12.2—What policies are financial assistance awards and subawards in the form of grants and cooperative agreements subject to?
(a)
All financial assistance awards and subawards, in the form of grants and cooperative agreements, in accordance with paragraph (b) of this section, are subject to subparts C, D, E, and F of this part, OMB Circulars A-102, “Grants and Cooperative Agreements with State and Local Governments,” A-110, “Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,” A-87, “Cost Principles for State and Local Governments,” A-21, “Cost Principles for Educational Institutions,” A-122, “Cost Principles for Non-Profit Organizations,” and A-133, “Audits of States, Local Governments, and Non-Profit Organizations.”
(b)
(1)
Governmental recipients and subrecipients are subject to subparts C, D, and E of this part, Circulars A-87 and A-133.
(2)
Institutions of higher education which are recipients or subrecipients are subject to subparts D, E, and F of this part, Circulars A-110, A-21, and A-133.
(3)
Non-profit organizations which are recipients or subrecipients are subject to subparts D, E, and F of this part, Circulars A-110, A-122, and A-133.
(c)
The circulars prescribed by this part published in the Federal Register are made a part of this regulation and include changes published in the Federal Register by OMB.
(d)
(1)
Federal ethics and conduct regulations contained in 5 CFR part 2635 implement Executive Order 12674, 3 CFR, 1989 Comp., p. 215 (as modified by Executive Order 12731, 3 CFR, 1990 Comp., p. 306), “Principles of Ethical Conduct for Government Officers and Employees,” by prohibiting employees from endorsing in an official capacity the proprietary products or processes of manufacturers or the services of commercial firms for advertising, publicity, or sales purposes. The Department's use of materials, products, or services does not constitute official endorsement.
(2)
The policy in paragraph (d)(1) of this section applies to a grant/cooperative agreement whose principal purpose is a partnership where the recipient/partner contributes resources to promote agency programs, publicize agency activities, assists in fundraising, or provides assistance to the agency. In the event that such a grant/cooperative agreement is awarded to a recipient, other than a State government, a local government, or a Federally-recognized Indian tribal government, and authorizes joint dissemination of information and promotion of activities being supported, the following provision shall be made a term and condition of the award:
Grant/Cooperative Agreement Provision
Recipient shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a product, service, or position which the recipient represents. No release of information relating to this award may state or imply that the Government approves of the recipient's work products, or considers the recipient's work product to be superior to other products or services.
All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer:
The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.
Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval.
A recipient further agrees to include this provision in a subaward to any subrecipient, except for a subaward to a State government, a local government, or to a Federally-recognized Indian tribal government.
(3)
Recipient requests for clearance of public releases will be reviewed using existing public information mechanisms through the appropriate Public Affairs Office and with consultation with the cognizant Ethics Officer.
(e)
(1)
What does Executive Order 13043, “Increasing Seat Belt Use in the United States,” dated April 16, 1997, do?
(A)
Adopt and enforce on-the-job seat belt use policies and programs for your employees when operating company-owned, rented, or personally owned vehicles.
(B)
Conduct education, awareness, and other appropriate programs for your employees about the importance of wearing seat belts and the consequences of not wearing them.
(i)
If a grant/cooperative agreement is being awarded by the bureau/office of the Department—The policy applies.
(3)
What terms and conditions will be incorporated into the grant/cooperative agreement or sub-award, if use of a specific provision is desired and general applicability to 43 CFR Part 12 is not used instead?
The Seat Belt Provision
Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.