Standard Award Terms and Conditions:
- Individual awards are based on the application submitted to, and as approved by, the NIH and are subject to the terms and conditions incorporated either directly or by reference in the following:
- The grant program legislation and program regulation cited in the Notice of Award.
- Conditions on activities and expenditure of funds in other statutory requirements, such as those included in appropriations acts. This also includes any recent legislation noted below.
- 45 CFR Part 75.
- National Policy Requirements and all other requirements described in the NIH Grants Policy Statement, including addenda in effect as of the beginning date of the budget period.
- Federal Award Performance Goals: As required by the periodic report in the RPPR or in the final progress report when applicable.
- The Notice of Award including all terms and conditions cited on the document or attachments.
HHS Regulations and OMB Circulars applicable to Awards issued prior to December 26, 2014:
- Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Nonprofit Organizations, and Commercial Organizations (45 CFR Part 74).
- Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Tribal Governments (45 CFR Part 92).
- OMB Circular A-21 (Relocated to 2 CFR Part 220) - Cost Principles for Educational Institutions.
- OMB Circular A-87 (Relocated to 2 CFR Part 225) - Cost Principles for State, Local, and Indian Tribal Governments.
- OMB Circular A-122 (Relocated to 2 CFR Part 230) - Cost Principles for Non-Profit Organizations.
- All awards issued with funds provided by the DRAA are subject to special terms and conditions as provided by the Department of Health and Human Services.
Standard Terms and Conditions for Awards Made Under the American Recovery and Reinvestment Act of 2009 (ARRA):
- All awards issued with funds provided by the ARRA are subject to special terms and conditions as provided by the Department of Health and Human Services.
- For NIH awards, the following approved terms are effective through January 31, 2014: Standard Terms and Conditions for ARRA Awards (07/06/2009) - (PDF - 19 KB)
- For NIH awards, the following approved terms are effective February 1, 2014: Standard Terms and Conditions for ARRA Awards (02/06/2014)
Special Terms and Conditions for Awards Made Under The U.S. President's Emergency Plan for AIDS Relief (PEPFAR) program.
- Effective August 8, 2013: Special terms and conditions for all grants awarded under The U.S. President's Emergency Plan for AIDS Relief (PEPFAR) program, and for PEPFAR agreements between the U.S. Government and Foreign Non-Governmental Organizations (NGOs) (PDF - 24 KB). Full text of the award terms is provided in the attached document - (MS-Word).
- Effective May 20, 2013 – August 7, 2013: Special terms and conditions for grants awarded to organizations other than Foreign Governments under The U.S. President's Emergency Plan for AIDS Relief (PEPFAR) program (PDF - 15 KB). These terms and conditions apply to agreements between the U.S. government and recipients OTHER THAN foreign governments. Full text of the award term is provided in the attached document - (MS-Word).
- Effective May 20, 2013 – August 7,2013: Special terms and conditions for grants awarded to organizations other than Foreign Governments under The U.S. President's Emergency Plan for AIDS Relief (PEPFAR) program (PDF - 15 KB). These terms and conditions apply to agreements between the U.S. government and recipients OTHER THAN foreign governments. Full text of the award term is provided in the attached document - (MS-Word).
Recent Legislation and Policy Applicable to Awards:
- Effective April 18, 2014: Implementation of United States v. Windsor (PDF - 376 KB) and federal recognition of same-sex spouses/marriages. The Department of Health and Human Services (HHS) has issued guidance implementing new policy consistent with the Supreme Court's decision in United States v. Windsor (PDF - 376 KB), which struck down the prohibition on federal recognition of same-sex marriages. It is intended to ensure the consistent implementation of a post-Windsor policy of treating same-sex marriages on the same terms as opposite-sex marriages to the greatest extent reasonably possible. HHS issued revised guidance in July 2014 with definitions for terms used within the award condition. For all NIH grants issued on or after July 22, 2014 for programs applying familial relationships terminology as a condition of eligibility for services or otherwise making distinctions in program participation or content based on such relationships, the following term is applicable: DOMA Ruling Term and Condition (MS-Word - 14 KB).
- Effective July 1, 2013: Requirement for compliance with the National Defense Authorization Act (NDAA). The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L.112-239, enacted January 2, 2013) mandates a pilot program titled "Pilot Program for Enhancement of Contractor Employee Whistleblower Protections" ("the Pilot Program"). See P.L. 112-239, Title VIII, Subtitle C, §828. For all NIH grants and subgrants issued beginning July 1, 2013 through January 1, 2017, the following term is effective: Standard Whistleblower Protection Term and Condition (02/20/2014) - (PDF - 18 KB) term and condition.
- Effective March 9, 2011: In accordance with guidance provided by the Department of Health and Human Services, funding prohibitions regarding ACORN and related entities remain in effect pending further litigation as to ACORN's First Amendment and due process claims. This is based on the decision of the U.S. Court of Appeals for the Second Circuit. This guidance now supersedes that provided in the 3/16/2010 OMB Memorandum M-10-12: http://www.whitehouse.gov/omb/assets/memoranda_2010/m10-12.pdf. Therefore NIH Guide Notice NOT-OD-10-024 remains in effect.
Grant Payment Information:
Grant payments will be made available through the DHHS Payment Management System (PMS). PMS is administered by the Division of Payment Management, Program Support Center (PSC), DHHS, Office of the Deputy Assistant Secretary, Finance, which will forward instructions for obtaining payments. Requests for downloadable forms and inquiries regarding payment should be directed to:
Regular Mailing Address
Division of Payment Management
P.O. Box 6021
Rockville, MD 20852
Telephone: (301) 443-1660
Overnight Mailing Address
U.S. Department of Health and Human Services
Division of Payment Management
7700 Wisconsin Avenue, Suite 920
Bethesda, MD 20814
OIG Hotline Information:
- The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste or abuse under grants and cooperative agreements. Such reports are kept confidential and callers may decline to give their names if the choose to remain anonymous:
Office of Inspector General
Department of Health and Human Services
PO Box 23489
Washington, DC 20026
Telephone Number: 1-800-447-8477 (1-800-HHS-TIPS)
Web Address: http://oig.hhs.gov/fraud/hotline/
Note: This document is referenced in standard NIH award Terms and Conditions and is linked from the OER Grants Policy and Guidance page.