Updated: 1/2022

Tribal Seafood Pandemic Response and Safety Grant 

Program (TSPRS)

Terms and Conditions

1.0 GENERAL TERMS AND CONDITIONS

I hereby attest to the following Terms and Conditions on behalf of the entity with the DUNS number associated with 

this award (“Recipient”). I further attest that I am authorized to make such attestation on behalf of the Recipient. The 

Terms and Conditions below are not an exhaustive list and the Recipient agrees to comply with all other applicable 

statutes and regulations.

There are no additional requirements for the Applicant/Recipient to comply with other than those included in the RFA 

and Terms and Conditions documents.

If the Recipient accepts funds appropriated in Title VII, subtitle B, section 751 of the Consolidated Appropriations 

Act of 2021 (Pub. L. No. 116—260), then the Recipient is deemed to have accepted the following Terms and

Conditions.

If the Recipient retains the payment for at least 120 days without contacting the U.S. Department of Agriculture 

(USDA) regarding the return of funds received, the USDA will consider all activities, objectives and reporting 

requirements as completed, and will close out the grant agreement in accordance with 2 CFR § 200.344.

The Recipient acknowledges that the Recipient’s full compliance with all Terms and Conditions is material to the 

Secretary’s decision to disburse funds to the Recipient. Non-compliance with any Term or Condition is grounds for the

Secretary to recoup some or all of the payment made.

2.0 FIXED AMOUNT AWARD TERMS AND CONDITIONS

• The “Recipient” means the eligible entity receiving the payment.

• The “Payment” means the funds received from the Tribal Seafood Pandemic Relief and Safety Grant Program, 

as authorized and funded under Title VII, subtitle B, section 751 of the Consolidated Appropriations Act of 

2021 (Pub. L. No. 116—260).

• The grant agreement is a Fixed Amount Award and recipient accountability is based primarily on 

performance and results in accordance with 2 CFR § 200.201(b).

• The Recipient certifies that it is a seafood processor wholly owned and operated by a Federally Recognized 

Indian Tribe, as defined by the Federally Recognized Indian Tribe List Act (List Act) of 1994 (Pub. L. No. 103—

454), available at https://www.govinfo.gov/content/pkg/FR-2019-02-01/pdf/2019-00897.pdf.

• The Recipient certifies that between January 27, 2020 and December 31, 2021, it has implemented the 

activity or activities selected on the application, and the funding amount requested in the application 
Updated: 1/2022

reflects the fair market value of the goods and services associated with the selected activity or activities 

and the corresponding outcome(s). 

• The Recipient shall retain receipts and other supporting documents related to the cost of the goods and 

services needed to achieve the outcomes identified in the TSPRS application and in accordance with 2 CFR 

§ 200.334.

• The Recipient shall submit copies of records and cost documentation upon the request of the Secretary and 

in accordance with 2 CFR § 200.337.

• The Recipient agrees to fully cooperate in all audits the Secretary, Inspector General, or Pandemic

Response Accountability Committee conducts to ensure compliance with these Terms and Conditions.

• The Recipient certifies that the Payment will only be used to cover the costs associated with the activities 

and outcomes identified in the recipient application. 

• The Recipient certifies that it will not use the Payment to cover costs that have been reimbursed from 

other sources or that other sources are obligated to reimburse.

• The Recipient shall submit reports as the Secretary determines are needed to ensure compliance with 

conditions that are imposed on this Payment, and such reports shall be in such form, with such content, as 

specified by the Secretary in future program instructions directed to all Recipients.

• The Recipient consents to the USDA publicly disclosing the Payment that Recipient may receive. 

• The Recipient acknowledges that such disclosure may allow some third parties to estimate the Recipient’s 

gross receipts or sales, program service revenue, or other equivalent information.

• The Recipient certifies that all information it provides as part of any application for the Payment, as well as 

all information and reports relating to the Payment that it provides in the future at the request of the 

Secretary or Inspector General, are true, accurate and complete, to the best of its knowledge. 

• The Recipient acknowledges that any deliberate omission, misrepresentation, or falsification of any 

information contained in this Payment application or future reports may be punishable by criminal, civil, or 

administrative penalties, including but not limited to the imposition of fines, civil damages, and/or 

imprisonment.

• The Recipient shall maintain appropriate records and cost documentation including, as applicable, 

documentation described in 2 CFR § 200.302 – Financial management and other information required by 

future program instructions to substantiate the reimbursement of costs under this award. 

• The Recipient must use Federal funds in a responsible manner and apply adequate internal controls and 

cash management practices consistent with the requirements outlined in 2 CFR § 200.303.

3.0 ALLOWABLE OUTCOMES AND ACTIVITIES

Outcomes and Activities Funded by TSPRS

Implement workplace safety measures to protect workers against COVID-19

• Provide personal protective equipment, thermometers, cleaning supplies, sanitizer, or hand washing stations

• Installation and purchase of air filters or new signage

Implement market pivots to protect workers against COVID–19

• Develop and implement online sales platforms and associated costs (online platform development and fees, 

online marketing, credit card processing fees)

• Use online or print materials to communicate market pivots

• Transition from restaurant or food service to retail markets, including costs associated with shifting from 

fresh to frozen products (building cold storage, purchasing new packaging, or implementing new distribution 

methods)
Updated: 1/2022

Retrofit Facilities for Worker and Consumer Safety to protect against COVID–19

• Installation and purchase protective barriers made of plexiglass or plastic sheeting, walk up windows, heat 

lamps/heaters, fans, tents, propane, weights, tables, chairs and lighting

• Installation of new production or processing equipment required to increase social distancing

Provide additional transportation options to maintain social distancing and worker and consumer safety to protect 

against COVID-19

• Secure additional transportation services for workers 

• Offer new delivery routes or distribution services

Provide worker housing that protects workers against COVID-19

• Secure additional housing resources/services to maintain social distancing or to allow for mandatory 

quarantining of newly-arrived seasonal employees, or isolation of exposed employees

Provide health services to protect workers against COVID-19

• Offer or enable vaccinations, testing, or healthcare treatment of infected employees, including any paid 

leave due to COVID-19 infection.

The Recipient is required to comply with the provisions listed below, and the Recipient acknowledges and agrees to this 

requirement. 

4.0 APPLICABLE STATUTORY PROVISIONS

2 CFR part 25 – System for Award Management and Universal Identifier Requirements

7 CFR part 170 – Reporting Subaward and Executive Compensation Information

2 CFR part 175 – Award Term for Trafficking in Persons

2 CFR parts 180 and 417 – OMB Guidelines to Agencies on Government-Wide Debarment and Suspension

(Nonprocurement) and USDA Nonprocurement Debarment and Suspension

2 CFR part 182 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)

2 CFR § 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment.

2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards

2 CFR part 400 – Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards

2 CFR part 415 – General Program Administrative Regulations

2 CFR part 416 –General Program Administrative Requirementsfor Grants and Cooperative Agreementsto State and Local

Governments

2 CFR part 418 – New Restrictions on Lobbying

2 CFR part 421 – Requirementsfor Drug-Free Workplace (Financial Assistance)

7 CFR part 1,subpart A – Official Records(Freedom of Information Act)

7 CFR part 1(b) – National Environmental Policy Act

7 CFR part 3 – Debt Management (OMB Circular No. A-129)

7 CFR part 15, subpart A – Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture—Effectuation

of Title VI of the Civil Rights Act of 1964

7 CFR part 331 and 9 CFR part 121—USDA implementation of the Agricultural Bioterrorism Protection Act of 2002

37 CFR part 401 – Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government

Grants, Contracts, and Cooperative Agreements

41 CFR §§ 301-10.131 to 301-10.143 – Use of United States Flag Air Carriers, which implementsthe Fly America Act (49

U.S.C. 40118). Formore information see http://www.gsa.gov/portal/content/103191.

48 CFR subpart 31.2 – Contracts with Commercial Organizations

8 U.S.C. § 1324a – Unlawful employment of aliens

29 U.S.C. § 794 – Nondiscrimination under Federal grants and programs
Updated: 1/2022

41 U.S.C. § 22 – Interest of Member of Congress

41 U.S.C. § 4712 – Pilot program for enhancement of contractor protection from reprisal for disclosure of certain

information

44 U.S.C. § 3541 et seq. (Pub. L. No. 107-347) – Federal Information System Security Management Act of 2002 (FISMA)

E.O. 13166, Improving Accessto Servicesfor Persons with Limited English Proficiency, take reasonable stepsto ensure that

LEP persons have meaningful access to programs in accordance with LEP Implementation Strategy for AMS’ FederallyAssisted Programs.

Motor Vehicle Safety – Highway Safety Act of 1966, as amended (23 U.S.C.§§ 402 & 403); Government Organization and

Employees Act, as amended (5 U.S.C. § 7902 (c)); Occupational Safety and Health Act of 1970, as amended (29 U.S.C. §

668); Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 101, et seq.); Increasing Seat Belt

Use in the United States (E.O. 13043); Federal Leadership on Reducing Text Messaging While Driving (E.O. 13513)

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, Pub. L. 

No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax

delinquencies