HomeMy WebLinkAbout20102694.tiff State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As
Amended
As of 10-15-10
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or
exhibits incorporated into and made a part of the contract, the provisions of these Supplemental
Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology Transfer Act
of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the
award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section
1512 of the American Recovery and Reinvestment Act(ARRA)of 2009 (Public Law
111-5).
1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity
must enter the information required under the Transparency Act,which may be found at
http://www.bon.ciov/ccr.
1.3. "Contract" means the contract to which these Supplemental Provisions are attached and
includes all Award types in §1.1.1 through 1.1.11 above.
1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.5. "Data Universal Numbering System (DUNS) Number" means the nine-digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
"" Page I of .DAccna
1l -to I 1/-/0-/D 2010-2694
Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.6.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.6.2. A foreign public entity;
1.6.3. A domestic or foreign non-profit organization;
1.6.4. A domestic or foreign for-profit organization; and
1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.7. "Executive" means an officer, managing partner or any other employee in a management
position.
1.8. "Federal Award Identification Number(FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by§6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the"Transparency Act."
1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
1.11. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.12. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or
Subaward to a non-Federal Entity)receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term"Subrecipient" includes
and may be referred to as Subgrantee.
1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit
Data Universal Numbering System (DUNS) number that appears in the subrecipient's Central
Contractor Registration (CCR) profile, if applicable.
1.14. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from
the relevant Federal or State of Colorado agency or institution of higher education.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance,termination payments, value of life insurance paid on behalf of the
employee, perquisites or property)for the Executive exceeds$10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
Page 2 of 4
(Public Law 109-282), as amended by§6202 of Public Law 110-252. The Transparency Act
also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions.Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument.The State of
Colorado may provide written notification to Contractor of such revisions, but such notice shall not be
a condition precedent to the effectiveness of such revisions.
3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS)
Requirements.
3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update the CCR information at least annually after the
initial registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun &Bradstreet, Inc. at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is$25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80%or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to
the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)or§ 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in
§7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the Contract price. The
reporting requirements in §7 below are based on guidance from the US Office of Management and
Budget(OMB), and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental
provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to
new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below
$25,000 but subsequent Award modifications result in a total Award of$25,000 or more, the Award is
Page 3 of 4
subject to the reporting requirements as of the date the Award exceeds$25,000. If the initial Award
is$25,000 or more, but funding is subsequently de-obligated such that the total award amount falls
below$25,000, the Award shall continue to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as
set forth below.
7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR
for each Federal Award Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip +4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date
of the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in CCR.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code+4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates"Award"
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior
written notice if the default remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Contract, at law or in equity.
Page 4 of 4
[DIVISION OF CRIMINAL JUSTICES
I, Douglas Rademacher , hereby certify that I have received and
accept the terms contained in the Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to The Federal Funding
Accountability and Transparency Act of 2006 (FFATA), as amended as of
10-15-10. I understand that these Supplemental Provisions will be maintained
with the Statement of Grant Award (SOGA) in my grant file at my agency.
AIGNATU E of Authorized Official
Douglas Rademacher NOV 1 O 2010
Chair, Board of County Commissioners, Weld County
Print Name & Title of Authorized Official Date Signed
29-VW-19-48
DCJ Subgrant Number
DCJ I Supplemental FFATA Provision Certification
Donna Bechler
From: JoAnn Holden
Sent: Monday, November 08, 2010 8:49 AM
To: Donna Bechler; JoAnn Holden
Subject: Required Additional Supplemental Certification for 2011 VOCA and VAWA grant recipients
Attachments: FFATAProvisions_10-15-10.pdf; FFATA-Certification OVP Supplemental FFATA provisions
october_15 2010.doc
Donna, Would you see if Doug Rademacher will sign this additional form from the feds or if this needs to be put on an
agenda.
Thanks.
JoAnn Holden
Director of Victim Services
Weld County District Attorney's Office
970 356-4010 X4747
jholdenco.weld.co.us
From: Lee Hettema Imailto:Lee.Hettema@cdgs.state.co.usl
Sent: Thursday, October 28, 2010 4:49 PM
To: Lee Hettema
Subject: FW: Required Additional Supplemental Certification for 2011 VOCA and VAWA grant recipients
Subject: Required Additional Supplemental Certification for 2011 VOCA and VAWA grant recipients
Dear 2011 VOCA and VAWA Grant Recipients—
The Colorado Division of Criminal Justice (DC1) is now required to report information on federal grant awards and
contracts pursuant to the Federal Funding Accountability and Transparency Act (FFATA) of 2006. As a result, the Office
of the State Controller is now requiring that Supplemental Provisions for FFATA are included in ALL contracts, grants, and
purchase orders funded, in whole or in part, with federal funds.
Please immediately review the attached Supplemental Provisions and the Certification Form. The Authorized Official on
your grant must sign the Certification Form and return it to DC. By signing the Certification Form, your agency agrees
to abide by the Supplemental Provisions, including:
• Obtaining a DUNS numbers for your agency and
• Maintaining a current registration in the Central Contractor Registration (CCR) database.
Important Note: Cash requests will be held until this Certification Form is completed and returned to DCJ.
Please contact your grant manager at DO if you have questions.
VOCA and VAWA Grant Management Staff
Division of Criminal Justice
Office for Victims Programs
1
303 239-5719
888 282-1080 (Toll Free outside of Denver)
Under Colorado's Open Records Act(CORA), all e-mails sent by or to me on this state-owned e-mail account may be
subject to public disclosure.
2
Doug
This is additional information requested for the DG Domestic Violence grant previously awarded to
Weld County in the amount of$68,798. This is a change in information requested. It would be
appropriate for you to sign these documents.
Thanks,
Monica
Hello