Terms & Conditions for Help America Vote College Program 

Poll Worker Grant Program Funding 

Contents 

1. Governing Authority & Purpose ........................................................................................................................ 2 

a. 2 CFR §200 Requirements ................................................................................................................................. 2 

2. General Terms and Conditions.......................................................................................................................... 2 

a. Explanation of Grant Award Notification Definitions ................................................................................... 2 

b. Administrative Requirements ....................................................................................................................... 5 

c. Payments and Financial Management.......................................................................................................... 6 

d. National Policy Requirements....................................................................................................................... 7 

e. Recipient Integrity and Performance .............................................................................................................. 12 

f. Award Monitoring and the Office of Inspector General ............................................................................. 13 

g. Conflicts of Interest..................................................................................................................................... 13 

h. Terminations Provisions.................................................................................................................................. 14 

i. Reporting Requirements ............................................................................................................................. 14 

j. Closeout Requirements .................................................................................................................................... 14 

1. Federal Awarding Agency, Program, or Federal Award Specific Terms & Conditions.................................... 16 
 

 

 

 

 

 

 

 

 

1. Governing Authority & 

Purpose 

The Help America Vote College Program (HAVCP) was established in 2004, and through fiscal year 

2009, distributed over $2.3 million to colleges and non-profits to recruit, train and support students 

serving as poll workers on Election Day. Additionally, in 2023, the EAC introduced the HAVCP Service 

Day Mini-Grant Program. This Mini-Grant Program is designed to stimulate community action on 

college campuses and increase the visibility of the EAC’s National Poll Worker Recruitment Day and 

Help America Vote Day. 

The purpose of this grant program is to: 1) Encourage students enrolled at institutions of higher 

education (including community colleges) to assist State and local governments in the administration 

of elections by serving as nonpartisan poll workers or assistants; 2) Encourage college students to 

become cognizant of the elections process and civic education, and to assist in the administration of 

elections in their community; and 

3) Encourage state and local governments to use the services of the students participating in the 

program. 

College Student means any individual enrolled either on a part-time or full-time basis in any 

undergraduate, graduate, or professional college accredited by an agency recognized by the U.S. 

Department of Education in the United States. 

a. 2 CFR §200 Requirements 

Award recipients and sub-recipients must adhere to all applicable federal requirements including 

Office of Management and Budget (OMB) guidance: Title 2 C.F.R. Subtitle A, Chapter II, Part 200-

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 

Awards (2 CFR §200). 

Section 209 of HAVA states that the EAC does not have the authority to issue any rule, promulgate 

any regulation, or take any other action which imposes any requirement on any state except to the 

extent permitted under a specific section of the National Voter Registration Act. The regulations at 2 

C.F.R. 200 are government-wide regulations for federal grants. They are not regulations issued or 

promulgated by the EAC. The EAC and its grantees are subject to these and other government-wide 

regulations. 

2. General Terms and Conditions 

a. Explanation of Grant Award Notification Definitions 

Assistance Listing Program Title: Categorical title language defined by CFDA 

Assistance Type: The method by which the award is provided, i.e., Grant, Cooperative Agreement, or 

Contract. 

Authorized Carryover: Carryover is the unspent balance of funds from prior budget periods that the 

recipient may request to use in the current budget period for unmet needs for the goals and 
 

 

 

 

 

 

 

objectives of the grant. 

Award Action Type: Identifies purpose of the document (i.e.: “New” award) 

Award Number: A unique, identifying number assigned by the EAC to each application. 

Award Type: The assistance category in which funding for this award is provided, i.e., 

DISCRETIONARY, FORMULA, or BLOCK. 

Budget Period Start Date/Budget Period End Date: The complete length of time the recipient is 

proposed to be funded to complete approved activities. 

Catalog of Federal Domestic Assistance Number/Assistance Listing Number (CFDA): Assistance 

listing detailing public descriptions of federal programs that provide grants, loans, scholarships, 

insurance, and other types of assistance awards. 

Chief State Election Officer: Designated top-level election official that signs and accepts grants on 

behalf of their entity. 

Congressional District of Recipient: Congressional District number related to physical address of 

grantee. Mark 

“n/a” for those which do not apply. 

Data Universal Number System (DUNS): A D&B DUNS number is a nine-digit number that is 

recognized as the universal standard to track businesses worldwide through Sam.gov The transition 

from DUNS to the Unique Entity Identifier in April 2022 eliminated use of DUNS, though previously 

made grants will refer to DUNS. 

Direct Cost Amount: Amount of expenses directly supporting the grant program. 

Employment Identification Number: An entity’s unique nine-digit number that identifies your 

business for tax purposes. 

FAIN: FAIN (Federal Award Identification Number) is the unique identifying number assigned to all 

federal finance awards. Since October of 2013, the Office of Management and Budget (OMB) has 

required all Federal Agencies to issue a FAIN for all financial assistance awards or grants. 

Federal Award Date: Date when the Federal award is signed by the authorized official of the 

Federal awarding agency. 

Federal Funds Amount: The dollar amount of Federal funds provided to a recipient during the award 

periods. 

Grantee: The legal name of the recipient or name of the primary organizational unit that was 

identified in the application, state plan or other documents required to be submitted for funding by 

the grant program. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

HAVA Coordinator: Typically, the lead contact within the state election office or Secretary of State 

office relied up on for executing the activities related to EAC grants. 

Improper Payment: (A) means any payment that should not have been made or that was made in 

an incorrect amount, including an overpayment or underpayment, under a statutory, contractual, 

administrative, or other legally applicable requirement; and (B) includes— (i) any payment to an 

ineligible recipient; (ii) any payment for an ineligible good or service; (iii) any duplicate payment; 

(iv) any payment for a good or service not received, except for those payments where authorized 

by law; and (v) any payment that does not account for credit for applicable discounts. 

Indirect Cost: The negotiated indirect cost rate agreement (NICRA) or the indirect cost allocation 

plan approved for the entity. The related amount in proportion to direct cost amount is listed on 

the NGA. 

Non-Federal Dollar Amount/Share (Cost Sharing or Matching): The funds that the recipient is 

required to contribute to the project, as defined by the program legislation or regulations and/or 

terms and conditions of the award. 

Non-Federal entity: Non-Federal entity means a state, local government, Indian tribe, institution of 

higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or 

subrecipient. 

Offset: Federal offset occurs when grant funds from the Federal government are withheld to settle 

a debt which the Federal government considers delinquent. 

Project Period Start Date/Project Period End Date: A specific interval of time for which Federal funds 

are being provided from a particular fiscal year to fund a recipient's approved activities and budget. 

The start and end dates of the budget period are shown in the NGA. 

Research & Development: If the award is made under a Research and Development program this 

identifier will alert the grantee to additional terms and conditions specific to R&D. 

Statutory Authority: The legislative action associated with the agency grant awards. 

Treatment of Program Income: EAC grantees may earn program income on HAVA awards as permitted 

in § 200.307. The chosen methodology to apply program income will be ‘Addition’ per EAC guidelines 

on the Federal Financial Report and related guidance. Grantees are permitted the use of two categorical 

options for applying their earned and expended program income dollars: Cost sharing (or matching) or 

within the Federal share of Expenditures. Grantees may choose where to apply the addition method of 

their program income (as match or federal expenses), however, grantees must remain consistent in 

chosen method of applying the amounts throughout the life of the grant. Should the grantee choose to 

apply earned and expended program income as match and subsequently produce over match, the EAC 

recognizes this as permissible. 

Terms and Conditions: Requirements of the award that are binding on the recipient. 

Unique Entity Identifier: A unique, identifying number assigned to each recipient for payment 

purposes. Entities doing business with the federal government use the Unique Entity ID created in 

SAM.gov. 
 

 

 

 

 

 

 

 

 

 

 

 

 

b. Administrative Requirements 

Award recipients and sub-recipients must adhere to all applicable federal requirements including 

Office of Management and Budget (OMB) guidance: Title 2 C.F.R. Subtitle A, Chapter II, Part 200-

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 

(2 CFR § 200). 

Registration of Unique Entity Identifier (UEI) Number and Taxpayer Identification Number (TIN) in the 

System for Award Management (SAM): 

(a) At the time of application, each applicant must have an active registration in the System for 

Award Management (SAM) before submitting its application in accordance with 2 CFR part 25, 

Universal Identifier and System for Award Management. To register in SAM, entities will be 

required to obtain and create a Unique Entity Identifier (UEI). Instructions for obtaining the UEI 

are available at https://sam.gov/content/entity-registration. 

(b) Each applicant must maintain an active SAM registration, with current, accurate, and 

complete information, at all times during which it has an active federal award or an application 

under consideration by a federal awarding agency. 

(c) Each applicant must ensure they complete the Financial Assistance General Representations 

and Certifications in SAM. 

(d) Applicants must provide a valid UEI in its application, unless determined exempt under 2 

CFR 25.110, Exceptions. 

(e) The Agency will not make an award until the applicant has complied with all SAM 

requirements including providing the UEI. If an applicant has not fully complied with the 

requirements by the time the Agency is ready to make an award, the Agency may determine 

that the applicant is not qualified to receive a federal award and use that determination as a 

basis for making a federal award to another applicant. 

Federal and EAC Grants Policy Related to Subgrants: Subgrants are allowable when determined as 

necessary, appropriate, and allocable expenses for HAVA awards. Federal grantees are responsible for 

ensuring that their subgrantees follow the requirements of their grants. It is incumbent upon the state 

to make determinations of allowability following the purposes of HAVA and the Cost Principles in 2 CFR 

§200.400. The grantee must ensure that no payments at the prime or subrecipient level are made that 

are improper. Grantees must provide the statutory definition of improper payment to subgrantees. The 

grantee is required to review subgrantee submitted reports for determining their accuracy, propriety, 

and appropriate use of grant funds. The monitoring of subgrantee compliance with grant program 

requirements and OMB cost principles is the grantee’s responsibility. Advance payments made to 

subgrants must be deposited in an interest-bearing account. That interest will be reported to the EAC in 

the FFR and used for HAVA activities. Grantees must also comply with rules set forth in FFATA for 

reporting on subgrantees. 

Federal Funding Accountability Transparency (FFATA): In accordance with 2 CFR Chapter 1, Part 170 

REPORTING SUB-AWARD AND EXECUTIVE COMPENSATION INFORMATION, Prime Awardees awarded a 

federal grant are required to file a FFATA sub-award report by the end of the month following the 

month in which the prime awardee awards any sub-grant equal to or greater than $30,000. The 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

reporting requirements are as follows: 

• This requirement is for both mandatory and discretionary grants awarded on or after October 1, 

2010. 

• All sub-award information must be reported by the prime awardee. 

• If the initial award is equal to or over $30,000, reporting of sub-award and executive 

compensation data is required. 

• If the initial award is below $30,000 but subsequent grant modifications result in a total award 

equal toor over $30,000, the award will be subject to the reporting requirements, as of the date 

the awardexceeds 

• $30,000. If the initial award equals or exceeds $30,000 but funding is subsequently de-obligated 

such that the total award amount falls below $30,000, the award continues to be subject to the 

reporting requirements of the Transparency Act and this Guidance. 

For more information, go to www.fsrs.gov. 

c. Payments and Financial Management 

Payments: HAVA authorizes grant funding on a discretionary, competitive basis for the Help 

America Vote College Program (HAVCP). 

EAC will authorize the Treasury Department to disburse funding identified in the agreement 

through the Payment Management System (PMS) to the applicant as an advance to be drawdown 

as expenses arise. Per 2 CFR §200, the timing and amount of advance payments must be as close as 

is administratively feasible to the actual disbursements by the non-Federal entity for direct program 

or project costs and the proportionate share of any allowable indirect costs. The non-Federal entity 

must make timely payment to contractors in accordance with the contract provisions. Grantees will 

be able to request payments as often as practical for their program. Cash and in-kind match 

expenditures require the same documentation as federal funds under 2 CFR §200. 

Prior Approval: To obtain prior approval you must contact the EAC Grants Office through written 

communication with budget and narrative justification via grants@eac.gov The following types of 

requests are examples of actions that require prior approval: 

• Significant redirection of funds (i.e., cumulative changes of 25% of total award) 

• Capital expenditure (expenditures to acquire capital assets or expenditures to make additions, 

improvements, modifications, replacements, rearrangements, reinstallations, renovations, or 

alterations to capital assets that materially increase their value or useful life.) 

• Major change to the deliverables or activities described in the application. 

Single Audit Requirements: Grant recipients that expend $750,000 or more in total Federal awards in 

a fiscal year must conduct a single or program-specific audit for that year in accordance with the Single 

Audit Act, as amended, 31 U.S.C. 7501, et seq., and 2 CFR §200, Subpart F. If the recipient expends 

Federal awards under only one Federal program, it may elect to have a program specific audit if it is 

otherwise eligible. A recipient that does not expend $750,000 in Federal awards is exempt from the 

audit requirements for that year. However, it must continue to conduct financial management reviews 

of its subrecipients, and its records and its subrecipients’ records must be available for review and 

audit in accordance with 2 CFR §§200.333-200.337 and §200.331(a)(5). Additionally, a recipient acting 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

as a pass-through entity must issue management decisions for audit findings pertaining to the Federal 

award provided to the subrecipient as required by 2 CFR §200.521 and conduct follow-up on audit 

findings in a timely manner to ensure that the subrecipient corrects any deficiencies identified in the 

audit. 

Payment Integrity Information Act (PIAA) of 2019: PIIA replaces previous legislation and is 

primarily intended to improve efforts to identify and reduce Governmentwide improper payments. 

Grantees are required to assess, prevent and identify Improper Payments. As defined in § 200.428 

“Collections of improper Payments” the undersigned is responsible for “the costs incurred by a nonFederal entity to recover improper payments are allowable as either direct or indirect costs, as 

appropriate. Amounts collected may be used by the non-Federal entity in accordance with cash 

management standards set forth in § 200.305.” 

Grantee must ensure that no payments either at the prime or subrecipient level are made that are 

improper as defined by the PIAA. 

Examples of improper payments include: 

• Incorrect amounts, overpayments, underpayments that are made to eligible subrecipients 

(including inappropriate denials of payment or service, any payment that does not account 

for credit forapplicable discounts, payments that are for the incorrect amount, and 

duplicate payments) 

• An improper payment includes any payment that was made to an ineligible subrecipient or 

for an ineligible good or service (as defined in the PIIA), or payments for goods or services 

not received(except for such payments authorized by law). 

• When a grantee’s review is unable to discern whether a payment was proper as a result of 

insufficient or lack of documentation, this payment must also be considered an improper 

payment. 

d. National Policy Requirements 

Human Trafficking Provisions: This award is subject to the requirements of Section 106(g) of 

the “Trafficking Victims Protection Act of 2000” (22 U.S.C.7104). The full text of this 

requirement is found athttp://www.acf.hhs.gov/grants/award-term-and-condition-fortrafficking-in-persons. 

The undersigned certifies to his or her understanding that this grant is subject to the requirements of 

Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) as 

follows: 

I. Provisions applicable to a recipient that is a private entity. 

A. You as the recipient, your employees, subrecipients under this award,and subrecipients' 

employees may not: 

1. Engage in severe forms of trafficking in persons during the period of time that theaward 

is in effect; or 

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

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

 

B. We as the federal awarding agency may unilaterally terminate this award, without penalty, 

if you or a subrecipient that is a private entity: 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Violates a prohibition in paragraph A of this award term; or 

2. Has an employee who violates a prohibition in paragraph A of this award term through conduct 

that is either: 

a. with performance under this award; or 

b. Imputed to you or the subrecipient using the standards and due process for imputing the 

conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB 

guidelines to Agencies on Government-wide Debarment and Suspension 

(Nonprocurement)”. 

II. Provisions applicable to a recipient other than a private entity. We as the Federal awarding 

agency may unilaterally terminate this award, without penalty, if a subrecipient that is not a 

private entity– 

A. Is determined to have violated an applicable prohibition of paragraph I.A of this award term;or 

B. Has an employee who is determined by the agency official authorized to terminate the award to 

have violated an applicable prohibition in paragraph I.A of this award term through conduct that is – 

1. Associated with performance under this award; or 

2. Imputed to you using the standards and due process for imputing conduct of an individual to an 

organization that are provided in 2 CFR Part 180, “OMB 12 Guidelines to Agencies on 

Government- wide Debarment and Suspension (Nonprocurement),” as implemented by our 

agency at 2 CFR Part 2200. 

III. Provisions applicable to any recipient. 

A. You must inform us immediately of any information you receive from any source alleging a violation 

of a prohibition in paragraph I A of this award term. 

B. Our right to terminate unilaterally that is described in paragraph (1) and (2) of thissection: 

1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended 

(22 U.S.C. 7104(g)), and 

2. Is in addition to all other remedies for noncompliance that are available to us under this award. 

C. You must include the requirements of paragraph I A of this award term in any subaward you make 

to a private entity. 

IV. Definitions. For purposes of this award term: 

A. “Employee” means either: 

1. An individual employed by you or a subrecipient who is engaged in the performance of the 

project or program under this award; or 

2. Another person engaged in the performance of the project or program under this award and 

not compensated by you including, but not limited to, a volunteer or individual whose service 

are contributed by a third party as an in-kind contribution toward cost sharing or matching 

requirements. 

B. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

transportation, provision, or obtaining of a person for labor or services, through the use of force, 

fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, 

or slavery. 

C. “Private entity”: 

1. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as 

those terms are defined in 2 CFR §175.25. 

2. Includes: 

a. A nonprofit organization, including any non-profit institution of higher education, hospital, 

or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 

175.25(b). 

b. A for-profit organization. d. “Severe forms of trafficking in persons,”“commercial sex act,” 

and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 

§ 7102) 

FY19 National Defense Authorization Act (NDAA) Section 889 and subsequent regulation 2 CFR 

§200.216: Section 889 prohibits grantees from using Federal funds to procure or obtain 

telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any 

subsidiary or affiliate of such entities). Additionally, 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) that is used for the purpose of 

public safety, security of 16 government facilities, physical security surveillance of critical infrastructure, 

and other national security purposes is covered equipment under Section 889. 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

The prohibited telecommunications equipment is telecommunications equipment produced by Huawei 

Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Additionally, 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) that is used for the purpose of public safety, security of 16 government facilities, 

physical security surveillance of critical infrastructure, and other national security purposes is covered 

equipment under Section 889. 

Whistleblower Protection Act: This award and employees working on this award will be subject to the 

whistleblower rights and remedies within established 41 U.S.C. 4712 by section 828 of the National Defense 

Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) as found here: 

https://www.law.cornell.edu/uscode/text/41/4712 

An employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not 

be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body 

described in paragraph (2) information that the employee reasonably believes is evidence of gross 

mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority 

relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a 

violation of law, rule, or regulation related to a Federal contract (including the competition for or 

negotiation of a contract) or grant. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

This award and employees working on this award will be subject to the whistleblower rights and remedies 

within established 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 

2013 (Pub. L. 112-239) as found here: https://www.law.cornell.edu/uscode/text/41/4712 

An employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not 

be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body 

described in paragraph (2) information that the employee reasonably believes is evidence of gross 

mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority 

relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a 

violation of law, rule, or regulation related to a Federal contract (including the competition for or 

negotiation of a contract) or grant. 

Drug-Free Workplace Requirement: Grantee must establish drug-free workplace policies and procedures 

consistent with the guidance per 2 C.F.R. § 182.200. 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

Grantee must establish drug-free workplace policies and procedures consistent with the guidance per 2 

C.F.R. § 182.200. 

Debarment & Suspension (Nonprocurement): Grantee must establish and abide by the guidance set forth 

in subpart C of 2 C.F.R. Part 180, including lower tier covered transactions. 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

Grantee must establish and abide by the guidance set forth in subpart C of 2 C.F.R. Part 180, including lower 

tier covered transactions. 

Prohibition of Text Messaging and Emailing While Driving During Official Federal Grant Business: 

Grantees, sub recipients, and their grant personnel are prohibited from text messaging while driving a 

government owned vehicle, or while driving their own privately-owned vehicle during official grant 

business, of from using government supplied electronic equipment to text message or email when driving. 

This compliance is mandatory under the Executive Order 13513, “Federal Leadership on 

Reducing Text messaging While Driving” October 1, 2009. 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

Grantees, sub recipients, and their grant personnel are prohibited from text messaging while driving a 

government owned vehicle, or while driving their own privately-owned vehicle during official grant 

business, of from using government supplied electronic equipment to text message or email when 

driving. This compliance is mandatory under the Executive Order 13513, “Federal Leadership on 

Reducing Text messaging While Driving” October 1, 2009. 

Lobbying Disclosure Act [Pub. L. 104-65, December 19, 1995 and 2 U.S.C. 1601, et. seq.]: The undersigned 

certifies, to the best of his or her knowledge and belief, that: 

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to 

any person for influencing or attempting to influence an officer or employee of an agency, a 

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

in connection with the awarding of any Federal contract, the making of any Federal grant, the 

making of any Federal loan, the entering into of any cooperative agreement, and the extension, 

continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or 

cooperative agreement. 

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for 

influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 

an officer or employee of Congress, or an employee of a Member of Congress in connectionwith 

this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and 

submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. 

3. The undersigned shall require that the language of this certification be included in the award 

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under 

grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose 

accordingly. This certification is a material representation of fact upon which reliance was placed 

when this transaction was made or entered into. Submission of this certification is a prerequisite for 

making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person 

who fails to file the required certification shall be subject to a civil penalty of not lessthan $10,000 

and not more than $100,000 for each such failure. 

e. Recipient Integrity and Performance 

Reporting of Matters Related to Recipient Integrity and Performance: As outlined in 2 CFR §200 

Appendix XII, grantors are to review and consider any information about applicants that is within the 

Federal Awardee Performance and Integrity Information System (FAPIIS). To facilitate this review, 

grantees must maintain their active status in SAM.gov. FAPIIS provides confirmation of recipient 

noncompliance regarding any civil, criminal, or administrative proceedings as defined in 2CRF 200 

Paragraph 2 of Appendix XII. This statutory requirement is further defined under section 872 of Public 

Law 110-417, as amended (41 U.S.C. 2313). 

Proceedings About Which You Must Report 

Submit the information required about each proceeding that: 

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

contract from the Federal Government; 

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

c. Is one of the following: 

(1) A criminal proceeding that resulted in a conviction; 

(2) 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; 

(3) 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 ofeither a monetary fine or penalty of 

$5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 

(4) Any other criminal, civil, or administrative proceeding if: 

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

award term and condition; 

(ii) It had a different disposition arrived at by consent or compromise withan 

acknowledgment of fault on your part; and 

(iii) The requirement in this award term and condition to disclose information aboutthe 

proceeding does not conflict with applicable laws and regulations. 
 

 

 

 

 

 

 

 

 

 

 

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. 

Reporting Frequency 

During any period of time when you are subject to the 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 to 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. 

f. Award Monitoring and the Office of Inspector General 

EAC Grantee Audit Selection and the Office of Inspector General: Under the IG Act, the OIG is 

authorized to conduct audits, inspections, and evaluations of the EAC and its programs. These include 

annual audits of the EAC’s financial statements as well as periodic audits of recipients of Federal funds 

distributed by the EAC. 

In addition, the OIG receives and investigates complaints of fraud, waste, abuse, and mismanagement in 

EAC programs or by EAC grant recipients. The OIG maintains an online complaint submission form. 

Complaints are taken from EAC employees, EAC grant recipients and any member of the public. Persons 

making complaints can do so confidentially. Their names will not be released by the OIG without their 

consent unless the Inspector General determines that it is necessary to do so in the course of the 

investigation or audit. If presented with information regarding fraud, waste, abuse, or mismanagement of 

EAC programs or of funding distributed by EAC, complaints may be filed by navigating here: 

https://www.eac.gov/inspector-general/file-a-complaint 

Site visit: EAC may make site visits to review and evaluate recipient records, accomplishments, 

organizational procedures, and financial control systems; to conduct interviews; and toprovide 

technical assistance as necessary. 

Desk review: EAC may conduct desk reviews to make limited verifications of recipient compliance with 

the terms of their award, conduct a review of the recipient’s general management practices, and 

identify any practice or procedure that may require further scrutiny. 

Responding to information requests: Pursuant to 2 CFR §200.336, EAC may request documentation from 

recipients to monitor the award or to comply with other legal requirements. Failure to make timely 

responses to such requests may result in award funds being placed on temporary manual hold, 

reimbursement only, or other remedies as appropriate. 

g. Conflicts of Interest 

Defined in 2 CRF 200 Sections 200.112, the non-Federal entity must disclose in writing any potential 

conflict of interest to the EAC. 
 

 

 

 

 

 

 

 

 

 

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h. Terminations Provisions 

EAC may suspend or terminate this award in accordance with 2 CFR §200.339 and §200.340 (85 FR 

49506, 49559-60). In addition, a recipient may suspend or terminate assistance to one of its 

subrecipients in accordance with 2 CFR §200.339 and §200.340, provided that such action complies with 

2 CFR §200.341. 2 CFR §200.340(a)(2). EAC may initiate termination for cause, or when (based on new 

evidence) there is a significant question about the feasibility or effectiveness of the intended objective of 

the award. 

i. Reporting Requirements 

Recipients are required to provide federal financial reports (FFR) and progress reports (PR) semi-annually 

through EAC’s web-based grants management system. All reports must be accurate, complete, and 

submitted on time. 

In addition, at the end of the award period, a grantee must submit final financial and progress reports that 

are cumulative over the entire award period and consistent with close-out requirements. The final reports 

are due 120 days after the performance period ends. 

Once the grant is awarded, recipients will be expected to have in place data collection and data 

management policies, processes, and practices that provide assurance that they are reporting high quality 

performance measure data. Failure to submit accurate, complete, and timely required reports may affect 

the recipient’s ability to secure future EAC funding. Grantees must certify that submitted progress and 

financial reporting is true, complete, and accurate to the best of their knowledge for which they are aware 

that any false, fictitious, or fraudulent information may subject me to criminal, civil or administrative 

penalties. (U.S. Code, Title 18, section 1001). Grantee reporting must also be in accordance with 2 CFR 

200.420-475 and affirm that there are no improper payments. 

Financial (FFR) & Progress Report (PR) Dates Annual Semi Annual 

Reporting Period End Date September 30 March 31 

Report Submission Due Date December 29 April 30 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

Grantee must ensure that no payments either at the prime or subrecipient level are made that are 

improper as defined by the Payment Integrity Information Act of 2019. Improper payment reporting as a 

grantee reporting requirement including an affirmation that all costs are in accordance with 2 CFR 200.420-

475 and that there are no improper payments as defined in the PIIA. 

j. Closeout Requirements 

EAC will close grants for which a final Federal Financial Reports (FFR) and progress report have been 

submitted within 120 days of receipt of the reports. Two successfully close the grant, grantees are 

required to (1) submit the final FFR and Progress Report, and (2) provide a letter from the Chief State 

Election Office certifying specific closeout actions are complete. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certification Letter with an inventory list from the Chief State Election Official. 

As part of the closeout process, EAC needs to confirm the disposition of any equipment bought with grants 

funds that has a current fair market value over $5,000 and any unused supplies with a current aggregate 

fair market value over $5,000. In most cases, the equipment will continue to be used for election 

purposes after the grant ends. The certification letter must describe the disposition of equipment and 

supplies bought with grant funds and include an inventory of equipment bought with grant funds that has 

a current fair market value over $5,000. 

Submit the certification letter from your Chief State Election Official via email to Grants@eac.gov 

containing the following information: 

a. Equipment. A certification specifying the disposition of equipment purchased with grant funds. 

The certification should indicate the equipment will continue to be used by the agency for 

HAVA purposes; OR indicate the equipment will be used for other federally funded programs; 

OR indicate the equipment will not be used for HAVA or other federal purposes and request 

EAC guidance on disposition OR indicate that the equipment has been disposed of in 

accordance with state laws and procedures. (See below for a description of the inventory list 

that must accompany the letter). 

b. Unused Supplies. A certification specifying the disposition of unused supplies. The certification 

should indicate the state does not have any unused supplies with an aggregate current value 

over $5,000; or if the aggregate value is over $5,000, indicate it will continue to use the supplies 

for HAVA purposes; OR indicate it will transfer them to another non-federal entity for use by 

another federally funded program; OR request permission from EAC to transfer the unused 

supplies to another non-federal entity that does not manage a federally funded program. If the 

state has unused supplies with an aggregate fair market value that exceeds $5,000, attach an 

inventory of unused or residual supplies to the letter. If the state is requesting permission to 

transfer the unused supplies to another non-federal entity that does not manage a federally 

funded program, the certification must identify the entity to which the supplies would be 

transferred and describe the program for which the funds will be used. 

c. Equipment: Attach an equipment inventory list to the certification letter. The list only needs to 

include equipment with a current per unit fair market value of $5,000. Use your existing state 

equipment inventory list to prepare the list. 

Upon executing all requested information and documentation for close out of the award, EAC will issue 

written confirmation that the grant has formally closed. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Federal Awarding Agency, Program, or Federal Award Specific Terms 

& Conditions 

Match Requirements: Match requirements are described in the Notice of Availability of Funds, the 

Additional Terms in the Terms and Conditions, and the Notice of Grant Award. Specific amounts will be 

indicated along with timelines for identifying allowable match. State and local funds used for match must 

be different from funds used to meet matching requirements on any other HAVA or other federal grant. 

Record Retention: The grant record retention period for each grant payment starts on the day the 

grantee submits its final Federal Financial expenditure Report (FFR). 

The length of the retention period: 

(1) Except as otherwise provided, records must be retained for three years from the record retention 

starting date specified in the paragraph above. 

(2) If any litigation, claim, negotiation, audit, or other action involving the records has been started 

before the expiration of the 3-year period, the records must be retained until completion of the action 

and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is 

later. 

Indirect Cost Rate Agreements and Approval: If a grantee intends to claim indirect costs under the 

grant, the grantee must submit an indirect cost rate proposal to EAC (if not previously negotiated, 

authorized, and current). Additional EAC guidance may be provided by contacting grants@eac.gov 

Per 2 CFR §200.414 (f): Any non-Federal entity that does not have a current negotiated (including 

provisional) rate and had never had a negotiated rate, may elect to charge a de minimis rate of 10%of 

modified total direct costs (MTDC) which may be used indefinitely. No documentation is required to 

justify the 10% de minimis indirect cost rate. As described in § 200.403, costs must be consistently 

charged as either indirect or direct costs but may not be double charged or inconsistently charged as 

both. If chosen, this methodology once elected must be used consistently for all Federal awards until 

such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may 

apply to do at any time. 

Equipment Disposal: Equipment can be disposed of either collectively as a system or individuallyas 

components, as follows: 

Except as provided in § 200.312(b), or if the Federal awarding agency fails to provide requested 

disposition instructions within 120 days, items of equipment with a current per-unit fair market value in 

excess of $5,000 may be retained by the non-Federal entity or sold. The EAC is entitled to an amount 

calculated by multiplying the current market value or proceeds from sale by the Federal awarding 

agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the 

Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share 

$500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. 

In cases where the titleholder fails to take appropriate disposition actions, the EAC retains the right to 

direct grantees to take excess and disposition actions. 

Grantees can continue to use equipment purchased with HAVA funds for its original purpose for as long as 

needed, even if the EAC award used to purchase the equipment has been closed. Equipment may also be 

used for other federally supported activities currently or previously funded by a federal agency. 
 

 

 

 

 

 

 

 

 

Additionally, equipment can be traded-in for replacement equipment for the same purposes. 

Without prior approval from the EAC, equipment purchased with HAVA funds with a current per unit fair 

market value of less than $5,000, may be traded-in, sold or scrapped on an as needed basis with no further 

obligation to the EAC beyond recording disposition in the appropriate equipment inventory log. 

The final record retention period for equipment replacement or disposition begins on the date the 

grantee submits its final Federal Financial Report (FFR) to the EAC and continues for three years. For 

equipment replacement or disposal after the end of award period, the three-year record retention 

period begins from the time the equipment is traded-in or disposed of and continues for three additional 

years. 

Additional resources and practices outlining disposition of sensitive equipment will be provided by the 

EAC on an ongoing basis. 

Special Note for Safe Dispensation: States and local jurisdictions should take care to follow state 

equipment disposal policies and any additional guidelines for disposition of sensitive equipment such as 

cleansing of electronic devices, etc. 

The undersigned certifies, to the best of his or her knowledge and belief, that they will abide by the EAC’s 

Terms and Conditions outlined above, including the referenced requirements to other applicable 

regulations, provisions, policies and procedures. And that they are aware that any false, fictitious, or 

fraudulent information may subject me to criminal, civil or administrative penalties. (U.S. Code, Title 18, 

section 1001). 
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Organization 

Signature Date