20 C.F.R. § 641.440 What are the responsibility conditions that an applicant must meet?
Title 20 - Employees' Benefits
Each applicant must meet each of the listed responsibility “tests” by not having committed any of the acts of misfeasance or malfeasance described in §641.440(a)–(n) of this section. (a) The Department has been unable to recover a debt from the applicant, whether incurred by the applicant or by one of its subgrantees or subcontractors, or the applicant has failed to comply with a debt repayment plan to which it agreed. In this context, a debt is established by final agency action, followed by three demand letters to the applicant, without payment in full by the applicant. (b) Established fraud or criminal activity of a significant nature within the applicant's organization. (c) Serious administrative deficiencies identified by the Department, such as failure to maintain a financial management system as required by Federal regulations. (d) Willful obstruction of the auditing or monitoring process. (e) Failure to provide services to applicants as agreed to in a current or recent grant or to meet applicable performance measures. (f) Failure to correct deficiencies brought to the grantee's attention in writing as a result of monitoring activities, reviews, assessments, or other activities. (g) Failure to return a grant closeout package or outstanding advances within 90 days after the grant expiration date or receipt of closeout package, whichever is later, unless an extension has been requested and granted. (h) Failure to submit required reports. (i) Failure to properly report and dispose of Government property as instructed by the Department. (j) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. (k) Failure to ensure that a subgrantee complies with applicable audit requirements, including OMB Circular A–133 audit requirements specified at 20 CFR 667.200(b) and §641.821. (l) Failure to audit a subgrantee within the period required under §641.821. (m) Final disallowed costs in excess of five percent of the grant or contract award if, in the judgment of the Grant Officer, the disallowances are egregious findings. (n) Failure to establish a mechanism to resolve a subgrantee's audit in a timely fashion.
Title 20: Employees' Benefits
PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Subpart D—Grant Application, Eligibility, and Award Requirements
§ 641.440 What are the responsibility conditions that an applicant must meet?
