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Notes

32 C.F.R. §§ 34.51–34.53

3 sections in range

§34.51. Termination.

32 C.F.R. § 34.51

(a)
Awards may be terminated in whole or in part only in accordance with one of the following:
(1)
By the grants officer, if a recipient materially fails to comply with the terms and conditions of an award.
(2)
By the grants officer with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.
(3)
By the recipient upon sending to the grants officer written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. The recipient must provide such notice at least 30 calendar days prior to the effective date of the termination. However, if the grants officer determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, he or she may terminate the award in its entirety.
(b)
If costs are allowed under an award, the responsibilities of the recipient referred to in § 34.61(b), including those for property management as applicable, shall be considered in the termination of the award, and provision shall be made for continuing responsibilities of the recipient after termination, as appropriate.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

Source

Source: 63 FR 12204, Mar. 12, 1998, unless otherwise noted.

§34.52. Enforcement.

32 C.F.R. § 34.52

(a)
Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, the grants officer may, in addition to imposing any of the special conditions outlined in § 34.4, take one or more of the following actions, as appropriate in the circumstances:
(1)
Temporarily withhold cash payments pending correction of the deficiency by the recipient or more severe enforcement action by the grants officer and DoD Component.
(2)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
(3)
Wholly or partly suspend or terminate the current award. In the case of termination, the recipient will be reimbursed for allowable costs incurred prior to termination, with the possible exception of those for activities and actions described in paragraph (a)(2) of this section.
(4)
Withhold further awards for the project or program.
(5)
Take other remedies that may be legally available.
(b)
Hearings and appeals. In taking an enforcement action, the grants officer and DoD Component shall provide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute or regulation applicable to the action involved (see § 34.53 and 32 CFR 22.815).
(c)
Effects of suspension and termination. Costs of a recipient resulting from obligations incurred by the recipient during a suspension or after termination of an award are not allowable unless the grants officer expressly authorizes them in the notice of suspension or termination or subsequently. Other recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the costs:
(1)
Result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are noncancellable; and
(2)
Would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
(d)
Relationship to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude a recipient from being subject to debarment and suspension under 2 CFR part 1125.
Notes, amendments, and revision history

Amendments

[63 FR 12188, Mar. 12, 1998, as amended at 72 FR 34998, June 26, 2007]

Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

Source

Source: 63 FR 12204, Mar. 12, 1998, unless otherwise noted.

Amendments

[63 FR 12188, Mar. 12, 1998, as amended at 72 FR 34998, June 26, 2007]

§34.53. Disputes and appeals.

32 C.F.R. § 34.53

Recipients have the right to appeal certain decisions by grants officers. In resolving such issues, DoD policy is to use Alternative Dispute Resolution (ADR) techniques, to the maximum practicable extent. See 32 CFR 22.815 for standards for DoD Components' dispute resolution and formal, administrative appeal procedures.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

Source

Source: 63 FR 12204, Mar. 12, 1998, unless otherwise noted.