2022-137-E-Health-Duke University - Charlene Wong-Federal awarding agency

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17 Revised 9/8/2021 debarment and suspension regulations implementing Executive Orders 12549 and 12689 at 2 CFR parts 180 and 376. These regulations restrict awards, subawards and contrac ts with certain parties that are debarred, suspended or otherwise excluded from or ine ligible for participation in Federal assistance programs or activities. 35. Termination. CMS may terminate this grant agreement, or any part hereof, if the Recipient materially fails to comply with the terms and conditions of this award, or provisions of law pertaining to agreement performance. Materially fails includes, but is not limited to, violation of the terms and conditions of the award; failure to perform award activities in a satisfactory manner; improper management or use of award funds; or fraud, waste, abuse, mismanagement, or criminal activity. In addition, CMS may terminate this award if the Recipient fails to provide the Government, upon request, with adequate written and signed assurances of future performance. CMS will promptly notify the Recipient in writing of such termination and the reasons for it, together with the effective date. Recipient may terminate this award as set forth in 45 CFR §75.372, Termination . 36. Bankruptcy. In the event the Recipient or one of its subrecipients enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Recipient agrees to provide written notice of the bankruptcy to the CMS Grants Management Specialist and CMS P roject Officer (PO). This written notice shall be furnished within five (5) days of the initiation of the proceedings r elating to bankruptcy filing and sent to the CMS Grants Management Specialist and PO. This notice shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, a copy of any and all of the legal pleadings, and a listing of Government grant and cooperative agreement number s and grant offices for all Government grants and cooperative agreements against which final payment has not been made. 37. Disposition of Federally Owned Property, Equipment, and Residual Unused Supplies . Upon completion (or early termination) of a project, Recipient must take a ppropriate disposition actions. Recipients of funding from CMS should proceed in accordanc e with the guidance provided within this term and condition. Recipient must complete and submit the SF-428-B Tangible Personal Property Report, Final Report (also see Standard Term and Condition #12, Reporting Requirements). The Tangible Personal Property Report (SF-428) is a standard form to be used by awarding agencies to collect information related to tangible personal property when re quired by a Federal financial assistance award. This form allows recipients to request specific disposition of federally-owned property and acquired equipment. This form also provides a means for calculating and transmitting appropriate compensation to CMS for residual unus ed supplies . As noted in 1.b of this report, if your agency is in possession of Federally-owned property or acquired equipment (defined as nonexpe ndable personal property with an acquisition cost of $5,000 or more under the award), you must also submit a SF-428-S, Supplemental Sheet , that lists and reports on all Federally-owned or acquired equipment under the specific grant or cooperative agreement award. If there is no tangible personal property to report, select “d.” in section 1 of the SF-428-B and indicate “none of the above.” Recipient must request specific disposition instructions from CMS if the Recipient has federally-owned property or if the following guidance is insufficient for the Recipient to properly complete dispos ition. DocuSign Envelope ID: 7832B0E4-F34E-430E-A3C2-1A6A14F29307