txt. 
31. Executive Order 13410: Promoting Quality and Efficient Health Care in Federal 

Government Administered or Sponsored Health Care Programs

This EO promotes efficient delivery of quality health care through the use of health information 

technology, transparency regarding health care quality and price, and incentives to promote 

the widespread adoption of health information technology and quality of care. Accordingly, all 

recipients that electronically exchange patient level health information to external entities 

where national standards exist must:

• Use recognized health information interoperability standards at the time of any HIT 

system update, acquisition, or implementation, in all relevant information technology 

systems supported, in whole or in part, through this agreement/contract. Please consult 

www.healthit.gov for more information, and

• Use Electronic Health Record systems (EHRs) that are certified by agencies authorized by 

the Office of the National Coordinator for Health Information Technology (ONC), or that 

will be certified during the life of the grant. 

32. Audits

Non-Federal recipients that expend $750,000 or more in federal awards during the recipient's 

fiscal year must have a single or program-specific audit conducted for that year in accordance 

with the provisions of 45 CFR § 75.501. Guidance on determining Federal awards expended is 

provided in 45 CFR §75.502. 

Recipients are responsible for submitting their Single Audit Reports and the Data Collections 

Forms (SF-FAC) electronically to the to the Federal Audit Clearinghouse Visit disclaimer page 

(FAC) within the earlier of 30 days after receipt or nine months after the FY’s end of the audit 

period. The FAC operates on behalf of the OMB.

For specific questions and information concerning the submission process:

• Visit the Federal Audit Clearinghouse at https://harvester.census.gov/facweb 

• Call FAC at the toll-free number: (800) 253-0696

33. Ad Hoc Submissions

Throughout the project period, SAMHSA may determine that a grant requires submission of 

additional information beyond the standard deliverables. This information may include, but is 

not limited to, the following:

• Payroll
• Purchase orders

• Contract documentation

• Proof of project implementation

34. Submitting Responses to Conditions and Reporting Requirements

Unless otherwise identified in the special terms and conditions of award and post award 

requests, all responses to special terms and conditions of award and post award requests must 

be submitted through the eRA Commons system.

35. Risk Assessment

SAMHSA may perform an administrative review of your organization’s financial management 

system. If the review discloses material weaknesses or other financial management concerns, 

grant funding may be restricted in accordance with 45 CFR § 75/2 CFR § 200, as applicable. The 

restriction will affect your organization’s ability to withdraw funds from the Payment 

Management Services account, until the concerns are addressed.

36. 120-day Reconciliation and Liquidation Period

In accordance with 2 CFR § 200.344, recipients must liquidate all obligations incurred under an 

award not later than one hundred and twenty (120) days after the end of award’s obligation 

and expenditure period (i.e., the project period). After one hundred and twenty (120) days, 

letter of credit accounts are locked. SAMHSA does not approve extensions to the one hundred 

and twenty (120) day post-award reconciliation/liquidation period. Therefore, recipients are 

expected to complete all work and reporting within the approved project period and the 

aforementioned 120-day post-award reconciliation/liquidation period. Recipients (late) 

withdrawal requests occurring after the aforementioned periods will be denied.

37. Cancel Year

31 U.S.C. 1552(a) Procedure for Appropriation Accounts Available for Definite Periods states the 

following: On September 30th of the 5th fiscal year after the period of availability for obligation 

of a fixed appropriation account ends, the account shall be closed and any remaining balances 

(whether obligated or unobligated) in the account shall be canceled and thereafter shall not be 

available for obligation or expenditure for any purpose.

38. Termination

Termination (45 CFR § 75.372) applies to this award and states, in part, the following: 

This award may be terminated in whole or in part: 
• By the HHS awarding agency (SAMHSA) or pass-through entity, if a non-Federal entity 

fails to comply with the terms and conditions of a Federal award; 

• By the HHS awarding agency (SAMHSA) or pass-through entity for cause; 

• By the HHS awarding agency (SAMHSA) or pass-through entity with the consent of the 

non-Federal entity, in which case the two parties must agree upon the termination 

conditions, including the effective date and, in the case of partial termination, the 

portion to be terminated; 

• By the non-Federal entity upon sending to the HHS awarding agency or pass-through 

entity written notification setting forth the reasons for such termination, the effective 

date, and, in the case of partial termination, the portion to be terminated. However, if 

the Federal awarding agency or pass-through entity determines in the case of partial 

termination that the reduced or modified portion of the Federal award or subaward will 

not accomplish the purposes for which the Federal award was made, the HHS awarding 

agency or pass-through entity may terminate the Federal award in its entirety.

39. Prohibition on certain tele-communications 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:

• Procure or obtain;

• Extend or renew a contract to procure or obtain; or

• 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).

o 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).
o Telecommunications or video surveillance services provided by such entities or 

using such equipment.

o 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.