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Article 51 Disposition of Equipment Acquired Under the Federal Award When original or <br />replacement equipment acquired under this award is no longer needed for the original <br />project or program or for other activities currently or previously supported by a federal <br />awarding agency, the non -state recipient or subreciplent (including subrecipients of a <br />State or Tribal Nation), must request instructions from FEMA to make proper disposition <br />of the equipment pursuant to 2 C.F.R. section 200.313(e). State recipients must follow <br />the disposition requirements in accordance with State laws and procedures. 2 C.F.R. <br />section 200.313(b). Tribal Nations must follow the disposition requirements in <br />accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if <br />such laws and procedures do not exist, then Tribal Nations must follow the disposition <br />Instructions in 2 C.F.R. section 200.313(e). <br />Article 52 Prior Approval for Modification of Approved Budget Before making any change to <br />the FEMA approved budget for this award, a written request must be submitted and <br />approved by FEMA as required by 2 C.F.R. section 200,308. For purposes of non - <br />construction projects, FEMA is utilizing its discretion to impose an additional restriction <br />under 2 C.F.R. section 200.308() regarding the transfer of funds among direct cost <br />categories, programs, functions, or activities. For awards with an approved budget where <br />the federal share is greater than the simplified acquisition threshold (currently $250,000) <br />and where the cumulative amount of such transfers exceeds or is expected to exceed ten <br />percent (10%) of the total budget FEMA last approved, transferring funds among direct <br />cost categories, programs, functions, or activities is unallowable without prior written <br />approval from FEMA. For purposes of awards that support both construction and non - <br />construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior <br />written approval from FEMA before making any fund or budget transfers between the two <br />types of work. Any deviations from a FEMA approved budget must be reported in the first <br />Federal Financial Report (SF-425) that is submitted following any budget deviation, <br />regardless of whether the budget deviation requires prior written approval. <br />Article 53 Indirect Cost Rate 2 C.F.R. section 200.211(b)(16) requires the terms of the award to <br />include the indirect cost rate for the federal award. If applicable, the indirect cost rate for <br />the award is stated in the budget documents or other materials approved by FEMA and <br />Included in the award file. <br />Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self - <br />Certification in addition to the DHS Standard Terms & Conditions regarding Required <br />Use of American iron, Steel, Manufactured Products, and Construction Materials, <br />recipients and subrecipients of FEMA financial assistance for programs that are subject <br />to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. <br />section 184.4 and a self -certification as required by the FEMA Buy America Preference in <br />FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy #207-22- <br />0001). This requirement applies to all subawards, contracts, and purchase orders for <br />work performed, or products supplied under the FEMA award subject to BABAA. <br />Article 55 OPSiG Program Performance Goal in addition to the Biannual Strategy <br />Implementation Report (BSIR) submission requirements outlined in the Preparedness <br />Grants Manual, recipients must demonstrate how the grant4unded project addressed the <br />core capability gap associated with this project and identified in the Threat and Hazard <br />Identification and Risk Analysis (THiRA) or Stakeholder Preparedness Review (SPR) or <br />sustains existing capabilities as applicable. The capability gap reduction or capability <br />sustainment must be addressed in the Project description of the BSIR for each project. <br />DHS-FEMA-HSGP-SHSP-FY25 Page 40 of 55 Kittitas County, E26-350 <br />