cfr_sections
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26 rows where agency = "CCC" and part_number = 1489 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:10.1.2.3.41.0.344.1 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.10 General purpose and scope. | CCC | (a) This part sets forth the general terms, conditions, and policies governing the Commodity Credit Corporation's (CCC) operation of the Regional Agricultural Promotion Program (RAPP), which subsumes the former Agricultural Trade Promotion Program (ATP). This program will provide assistance to eligible organizations that conduct market promotion activities, including activities to address existing or potential non-tariff barriers to trade, to promote U.S. agricultural commodities in certain foreign markets. Specific program requirements will be set forth in Notices of Funding Opportunity (NOFO) announced through the Grants.gov website. (b)(1) In addition to the provisions of this part, other regulations of general applicability issued by the U.S. Department of Agriculture (USDA), including the regulations set forth in chapter XXX of this title, may apply to the RAPP and RAPP Participants, to the extent that the regulations of general applicability in this paragraph (b)(1) do not directly conflict with the provisions of this part. The regulations include, but are not limited to: (i) 7 CFR part 1, subpart A. (ii) 7 CFR part 3. (iii) 7 CFR part 15, subpart A. (iv) 2 CFR part 417. (v) 2 CFR part 418. (vi) 2 CFR part 421. (vii) 48 CFR part 31. (2) In addition, relevant provisions of the CCC Charter Act (15 U.S.C. 714 et seq. ) and any other statutory provisions that are generally applicable to the CCC are also applicable to the RAPP and the regulations set forth in this part. (3) RAPP Participants must also comply with Title VI of the Civil Rights Act of 1964 and related civil rights regulations and policies. (4) Other laws and regulations that apply to the RAPP and RAPP Participants include, but are not limited to: (i) 2 CFR part 25. (ii) 2 CFR part 170. (iii) 2 CFR part 175. (iv) 2 CFR part 180. (v) 2 CFR part 200. (vi) 2 CFR part 400. (vii) 37 CFR 401.1. (viii) Executive Order 13224, as amended, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Sup… | ||||||
| 7:7:10.1.2.3.41.0.344.10 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.19 Advances. | CCC | (a) Policy. In general, the CCC operates the RAPP on a reimbursable basis. (b) Exception. A RAPP Participant may request an advance of RAPP funds from the CCC for generic promotion activities, provided the RAPP Participant meets the criteria for advance payments in 2 CFR part 200. The CCC will not approve any request for an advance submitted after the expiration date shown in the RAPP Participant's program agreement. At any given time, total payments advanced shall not exceed 40 percent of a RAPP Participant's approved generic activity budget for the budget period. The CCC will not advance funds to a RAPP Participant for brand promotion activities. When approving a request for an advance, the CCC may require the RAPP Participant to carry adequate fidelity bond coverage when the absence of such coverage is considered by the CCC to create an unacceptable risk to the interests of the RAPP. Whether an “unacceptable risk” exists in a particular situation will depend on a number of factors, such as, for example, the Participant's history of performance in RAPP; the Participant's perceived financial stability and resources; and any other factors presented in the particular situation that may reflect on the Participant's responsibility or the riskiness of its activities. (c) Interest. A RAPP Participant shall deposit and maintain in an insured bank account in the United States all funds advanced by the CCC. The account shall be interest-bearing unless the exceptions in 2 CFR part 200 apply. Interest earned by the RAPP Participant on funds advanced by the CCC is not program income. The RAPP Participant shall remit any interest earned on the advanced funds to the appropriate entity as set forth in 2 CFR part 200. (d) Refunds due the CCC. A RAPP Participant shall fully expend all advances on approved generic promotion activities within 90 calendar days after the date the advance was approved in the UES. By the end of the 90 calendar days, the RAPP Participant must submit reimbursement claims to offset the advance… | ||||||
| 7:7:10.1.2.3.41.0.344.11 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.20 Financial management. | CCC | (a) A RAPP Participant shall implement and maintain a financial management system that conforms to generally accepted accounting principles. A RAPP Participant's financial management system shall comply with the standards in 2 CFR part 200. (b) A RAPP Participant shall institute internal controls and provide written guidance to commercial entities participating in its activities to ensure their compliance with this part. (c) A RAPP Participant shall retain all records concerning a RAPP program transaction for a period of three years after completion of the program transaction and permit the CCC to have full and complete access to such records during the transaction period and for such three-year period after completion of the program transaction. These records shall include all records pertaining to contractors. (d) A RAPP Participant shall maintain its records of expenditures and contributions in a manner that allows it to provide information by activity plan, country, activity number, and cost category. Such records shall include: (1) Receipts for all STRE (actual vendor invoices or restaurant checks, rather than credit card receipts); (2) Original receipts for any other program-related expenditure in excess of a set amount that CCC will determine and announce in writing to all RAPP Participants via a RAPP notice issued on the FAS website. The CCC may, from time to time, set a different minimum amount. In that case, the CCC will announce the new amount in writing to all RAPP Participants via a RAPP notice issued on the FAS website; (3) The exchange rate used to calculate the dollar equivalent of expenditures made in a foreign currency and the basis for such calculation; (4) Copies of reimbursement claims; (5) An itemized list of claims charged to each of the RAPP Participant's CCC resources accounts; (6) Documentation with accompanying English translation supporting each reimbursement claim, including original evidence to support the financial transactions such as canceled checks, receipted paid bills,… | ||||||
| 7:7:10.1.2.3.41.0.344.12 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.21 Reports. | CCC | (a) Contribution report. Not later than 6 months after the expiration date shown in the RAPP Participant's program agreement, a RAPP Participant shall submit a report that identifies, by cost category and in U.S. dollar equivalent, contributions made by the Participant, the applicable U.S. industry, and the States during the Participant's RAPP period of performance. Foreign third-party contributions are not to be included in the contribution report. (b) Trip reports. Not later than 45 days after completion of travel (other than local travel), a RAPP Participant shall electronically submit a trip report. The report must include the name(s) of the traveler(s), purpose of travel, itinerary, names and affiliations of contacts, and a brief summary of findings, conclusions, recommendations, and specific accomplishments. (c) Research reports. Not later than 6 months after the expiration date shown in the RAPP Participant's program agreement, a RAPP Participant shall submit a report on any research conducted pursuant to the approved RAPP program. (d) Evaluation reports. Not later than 6 months after the expiration date shown in the RAPP Participant's program agreement, a RAPP Participant shall submit a report on any evaluations conducted in accordance with the approved RAPP program, including the outcome of action taken with RAPP funding and the increased market access or exports that can be directly attributed to the RAPP program. (e) Annual audits. Where the CCC is designated the cognizant agency for audit, the CCC may require the RAPP Participant to submit to the CCC an annual audit in accordance with 2 CFR part 200. If the CCC requires an additional audit with respect to a particular agreement, then the RAPP Participant shall arrange for such audit and shall submit to the CCC, in the manner to be specified by the CCC, such audit of the agreement. (f) Additional reports. The CCC may require the submission of additional reports. (g) Approval letters. A RAPP Participant's program agreement and/or app… | ||||||
| 7:7:10.1.2.3.41.0.344.13 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.22 Evaluation. | CCC | (a)(1) The Government Performance and Results Act (GPRA) of 1993 (5 U.S.C. 306; 31 U.S.C. 1105, 1115-1119, 3515, 9703-9704) requires performance measurement of Federal programs, including the RAPP. Evaluation of the RAPP's effectiveness will depend on a clear statement by Participants of goals to be met within a specified time, schedule of measurable milestones for gauging success, plan for achievement, and assessment of results of activities at regular intervals. The overall goal of the RAPP and of individual Participants' programming is to increase sales that would not have occurred in the absence of RAPP funding. A RAPP Participant that can demonstrate such sales, taking into account extenuating factors beyond the Participant's control, will have met the overall objective of the GPRA and the need for evaluation. (2) Evaluation is an integral element of program planning and implementation, providing the basis for the strategic plan. The evaluation results guide the development and scope of a RAPP Participant's program, contributing to program accountability and providing evidence of program effectiveness that directly ties program funds to increased sales. (b) All RAPP Participants must report annual results against their target market and/or regional constraint/opportunity performance measures. These are outcome results usually based on multiple activities and should demonstrate progress made in the market during the latest budget period. This report shall be completed and submitted to the CCC no later than 6 months following the end of each Participant's budget period. (c) When deemed appropriate or required by the CCC, a RAPP Participant shall complete a program evaluation. A program evaluation is a review of the RAPP Participant's entire program, or an appropriate portion of the program as agreed to by the RAPP Participant and CCC, to determine the effectiveness of the RAPP Participant's strategy in meeting specified goals. Actual scope and timing of the program evaluation shall be determined by the RAPP… | ||||||
| 7:7:10.1.2.3.41.0.344.14 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.23 Compliance reviews and notices. | CCC | (a) USDA staff may conduct compliance reviews of RAPP Participants' activities under the RAPP program. RAPP Participants shall cooperate fully with relevant USDA staff conducting compliance reviews and shall comply with all requests from USDA staff to facilitate the conduct of such reviews. (b) Upon conclusion of the compliance review, USDA staff will provide a written compliance report to the RAPP Participant. The compliance report will specify whether USDA staff believe that CCC may be entitled to recover funds from the Participant and/or it appears that the Participant is not complying with any of the terms or conditions of the program agreement, approval letter, or the applicable laws and regulations. The compliance report will explain the basis for any recovery of funds from the Participant. Within 60 calendar days of the date the compliance report cover letter is signed, the RAPP Participant shall repay the CCC the amount owed either by submitting a check payable to the CCC or by offsetting its next reimbursement claim. The RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance, in writing, by the CCC. If, however, a RAPP Participant notifies the CCC within 60 calendar days of the date the compliance report cover letter is signed that the Participant intends to file an appeal pursuant to paragraph (e) of this section, then the amount owed to the CCC by the RAPP Participant is not due until the appeal procedures are concluded and the CCC has made a final written determination as to the amount owed. If, as a result of a compliance review, the CCC determines that further review is needed in order to ensure compliance with the requirements of RAPP, then the CCC may require the Participant to contract for an independent audit. (c) In addition, the CCC may notify a RAPP Participant in writing at any time if CCC determines that CCC may be entitled to recover funds from the Participant. The CCC will explain the basis for any recovery of funds from the Participant in the wri… | ||||||
| 7:7:10.1.2.3.41.0.344.15 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.24 Failure to make required contribution. | CCC | A RAPP Participant's required contribution will be specified in the approval letter. If the RAPP Participant's required contribution is specified as a dollar amount and the RAPP Participant does not contribute a total dollar amount sufficient to make the required contribution, then the RAPP Participant shall pay to the CCC in dollars the difference between the amount actually contributed and the amount specified in the approval letter. If the RAPP Participant's required contribution is specified as a percentage of the total amount reimbursed by the CCC and the RAPP Participant does not provide a dollar amount of contributions sufficient to achieve the specified percentage, then the RAPP Participant may either return to the CCC the amount of funds reimbursed by the CCC to increase its actual contribution percentage to the required level or pay to the CCC in U.S. dollars the difference between the amount actually contributed and the amount of funds necessary to increase its actual contribution percentage to the required level. A RAPP Participant shall remit such payment within six months after the expiration date shown in the RAPP Participant's program agreement. The RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance, in writing, by the CCC. | ||||||
| 7:7:10.1.2.3.41.0.344.16 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.25 Submissions. | CCC | For all permissible methods of delivery, submissions required by this part shall be deemed submitted as of the date received by the CCC. | ||||||
| 7:7:10.1.2.3.41.0.344.17 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.26 Disclosure of program information. | CCC | (a) Documents submitted to CCC by RAPP Participants are subject to the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. 552, and 7 CFR part 1, subpart A, specifically § 1.12. (b) Any research conducted by a RAPP Participant pursuant to a RAPP program agreement and/or approval letter shall be subject to the provisions relating to intangible property in 2 CFR part 200. | ||||||
| 7:7:10.1.2.3.41.0.344.18 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.27 Ethical conduct. | CCC | (a) A RAPP Participant shall conduct its business in accordance with the laws and regulations of the country in which an activity is carried out and in accordance with applicable U.S. Federal, State, and local laws and regulations. A RAPP Participant shall conduct its business in the United States in accordance with applicable Federal, State, and local laws and regulations. All RAPP Participants must comply with the regulations in 2 CFR part 200 and this part. (b) Except for a U.S. agricultural cooperative or a U.S. for-profit entity, neither a RAPP Participant nor its affiliates shall make export sales of eligible commodities covered under the terms of the applicable RAPP agreement. Nor shall such entities charge a fee for facilitating an export sale. A RAPP Participant may, however, collect check-off funds and membership fees that are required for membership in the RAPP Participant. For the purposes of this paragraph (b), affiliate means any partnership, association, company, corporation, trust, or any other such party in which the Participant has an investment other than in a mutual fund. (c) A RAPP Participant shall not limit participation in its RAPP activities to members of its organization. Participants shall ensure that their RAPP-funded programs and activities are open to all otherwise qualified individuals and entities on an equal basis and without regard to any non-merit factors. The RAPP Participant shall publicize its program and make participation possible for commercial entities throughout the relevant commodity sector or, in the case of SRTGs, throughout the corresponding region. This includes providing to such commercial entities, upon request, a copy of any document in its possession or control containing market information developed and produced under the terms of its RAPP agreement. The Participant may charge a fee not to exceed the costs for assembling, duplicating and distributing the materials. This paragraph (c) does not apply to any U.S. agricultural cooperative when implementing its … | ||||||
| 7:7:10.1.2.3.41.0.344.19 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.28 Contracting procedures. | CCC | (a) Neither the CCC nor any other agency of the U.S. Government nor any official or employee of the CCC, FAS, USDA, or the U.S. Government has any obligation or responsibility with respect to RAPP Participant contracts with third parties. (b) A RAPP Participant shall comply with the procurement standards set forth in paragraphs (c) through (e) of this section when procuring goods and services and when engaging in construction to implement program agreements. (c) Each RAPP Participant shall establish contracting procedures, for contracts that are funded, in whole or in part, with RAPP funds, that are open, fair, and competitive. (d) Each RAPP Participant shall submit to the CCC, for CCC approval, written contracting guidelines for contracts that are funded, in whole or in part, with RAPP funds. The CCC will notify all new and existing RAPP Participants in writing in each Participant's approval letter and through the FAS website as to applicable submission dates for and dates for approvals of contracting guidelines. The CCC's approval of such contracting guidelines will remain in place until the CCC retracts its approval in writing, or until new guidelines are approved that supersede them. Once approved by the CCC, these contracting guidelines shall govern all of a Participant's RAPP-funded contracting involving contracts with a minimum annual value that CCC will determine and announce in writing to all RAPP Participants via a RAPP notice issued on the FAS website. The CCC may, from time to time, set a different minimum value. In that case, the CCC will announce the new amount in writing to all RAPP Participants via a RAPP notice issued on the FAS website. The guidelines shall indicate the method for evaluating proposals received for all contract competitions, the method for monitoring and evaluating performance under contracts, and the method for initiating corrective action for unsatisfactory performance under contracts. The RAPP Participant may modify and resubmit these guidelines for re-approval at any time.… | ||||||
| 7:7:10.1.2.3.41.0.344.2 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.11 Definitions. | CCC | For purposes of this part the following definitions apply: Activity means a specific foreign market development effort undertaken by a RAPP Participant. Administrative expenses or costs means expenses or costs of administering, directing, and controlling an organization that is a RAPP Participant. Generally, this would include expenses or costs such as those related to: (1) Maintaining a physical office (including, but not limited to: rent, office equipment, office supplies, computer hardware and software, office maintenance); (2) Personnel (including, but not limited to, salaries, benefits, payroll taxes, individual insurance, training); (3) Communications (including, but not limited to, phone expenses, internet, mobile phones, mobile phone service postage, courier services, television, radio, walkie talkies); (4) Management of an organization or unit of an organization (including, but not limited to, planning, supervision, supervisory travel, recruiting, hiring); (5) Utilities (including, but not limited to, sewer, water, energy, Wi-Fi); and (6) Professional services (including, but not limited to, accounting expenses, financial services, investigatory services). Approval letter means a document by which the CCC informs an applicant that its RAPP application has been approved for funding. This letter may also approve specific activities and contain terms and conditions in addition to the program agreement. This letter requires a countersignature by the RAPP Participant before it becomes effective. Attaché/Counselor means the FAS employee representing USDA interests in the foreign country in which promotional activities are conducted. Brand participant means a U.S. for-profit entity that owns the brand(s) of the eligible commodity to be promoted (or has the exclusive rights to use such brand(s)) and that is participating in the RAPP brand promotion program of another RAPP Participant. This definition does not include any U.S. agricultural cooperatives. Brand promotion means an activity that inv… | ||||||
| 7:7:10.1.2.3.41.0.344.20 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.29 Property standards. | CCC | The RAPP Participant shall insure all RAPP-funded property and equipment acquired in furtherance of program activities and safeguard such against theft, damage and unauthorized use. The Participant shall promptly report any loss, theft, or damage of property to the insurance company. | ||||||
| 7:7:10.1.2.3.41.0.344.21 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.30 Anti-fraud requirements. | CCC | (a) All RAPP Participants. (1) All RAPP Participants shall submit to the CCC for approval a detailed fraud prevention program. The CCC will notify all new and existing RAPP Participants in writing in each Participant's approval letter and through the FAS website as to applicable submission dates for and dates for approvals of fraud prevention programs. RAPP Participants should review their fraud prevention programs annually. The fraud prevention program shall, at a minimum, include an annual review of physical controls and weaknesses, a standard process for investigating and remediation of suspected fraud cases, and training in risk management and fraud detection for all current and future employees. The RAPP Participant shall not conduct or permit any RAPP promotion activities to occur unless and until the CCC has communicated in writing approval of the RAPP Participant's fraud prevention program. (2) The RAPP Participant, within five business days of receiving an allegation or information giving rise to a reasonable suspicion of misrepresentation or fraud that could give rise to a claim by CCC, shall report such allegation or information in writing to such USDA personnel as specified in the Participant's RAPP program agreement and/or approval letter. The RAPP Participant shall cooperate fully in any USDA investigation of such allegation or occurrence of misrepresentation or fraud and shall comply with any directives given by the CCC or USDA to the RAPP Participant for the prompt investigation of such allegation or occurrence. (b) RAPP Participants with brand programs. (1) The RAPP Participant may charge a fee to brand participants to cover the cost of the fraud prevention program. (2) The RAPP Participant shall repay to the CCC funds paid to a brand participant through the RAPP Participant on claims that the RAPP Participant or the CCC subsequently determines are unauthorized or otherwise non-reimbursable expenses within 30 days of the RAPP Participant's determination or CCC's disallowance. The RAPP Part… | ||||||
| 7:7:10.1.2.3.41.0.344.22 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.31 Program income. | CCC | Any revenue or refunds generated from an activity, e.g., participation fees, proceeds of sales, refunds of value added taxes (VAT), the expenditures for which have been wholly or partially reimbursed with RAPP funds, shall be used by the RAPP Participant in furtherance of its approved RAPP activities in the budget period during which the RAPP funds are available for obligation by the RAPP Participant. The use of such revenue or refunds shall be governed by this part. Interest earned on funds advanced by the CCC is not program income. | ||||||
| 7:7:10.1.2.3.41.0.344.23 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.32 Amendment. | CCC | A program agreement may be amended in writing with the written consent of the CCC and the RAPP Participant. | ||||||
| 7:7:10.1.2.3.41.0.344.24 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.33 Noncompliance with an agreement or this part. | CCC | If a RAPP Participant fails to comply with any term in its program agreement or approval letter, or this part, the CCC may take one or more of the enforcement actions in 2 CFR part 200 and, if appropriate, initiate a claim against the RAPP Participant, following the procedures set forth in this part. The CCC may also initiate a claim against a RAPP Participant if program income or CCC-provided funds are lost due to an action or omission of the RAPP Participant. | ||||||
| 7:7:10.1.2.3.41.0.344.25 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.34 Suspension, termination, and closeout of agreements. | CCC | A program agreement may be suspended or terminated in accordance with the suspension and termination procedures in 2 CFR part 200. If an agreement is terminated, the applicable regulations in 2 CFR part 200 will apply to the closeout of the agreement. | ||||||
| 7:7:10.1.2.3.41.0.344.26 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.35 Paperwork reduction requirements. | CCC | The paperwork and record keeping requirements imposed by this part have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. The control number for this information collection is 0551-0049. | ||||||
| 7:7:10.1.2.3.41.0.344.3 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.12 Participation eligibility. | CCC | (a) To participate in the RAPP as a RAPP Participant, an entity must be: (1) A nonprofit U.S agricultural trade organization; (2) A nonprofit SRTG; (3) A U.S. agricultural cooperative; or (4) A State agency. (b) CCC will enter into an agreement only for the promotion of an eligible commodity. (c) FAS may set forth specific eligibility information, including any factors or priorities that will affect the eligibility of an applicant or application for selection, in the full text of the applicable NOFO posted on the U.S. Government website for grant opportunities. | ||||||
| 7:7:10.1.2.3.41.0.344.4 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.13 Application process. | CCC | (a) General application requirements. CCC will periodically issue a NOFO through the Grants.gov website announcing that it is accepting applications for participation in the RAPP. Applications shall be submitted in accordance with the terms and requirements specified in the NOFO and in this part. Applicants may apply to conduct a generic promotion program and/or a brand promotion program that provides RAPP funds to brand participants for brand promotion, as well as to conduct other market promotion activities, including activities to address existing or potential non-tariff trade barriers. An applicant that is a U.S. agricultural cooperative may also apply for funds to conduct its own brand promotion program. (b) Requests for evaluation information. CCC may request any information that it deems necessary to evaluate an application, including, but not limited to, performance measurement information. Applicants shall provide any requested information in the manner and according to the timeframe specified by CCC. (c) Special rules governing demonstration projects funded with CCC resources. CCC will consider proposals for demonstration projects, provided: (1) No more than one such demonstration project per constraint is undertaken within a market; (2) The constraint to be addressed in the target market is a lack of technical knowledge or expertise; (3) The demonstration project is a practical and cost-effective method of overcoming the constraint; and (4) A third party must participate in such project through a written agreement with the RAPP Participant. (d) Universal identifier and System for Award Management (SAM). In accordance with 2 CFR part 25, each entity that applies to the RAPP program and does not qualify for an exemption under 2 CFR 25.110 must: (1) Be registered in SAM prior to submitting an application or plan; (2) Maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by CCC; … | ||||||
| 7:7:10.1.2.3.41.0.344.5 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.14 Application review and formation of agreements. | CCC | (a) General. (1) CCC will review all proposals for eligibility and completeness. CCC will evaluate each eligible proposal against the factors described in the appropriate NOFO to identify those applications that it considers to best meet the criteria and objectives outlined in the NOFO. Based on its review and evaluation, CCC will, subject to the availability of funds, recommend an appropriate funding level for each proposal and submit the proposals and funding recommendations to the appropriate officials for decision. CCC may, when appropriate to the subject matter of the proposal, request the assistance of other U.S. Government experts in evaluating a proposal. All reviewers will be required to sign a conflict-of-interest form, and when conflicts of interests are identified the reviewer will be recused from the objective review process. (2) When considering applicant organizations, CCC may give priority to those organizations that have the broadest producer representation and affiliated industry participation of the commodity being promoted, as determined by CCC. CCC may require that an applicant participate in the RAPP through another RAPP Participant or applicant. (3) CCC will approve those applications that it determines best satisfy the criteria and factors specified in the NOFO. (4) CCC will notify each applicant in writing of the final disposition of its application. (b) Formation of agreements. CCC will send a program agreement (or amendment to an existing program agreement), an approval letter, and a signature card to each approved applicant. The program agreement or amendment and the approval letter will outline which activities and budgets are approved and will specify any special terms and conditions applicable to a RAPP Participant's program, including any requirements with respect to contributions and program evaluations. An applicant that decides to accept the terms and conditions contained in the program agreement or amendment and the approval letter must so indicate by having the appropr… | ||||||
| 7:7:10.1.2.3.41.0.344.6 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.15 Operational procedures for brand promotion programs. | CCC | (a) Where CCC approves an application by a RAPP Participant to run a brand promotion program that will include brand participants, the RAPP Participant shall establish brand program operational procedures. The RAPP Participant shall submit to CCC for approval its proposed brand program operational procedures. CCC will notify all RAPP Participants in writing in each Participant's approval letter as to applicable submission dates for and dates for approvals of brand program operation procedures. Such procedures shall include, at a minimum, a brand program application, application procedures, application review criteria, brand participant eligibility requirements, a participation agreement, reimbursement requirements, compliance requirements, reporting and recordkeeping requirements, employment practices, financial management requirements, contracting procedures, and evaluation requirements. The RAPP Participant must submit to CCC for approval any proposed changes to already approved brand program operational procedures before implementing such proposed changes. (b) The RAPP Participant shall not enter into any participation agreements with brand participants, nor shall it implement any RAPP brand activities, unless and until CCC has communicated in writing its approval of the proposed operational procedures to the RAPP Participant. (c) Where CCC approves a RAPP Participant's application to run a brand promotion program that will include brand participants, the RAPP Participant shall enter into participation agreements with brand participants. Brand participants' size may not exceed 300 percent of the applicable small business size standard as found in 13 CFR part 121. These agreements must: (1) Specify a time period for such brand promotion and require that all brand promotion expenditures be made within the RAPP Participant's approved budget period; (2) Make no allowance for extension or renewal; (3) Limit reimbursable expenditures to those made in countries and for activities approved in the brand participan… | ||||||
| 7:7:10.1.2.3.41.0.344.7 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.16 Contribution rules. | CCC | (a) In RAPP generic promotion programs, a RAPP Participant shall contribute a total amount in goods, services, and/or cash equal to at least 10 percent of the value of resources provided by the CCC for all generic promotion activities undertaken by the RAPP Participant. (b) In RAPP brand promotion programs, a RAPP Participant conducting its own brand promotion or a brand participant that is participating in the RAPP brand promotion program of another RAPP Participant shall contribute at least 50 percent of the total eligible expenditures submitted in accordance with § 1489.17 made on each approved brand promotion. (c) A RAPP Participant must use its own funds and may not use RAPP program funds to pay any administrative costs of the RAPP Participant's U.S. office(s), including legal fees, except as set forth in this part. Where the RAPP Participant uses its own funds to pay for administrative costs, such costs may be counted in calculating the amount of contributions the RAPP Participant contributes to RAPP generic or brand promotion programs. (d) Regarding eligible contributions: (1) In calculating the amount of contributions that it will make, and the contributions that the U.S. industry (including expenditures to be made by entities in the applicant's industry or agricultural sector in support of the entities' related promotion activities in the markets covered by the applicant's application) or State agency will make, the RAPP applicant may include the costs listed under paragraph (d)(2) of this section if such expenditures: (i) Are necessary and reasonable for accomplishment of an approved activity; (ii) Are not included as contributions for any other Federal award; and (iii) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to the matching or cost sharing requirements of other Federal programs. (2) Subject to paragraph (d)(1) of this section,… | ||||||
| 7:7:10.1.2.3.41.0.344.8 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.17 Reimbursement rules. | CCC | (a) A RAPP Participant may seek reimbursement for an eligible expenditure if: (1) The expenditure was necessary and reasonable for the accomplishment of an approved RAPP activity; and (2) The Participant has not been and will not be reimbursed for such expenditure by any other source. (b) Subject to paragraphs (a) and (d) of this section, as well as the cost principles in 2 CFR part 200 to the extent these principles do not directly conflict with the provisions of this part, for either brand or generic promotion activities, the CCC will reimburse, in whole or in part, the costs of: (1) Production and placement of advertising, in print, electronic media, billboards, or posters, which may include advertising the availability of price discounts, except that advertising associated with a coupon or price discount for the RAPP-promoted product is not reimbursable. If advertising is related to both coupons or price discounts for products other than the RAPP Participant's promoted products as well as for RAPP-promoted products, then expenditures for such advertising will not be reimbursed in whole or in part ( e.g., expenditures may not be prorated and submitted for reimbursement). Electronic media include, but are not limited to, radio, television, electronic mail, internet, telephone, text messaging, social media, and podcasting. (2) Production and distribution of banners, recipe cards, table tents, shelf talkers, and other similar point of sale materials. (3) Direct mail advertising. (4) In-store and food service promotions, product demonstrations to the trade and to consumers, and distribution of product samples (but not the purchase of the product samples, except as authorized in paragraph (c)(9) of this section). (5) Temporary displays and rental of space for temporary displays. (6) Expenditures, other than travel expenditures, associated with seminars and educational training, whether conducted in the United States or outside the United States. (7) Subject to paragraph (b)(18) of this section, expenditu… | ||||||
| 7:7:10.1.2.3.41.0.344.9 | 7 | Agriculture | XIV | C | 1489 | PART 1489—REGIONAL AGRICULTURAL PROMOTION PROGRAM | § 1489.18 Reimbursement procedures. | CCC | (a) Participants are required to use the CCC's UES system to request reimbursement for eligible expenditures under RAPP. (b) All claims for reimbursement shall be submitted by the RAPP Participant's U.S. office to the CCC through the UES system. (c) [Reserved] (d) The CCC will not reimburse claims submitted later than 6 months after the expiration date shown in the RAPP Participant's program agreement. (e) If the CCC overpays a reimbursement claim, then the RAPP Participant shall repay the CCC the amount of the overpayment either by submitting a check payable to the CCC or by offsetting its next reimbursement claim. The Participant shall make such payment within 30 calendar days of the date that they discover, or are made aware, of any overpayment. The RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance, in writing, by the CCC. (f) If a RAPP Participant receives a reimbursement or offsets an advanced payment that is later disallowed, the RAPP Participant shall repay the CCC within 30 days of such disallowance the amount disallowed either by submitting a check payable to the CCC or by offsetting its next reimbursement claim. The RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance, in writing, by the CCC. (g) RAPP funds may be expended by RAPP Participants only on legitimate, approved activities as set forth in the program agreement and approval letter. If a RAPP Participant discovers that RAPP funds have not been properly spent, it shall notify the CCC and shall within 30 calendar days of its discovery repay the CCC the amount owed either by submitting a check payable to the CCC or by offsetting its next reimbursement claim. The RAPP Participant shall make such payment in U.S. dollars. (h) The RAPP Participant shall report any actions that may have a bearing on the propriety of any claims for reimbursement in writing to CCC. |
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