Institutional Compliance Requirements
Table of Contents
I. General Institutional Requirements
1. Lobbying Restrictions and Reporting
2. Financial Conflict of Interest
8. Federal Debt - Nondelinguency
9. Institutional, Managerial, Financial Capability
12. Minority, Woman. and Disadvantaged Business Enterprises
II. Research Subject Protection
1. Radiological Materials Safety and Control
2. Hazardous Materials Management
2. Drug-Free Schools and Communities
6. Nondiscrimination/Affirmative Action
a. Race, Color, National Origin
c. Special Disabled and Vietnam Era Veteran
V. Type of Business/Place of Performance (Suggested Responses)
1. Insurance - Immunity from Tort Liability
3. Small Disadvantaged Business
The following list of Compliance Requirements is not exhaustive. These items represent areas of significant risk and/or areas that ISU is most often asked to provide assurance when applying for federal grants and contracts. Individual projects may incorporate regulations not listed here. It is the responsibility of the individuals directing projects and the appropriate offices within University administration to ensure all compliance requirements are being followed.
In order to assure the party(ies) signing on behalf of ISU that compliance requirements are being observed, at least once every two years, the Office of Sponsored Programs should coordinate a review of campus compliance with the certifications and inform the Chief Research Officer that the assurances and certifications may continue to be signed.
I. GENERAL INSTITUTIONAL REQUIREMENTS
Summary:
Most Federal granting agencies have adopted the common rule called "New Restrictions on Lobbying," published in the Federal Register on February 26, 1990 (55 FR 6736). Applicants for both Federal contracts and Federal grants over $100,000 must certify that no Federal funds were used to pay for lobbying activities. Any non-Federal funds so used, with certain exceptions, must be reported on "Standard Form LLL, Disclosure of Lobbying Activities" along with the application. In addition, OMB Circular A-21 mandates that the costs of lobbying activities cannot be charged directly or indirectly to Federally-sponsored projects.Reference: FAR 52.203-11; Federal grant application forms (e.g., NIH and NSF; OMB Circular A-21 Section 17, Executive Lobbying; Section 24, Lobbying; and Section K.2.b., Certificate of Indirect Costs. [See also A-21, Section J.1., Advertising and Public Relations Costs.]
Guidance: (a) The Office of Grants and Contracts should separately identify unallowable lobbying activity costs and exclude such costs from campus Federal indirect cost proposals and from expenditure reports on Federal awards. (b) The Chief Research Officer should enforce the University prohibition on the use of University funds (Federal and non-Federal) in efforts to secure earmarking of Federal appropriations for non-competitive awards to the University. (c) The Office of Sponsored Programs should provide notification to Principal Investigators and other campus officials concerning Federal lobbying restrictions and reporting requirements.
Reference: PHS and NSF grant application terms; SF424B-#3
Guidance: Implement the ISU "Investigator Significant Financial Disclosure Policy." At least annually, the Office of Sponsored Programs should review all funded investigators as well as investigators submitting to Federal Agencies to confirm that their annual disclosures have been filed and that the Federal Agencies are notified in cases where conflicts have been discovered. If the certification on SF424B-#3 is required, the Office of Sponsored Programs should solicit information from the Principal Investigator on whether he/she believes that performance of the service under a Federal contract may give the Principal Investigator an unfair advantage in competing for other government contracts, or that because of other activities or relationships the Principal Investigator is unable to render impartial advice or assistance to the government.
Summary: Scientific Misconduct (or Research Misconduct) means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research or in reporting research results. It does not include honest error or differences of opinion. Both NSF (Grant Policy Manual: Section 930) and PHS impose extensive procedural requirements on grantees for handling cases of alleged scientific misconduct, including, in the case of PHS, filing of an annual report in addition to certifications on each grant proposal.
Reference: 42 CFR 93.103; PHS grant application form; NSF Grant Policy Manual: Section 930
Guidance: The Office of Sponsored Programs submits the annual report on misconduct on Form 6349 to the Office of Research Integrity. At least once every two years the Office of Sponsored Programs should review the Institutional Policy for conformance with 42 CFR 93 and confirm that misconduct inquiries and investigations (if any) were conducted in compliance with local guidelines. Principal Investigators should be informed of the importance of accuracy in the statement of work submitted with the proposal, and expected standards for the conduct of research.
Reference: FAR 52.209-05; Federal grant application forms (e.g., PHS and NSF)
Guidance: The Institutional "Routing Form for Proposals and Contracts" (maintained by the Office of Sponsored Programs) for any Federal grant application, or any Federal contract proposal over $25,000, should verify that the Principal Investigator: (a) has not been debarred or otherwise declared ineligible to receive Federal awards; and (b) has not, within the previous three years, been charged with committing an action that may be a cause for debarment. Actions that may be cause for debarment include: (i) commission of fraud or a criminal offense in connection with obtaining or performing a public contract or subcontract; and (ii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property. The Office of Grants and Contracts should notify the Office of Sponsored Programs if at any time the Institution is notified that it is debarred or otherwise declared ineligible to receive Federal awards.
Reference: FAR 52.203-5
Guidance: Office of Sponsored Programs should obtain relevant information from the Principal Investigator before completing this certification.
Summary: In proposals for contracts over $100,000, the University should certify whether the offeror has any knowledge of a violation or possible violation of the "procurement integrity" sections of the Office of Federal Procurement Policy Act (41 USC 423, Procurement Integrity).
Reference: 41 USC 423, Procurement Integrity
Guidance: When a contract in excess of $100,000 is being negotiated, the Office of Sponsored Programs should verify that the offeror has not violated the "procurement integrity" sections of the Office of Federal Procurement Policy Act
Reference: FAR 52.203-7
Guidance: For any Federal contract proposal over $100,000, the Office of Sponsored Programs should ask the Principal Investigator whether he/she has offered any gift, discussed any job offer, or solicited any proprietary or source selection information from a Federal official if that official is involved in awarding the contract to the University for which the proposal is submitted.
Summary: Certify whether the applicant is delinquent on any Federal debt at the time of application.
Reference: Federal grant application forms (e.g., PHS)
Guidance: The Office of Grants and Contracts should notify the Office of Sponsored Programs if it becomes aware of any disallowance of costs on Federal grants to the campus that have been settled in favor of the government but have not been paid and are not in the process of being paid.
Summary: Certify that the applicant has the legal authority and the managerial and financial capability to conduct and complete the project; that it will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; and that it will cause to be performed any required audits. In solicitations for individual contracts over $500,000, complete the Certificate of Disclosure Statement Due Date for Cost Accounting Standards (See 9903.202-9).
Reference: FAR 52.230-01
Guidance: (Reviewed by the Office of Grants and Contracts) The University should comply with audit requirements mandated by OMB Circular A-133, and maintain accounting and other business systems in accordance with the University policy and procedures. The University should implement any University-accepted auditor recommendations arising out of the campus A-133 audit dealing with internal controls.
Summary: “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a et seq.).
Reference: 41 U.S.C. 10a et seq. and FAR 25.1
Guidance: The "Buy America Act" is often incorporated in contracts issued under FAR. The Office of Sponsored Programs will alert Principal Investigators when it is anticipated that Buy America requirements will be imposed. When contracts are received that incorporate Buy America requirements, the Office of Grants and Contracts will notify the Principal Investigator and Purchasing and Central Receiving that they must ensure that the requirements are being followed.
Summary: The Fly America Act requires that under most circumstances, foreign air travel funded with Federal dollars be performed on U.S. flag air carriers.
Reference: 41 CFR 301-10.131-143
Guidance: The recipients of federal assistance are required to observe the Fly America Act. The Office of Sponsored Programs will alert Principal Investigators when it is anticipated that Fly America requirements will be imposed. When contracts are received that incorporate Fly America requirements, the Office of Grants and Contracts will notify the Principal Investigator to ensure that the requirements are being followed.
12. Minority, Woman, and Disadvantaged Business Enterprises
Summary: The policies of some
Federal and State Agencies include requirements to assure that minority business
enterprises (MBE), woman business enterprises (WBE), and disadvantaged business
enterprises (DBE) are given the opportunity
to participate in contract and procurement for supplies, construction, equipment
and services under grants, contracts, and cooperative agreements.
Reference: U.S. Environmental Protection Agency and Indiana Department of Transportation (MBE/WBE) and Indiana Department of Transportation (DBE)
Guidance: As a part of Indiana State University's ongoing effort to provide opportunities to Minority, Woman, and Disadvantaged Business Enterprises, Purchasing and Central Receiving actively solicits bids from Minority, Woman, and Disadvantaged Business Enterprise vendors.
Reference: FAR 52.227-07
Guidance: If the funding agency notifies the offeror that the above situation is the case, the offeror must state whether it is the owner of or licensee under the patent.
Reference: FAR 52.227-15
Guidance: After obtaining confirmation from the Principal Investigator, the Office of Sponsored Programs should check the appropriate box on the certification whether any of the data or computer software to be delivered under the contract will be delivered with limited or restricted rights, and identify any such data or software. If no notification is given to the government that any of the data or software to be delivered will be submitted with limited or restricted rights, then the government will obtain unlimited rights in any data or software delivered.
II. RESEARCH SUBJECT PROTECTION
Summary: Applicants for Federal financial assistance for work involving human subjects must certify that they will comply with applicable agency rules for protection of such subjects. Most Federal agencies have adopted the common rule called "Federal Policy for the Protection of Human Subjects," published in the Federal Register on June 18, 1991 (58 FR 28001). The Department of Health and Human Services' codification of this common rule is at 45 CFR 46. In addition, Federally-funded research protocols involving human subjects must be reviewed by a campus Institutional Review Board (IRB). The operating procedures and composition of an IRB must conform to the campus "Assurance of Compliance" as approved by DHHS.
Reference: 45 CFR 46.
Guidance: (a) All proposals involving the use of human subjects in research must be reviewed by the IRB. (b) At least once every two years, the IRB should review the "Indiana State University Policies and Procedures for the Review of Research Involving Human Subjects" for conformance with 45 CFR 46.
Summary: Applicants for financial assistance for work involving live, vertebrate animals must certify that they will comply with all applicable State and Federal regulations. The principal Federal regulations are contained in Public Health Service Policy on Humane Care and Use of Laboratory Animals, which in effect requires that all research protocols involving such animals be reviewed by a campus Institutional Animal Care and Use Committee (IACUC) and that the institution use the NIH Guide for the Care and Use of Laboratory Animals as a basis for developing and implementing an institutional animal care and use program. The operating procedures and composition of an IACUC must conform to the campus "Animal Welfare Assurance" as approved by the National Institutes of Health (NIH).
Reference: Grant application forms (e.g., PHS); NIH Guide for the Care and Use of Laboratory Animals
Guidance: (a) All proposals involving use of live, vertebrate animals must be reviewed by ISU's IACUC. (b) At least once every two years, the IACUC should review relevant procedures for conformance with the NIH Guide for the Care and Use of Laboratory Animals and the campus "Animal Welfare Assurance."
Summary: Certify that the applicant will comply with environmental standards for the protection of endangered species under the Endangered Species Act of 1973, as amended (16 USC Chapter 35, Sections 1531ff [Pub. L. 93-205]).
Reference: SF-424B, #11.h.
Guidance: The Principal Investigator is responsible for securing required permits and providing required reports if a research project will involve the import or export of endangered or threatened species.
1. Radiological Materials Safety and Control
Summary:
Indiana State University has a "Materials License" through the U.S. Nuclear
Regulatory Commission for the use of nuclear material. Activities and
requirements under the license are regulated by the U.S. Nuclear Regulatory
Commission.
Reference:
10 CFR Part
30
Guidance: The acquisition, use, and disposal of nuclear materials
at ISU is managed by Radiation Safety Officer
through the Office of Environmental Safety.
2. Hazardous Materials Management
Summary: The Environmental Protection Agency
regulates the handling, storage, and disposal of hazardous materials at Indiana
State University. The authority for the EPA regulations are found within
the Resource Conservation and Recovery Act of 1976 (RCRA) and the Superfund
Amendments and Reauthorization Act of 1986 (SARA). The goals of the RCRA
are to protect human health and the environment from the potential hazards of
waste disposal, to conserve energy and natural resources, to reduce the amount
of waste generated, and to ensure that wastes are managed in an environmentally
sound manner. The purpose of the SARA is to encourage and support emergency
planning efforts at the State and local levels and provide the public and local
governments with information concerning potential chemical hazards present in
their communities.
Reference:
EPA
Hazardous Waste Management System 40 CFR 260,
EPA
Identification and Listing of Hazardous Waste (40 CFR 261),
EPA
Standards Applicable to Generators of Hazardous Waste (40 CFR 262)
Guidance: The Office of Environmental
Safety has primary responsibility for compliance with the
requirements of RCRA, SARA, and EPA. However, every individual at ISU that
works with hazardous materials is responsible to ensure that they are handled,
stored, and disposed of in a manner that is compliant with RCRA, SARA, and EPA
requirements. Any questions concerning the use of hazardous materials
should be directed to the Office of Environmental
Safety.
Reference:
NIH Guidelines
for Research Involving Recombinant DNA Molecules Guidance: (a) Any non-exempt research involving recombinant DNA molecules must be
reviewed and approved by the ISU's Biosafety and Recombinant DNA Committee (b) At least once every two years, ISU's Biosafety and Recombinant DNA
Committee should
review relevant procedures for conformance with NIH guidelines. Reference: E.O.
#11738;
SF-424B, #11.f.;
SF-424B, #11.b. Guidance: Facilities Management
and the Office of Environmental Safety are responsible for maintaining compliance. At least once every two
years a review should be conducted to confirm on-going compliance.
If the Office of Sponsored Programs or the Office of Grants and Contracts has reason to believe that a particular
proposal is for work that may have a negative impact on underground sources of
drinking water, Facilities Management should be
notified. Summary: Certify that the applicant will protect
underground sources of drinking water pursuant to the Safe Drinking Water Act
of 1974, as amended, (42 USC 300f et seq.
[Pub. L. 93-523]). Reference:
SF-424B,
#11.g. Guidance: Facilities Management
and the Office of Environmental Safety are
responsible for maintaining compliance. At least once every two
years a review should be conducted to confirm on-going compliance.
If the Office of Sponsored Programs or the
Office of Grants and Contracts has reason to believe that a particular
proposal is for work that may have a negative impact on underground sources of
drinking water, Facilities Management should be
notified. Summary: Certify that the applicant will comply with
environmental standards which may be prescribed pursuant to institution of
environmental quality control measures under the National Environmental Policy
Act of 1969 (42 USC
Chapter 55, [Pub. L. 91-190]) and
Executive Order
11514. Compliance is also required with standards regarding
Wetlands E.O. 11990 , and
Flood Plain Management E.O. 11988,
Reference:
SF-424B,
#11.a, c, d Guidance: Facilities Management
and the Office of Environmental Safety are
responsible for maintaining compliance. At least once every two years
a review should be conducted to confirm on-going compliance. Summary: Certify that the applicant will comply with the
Wild and Scenic Rivers Act of 1968
(P.L. 90-542, as amended; 16
U.S.C. 1271-1287) related to protecting components or potential
components of the national wild and scenic rivers system. Reference:
SF-424B, #12 Guidance: Facilities Management
and the Office of Environmental Safety are
responsible for maintaining compliance. At least once every two years
a review should be conducted to confirm on-going compliance. Summary: Certify that the applicant will assist the
awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, (E.O. 11593)
(identification and protection of historic properties), and the
Archaeological
and Historic Preservation Act of 1974. Reference:
SF-424B, #13 Guidance: Facilities Management
and the Office of Environmental Safety are
responsible for maintaining compliance. At least once every two years
a review should be conducted to confirm on-going compliance. If
the Office of Sponsored Programs or the
Office of Grants and Contracts has
reason to believe that a particular proposal is for work that may have a
negative impact on Historic Properties, Facilities Management should be
notified.
Reference: Federal grant application forms (e.g.,
PHS)
and Drug-Free
Workplace Act of 1988 Guidance: Human Resources
should give all employees a copy of the University
policy on substance abuse. Report drug-related convictions to the funding
agency within 10 days of receiving notice of a conviction from the employee,
and take appropriate corrective action or require such employees to
participate satisfactorily in approved drug-abuse assistance or rehabilitation
programs. For grant applications, identify the workplace(s) where the grant
will be substantially performed, either in the grant application or in a
record kept in the grant file. The Office of
Sponsored Programs should inform the granting agency if such workplace(s)
change during the grant period. Reference: Drug-Free Schools and Campuses Regulations (34 CFR Part 86).
Guidance:
Human Resources
should implement the University Policy on Substance
Abuse, which includes annually giving each employee a copy of the policy and
conducting biennial reviews of the campus substance abuse program. Summary: Certify that the applicant will comply with the
provisions of the Hatch Act (5 USC 1501-1508 and
5 USC 7324-7328),
which limit the political activities of grantee employees. Reference:
SF-424B, #8 Guidance: Because the Hatch Act does not apply to
University employees, University Officers should routinely line
out or mark as "not applicable" any references to this Act in certifications.
Alternatively, the Hatch Act references may be considered self-deleting if the
certification is prefaced with words to the effect that the applicant will
comply with applicable provisions of the listed laws or regulations.
As a last resort, if none of these three options is available, the funding
agency should be notified that the Hatch Act is not applicable to University
employees. Summary:
Certify that the applicant will comply, as
applicable, with the provisions of the
Davis-Bacon Act, the
Copeland Act, and the
Contract Work Hours and Safety Standards Act, regarding labor standards for Federally
assisted construction subagreements. Reference:
SF-424B, #9 Guidance: (Oversight by Human
Resources, Purchasing and Central Receiving, and
Facilities Management) Federally-funded contracts over $2000 for
construction, alteration, or repair awarded by the campus should conform and
contain, when applicable, provisions requiring the contractor and any of its
subcontractors to pay prevailing wages and premium overtime, to make wage
payments at least once per week, to keep adequate records of such payments,
and to make certified copies of payroll records available for inspection. In
addition, University personnel who manage Federally-funded construction
projects should perform random checks to determine if the contractor is
meeting the contract requirements. Reference:
DFARS
252.223-7004 Guidance: When a drug-free work force certification is
required by the contract, an employee assistance program (administered by
Human Resources) must be established
and employees working under the contract in "sensitive positions" must
participate in a drug testing program. Because drug testing of employees is
controversial, this clause should not be accepted without careful planning and
coordination with campus academic and staff personnel on the project to
determine how the campus will comply with the requirements. It is believed
that this clause
currently applies to Scripps Institute of Oceanography ships and the DOE
Laboratories. 6. Nondiscrimination/Affirmative Action Summary:
Certify that the applicant will comply with
42 USC Chapter 21,
Section 2000d, Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352)
which prohibits discrimination in the provision of grant-supported services on
the basis of race, color or national origin. Reference:
SF-424B, #6.a.;
grant application forms (e.g.,
PHS);
45 CFR 80 Summary:
Certify that the offeror will comply with
Executive Order 11246,
Equal Employment Opportunity. Reference: FAR 52.222-21,
22, 25, and 26,
Executive Order 11246,
Equal Employment Opportunity. Guidance: At least once every two years,
the Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
Reference:
38 USC Chapter 42,
Employment and Training of Veterans, FAR 52.222-35 Guidance: At least once every two years,
the Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans that includes special disabled and Vietnam era veterans.
Summary: Certify that the applicant will comply with Title
IX of the Education Amendments of 1972, as amended (20 USC Chapter 38,
Sections 1681-1683 and 1685-1686, Nondiscrimination on the Basis of Sex),
which prohibits discrimination on
the basis of sex. Reference:
SF-424B, #6.b.;
grant application forms (e.g.,
PHS);
45 CFR 86 Guidance:
At least once every two years, the
Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
Summary: Certify that the offeror or applicant will comply
with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794,
Nondiscrimination under Federal Grants and Programs), which prohibits
discrimination in the provision of grant-supported services on the basis of
handicaps. Reference:
SF-424B, #6.c.;
grant application forms (e.g.,
PHS);
45 CFR 84;
FAR 52.222-36 Guidance:
At least once every two years, the
Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
Summary: Certify that the applicant will comply with the
Age Discrimination Act of 1975, as amended (42 USC Chapter 76),
which prohibits discrimination in the provision of grant-supported services on
the basis of age. Reference:
SF-424B, #6.d.;
grant application forms (e.g.,
PHS);
45 CFR
91 Guidance:
At least once every two years, the
Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
Summary: Certify that the applicant will comply with the
Drug Abuse Office and Treatment Act of 1972 (42 USC 290 ee-2 [Pub.
L. 92-255]), as amended, relating to nondiscrimination on the basis of
drug abuse. The Act prohibits discrimination, by hospitals that receive
Federal support, in admission or treatment of drug abusers solely because of
their drug abuse. Reference:
SF-424B, #6.e.;
45 CFR 84 Guidance:
At least once every two years, the
Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
V. TYPE OF BUSINESS/PLACE OF PERFORMANCE
(STANDARD RESPONSES) Summary: Certify whether the offeror is totally or partially
immune from tort liability to third persons. Reference: FAR 52.228-07 Guidance: Check the box on the certification that the
offeror, as a State institution, is partially immune from tort liability. Summary: Certify whether the offeror is a small business. Reference: FAR 52.219-01 Guidance: Check the box on the certification that the
offeror is not a small business concern. Summary: Certify whether the offeror is a small
disadvantaged business. Reference: FAR 52.219-22 Guidance: Check the box on the certification that the
offeror is not a small disadvantaged business concern. Summary: Certify whether the offeror is a women-owned
business concern. Reference: FAR 52.204-05 Guidance: Check the box on the certification that the
offeror is not a women-owned business concern. Summary: Certify whether the offeror is a regular dealer in
or manufacturer of the supplies offered. Reference: FAR 52.222-20 Guidance: Check the boxes on the certification that the
offeror is not a regular dealer in nor a manufacturer of supplies. Summary: Indicate whether, and if so where, the
offeror intends to use one or more off-site facilities. Reference: FAR 52.215-06 Guidance: As applicable, check on the certification whether
in the performance of the contract the offeror intends to use one or more
facilities located off-campus, and, if so, provide the off-campus addresses and,
if not University-owned, the name of the facility owner. 3. Recombinant DNA Molecules Research
4. Clean Air and Water Acts; Executive Order (E.O.) 11738
5. Safe Drinking Water Act
6. National Environmental Policy Act; E.O. 11514
7. Wild and Scenic Rivers Act
8. Historic Preservation Act; E.O. 11593
1. Drug-Free Workplace
2. Drug-Free Schools and Communities
3. Hatch Act
4. Wage and Hour Acts
a. Discrimination based on Race, Color, National Origin
Guidance: At least once every two years,
the Office of Diversity and Affirmative Action
should confirm that the campus has compliant EEO and Affirmative Action plans.
b. Equal Opportunity and Affirmative Action Compliance
c. Affirmative Action for Special Disabled and Vietnam Era Veterans
d. Discrimination based on Sex
e. Discrimination based on Handicap
f. Discrimination based on Age
g. Discrimination based on Drug Abuse
1. Insurance - Immunity from Tort Liability
2. Small Business Concern Representation
3. Small Disadvantaged Business Concern Representation
4. Women-Owned Business
5. Walsh-Healey Public Contracts Act Representation
6. Place of Performance