Fillable Form 9661 - Cooperative Agreement (Page 9 of 9) in pdf

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ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated

a prohibition in paragraph a.1 of this award term through conduct that is either--

(A) Associated with performance under this award; or

(B) Imputed to you or the sub-recipient 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 (Non-procurement),” as implemented by the Department

of Treasury at 31 CFR part 19.

b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally

terminate this award, without penalty, if a sub-recipient that is a private entity--

1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an

applicable prohibition in paragraph a.1 of this award term through conduct that is either--

i. Associated with performance under this award; or

ii. Imputed to the sub-recipient 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 (Non-procurement),” as implemented by the Department of Treasury at 31 CFR

part 19.

c. Provisions applicable to any recipient.

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

prohibition in paragraph a.1 of this award term.

2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.

7104(g)), and

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

3. You must include the requirements of paragraph a.1 of this award term in any sub-award you make to a private

entity.

d. Definitions. For purposes of this award term:

1. “Employee” means either:

i. An individual employed by you or a sub-recipient who is engaged in the performance of the project or

program under this award; or

ii. 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 services are contributed by

a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “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.

3. “Private entity”:

i. 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.

ii. Includes:

(A) A nonprofit organization, including any nonprofit 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.

4. “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).

9661

Catalog Number 20829N

Form

(Rev. 4-2015)

Form 9661 - Cooperative Agreement Page 9

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