Regulations last checked for updates: Nov 24, 2024

Title 2 - Grants and Agreements last revised: Jan 01, 1900
§ 1134.500 - Purpose of REP Article V.

REP Article V of the general terms and conditions specifies requirements for recipients to provide any type of report not addressed in REP Articles I-IV.

§ 1134.505 - Content of REP Article V.

(a) Source of reporting requirement. Any requirement in a DoD Component's general terms and conditions for recipients to provide a type of report not addressed in REP Articles I-IV must:

(1) Have a basis in a statute or regulation adopted in the Federal Register after an opportunity for public comment; and

(2) Use a form/format that has been approved by OMB under the PRA, as implemented by OMB in 5 CFR part 1320.

(b) Award terms and conditions. (1) To implement any reporting requirement described in paragraph (a) of this section, a DoD Component's general terms and conditions must include the following content in REP Article V, consistent with the PRA approval. Otherwise, REP Article V must be reserved.

(a) The name of the report and where a recipient can obtain it;

(b) For an interim report, the frequency with which it must be submitted and due date(s);

(c) For a final report, whether the report is due 90 days or, if the DoD Component has pre-approved a 30-day extension, 120 days after the end of the period of performance; and

(d) To what DoD office/official the report(s) must be submitted.

(2) If there is more than one such report, the DoD Component must show the information for each in separate sections of the article.

Appendix Appendix A - Appendix A to Part 1134—Terms and Conditions for REP Article I, “Performance Management, Monitoring, and Reporting”

For the general terms and conditions of construction awards, unless a DoD Component reserves any sections or inserts or modifies wording, as specified in § 1134.105 for Sections A through D of the article, a DoD Component's general terms and conditions must use the following wording for REP Article I.

For the general terms and conditions of non-construction awards (§§ 1134.115 through 1134.145), a DoD Component must use the following wording for REP Article I and, as specified in §§ 1134.115 through 1134.125 and § 1134.140, insert or modify wording, depending on whether the terms and conditions are for research and/or other non-construction awards.

REP Article I. Performance Management, Monitoring, and Reporting. (DECEMBER 2014)

Section A. Required reporting form, format, or data elements for interim and final performance reports. [Reserved]

Section B. Frequency, reporting periods, and due dates for interim performance reports. [Reserved]

Section C. Due date and reporting period for final performance report.

1. Due date. You must submit the final performance report under this award no later than [90 calendar days for non-construction awards other than research or 120 calendar days for research awards] after the end date of the period of performance unless we approve an extension of that due date as described in Section D of this article.

2. Reporting period. [Reserved]

Section D. Extensions of due dates. You may request extensions of the due dates that Sections B and C of this Article specify for interim and final reports, respectively. You must provide the reasons for your request and we will approve extensions that are adequately justified.

Section E. Reporting significant developments. You must report the following information to us as soon as you become aware of it:

1. Problems, delays, or adverse conditions that will materially impair your ability to meet the objectives of this award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation.

2. Favorable developments which will enable you to meet schedules and objectives sooner or at less cost than anticipated or produce more or different beneficial results than originally planned.

Section F. Performance reporting procedures. [Reserved]

Section G. Site visits. We reserve the right to make site visits as warranted to monitor program performance under this award.

Appendix Appendix B - Appendix B to Part 1134—Terms and Conditions for REP Article II, “Financial Reporting”

A DoD Component must in its general terms and conditions complete the template provided in this appendix for Sections A, B, and E of REP Article II by inserting or modifying wording, as specified in § 1134.210, and use the following wording for Sections C (unless alternate wording is permitted by § 1134.210) and D of the article.

REP Article II. Financial Reporting. (DECEMBER 2014)

Section A. Required reporting form, format, or data elements for interim and final financial reports. [Reserved]

Section B. Interim financial reports: Frequency, reporting periods, and due dates. [Reserved]

Section C. Final financial report. You must submit the final financial report under this award no later than 120 calendar days after the end date of the period of performance.

Section D. Extensions of due dates. You may request extensions of the due dates that Sections B and C of this Article specify for interim and final reports, respectively. You must provide the reasons for your request, and we will approve extensions that are adequately justified.

Section E. Where and how to submit financial reports. [Reserved]

Appendix Appendix C - Appendix C to Part 1134—Terms and Conditions for REP Article III, “Reporting on Property”

Unless a DoD Component reserves REP Article III in its entirety as specified in § 1134.305, or reserves Sections C or D (or any paragraph in those sections) as specified in §§ 1134.315 and 1134.320, a DoD Component's general terms and conditions must include a completed Section A (as specified in § 1134.305) and use the following wording for the remainder of REP Article III.

REP Article III. Reporting on Property (DECEMBER 2014)

Section A. Real property. Paragraphs A.1 through A.4 apply to real property for which you are accountable under this award, for as long as there is a Federal interest in the property (whether that interest is due to you or a subrecipient having acquired or improved the property under this award, or a transfer of the accountability for the property to this award from another award).

1. Periodic status reports. You must submit periodic status reports, as follows:

a. Frequency and duration of reporting requirement. [Reserved]

b. Due dates. [Reserved]

c. Other submission instructions. [Reserved]

2. Notifications of critical changes. You must notify the award administration office of any critical change in the status of real property as soon as feasible after you become aware of it. A critical change is any event with a significant adverse impact on the condition or value of the property, such as damage due to fire; flood, hurricane, or other severe weather; earthquake; or accident.

3. Requests for disposition instructions. You must comply with applicable requirements in PROP Article III to request disposition instructions, either during the period of performance or at closeout.

4. Closeout accounting. You must account to the award administration office for real property at the time of closeout of the award, as required by Section D of OAR Article VI.

Section B. Equipment and supplies. Paragraphs B.1 through B.4 apply to equipment or supplies for which you are accountable under this award and in which there is a Federal interest (whether that interest is due to you or a subrecipient having acquired or improved the property under this award, or a transfer of the accountability for the property to this award from another award).

1. Periodic status report. There is no requirement for periodic reporting during the period of performance.

2. Notifications of loss, damage, or theft. You must comply with applicable requirements in PROP Article II governing your property management system to promptly notify the award administration office of any loss, damage, or theft of equipment.

3. Requests for disposition instructions. You must comply with applicable requirements in PROP Article IV to request disposition instructions for equipment, either during the period of performance or at closeout.

4. Closeout accounting.

a. Equipment. You must account to the award administration office for equipment at the time of closeout of this award, as required by Section D of OAR Article VI.

b. Supplies. If you have a residual inventory of unused supplies that meets the criteria specified in paragraph E.2 of PROP Article IV, you must as part of your closeout accounting arrange with the award administration office for the compensation that paragraph specifies for the Federal interest in the supplies.

Section C. Federally owned property. Paragraphs C.1 through C.3 apply to federally owned property for which you are accountable under this award.

1. Annual inventory. You must submit annually to the award administration office an inventory of federally owned property.

2. Notifications of loss, damage, or theft. As provided in PROP Article II governing your property management system, you must promptly notify the award administration office of any loss, damage, or theft of federally owned property.

3. Requests for disposition instructions. You must comply with requirements in Section B of PROP Article V to request disposition instructions, either during the period of performance or at closeout.

4. Closeout accounting. Your requests for disposition instructions for federally owned property, as described in paragraph C.3 of this section, satisfy the need to account for federally owned property at closeout (see Section D of OAR Article VI).

Section D. Intangible property. Paragraphs D.1 through D.3 apply to intangible property for which you are accountable under this award.

1. Inventions developed under the award. You must submit all reports on subject inventions developed under this award that are required by the modified Governmentwide patent rights award provision specified in Section B of PROP Article VI, which include a disclosure of each subject invention and a final report listing all such subject inventions.

2. Copyrights and data. You are not required to submit periodic reports about data produced under the award or about works for which you acquired ownership under this award, either by development or otherwise, and in which copyright was asserted. However, because of the DoD/Federal Government's rights in the works and data that Sections A and C of PROP Article VI specify, you must provide information about the works and data if we request it.

3. Intangible property acquired, but not developed or produced, under the award. You must comply with requirements in Section D of PROP Article VI to request disposition instructions for intangible property acquired, but not developed or produced, under the award.

Appendix Appendix D - Appendix D to Part 1134—Terms and Conditions for REP Article IV, “Reporting on Subawards and Executive Compensation”

As specified in § 1134.405, a DoD Component's general terms and conditions must use the following wording for REP Article IV.

REP Article IV. Reporting on Subawards and Executive Compensation (DECEMBER 2014)

You must report information about subawards and executive compensation as specified in the award provision in appendix A to 2 CFR part 170, “Reporting subaward and executive compensation information,” modified as follows:

1. To accommodate any future designation of a different Governmentwide website for reporting subaward information, the website “http://www.fsrs.gov” cited in paragraphs a.2.i. and a.3 of the award provision is replaced by the phrase “http://www.fsrs.gov or successor OMB-designated website for reporting subaward information”;

2. To accommodate any future designation of a different Governmentwide website for reporting executive compensation information, the website “http://www.sam.gov” cited in paragraph b.2.i. of the award provision is replaced by the phrase “https://www.sam.gov or successor OMB-designated website for reporting information on total compensation”; and

3. The reference to “Sec. __.210 of the attachment to OMB Circular A-133, `Audits of States, Local Governments, and Non-Profit Organizations' ” in paragraph e.3.ii of the award provision is replaced by “2 CFR 200.330, as implemented in SUB Article I of this award”.

Appendix Appendix E - Appendix E to Part 1134—Terms and Conditions for REP Article V, “Other Reporting”

In accordance with § 1134.505 of this part, a DoD Component's general terms and conditions must either reserve REP Article V or provide the information required by that section for each applicable report.

REP Article V. Other Reporting. (Date) [Reserved]

authority: 5 U.S.C. 301 and 10 U.S.C. 113.
source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.
cite as: 2 CFR 1134.500