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Prograrnflechnical Contact . Payments will be withheld until all required documentation is submitted and complete . <br /> 22 . Ensure that information in the System for Award Management (SAM ) is current and accurate until the final Federal <br /> Financial Report (form SF425 ) under this award or final payment is received , whichever is later. Payments will not be <br /> processed during the time the SAM registration is expired . Processing will only occur when the SAM registration is <br /> active . <br /> 23 . Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the <br /> contract(s ) awarded under this agreement . This includes , but is not limited to , disputes , claims , protests of award , source <br /> evaluation , and litigation that may result from the project . Such actions will be at the expense of the Sponsor, including <br /> any legal expenses . The Sponsor will advise , consult with , and obtain prior written occurrence of NRCS on any litigation <br /> matters in which NRCS could have a financial interest . <br /> 24 . Must indemnify and hold NRCS harmless to the extent permitted by State law for any costs , damages , claims , <br /> liabilities , and judgements arising from past , present, and future acts or omissions of the Sponsor in connection with its <br /> acquisition and management of the EWP program pursuant to this agreement . Further, the Sponsor agrees that NRCS <br /> will have no responsibility for acts and omissions of the Sponsor, its agents , successors , assigns , employees , <br /> contractors , or lessees in connection with the acquisition and management of the EWP program pursuant to this <br /> agreement that result in violation of any laws and regulations that are now or that may in the future become applicable . <br /> 25 . Retain all records dealing with the award and administration of the contract(s ) for three years from the date of the <br /> Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved , whichever is <br /> longer. If any litigation is started before the expiration of the three-year period , records are to the retained until the <br /> litigation is resolved or the end of the three-year period , whichever is longer. Make such records available to the <br /> Comptroller General of the United States or his or her duly authorized representative and accredited representatives of <br /> the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination , excerpts , and <br /> transcriptions . <br /> 26 . Submit reports to the ezFedGrants system or the Farm Production and Conservation ( FPAC ) Grants and <br /> Agreements Division via email to FPAC . BC . GAD@usda .gov as outlined in the applicable version of the General Terms <br /> and Conditions . <br /> FPAC Performance Reports : semi -annually <br /> FPAC Financial Reports (form SF425 ) : semi-annually <br /> NRCS RESPONSIBILITIES <br /> 1 . For sites requiring contracted planning and engineering services , assist Sponsor in establishing design requirements <br /> and parameters . Determine eligible construction costs during the pre-design conference . <br /> 2 . Designate a Government Representative to serve as liaison with the Sponsor, verify and document all work completed <br /> prior to payment requests , and identify that person 's contact information with this fully signed and executed agreement . <br /> 3 . For contracted planning and engineering services , review, comment , and concur in preliminary and final design <br /> reports , plans , construction specifications , Operation and Maintenance (O& M ) Plan , Plan of Operations (if required ) , and <br /> Quality Assurance Plan (QAP) . <br /> 4 . Make periodic site visits during the installation of the EWP program project measures to review construction progress , <br /> document conformance to engineering plans and specifications , and provide any necessary clarification on the <br /> Sponsor' s responsibilities . <br /> 5 . Upon notification of the completion of the EWP program project measures , NRCS shall promptly review the <br /> performance of the Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have <br /> been met . <br /> 6 . Make payment to the Sponsor covering the NRCS share of the cost upon receipt and approval of form SF-270 and <br /> supporting documentation including NRCS Government Representative verification and documentation . In the event <br /> there are questions regarding the payment request package , NRCS will contact the Sponsor in a timely manner to <br /> resolve concerns . <br /> SPECIAL PROVISIONS <br /> 1 . The furnishing of financial , administrative , and/or technical assistance above the original funding amount by NRCS is <br /> contingent on there being sufficient unobligated and uncommitted funding in the EWP program that is available for <br /> obligation in the year in which the assistance will be provided . NRCS may not make commitments in excess of funds <br /> Page 6 of 10 <br />