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

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20 Revised 9/8/2021 Government to obtain relief under any other federal statutes or regulations, or on account of any violation of this Agreement or any other provision of law. The Agreement sha ll not be construed to bind any Government agency except CMS, and this Agreement binds CMS only to the extent provided herein, unless prohibited by law. The failure by CMS to require performance of any provision shall not affect CMS’s right to require performance at any time thereafter, nor shall a waiver of any breach or default result in a waiver of the provision itself. 44. Records Retention. Financial records, supporting documents, statistical records, and all othe r non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Feder al aw ards that are renewed quarterly or annually, from the date of the submission of the quarter ly or annual financial report, respectively, as reported to the HHS awarding agency or pass -through entity in the case of a subrecipient. HHS awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are stated in 45 CFR §75.361. 45. FY 20 21 Appropriations Provision. U.S. Department of Health & Human Services (HHS) recipients must comply with all terms and conditions outlined in their grant award(s), including grant policy terms and conditions contained in applicable HHS Grants Policy Statements, and requirements imposed by program statutes and regulations, Exe cutive Orders, and HHS grant administration regulations, as applicable; as well as any requir ements or limitations in any applicable appropriations acts. This award is subject to the “Consolidated Appropriations Act, 2021” (Division H – Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 2021), see https://www.congress.gov/116/bills/hr133/BILLS- 116hr133enr.pdf . As is noted under Division H, Title II, General Provisions, Section 202, none of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II. This salary cap applies to direct salaries and to those salaries covered under indirect costs, also known as facilities and administrative (F & A) costs 6]. Please consult the following link to determine the applicable current salary cap: https://www.opm.gov/policy-data -oversight/pay- leave/salaries-wages/salary-tables/pdf/2021/EX.pdf. Recipients must review and comply with applicable General Provisions (see 201-239) included within the Appropriations Law for the Departme nt of Health and Human Services (HHS). Additionally, these provisions may apply to all recipients of HHS federal funding OR may apply directly to recipients of federal funding from one or more HHS agencies. These provisions are available via https://www.congress.gov/116/bills/hr133/BILLS- 116hr133enr.pdf . Refer to Division H, Title II, Department of Health and Human Services (Department of Health and Human Services Appropriations Act, 2021). 6 Per the HHS Grants Policy Statement, page II-39 (Salaries and Wages), “If there is a salary limitation, it does not apply to consultant payments or to contracts for routine goods and services, but it does apply to subrecipients (including consortium participants).” Though the salary limitation does not apply to consultant costs, recipient must still provide justification to include examples of typical market rates for this service in your area. DocuSign Envelope ID: 7832B0E4-F34E-430E-A3C2-1A6A14F29307