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Attachment 1 <br />- 8 - <br />iv. A domestic or foreign for-profit organization; <br />v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal <br />entity. <br />2. Executive means officers, managing partners, or any other employees in management positions. <br />3. Subaward: <br />i. This term means a legal instrument to provide support for the performance of any portion of <br />the substantive project or program for which you received this award and that you as the <br />recipient award to an eligible subrecipient. <br />ii. The term does not include your procurement of property and services needed to carry out <br />the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB <br />Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”). <br />iii. A subaward may be provided through any legal agreement, including an agreement that <br />you or a subrecipient considers a contract. <br />4. Subrecipient means an entity that: <br />i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to <br />you for the use of the Federal funds provided by the subaward. <br />5. Total compensation means the cash and noncash dollar value earned by the executive during the <br />recipient's or subrecipient's preceding fiscal year and includes the following (for more information <br />see 17 CFR 229.402(c)(2)): <br />i. Salary and bonus. <br />ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount <br />recognized for financial statement reporting purposes with respect to the fiscal year in <br />accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) <br />(FAS 123R), Shared Based Payments. <br />iii. Earnings for services under non-equity incentive plans. This does not include group life, <br />health, hospitalization or medical reimbursement plans that do not discriminate in favor of <br />executives, and are available generally to all salaried employees. iv. Change in pension <br />value. This is the change in present value of defined benefit and actuarial pension plans. <br />v. Above-market earnings on deferred compensation which is not tax-qualified. <br />vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, <br />termination payments, value of life insurance paid on behalf of the employee, perquisites or <br />property) for the executive exceeds $10,000. <br /> <br />Article XVI - False Claims Act and Program Fraud Civil Remedies <br />All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal <br />payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the <br />administrative remedies for false claims and statements made. <br /> <br />Article XVII - Federal Debt Status <br />All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt <br />include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- <br />129 and form SF-424B, item number 17 for additional information and guidance. <br /> <br />Article XVIII - Fly America Act of 1974 <br />All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 <br />U.S.C. § 41102) for international air transportation of people and property to the extent that such service is <br />available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 <br />U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the <br />March 31, 1981, amendment to Comptroller General Decision B-138942. <br /> <br />Article XIX - Hotel and Motel Fire Safety Act of 1990 <br />In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must <br />ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds <br />complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as <br />amended, 15 U.S.C. §2225.