Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 306 - Community Services Policy Manual for Title III Programs of the Older Americans Act › Manual of Fiscal Policies for Title III Programs of the Older Americans Act › Section 17a-306-39 - Close-out procedures

Current through July 10, 2024
This section describes the right of the Connecticut
				  Department on Aging in suspending, terminating or closing out grants, and the
				  handling of all assets and records.
(a)
Connecticut Department on Aging
				Right to Suspend or Terminate a Grant or Contract
(1) General
By suspension, the Connecticut Department on Aging means
				  temporary withdrawal of the grantee's authority to obligate grant funds pending
				  corrective action by the grantee/contractor or a decision to terminate the
				  grant/contract. By termination, the Connecticut Department on Aging means
				  permanent withdrawal of the grantee's/contractor's authority to obligate
				  previously awarded grant or contract funds before that authority would
				  otherwise expire. It also means the voluntary relinquishment of that authority
				  by the grantee. In the case of contractors, contractors may not voluntarily
				  relinquish a contract without the right of the Connecticut Department on Aging
				  to reprocure the goods or services and charge the original contractor for any
				  additional costs the Connecticut Department on Aging incurs by virtue of the
				  Contractor's decision to withdraw from the contract.
(2) Suspension
When a grantee or contractor has failed to comply with a
				  material requirement in the terms and conditions of the grant or contract, the
				  Connecticut Department on Aging shall, upon reasonable notice to the grantee or
				  contractor, suspend the grant or contract in whole or in part. The notice of
				  suspension will state the reasons for the suspension, any corrective action
				  required, and the effective date. Suspensions ordered by the Connecticut
				  Department on Aging shall remain in effect until the grantee or contractor has
				  taken satisfactory corrective action, or has presented satisfactory evidence
				  that such corrective action will be taken, or until termination of the grant or
				  contract.
Typical of matters that could be the basis of a suspension
				  are inadequacies in a grantee's or contractor's financial management system,
				  delays in completing the annual audit, failure to adequately monitor or follow
				  up its subgrantees, excessive delays in disbursing funds to a subrecipient,
				  thereby undermining its ability to perform, and similar temporary
				  problems.
(3) Termination
The Connecticut Department on Aging may terminate any grant
				  or contract in whole or in part at any time before the time of expiration, in
				  accordance with the provisions of the contract relating to termination, or
				  whenever it determines that the grantee or contractor has materially failed to
				  comply with the terms and conditions of the grant or contract. The Connecticut
				  Department on Aging will promptly notify the grantee or contractor in writing
				  of the determination and the reasons for the termination, together with the
				  effective date.
Termination on other grounds can include: by mutual consent
				  of the grantee or contractor and the Connecticut Department on Aging, or by
				  notice from the grantee or contractor, setting forth the reasons and effective
				  date of the termination. Matters over which the Connecticut Department on Aging
				  will consider the basis for a cancellation include:
(A) actual or potential for loss of life or
				limb;
(B) substantial and continued
				non-performance by the grantee or contractor for reasons within its
				control;
(C) inability or
				unwillingness by the grantee or contractor to fill key managerial positions,
				thereby undermining the capacity of the agency to meet its responsibilities
				under the grant;
(D) actual or
				significant potential loss of material amounts of funds thereby indicating the
				absence of an adequate structure of internal control;
(E) repeated suspensions for the same or
				similar deficiencies, etc.
In taking into consideration whether or not to terminate a
				  grant or contract for other than life-safety reasons, the record the
				  Connecticut Department on Aging compiles in notifying the grantee or contractor
				  in writing of material deficiencies, adequate opportunity given for improvement
				  and technical assistance offered, and the responsiveness and effectiveness of
				  the grantee's or contractor's corrective actions will weigh heavily in the
				  decision to terminate or not terminate.