§ 200.341 - Notification of termination requirement.

§ 200.341 Notification of termination requirement.

(a) The Federal agency or pass-through entity must provide written notice of termination to the non-Federal entity a recipient or subrecipient. The written notice of termination should include the reasons for termination, the effective date, and the portion of the Federal award to be terminated, if applicable.

(b) If the Federal award is terminated for the non-Federal entityrecipient's material failure to comply with the U.S. Constitution, Federal statutes, regulations, or terms and conditions of the Federal a Federal award, the notification must state that—the following:

(1) The termination decision will be reported to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS)in SAM.gov;

(2) The information will be available in the OMB-designated integrity and performance system for a period of SAM.gov for five years from the date of the termination , and then archived;

(3) Federal awarding agencies that consider making a Federal award to the non-Federal entity during that recipient during the five year period must consider that this information in judging whether the non-Federal entity recipient is qualified to receive the Federal award , when the Federal share of the Federal award is expected to exceed the simplified acquisition threshold over the period of performance;

(4) The non-Federal entity recipient may comment on any information the OMB-designated integrity and performance system contains about the non-Federal entity in SAM.gov about the recipient for future consideration by Federal awarding agencies. The non-Federal entity recipient may submit comments to the awardee integrity and performance portal accessible through SAM (currently (CPARS).in SAM.gov.

(5) Federal awarding agencies will consider non-Federal entity should consider the recipient's comments when determining whether the non-Federal entity recipient is qualified for a future Federal award.

(c) Upon termination of a the Federal award, the Federal awarding agency must provide the information required under FFATA to the Federal website established to fulfill the requirements of FFATA, and by the Federal Funding Accountability and Transparency Act (FFATA) to USAspending.gov. In addition, the Federal agency must update or notify any other relevant governmentwide government-wide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b2313 and 31 U.S.C. 3321 and implementing guidance at 2 CFR part 77 (forthcoming at time of publication). See also the requirements for Suspension and Debarment at 2 CFR part 180.