cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
125 rows where part_number = 4284 and title_number = 7 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:15.1.19.2.7.2.35.1 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.501 Purpose. | RBS | This subpart implements the Rural Cooperative Development Grant (RCDG) Program. Grants are made to Nonprofit Institutions who in turn provide Technical Assistance including Cooperative Development to start, expand or improve Cooperatively and Mutually Owned Businesses in Rural Areas. | |||||
| 7:7:15.1.19.2.7.2.35.10 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.520 Applicant eligibility. | RBS | (a) Eligible Applicants. Applicants are eligible for assistance through this program if they meet the following requirements: (1) Applicant type. A Nonprofit Institution. (2) Applicant location. Applicant must be located in a State. (3) Unique entity identifier (UEI). Applicants must have a UEI and active registration through the System for Award Management (SAM) at SAM.gov unless exempt under 2 CFR 25.110. (4) Multiple grant eligibility. An Applicant may submit only one application in response to a solicitation. All applications submitted, regardless of the Applicant entity name, that include the same Executive Director, employees, Board, advisory boards or committees of an existing Center or a majority thereof will be determined ineligible for funding. (b) Ineligible Applicants. Applicants are ineligible for assistance through this program if one or more of the following occurs: (1) The Applicant is an individual, for-profit entity, or Public Body. (2) The Applicant is debarred or suspended or is otherwise excluded from, or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” See 2 CFR part 417 for more information. (3) The Applicant has an outstanding judgment obtained against the organization by the United States in a Federal Court (other than United States Tax Court). (4) The Applicant is delinquent on the payment of Federal income taxes. (5) The Applicant is delinquent on Federal debt. (6) The Applicant has been convicted of a felony criminal violation under any Federal law within the past 24 months. (7) The Applicant has unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (8) The Applicant has an award through this program that is not scheduled to end until after September 30 (for awards that began the p… | |||||
| 7:7:15.1.19.2.7.2.35.11 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.521 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.12 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.522 Project eligibility. | RBS | (a) Eligible Projects. Eligible Projects must meet all of the following requirements. Failure to meet one or more of these requirements means that the application will not be considered for funding. (1) Rurality. All Project activities must serve individuals, Cooperatively and Mutually Owned Businesses, small businesses, or other similar entities in Rural Areas. (2) Project focus. The Project must focus on establishing or operating a Center with the goals of creating jobs in Rural Areas through the development of new Rural Cooperatives, Value-Added processing, and Rural businesses. (3) Amount requested. The amount requested must not exceed any maximum amounts specified in the annual notification issued on the program website. (4) Matching Funds. Matching Funds may be provided in cash by the Applicant, or cash or in-kind by a third party and are required for 25 percent (or 5 percent if a 1994 Institution) of the Project Cost. For example, if an Applicant requests an award amount of $150,000, the Matching Funds contribution must be $50,000, and the overall Project Cost is $200,000. (i) Matching Funds. (A) Must be spent on eligible expenses. (B) Must be from non-Federal sources unless authorized to be used as Matching Funds by the legislation authorizing the Federal source of funding. (C) Must be spent in advance or as a pro-rata portion of grant funds being spent. (ii) In-kind contributions. (A) Cannot include over-valued, in-kind contributions. (B) You must be able to document and verify the number of hours worked and the value associated with any in-kind contribution being used to meet a Matching Funds requirement. (C) In-kind contributions provided by individuals, businesses, or Cooperatives which are being assisted by the Center cannot be provided for the direct benefit of their own Projects as USDA RD considers this to be a conflict of interest. (5) Use of funds. The Project must use grant and Matching Funds for allowable purposes. See § 4284.525. (6) Period of Performance. The Pe… | |||||
| 7:7:15.1.19.2.7.2.35.13 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.523-4284.524 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.14 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.525 Use of grant and Matching Funds. | RBS | (a) Allowable uses of grant and Matching Funds. The following types of activities and expenses are allowable: (1) Costs associated with establishing or operating a Center, including legal services, accounting services, clerical assistance, technical services, office supplies, hiring employees, monitoring contracts, professional development for staff, attending conferences that would advance Cooperative Development and its practice, and Board travel; (2) Technical Assistance including Cooperative Development as defined in § 4284.503; (3) Costs for coordination of services and sharing of information among the Centers; and (4) Providing loans and/or grants as Subawards per 2 CFR part 200 for Technical Assistance including Cooperative Development. (b) Unallowable uses of grant and Matching Funds. No funds under this subpart shall be used to: (1) Pay for the preparation of the grant application; (2) Pay any costs of the Project incurred prior to the date of grant approval; (3) Pay expenses not directly related to the funded Project; (4) Pay for Board/advisory council member's time; (5) Pay for the Operating Costs of any entity receiving assistance from the Recipient; (6) Fund R&D; (7) Duplicate activities paid for by another Federal grant program or activities charged to a previous RCDG Project; (8) Pay for assistance to any private business enterprise which does not have at least 51 percent ownership by those who are either citizens of the United States or reside in the United States after being legally admitted for permanent residence; (9) Pay for any goods or services from a person or entity who has a conflict of interest with the Recipient; (10) Pay any judgment or debt owed to the United States; (11) Purchase or make improvements to Real Property; (12) Plan, develop, repair, rehabilitate, acquire, or construct a building or facility; (13) Purchase, lease purchase, or install Equipment; (14) Purchase or pay for the repair of vehicles; or (15) Fund activities considered unallowable by the ap… | |||||
| 7:7:15.1.19.2.7.2.35.15 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.526-4284.529 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.16 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.530 Notifications. | RBS | The Agency will issue any program notifications on the program website. (a) Amount of funding available. The Agency will publish the amount of funding available for awards during each Fiscal Year within 30 calendar days of notification from OMB of the amount available. (b) Underserved and Economically Distressed Areas. The Agency will publish the source for identifying Underserved and Economically Distressed areas no later than the date the application period opens. (c) Additional merit evaluation criteria. The Agency may establish additional merit evaluation criteria to meet the Department's or Agency's key priorities, goals, and objectives. Any such criteria will be published no later than the date the application period opens. (d) Other. The Agency will publish any other additional requirements or programmatic changes no later than the date the application period opens. | |||||
| 7:7:15.1.19.2.7.2.35.17 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.531 Application requirements. | RBS | All applications must include the following: (a) Application forms. The following forms must be completed, signed, and submitted as part of the application. Any additional forms that may be required will be published in the applicable annual notification. (1) SF-424, “Application for Federal Assistance.” (2) SF-424 A, “Budget Information—Non-Construction Programs.” (b) Proposal. Each proposal must contain the following items. Additional items may be requested and will be published in the applicable annual notification. (1) Title page. (2) Table of contents. (3) A summary of the proposal should briefly describe the Center, the goals of the Project, and the amount requested. (4) Applicants must discuss how the following are met: (i) Eligibility requirements in § 4284.520; including how they identify as an Institution of Higher Education or Nonprofit Institution. (ii) Project eligibility requirements in § 4284.522; and (iii) Eligible use of grant and Matching Funds requirements in § 4284.525. (5) The proposal narrative should address how the Center will improve the economic conditions of Rural Areas by providing Technical Assistance including Cooperative Development. In particular, the Applicant must: (i) Substantiate that the Center will use RCDG funds to serve Rural Areas in the United States as defined in § 4284.503. (ii) Provide a description of the contributions that this Project is likely to make that will improve the economic conditions of the Rural Areas served by the Center. (iii) Discuss how the Center, in carrying out the activities, will seek, where appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal Government, Tribal Governments, and State and local governments. (iv) Discuss how the Center intends to take all practicable steps to develop continuing sources of financial support for the Center, particularly from sources in the private sector. Applicants should indicate what financial support … | |||||
| 7:7:15.1.19.2.7.2.35.18 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.532 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.19 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.533 Submission requirements. | RBS | Unless otherwise specified in an annual notification issued under § 4284.530, the following requirements apply to all applications. (a) Submission period. The application period opens on March 1 and closes 11:59 p.m. Eastern time, on June 1. Applicants are encouraged to submit their applications well in advance of the closing date to ensure timely receipt by the Agency. (b) Submission process. The annual notification will be published on the OMB-designated governmentwide website and will provide instructions on how and where to submit completed applications for RCDG funding. All items required for the application must be submitted in a single application package. Revisions or additional information will not be accepted after the application period closes. Incomplete applications will be rejected and not considered for funding. | |||||
| 7:7:15.1.19.2.7.2.35.2 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.502 Organization of subpart. | RBS | The information in this subpart is organized into six main topics: (a) General information. Sections 4284.501 through 4284.519 discuss the purpose of the program, definitions, exception authority, conflict of interest, and compliance with other laws and regulations. (b) Eligibility information. Sections 4284.520 through 4284.529 discuss the eligibility requirements for the program. The sections include information on Applicant eligibility, Project eligibility, and the use of funds. See § 4284.522 for information about the award amounts, Period of Performance, and Matching Funds requirements. (c) Application requirements information. Sections 4284.530 through 4284.539 discuss the requirements for submitting an application. The sections include information on what forms and other information are required for a complete application as well as the format of the application, the application deadline, and how to submit the application. (d) Application processing information. Sections 4284.540 through 4284.549 discuss how the Agency will process applications. The sections include information on how applications will be reviewed for eligibility, how applications will be evaluated for merit, and how an Applicant can withdraw an application from consideration. (e) Award information. Sections 4284.550 through 4284.559 discuss how the Agency will make awards. The sections include information about how applications will be selected for funding, how Applicants will be notified if their applications are selected for funding, how Applicants can resolve disputes regarding funding selections, and the requirements for an Applicant to accept an award and be approved as a Recipient of an award. (f) Post-award information. Sections 4284.560 through 4284.561 discuss the reporting requirements for Recipients after an award is approved as well as monitoring procedures that the Agency will use. (g) Other. (1) Sections 4284.562 through 4284.599 are reserved. (2) Section 4284.600 includes the Office of Management and B… | |||||
| 7:7:15.1.19.2.7.2.35.20 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.534-4284.539 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.21 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.540 Application processing. | RBS | The following information describes the way the Agency will process applications, including the evaluation of eligibility, risk, and merit. (a) Eligibility evaluation. The Agency will review all applications to determine if they are eligible for assistance based on the requirements in this subpart and other applicable Federal laws and regulations. In particular, the Agency will check the OMB designated repository of government information and, applicants that are excluded from Federal funding will be determined ineligible (see 2 CFR 200.206 for more information). An application must include all application requirements identified in § 4284.531, or the Agency will determine that it is ineligible for assistance. (b) Risk evaluation. The Agency will review those applications that are determined to be eligible for the program. (1) Typically, the Agency will not determine that an application is ineligible for funding based on the results of the risk evaluation, unless the Agency cannot find a way to reasonably mitigate the risk posed by making an award. (2) If risk evaluation findings identify significant shortcomings in the Applicant's ability to manage Federal funds, the Agency may determine that the application is ineligible for funding. (3) The Agency will determine if the Applicant has satisfactory performance for all Federal Awards received in the last five (5) years, based upon review of deficiencies reported in the Federal Awardee Performance and Integrity Information System, or its successor system, the Do Not Pay system, or its successor system, and the Agency's own internal financial and record-keeping systems and files. Satisfactory performance includes timely submission of required reports and documents, timely completion of tasks, and proper use of funds, including achieving the level of funds approved and committed for Underserved and Economically Distressed areas. (c) Merit evaluation (Up to 100 total points). The Agency will conduct a merit evaluation for those applications that are determ… | |||||
| 7:7:15.1.19.2.7.2.35.22 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.541 Application withdrawal. | RBS | During the period between the submission of the application and award approval, the Applicant must notify the Agency if the Project is no longer viable, or the Applicant is no longer requesting financial assistance for the Project. When the Applicant notifies the Agency, the application will be withdrawn from consideration for funding. | |||||
| 7:7:15.1.19.2.7.2.35.23 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.542-4284.549 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.24 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.550 Award selection. | RBS | Applications will be selected for further processing and consideration of an award after the merit evaluation process is completed for all eligible applications. Applications will be ranked solely based on the points awarded, and they will be funded in rank order until available funds are expended. If there is a tie, the Administrator of the Agency will use discretion to break the tie to improve the geographic diversity of Recipients and/or prioritize Projects that advance the Department or Agency's key priorities, goals, and objectives. If an application cannot be fully funded, the Agency may offer partial funding to the extent funds are available. If an application is ranked and not funded, it will not be carried forward into the next funding competition. | |||||
| 7:7:15.1.19.2.7.2.35.25 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.551 Notification of successful Applicants. | RBS | (a) The Agency will notify the Applicants whose applications can be funded using available funds with a Letter of Conditions. The Letter of Conditions will provide the conditions under which an award can be approved as well as a copy of the term of the award. (b) Applicants receiving a Letter of Conditions will have 60 calendar days to meet the conditions of the award. Some awards may be subject to additional conditions, depending on the nature of the Project and the Agency's determination of risk. The following additional forms must be completed by all successful Applicants: (1) Form RD 1942-46, “Letter of Intent to Meet Conditions.” (2) Form RD 1940-1, “Request for Obligation of Funds.” (3) Form RD 400-4, “Assurance Agreement.” (4) SF-LLL, “Disclosure of Lobbying Activities,” for entities that engage in lobbying activities. (5) Form RD 4280-2, “Rural Business-Cooperative Service Financial Assistance Agreement.” | |||||
| 7:7:15.1.19.2.7.2.35.26 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.552 Notification of unsuccessful Applicants. | RBS | Applicants whose applications are ineligible for financial assistance or did not score high enough to be funded will be notified as soon as is practicable. The notification will be in writing using an Adverse Decision Letter. This letter will outline the reason(s) for the Agency's decision and any dispute resolution alternatives available to the Applicant. | |||||
| 7:7:15.1.19.2.7.2.35.27 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.553 Award approval. | RBS | Applicants whose applications are eligible for financial assistance and that score high enough to be funded will have their awards approved by the Agency once the Applicant has met all of the conditions of the award. The approval will be conveyed through the execution of Form RD 4280-2, which is the Financial Assistance Agreement, and provides all terms of the award. Once the award has been approved, the Recipient may begin work on the Project and incur costs. | |||||
| 7:7:15.1.19.2.7.2.35.28 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.554 Multi-year award. | RBS | The Agency may provide a multi-year funding opportunity to previous Recipients. If the Agency provides a multi-year funding opportunity, the application requirements and award process will be included in the annual notification. | |||||
| 7:7:15.1.19.2.7.2.35.29 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.555-4284.559 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.3 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.503 Definitions. | RBS | These are the definitions for terms used in this subpart. Additional terms used in this subpart are found in the applicable laws and regulations, in particular 2 CFR part 200 and 7 CFR part 11. 1994 Institution means a college identified as such for purposes of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). Adverse Decision has the meaning located at 7 CFR 11.1. Adverse Decision Letter means a letter issued by the Agency to the Applicant or Recipient that explains the Adverse Decision. Agency means the Rural Business-Cooperative Service (RBCS or the Agency), an agency of the United States Department of Agriculture (USDA or the Department), or a successor agency. Applicant means the Nonprofit Institution that is applying for funding through the RCDG program. Board of Directors (Board) means the group of individuals that manage or direct the Center. Business Plan means a formal statement of a set of business goals, the reasons why they are believed attainable, and the plan for reaching those goals, including pro forma financial statements appropriate to the term and scope of the Project and sufficient to evidence the viability of the Project. It may also contain background information about the organization or team attempting to reach those goals. Center means the Rural Cooperative Development Center to be established and/or operated by a Recipient of the RCDG program. Cooperative means a business or organization owned, democratically governed, controlled and operated by those who use and benefit from it. Profits and losses generated by the organization are distributed in proportion to use as patronage to the user-owners, also known as members. Investment returns to non-members are limited. Cooperative Development refers to a type of Technical Assistance that establishes and promotes Cooperative businesses through hands-on activities, often but not exclusively, assisting a group through a series of stages. These stages include but are not limited to the following: i… | |||||
| 7:7:15.1.19.2.7.2.35.30 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.560 Reporting requirements. | RBS | Recipients are required to submit financial reports and performance reports on a semi-annual basis. A final financial report and performance report must also be submitted within 120 days after the expiration or termination of the grant. (a) Failure to submit either a financial report or a performance report within the specified timeframes may result in the Agency withholding grant funds. (b) Recipients must complete the Project in accordance with the terms and conditions specified in the approved work plan and budget, the Financial Assistance Agreement, and the Letter of Conditions. (c) Recipients must expend funds only for eligible purposes and will be monitored by the Agency for compliance. Recipients must maintain a financial management system and maintain compliance with Federal Cost Principles in accordance with 2 CFR parts 200 through 299. (1) Reporting format and timing. All performance reports must include a discussion on the performance metrics discussed in the application to determine whether the primary goals and objectives proposed in the approved work plan and budget were accomplished during the reporting period. Formatting of financial reports and performance reports, as well as timing for submission of these reports can be found in the Financial Assistance Agreement. (2) Project outcome performance report. Once the Project is complete, the Recipient must provide the Agency with two annual outcome performance reports. Formatting and submission requirements for this report are included in the Financial Assistance Agreement. | |||||
| 7:7:15.1.19.2.7.2.35.31 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.561 Monitoring awards. | RBS | Awards will be monitored by Agency personnel in accordance with applicable laws, regulations, and policies (see § 4284.508 for more information). The Agency will designate a contact person for each award. The Agency may terminate or suspend the award for lack of adequate or timely progress, reporting, documentation, or for failure to comply with Agency requirements. | |||||
| 7:7:15.1.19.2.7.2.35.32 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.562-4284.599 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.33 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.600 OMB control number. | RBS | The reporting and recordkeeping requirements contained in this subpart have been approved by OMB and have been assigned OMB control number 0570-0006 in accordance with the Paperwork Reduction Act of 1995. | |||||
| 7:7:15.1.19.2.7.2.35.4 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.504 Exception authority. | RBS | The Administrator of the Agency may, on a case-by-case basis, grant an exception to any non-statutory requirement or provision of this subpart provided that such exception is in the best financial interests of the Federal Government. Exercise of this authority cannot be in conflict with applicable laws. | |||||
| 7:7:15.1.19.2.7.2.35.5 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.505 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.6 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.506 Conflict of interest. | RBS | No conflict of interest or appearance of conflict of interest will be allowed. (a) Description. A conflict of interest occurs in a situation in which a person or entity has a competing, or the appearance of a competing, personal, professional, or financial interest that makes it difficult for the person or entity to act impartially. For purposes of this subpart, interactions among the following individuals constitute a conflict of interest or appearance of a conflict of interest: (1) Applicant Board, employees, consultants, and contractors. (2) Recipient Board, employees, consultants, and contractors. (3) Center Board, employees, consultants, and contractors. (4) Subrecipients and their employees, consultants, and contractors. (5) Immediate family members of those listed in paragraphs (a)(1) through (4) of this section. (b) Written disclosure. Recipients must comply with 2 CFR 400.2(b), which requires written disclosure of any potential conflicts of interest and maintaining written standards of conduct covering conflicts of interest and governing the performance of its employees in the selection, award, and administration of Federal Awards. (c) Assistance to employees, relatives, and associates. The Agency will process any requests for assistance under this subpart in accordance with 7 CFR part 1900, subpart D. (d) Member/delegate clause. No member of or delegate to Congress shall receive any share or part of this grant or any benefit that may arise therefrom; but this provision shall not be construed to bar, as a contractor under the grant, a publicly held corporation whose ownership might include a member of Congress. | |||||
| 7:7:15.1.19.2.7.2.35.7 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.507 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.2.35.8 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | § 4284.508 Compliance with other laws and regulations. | RBS | The Agency, Applicants, and Recipients must comply with all applicable laws and regulations. An effort has been made to identify the most-commonly cited laws and regulations and to reference them as follows: (a) Federal laws. Federal laws are codified in the United States Code (U.S.C.). A selection of laws is identified as follows: (1) Equal Credit Opportunity Act (15 U.S.C. 1691 et seq. ). (2) Consumer Credit Protection Act (15 U.S.C. 1601 et seq. ). (3) Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ). (4) The Civil Rights Act of 1964, Title VI (42 U.S.C. 2000d et seq. ). (5) The Rehabilitation Act of 1973, Section 504 (29 U.S.C. 794). (b) Federal regulations. Federal regulations are codified in the Code of Federal Regulations (CFR). In particular, 2 CFR parts 1 through 200 address items such as universal identifiers, reporting Subaward and executive compensation, debarment and suspension, drug-free workplaces, administrative requirements, cost principles, and audit requirements. We particularly encourage Applicants and Recipients to become familiar with 2 CFR part 200 in its entirety. (c) Departmental regulations. Departmental regulations are those regulations that are specific to awards made through the USDA. They are codified in the CFR. A selection of applicable regulations is identified as follows:. (1) 2 CFR parts 400 through 499. These parts include USDA's adoption of Federal administrative requirements and cost principles. They also include regulations on debarment and suspension, lobbying, drug-free workplaces, and research awards. (2) 7 CFR part 11. This part includes USDA's procedures for administrative appeals, as handled by its National Appeals Division. (3) 7 CFR part 15. This part includes USDA's procedures for compliance with nondiscrimination laws and regulations. (d) Agency regulations. Agency regulations are those regulations that are specific to awards made through the Agency and they may also be specific to a program. They are codified in the … | |||||
| 7:7:15.1.19.2.7.2.35.9 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | F | Subpart F—Rural Cooperative Development Grants | §§ 4284.509-4284.519 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.1 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.901 Purpose. | RBS | This subpart implements the Value-Added Agricultural Product Market Development grant program (Value-Added Producer Grants (VAPG)) that provides grants to support Agricultural Producers' for-profit businesses that produce and market Value-Added Agricultural Products. | |||||
| 7:7:15.1.19.2.7.4.35.10 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.916 Reserved funds. | RBS | (a) The following reserved funds will be made available each Fiscal Year: (1) 10 percent of total program funding to fund Projects that benefit Beginning Farmers or Ranchers or Socially-Disadvantaged Farmers or Ranchers; and (2) 10 percent of total program funding to fund Projects where a majority of the requested grant amount goes to improving Food Safety for the purpose of enhancing market access; and (3) 10 percent of total program funding to fund Projects that propose development of Mid-Tier Value Chains. (b) Reserved funds not obligated by September 30 of each Fiscal Year shall be available to the Secretary in the next Fiscal Year to make grants under this subpart to eligible Applicants in the general funds competition. | |||||
| 7:7:15.1.19.2.7.4.35.11 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.917-4284.919 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.12 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.920 Eligible Applicants. | RBS | Applicants are eligible for assistance through this program if all of the following requirements are met: (a) System for Award Management (SAM) registration, General Certifications and Representations and unique entity identifier (UEI). At the time of application, each Applicant must have an active registration in SAM before submitting its application in accordance with 2 CFR part 25. This registration must remain current, accurate and complete at all times during which the Applicant has an active Federal award or an application under consideration. The Applicant must also obtain a UEI through SAM.gov. (b) Legal authority. Applicants must certify that they have the legal authority to carry out the purpose of the grant, and/or their business is in good standing in the State where it is incorporated and/or in the State that is the primary location of an applicant's business operations for the VAPG Project. (c) Applicant type. The Applicant meets the definition for one of the following Applicant types—Agricultural Producer, Agricultural Producer Group, Farmer or Rancher Cooperative, or Majority-Controlled Producer-Based Business Venture. (1) Agricultural Producer. An Applicant applying as an Agricultural Producer must identify each owner member by name or class, provide the percentage of ownership of each owner member, and discuss how each owner member meets the definition of Agricultural Producer. (i) A Steering Committee must apply as an Agricultural Producer and discuss how it intends to form a program-eligible legal entity prior to execution of the Financial Assistance Agreement by the Agency. (ii) A Harvester must apply as an Agricultural Producer and document its legal right to access and harvest the Agricultural Commodity that will be used for the Value-Added Agricultural Product. (2) Agricultural Producer Group. An Applicant applying as an Agricultural Producer Group must identify each Agricultural Producer member by name or class, provide the percentage of ownership of each member, discuss… | |||||
| 7:7:15.1.19.2.7.4.35.13 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.921 Ineligible Applicants. | RBS | Applicants are ineligible for assistance through this program if one or more of the following has occurred: (a) The Applicant is debarred or suspended or is otherwise excluded from, or ineligible for participation in, Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” (b) An outstanding judgement has been obtained against the Applicant by the United States in a Federal court (other than U.S. Tax Court). (c) The Applicant is delinquent on the payment of Federal income taxes or is delinquent on Federal debt. (d) The Applicant has been convicted of a felony criminal violation under any Federal law within the past 24 months. (e) The Applicant has unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (f) The Applicant submits multiple applications from separate entities, owners, and/or owner(s) of the legal entity (regardless of ownership percentage), or from a parent, subsidiary or affiliated organization (with “affiliation” defined by the Small Business Administration regulation 13 CFR 121.103, or successor regulation) during the same grant cycle. This is not applicable to Applicants who are also applying as a member of a Farmer or Rancher Cooperative or an Agricultural Producer Group. | |||||
| 7:7:15.1.19.2.7.4.35.14 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.922 Project eligibility. | RBS | Eligible Projects must meet all of the following requirements. Failure to meet one or more of these requirements means that the application will not be eligible for funding. (a) Project focus. The Project must focus on allowable Planning or Working Capital Grant activities as described at § 4284.925, as applicable, with eligible tasks directly related to the processing and/or marketing of the subject Value-Added Agricultural Product. (b) Project type. The Project must fit one of the following purposes: (1) Emerging Market Project as defined in § 4284.903. (2) Market Expansion Project as defined in § 4284.903. (3) Food Safety Project as defined in § 4284.903. (c) Product(s). Each product that is the subject of the Project must meet the definition of a Value-Added Agricultural Product. The Applicant must be currently producing the Agricultural Commodity for each Value-Added Agricultural Product that is the subject of the Project. All Applicants seeking Working Capital Grant funds must also be marketing the subject Value-Added Agricultural Product(s) or ready to implement the Working Capital Grant activities in accord with the budget and work plan timeline. (d) Amount requested. The amount requested must not exceed any maximum amounts specified in the annual notification issued on the program website, per § 4284.930. (e) Period of Performance. The Period of Performance cannot exceed three (3) years. (f) Matching Funds. Matching Funds must come from eligible sources without a real or apparent conflict of interest and be used for eligible Project expenses during the Period of Performance. Matching Funds must be confirmed and provided in the form of: (1) Applicant or third-party cash; (2) Applicant loan, or line of credit; (3) Non-Federal grant sources (unless otherwise provided by law); or (4) Applicant, family member, or third-party in-kind contribution. (i) In-kind contributions must be appropriately valued with an adequate explanation of the basis for the valuation ( e.g., reference compa… | |||||
| 7:7:15.1.19.2.7.4.35.15 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.923 Reserved funds eligibility. | RBS | Applicants must meet the applicable requirements in this section to compete for reserved funds. (a) Beginning Farmer or Rancher. Applicants must demonstrate that they meet the definition of a Beginning Farmer or Rancher. The Applicant must self-certify that more than 50 percent of its owners are a Beginning Farmer or Rancher. (b) Socially-Disadvantaged Farmer or Rancher. Applicants must demonstrate that an individual or individuals that qualify as a Socially-Disadvantaged Farmer or Rancher own more than 50 percent of the Applicant Farm or Ranch organization. Applicants must provide a self-certification from the individual owner(s) indicating they are a member of a Socially-Disadvantaged Group. (c) Food Safety. If the Applicant is applying for Food Safety reserved funds, the Applicant must describe the need or requirement for training, certifications, and/or supplies and equipment. This reserve is for Applicants where more than 50 percent of the Project Cost is for post-harvest Food Safety purposes related to the processing and/or marketing of a Value-Added Agricultural Product. (d) Mid-Tier Value Chain. The Applicant must: (1) Provide documentation demonstrating that the Project meets the definition of Mid-Tier Value Chain; (2) Demonstrate that the Project proposes development of a Local or Regional Supply Network of an interconnected group of entities (including nonprofit organizations, as appropriate) through which Agricultural Commodities and Value-Added Agricultural Products move from production through consumption in a local or regional area of a State, including a description of the network, its component members, either by name or by class, and its purpose. Applicant ownership of the Agricultural Commodity and Value-Added Agricultural Product from raw through value-added stages is not necessarily required; (3) Describe at least two alliances, linkages, or partnerships within the value chain that link Agricultural Producers with businesses, cooperatives, or consumers that market value-added A… | |||||
| 7:7:15.1.19.2.7.4.35.16 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.924 Priority points eligibility. | RBS | Applicants that demonstrate eligibility may apply for priority points if their applications: propose Projects that contribute to increasing opportunities for Beginning Farmers or Ranchers, Socially-Disadvantaged Farmers or Ranchers, Veteran Farmers or Ranchers, or operators of Small- or Medium-Sized Farms or Ranches that are structured as a Family Farm or propose Mid-Tier Value Chain Projects; or are a Farmer or Rancher Cooperative. A Harvester is eligible for priority points only if the Harvester is proposing a Mid-Tier Value Chain Project. (a) Applicants seeking priority points as Beginning Farmers or Ranchers or as Socially Disadvantaged Farmers or Ranchers must provide certifications specified in § 4284.923(a) or (b), as applicable. (b) Applicants seeking priority points as Veteran Farmers or Ranchers must provide a self-certification that they meet the definition of a Veteran Farmer or Rancher. (c) Applicants seeking priority points as operators of Small- or Medium-Sized Farms or Ranches that are structured as a Family Farm must provide a self- certification that they meet the definition of a Small- or Medium-Sized Farm or Ranch that is structured as a Family Farm; that the owners meet the definition of Immediate Family and are primarily responsible for the daily physical labor and management of the Farm or Ranch with hired help merely supplementing the family labor. (d) Applicants seeking priority points for Mid-Tier Value Chain Projects must be one of the four eligible Applicant types and provide the documentation specified in § 4284.923(d)(1) through (7), demonstrating that the Project meets the Mid-Tier Value Chain definition. (e) Applicants seeking priority points for a Farmer or Rancher Cooperative must: (1) Demonstrate that it is a business owned and controlled by Agricultural Producers that is legally incorporated as a cooperative; or that it is a business owned and controlled by Agricultural Producers that is not legally incorporated as a cooperative, but is identified by the State in which it… | |||||
| 7:7:15.1.19.2.7.4.35.17 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.925 Allowable uses of grant and Matching Funds. | RBS | (a) Planning grants. Funds may only be used to pay a Qualified Consultant to conduct and develop a Feasibility Study, Business Plan, and/or Marketing Plan associated with the post-harvest processing and/or marketing of a Value-Added Agricultural Product. (b) Working capital grants. Funds may be used to pay the Project's eligible post-harvest operational costs directly related to the processing and/or marketing of the Value-Added Agricultural Product. Examples of eligible working capital expenses include purchasing a financial accounting system for the Project; paying salaries of employees (excluding owners and Immediate Family) to process and/or market and deliver the Value-Added Agricultural Product to consumers; paying for additional Agricultural Commodity inventory (less than 50 percent of the amount required for the Project) from an unaffiliated third party, necessary to produce the Value-Added Agricultural Product; paying for a marketing campaign for the Value-Added Agricultural Product; paying costs incurred in obtaining post-harvest Food Safety certification; and using up to $6,500 of the amount of a grant to purchase or upgrade post-harvest Equipment to improve Food Safety. | |||||
| 7:7:15.1.19.2.7.4.35.18 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.926 Unallowable uses of grant and Matching Funds | RBS | (a) Unallowable uses of grant and Matching Funds awarded under this subpart include, but are not limited to: (1) Support costs for services or goods going to or coming from a person or entity with a real or apparent conflict of interest, such as paying the salary of an Immediate Family member of a Recipient owner, employee, officer, or Agency, except as specifically noted for in-kind Matching Funds in § 4284.922; (2) Pay costs for scenarios with noncompetitive trade practices; (3) Plan, repair, rehabilitate, acquire, or construct a building or facility (including a processing facility); (4) Purchase, lease purchase, or install fixed Equipment, including processing Equipment, except as specifically noted in § 4284.925(b); (5) Purchase or repair vehicles, including boats; (6) Pay for the preparation of the grant application; (7) Pay expenses not directly related to the funded Project for the processing and marketing of the Value-Added Agricultural Product; (8) Fund research and development; (9) Fund any activities prohibited by 2 CFR parts 200 through 400, and 48 CFR part 31, subpart 31.2; (10) Fund architectural or engineering design work; (11) Fund expenses related to the production of any Agricultural Commodity or product, including, but not limited to production planning, purchase of seed or rootstock or other production inputs, labor for cultivation or harvesting crops, labor for repotting and/or maintenance of live plants, and delivery of Agricultural Commodity to a processing facility; (12) Conduct activities on behalf of anyone other than a specifically identified Agricultural Producer or group of Agricultural Producers, as identified by name or class. The Agency considers conducting industry-level Feasibility Studies or Business Plans, that are also known as Feasibility Study templates or guides or Business Plan templates or guides, to be ineligible because the assistance is not provided to a specific group of Agricultural Producers; (13) Duplicate activities charged to another Federal award o… | |||||
| 7:7:15.1.19.2.7.4.35.19 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.927 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.2 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.902 Organization of subpart. | RBS | The information in this subpart is organized into six main topics: (a) General information. Sections 4284.901 through 4284.919 discuss the purpose of the program, definitions, exception authority, conflict of interest, compliance with other laws and regulations, and reserved funds. (b) Eligibility information. Sections 4284.920 through 4284.929 discuss the eligibility requirements for the program. The sections include information on Applicant eligibility, Project eligibility, reserved funds eligibility, priority points eligibility, and the use of funds. (c) Application requirements information. Sections 4284.930 through 4284.939 discuss the requirements for submitting an application. The sections include information on what forms and other information are required for a complete application as well as the format of the application, the application deadline, and how to submit the application. (d) Application processing information. Sections 4284.940 through 4284.949 discuss how the Agency will process applications. The sections include information on how applications will be reviewed for eligibility, how applications will be evaluated for merit, and how an Applicant can withdraw an application from consideration. (e) Award information. Sections 4284.950 through 4284.959 discuss how the Agency will make awards. The sections include information about how applications will be selected for funding, how Applicants will be notified whether their applications have been selected for funding, how Applicants can resolve disputes regarding funding selections, and the requirements for an Applicant to accept an award and be approved as a recipient of an award. (f) Post-award information. Sections 4284.960 through 4284.962 discuss the reporting requirements for recipients after an award is approved as well as monitoring procedures that the Agency will use. (g) Other. (1) Sections 4284.963 through 4284.999 are reserved. (2) Section 4284.1000 includes the Office of Management and Budget (OMB) control number … | |||||
| 7:7:15.1.19.2.7.4.35.20 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.928 Funding limitations. | RBS | (a) Grant funds may be used to pay up to 50 percent of the Project Costs, subject to the limitations established for the maximum total grant amount. (b) The maximum grant amount provided to a Recipient in any one (1) year shall not exceed the amount announced in an annual notification issued on the program website pursuant to § 4284.930, but in no event may the total amount of grant funds provided to a grant Recipient exceed $500,000. (c) The aggregate amount of awards to Majority-Controlled Producer-Based Business Ventures may not exceed 10 percent of the total funds obligated under this subpart during any Fiscal Year. (d) Not more than 2.5 percent of funds appropriated each year may be used to fund the Agricultural Marketing Resource Center, to support electronic capabilities to provide information regarding research, business, legal, financial, or logistical assistance to Agricultural Producers and processors. | |||||
| 7:7:15.1.19.2.7.4.35.21 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.929 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.22 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.930 Notifications. | RBS | The Agency will issue any public notifications on the program website. (a) Amount of funding available. The Agency will publish the amount of funding available for awards during each Fiscal Year within 30 calendar days of notification from OMB of the amount available. (b) Administrator/State Director points. The Agency will publish the priority categories to be used for awarding Administrator or State Director points no later than the date the application period opens. Priority categories may include any of the following: (1) Unserved or underserved areas; (2) Geographic diversity; (3) Emergency conditions; or (4) Priority Department and mission area priorities, goals, and objectives. (c) Other. The Agency will publish any other additional requirements or programmatic changes no later than the date the application period opens. | |||||
| 7:7:15.1.19.2.7.4.35.23 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.931 Application requirements. | RBS | All applications must include the following items: (a) Application forms. The application must include the following forms (or their successor) and any additional forms listed in the annual notification for the program. (1) SF-424, “Application for Federal Assistance.” This form must be filled out completely and signed by an authorized representative of the Applicant organization. (2) SF-424A, “Budget Information-Non-Construction Programs.” This form must be filled out completely. (b) Executive summary. Applications must include a one-page executive summary containing the legal name of the Applicant entity, application type (Planning or Working Capital Grant), Applicant type, amount of grant request, a Project summary, whether a simplified application is being submitted, and must explicitly state whether reserved funds are being requested. (c) Eligibility discussion. The Applicant must discuss how: (1) Applicant eligibility requirements in § 4284.920 are met; (2) Project eligibility requirements in § 4284.922 are met; and (3) Allowable use of grant and Matching Funds requirements in § 4284.925 are met. (d) Proposal evaluation criteria. Applicants for both Planning and Working Capital Grants must address each proposal evaluation criterion identified in § 4284.940 in narrative form. (e) Certification of Matching Funds. Applicants must certify that: (1) Matching Funds will be spent in advance of grant funding, such that for every dollar of grant funds disbursed, not less than an equal amount of Matching Funds will have been expended prior to submitting the request for reimbursement; and (2) If Matching Funds are proposed in an amount exceeding the grant amount, those Matching Funds must be spent at a proportional rate equal to the match-to-grant ratio identified in the budget. (f) Reserved funds/priority points documentation. Applicants must identify their priority category, as applicable, and provide the required supporting documentation indicated in §§ 4284.923 and 4284.924 for that ca… | |||||
| 7:7:15.1.19.2.7.4.35.24 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.932 Simplified application. | RBS | Applicants that will submit an application where paragraphs (a), (b), and/or (c) of this section apply may submit a simplified application, which means submission of a Feasibility Study or Business Plan for the Project is not required. The waiver of the requirement to submit a Feasibility Study and Business Plan does not change the proposal evaluation or scoring criteria that pertain to issues that might be supported by a Feasibility Study or Business Plan, so Applicants are encouraged to thoroughly document applications with their Project plans and expectations for success. All other eligibility requirements remain the same. (a) Working Capital Grant request of less than $50,000. Applicants requesting less than $50,000 may submit a Market Expansion or Emerging Market simplified application. These types of applications must provide adequate documentation to demonstrate the expected increases in customer base and revenues resulting from the Project that will benefit the Applicant(s) supplying more than 50 percent of the Agricultural Commodity for the Project. (b) Market Expansion request of $50,000 or more. Agricultural Producers who can demonstrate that their Project meets the definition of Market Expansion, may submit a simplified application. Applicants must submit a Marketing Plan with their simplified application. However, a Business Plan may be submitted in lieu of a Marketing Plan. Agricultural Producer Group, Farmer or Rancher Cooperative, and Majority-Controlled Producer-Based Business Venture applicant types are not eligible for Market Expansion Projects. (c) Food Safety. Applicants that will submit an application where more than 50 percent of the Project Costs will be used for post-harvest Food Safety purposes related to the processing and/or marketing of a Value-Added Agricultural Product may submit a simplified application. | |||||
| 7:7:15.1.19.2.7.4.35.25 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.933 Submission requirements. | RBS | Unless otherwise specified in a notification issued under § 4284.930, the following requirements apply to all applications. (a) Submission period. (1) The application period opens November 1. Applications received prior to the opening date in a given Fiscal Year will automatically be considered ineligible and will not be evaluated further. (2) The application period closes on February 15. Applications received after the closing date will not be considered for funding. Thus, applicants are encouraged to submit their applications well in advance of the closing date to ensure timely receipt by the Agency. Revisions or additional information will not be accepted after the application period closes on February 15. (b) Submission process. All items required for the application must be submitted in a single application. No attachments other than the required items will be considered. Incomplete applications will automatically be considered ineligible and will not be evaluated further. The annual notification for the program will be published on the OMB-designated governmentwide website and will provide instructions on how and where to submit completed applications for VAPG funding. | |||||
| 7:7:15.1.19.2.7.4.35.26 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.934-4284.939 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.27 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.940 Application processing. | RBS | (a) Eligibility evaluation. The Agency will review all applications to determine if they are eligible for assistance based on the requirements in this subpart and other applicable Federal laws and regulations. An application must include all application requirements identified in § 4284.931, or the Agency will determine that it is not eligible for assistance. (b) Risk evaluation. (1) The Agency will review those applications that are determined to be eligible for the program for risk based on the following information. Typically, the Agency will not determine that an application is ineligible for funding based on the results of the risk evaluation, unless the Agency cannot find a way to reasonably mitigate the risk posed by making an award. However, if risk evaluation findings identify significant shortcomings in the Applicant's ability to manage Federal funds, the Agency may determine that the application is not eligible for funding. (2) The Agency will determine if the Applicant has satisfactory performance for all Federal awards received in the last five (5) years, based upon review of deficiencies reported in the Federal Awardee Performance and Integrity Information System, or its successor system, the Do Not Pay system, or its successor system, and the Agency's own internal financial and record-keeping systems and files. Satisfactory performance includes timely submission of required reports and documents, timely completion of tasks, and proper use of funds. (c) Merit evaluation. The Agency will conduct a merit evaluation for those applications that are determined to be eligible for the program. The maximum number of points that will be awarded to an application is 100 points. The Agency's annual notification will provide additional instructions to assist Applicants when responding to the criteria in paragraphs (c)(1) through (7) of this section. The merit evaluation will be based on the following criteria, but may be amended at the Agency's discretion: (1) Nature of the proposed venture (0 to 30 … | |||||
| 7:7:15.1.19.2.7.4.35.28 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.941 Application withdrawal. | RBS | During the period between the submission of the application and award approval, the Applicant must notify the Agency if the Project is no longer viable or the Applicant is no longer requesting financial assistance for the Project. When the Applicant notifies the Agency, the application will be withdrawn from consideration for funding. | |||||
| 7:7:15.1.19.2.7.4.35.29 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.942-4284.949 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.3 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.903 Definitions. | RBS | These are the definitions for terms used in this subpart. Additional defined terms used in this subpart may be found in the applicable laws and regulations cited in § 4284.908, in particular 2 CFR part 200. If a term is defined differently in an applicable regulation and in this subpart, such term shall have the meaning as found in this subpart. Agency means the Rural Business-Cooperative Service (RBCS or the Agency), an agency of the United States Department of Agriculture (USDA or the Department), or a successor agency. Agricultural Commodity means an unprocessed product of Farms, Ranches, nurseries, and forests and natural and man-made bodies of water, that the Agricultural Producer has cultivated, raised, or harvested with legal access rights. Agricultural Commodities include plant and animal products and their by-products, such as crops, forestry products, hydroponics, nursery stock, aquaculture, meat, on-Farm generated manure, and fish and seafood products. Agricultural Commodities do not include animals raised or sold as pets, such as cats, dogs, and ferrets. Agricultural Food Product refers to raw, cooked, or processed edible substances, beverages, or ingredients intended for human consumption. Agricultural Producer, Independent Producer or Producer means a for-profit agricultural business, or entity that is 100 percent owned and controlled by an individual, entity or Family Farm that produces an Agricultural Commodity through participation in the day-to-day labor, management, and field operations; or that has the legal right to harvest an Agricultural Commodity that is the subject of the VAPG Project. Agricultural Producer Group means a non-profit membership organization that represents Agricultural Producers and whose mission includes working on behalf of Agricultural Producers and more than 50 percent of whose membership and board of directors is comprised of Agricultural Producers. Applicant means the legal entity and/or owner(s) of the legal entity (regardless of ownership percentage), su… | |||||
| 7:7:15.1.19.2.7.4.35.30 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.950 Award selection. | RBS | (a) Applications will be selected for further processing and consideration of an award after the merit evaluation process is completed for all eligible applications. Each eligible application will be scored on criteria 1 through 6 as detailed in the annual notification. The scores will be ranked highest to lowest and this will comprise the initial application ranking. Applications will be ranked solely on the points awarded by the reviewers, unless there is a tie. In that case, the Administrator of the Agency (or State Director) will break the tie at his or her discretion based on evaluation criterion 7. (b) Applications for reserved funds will be funded in rank order until funds are depleted. Unfunded reserve applications will then compete for general funds where applications will be funded in rank order until available funds are expended or the minimum score for funding of 50 points is reached. Funding for Majority Controlled Producer-Based Business Ventures is limited to 10 percent of total grant funds expected to be obligated each funding cycle. These applications will be funded in rank order until the funding limitation has been reached. (c) If an application cannot be fully funded, the Agency will offer partial funding to the extent funds are available. If the Applicant offered partial funding does not accept, the Agency will offer the funding to the next highest-ranked Applicant until an Applicant is found that accepts the funding or no additional eligible Applicants exist. If an application is ranked and not funded, it will not be carried forward into the next Fiscal Year competition. | |||||
| 7:7:15.1.19.2.7.4.35.31 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.951 Notification of successful Applicants. | RBS | (a) The Agency will notify the Applicants whose applications can be funded with a Letter of Conditions. The Letter of Conditions will provide the conditions under which an award can be approved as well as a copy of the term of the award. Applicants receiving a Letter of Conditions will have up to 90 calendar days to meet the conditions of the award. If the Applicant agrees with the conditions, the Applicant must complete an applicable Form RD 1942-46, Letter of Intent to Meet Conditions. If the Applicant believes that certain conditions cannot be met, the Applicant may propose alternate conditions to the Agency. The Agency must concur with any proposed changes to the Letter of Conditions by the Applicant before the application will be processed further. If the Agency agrees to any proposed changes, the Agency will issue a revised or amended Letter of Conditions that defines the final conditions under which the grant will be made. However, if an Applicant does not meet the conditions, the Agency will discontinue processing the application. (b) All successful Applicants must complete the following additional forms and provide the following additional documentation: (1) Form RD 1942-46, “Letter of Intent to Meet Conditions.” Completion of this form confirms the Applicant's commitment to meeting the conditions of the award. (2 Form RD 400-4, “Assurance Agreement.” Completion of this form confirms the Applicant's commitment to complying with Federal laws and policies regarding prohibition of discrimination. (3) Form SF-LLL, “Disclosure of Lobbying Activities.” Completion of this form is only required for those entities that engage in lobbying activities. (4) Form RD 4280-2, “Rural Business-Cooperative Service Financial Assistance Agreement.” This form must be filled out completely and signed by an authorized representative of the Applicant organization and an authorized representative from the Agency for the grant award to be considered a valid agreement between the parties. (5) Performance evaluation c… | |||||
| 7:7:15.1.19.2.7.4.35.32 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.952 Notification of unsuccessful Applicants. | RBS | Applicants whose applications are not eligible for financial assistance or did not score high enough to be funded will be notified. The notification will be in writing using an adverse decision letter. This letter will outline the reason(s) for the Agency's decision and provide dispute resolution alternatives. | |||||
| 7:7:15.1.19.2.7.4.35.33 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.953-4284.959 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.34 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.960 Reporting requirements. | RBS | Recipients are required to submit financial reports and performance reports on a semiannual basis. Semiannual periods end on March 31st and September 30th. Reports are due 30 calendar days after the end of the semiannual period. A final financial report and performance report must also be submitted within 120 days after the expiration or termination of the grant. Failure to submit a performance report within the specified timeframes may result in the Agency withholding grant funds. (a) Financial reports. Form SF-425, “Federal Financial Report,” must be used for financial reporting. Financial reports must also include evidence of receipt of Matching Funds. Recipients must complete the Project per the terms and conditions specified in the approved work plan and budget, the Financial Assistance Agreement, and Letter of Conditions. Recipients will expend funds only for eligible purposes and will be monitored by the Agency for compliance. Recipients must maintain a financial management system and property and procurement standards in accordance with 2 CFR parts 400 through 499. (b) Performance reports. All performance reports must include a discussion on the performance benchmarks suggested in the application to determine whether the primary goals and objectives proposed in the approved work plan and budget were accomplished during the reporting period. In the section of the report that compares actual accomplishments to the objectives for that reporting period, objectives should be reported by specific task breakdown as described in the approved work plan and budget. (1) For Working Capital Grant Projects, final performance reports must include the following metrics: (i) Expansion of customer base as a result of the Project; (ii) Increased revenue returned to the Producer as a result of the Project; and (iii) Jobs created or saved as a result of the Project. (2) For all Projects, we may request additional information, including but not limited to, the following: (i) Information that will enable evaluation… | |||||
| 7:7:15.1.19.2.7.4.35.35 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.961 Grant monitoring. | RBS | Awards will be monitored by Agency personnel in accordance with applicable laws, regulations, and policies (see § 4284.908 for more information). The Agency may terminate or suspend the award for lack of adequate or timely progress, reporting, documentation, or for failure to comply with Agency requirements. | |||||
| 7:7:15.1.19.2.7.4.35.36 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.962 Transfer of obligations. | RBS | At the discretion of the Agency and on a case-by-case basis, an obligation of funds established for an Applicant may be transferred to a different (substituted) Applicant provided: (a) The substituted Applicant: (1) Is eligible; (2) Has a close and genuine relationship with the original Applicant; and (3) Has the authority to receive the assistance approved for the original Applicant. (b) The Project continues to meet all product, purpose, and reserved funds eligibility requirements so that the need, purpose(s), and scope of the Project for which the Agency funds will be used remain substantially unchanged. | |||||
| 7:7:15.1.19.2.7.4.35.37 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.963-4284.999 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.38 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.1000 OMB control number. | RBS | The reporting and recordkeeping requirements contained in this subpart have been approved by the OMB and have been assigned OMB control number 0570-0064 in accordance with the Paperwork Reduction Act of 1995. | |||||
| 7:7:15.1.19.2.7.4.35.4 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.904 Exception authority. | RBS | Except as specified in paragraphs (a) and (b) of this section, the Administrator of the Agency may, on a case-by-case basis, grant an exception to any requirement or provision of this subpart provided that such an exception is in the best financial interests of the Federal Government. Exercise of this authority cannot be in conflict with applicable law. (a) Applicant eligibility. No exception to Applicant eligibility can be made. (b) Project eligibility. No exception to Project eligibility can be made. | |||||
| 7:7:15.1.19.2.7.4.35.5 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.905 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.6 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.906 Conflict of interest. | RBS | No conflict of interest or appearance of a conflict of interest will be allowed. (a) Description. A conflict of interest occurs in a situation in which a person or entity has competing personal, professional, or financial interests that make it difficult for the person or entity to act impartially. For the purposes of this subpart, relationships that can involve a conflict of interest include, but are not limited to: (1) Recipient owners, employees, officers, agents, consultants, and contractors. (2) Immediate family members of those listed in paragraph (a)(1) of this section. (b) Written disclosure. Recipients must comply with 2 CFR 400.2(b), which includes providing written disclosure of any potential conflicts of interest and maintaining written standards of conduct covering conflicts of interest and governing the performance of its employees in the selection, award, and administration of Federal Awards. (c) Assistance to employees, relatives, and associates. The Agency will process any requests for assistance under this subpart in accordance with 7 CFR part 1900, subpart D. (d) Member/delegate clause. No member of or delegate to Congress shall receive any share or part of this grant or any benefit that may arise therefrom. But, this provision shall not be construed to bar, as a contractor under the Federal award, a publicly held corporation whose ownership might include a member of Congress. | |||||
| 7:7:15.1.19.2.7.4.35.7 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.907 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.4.35.8 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | § 4284.908 Compliance with other laws and regulations. | RBS | The Agency, Applicants, and recipients must comply with all applicable laws and regulations. An effort has been made to identify the most-commonly cited laws and regulations and reference them as follows: (a) Federal laws. Federal laws are codified in the United States Code (U.S.C.). A selection of applicable laws is identified as follows: (1) Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ); (2) The Civil Rights Act of 1964, Title VI (42 U.S.C. 2000d et seq. ); and (3) The Rehabilitation Act of 1973, Section 504 (29 U.S.C. 794). (b) Federal regulations. Federal regulations are codified in the Code of Federal Regulations (CFR). A selection of applicable regulations is identified as follows: (1) 2 CFR parts 1 through 200. These parts address items such as universal identifiers, reporting subaward and executive compensation, debarment and suspension, drug-free workplaces, administrative requirements, cost principles, and audit requirements. We particularly encourage Applicants and Recipients to become familiar with 2 CFR part 200 in its entirety. (2) 27 CFR part 1. This part is applicable to Applicants that will produce and market value-added products in the industries of wine, beer, distilled spirits or other alcoholic merchandise. (c) Departmental regulations. Departmental regulations are those regulations that are specific to awards made through USDA. They are codified in the CFR. A selection of applicable regulations is identified as follows: (1) 2 CFR parts 400 through 499. These parts include USDA's adoption of Federal administrative requirements and cost principles. They also include regulations on debarment and suspension, lobbying, drug-free workplaces, and research awards. (2) 7 CFR part 11. This part includes USDA's procedures for administrative appeals, as handled by its National Appeals Division. (3) 7 CFR part 15d. This part includes USDA's procedures for compliance with nondiscrimination laws and regulations. The Agency will not discriminate against Appl… | |||||
| 7:7:15.1.19.2.7.4.35.9 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | J | Subpart J—Value-Added Producer Grant Program | §§ 4284.909-4284.915 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.1 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1001 Purpose. | RBS | This subpart implements the Agriculture Innovation Center Demonstration (AIC) program. Through the AIC program, the Agency makes grants to Centers that provide Producer Services to Agricultural Producers seeking to develop and market Value-Added Agricultural Products. | |||||
| 7:7:15.1.19.2.7.5.35.10 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1020 Applicant eligibility. | RBS | Applicants must meet certain requirements to be eligible for funding through this program. Those requirements are described as follows: (a) Eligible entities. Entities are eligible for assistance through this program if all the following requirements are met: (1) System for Award Management (SAM) registration and unique entity identifier (UEI). Entities must have an active registration in SAM. This registration must remain current, accurate, and complete at the time of application, while the application is under consideration for funding, and while a Recipient has an active Federal Award. This registration includes obtaining a UEI, or its successor, through SAM.gov. (2) Entity type. The entity is organized or incorporated in a State, and it is one of the following types of organizations: Commercial Organization, Indian Tribe, Institution of Higher Education, Local Government, Nonprofit Organization, or State government. A consortium is also eligible to apply, but it must select a single organization to represent the consortium as the Applicant. Only the Applicant organization must meet the eligibility requirements. (3) Board of Directors. The entity proposes to create or to continue to operate a Center that is governed by a Qualified Board of Directors. (4) Experience/capability to provide services. The entity demonstrates that it has provided at least three (3) years of Producer Services prior to application or that it has the capability to provide Producer Services by hiring at least two Key Personnel who have at least three (3) years of experience providing Producer Services. (5) Financial capability. The entity has the financial capability for the proposed project. In particular, the following must be true: (i) The most recent independent audit confirms that the entity has a current ratio of at least 1:1 at the end of the fiscal year; and (ii) The most recent independent audit confirms that the entity has sufficient cash on hand at the end of the fiscal year to cover at least three months… | |||||
| 7:7:15.1.19.2.7.5.35.11 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1021 Ultimate beneficiary eligibility. | RBS | Centers must provide Producer Services only to Agricultural Producers. The Agricultural Producers may purchase or intend to purchase up to 49 percent of the primary Agricultural Commodity needed for the Value-Added Agricultural Product that is being developed and/or marketed. Note that the primary Agricultural Commodity is considered the commodity for which the greatest volume is required to produce the Value-Added Agricultural Product. The Agricultural Producers must maintain ownership of the primary Agricultural Commodity from production through the sale of the Value-Added Agricultural Product. See § 4284.1003 for the definitions of Agricultural Commodity, Agricultural Producer, and Value-Added Agricultural Product. | |||||
| 7:7:15.1.19.2.7.5.35.12 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1022 Project eligibility. | RBS | Projects must meet certain requirements to be eligible for funding through this program. Those requirements are as follows: (a) Eligible projects. Eligible projects must meet all of the following requirements. Failure to meet one or more of these requirements will render the application ineligible for funding. (1) Project purpose. The sole purpose of the project must be to increase and improve the ability of Agricultural Producers to market Value-Added Agricultural Products, with at least one goal related to increasing and improving the ability of Local Agricultural Producers to market Value-Added Agricultural Products (2) Amount requested. The minimum amount requested for an award must be $600,000 and the maximum amount that can be requested is $1,000,000. (3) Matching Funds. Matching Funds are required for at least one-third of the Project Cost. For example, if the Project Cost is $1,500,000, Matching Funds must be at least $500,000. Matching Funds must be from non-Federal sources (unless otherwise provided by statute) and may be provided in cash by the applicant or by a third party or in-kind by a third party. They must be available for use during the Period of Performance, and they must be used for allowable expenses. Applicants may not use unrecovered Indirect Costs as Matching Funds. (4) Allowable use of funds. The project must use award and Matching Funds for allowable purposes. See § 4284.1025 for additional information. (5) Agricultural support. The project has the support of at least three organizations whose primary mission is to support agriculture in the State in which the Center is located. (6) Period of Performance. The Period of Performance must be three (3) years. The Period of Performance must start within 90 days of award approval, unless otherwise authorized by the Agency. (7) Contracts with other Centers. Contracts and/or subawards with other Centers funded through this program must be limited to 10 percent or less of total Project Costs. (b) Ineligible projects. Pr… | |||||
| 7:7:15.1.19.2.7.5.35.13 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | §§ 4284.1023-4284.1024 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.14 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1025 Use of funds. | RBS | Allowable and unallowable uses of funds are described as follows: (a) Allowable uses of funds. The following types of activities and expenses are allowable: (1) Producer Services as defined in § 4284.1003. (2) Costs associated with establishing and operating a Center, including legal services, accounting services, clerical assistance, technical services, office supplies, hiring employees, monitoring contracts, professional development for staff, attending conferences related to value-added agriculture and marketing food products, and Board of Directors travel. (3) Additional information on allowability of costs can be found at 2 CFR part 200, subpart E, for all organization types. (b) Unallowable uses of funds. The following types of activities and expenses are unallowable: (1) Provide services to entities other than Agricultural Producers. (2) Fund manufacturing or processing expenses, including test, trial, or initial production runs. (3) Pay for interns or internships. (4) Provide tuition remission or other financial support to students at any level of education. (5) Provide participant support costs outside of the grants to Agricultural Producers. (6) Fund any direct expenses for the production of any Agricultural Commodity or product to which value will be added, including seed, rootstock, labor for harvesting the crop, and delivery of the commodity to a processing facility; to include the purchase of an Agricultural Commodity. (7) Plan, fund architectural work, repair, rehabilitate, acquire, or construct a building or facility, including a processing facility. (8) Purchase Real Property. (9) Purchase, rent, or install Equipment. (10) Purchase or repair vehicles, including boats. (11) Pay for the preparation of the grant application. (12) Pay expenses not directly related to the funded project. (13) Pay for any goods or services from a person or entity who has a conflict of interest with the Recipient (see § 4284.1006). (14) Duplicate activities paid for by another Federal grant progra… | |||||
| 7:7:15.1.19.2.7.5.35.15 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | §§ 4284.1026-4284.1029 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.16 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1030 Notifications. | RBS | The Agency will issue any program notifications identified in paragraphs (a) through (c) of this section on the program website. An annual notification will also be published on the OMB-designated governmentwide website. (a) Amount of funding available. The Agency will publish the amount of funding available for awards during each fiscal year within 30 calendar days of receiving notification from OMB of the amount of funding available. (b) Priority points. The Agency will publish the priorities applicable to the program no later than the application period opening date each year. Points will be awarded in accordance with § 4284.1040(d). (c) Other. The Agency will publish any other additional requirements or programmatic changes no later than the date the application period opens. | |||||
| 7:7:15.1.19.2.7.5.35.17 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1031 Application requirements. | RBS | All applications must include the following items: (a) Form SF-424, “Application for Federal Assistance.” This form must be filled out completely and signed by an authorized representative of the Applicant organization. (b) Form RD 4284-1, “Application for the Agriculture Innovation Center Program.” This form must be filled out completely. Failure to complete any section on the form will result in the application being determined ineligible for funding. | |||||
| 7:7:15.1.19.2.7.5.35.18 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1032 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.19 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1033 Submission requirements. | RBS | The following information identifies when applications can be submitted, where applications must be submitted, and the format of applications. (a) Submission period. (1) The application period opens on November 1. Applications received prior to the opening date in a given fiscal year will not be considered. (2) The application period closes at 11:59 p.m. Eastern time (ET) on January 31 of the following year. Applications received after the closing date will not be considered. This means that if the application is emailed prior to 11:59 p.m. ET on the closing date, but the Agency's system does not receive it until after the deadline, the application will not be considered for funding. Thus, applicants are encouraged to submit their applications well in advance of the closing date to ensure timely receipt by the Agency. (b) Submission address. Applications must be submitted electronically to the email address listed on the program website. (c) Submission format. All items required for the application must be submitted in a single application. No attachments other than the required items will be considered. Incomplete applications will be rejected. | |||||
| 7:7:15.1.19.2.7.5.35.2 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1002 Organization of subpart. | RBS | The information in this subpart is organized into seven main topics: (a) General information. Sections 4284.1001 through 4284.1019 discuss the purpose of the program, definitions, exception authority, conflict of interest, and compliance with other laws and regulations. (b) Eligibility information. Sections 4284.1020 through 4284.1029 discuss the eligibility requirements for the program. These sections include information on applicant eligibility, project eligibility, and the use of funds. See § 4284.1022 for information about the award amounts, Period of Performance, and Matching Funds requirements. (c) Application requirements information. Sections 4284.1030 through 4284.1039 discuss the requirements for submitting an application. These sections include information on what forms and other information are required for a complete application as well as the format of the application, the application deadline, and how to submit the application. (d) Application processing information. Sections 4284.1040 through 4284.1049 discuss how the Agency will process applications. These sections include information on how applications will be reviewed for eligibility, how applications will be evaluated for merit, and how an applicant can withdraw an application from consideration. (e) Award information. Sections 4284.1050 through 4284.1059 discuss how the Agency will make awards. These sections include information about how applications will be selected for funding, how applicants will be notified whether their applications have been selected for funding, how applicants can resolve disputes regarding funding selections, and the requirements for an applicant to accept an award and be approved as a Recipient of an award. (f) Post-award information. Sections 4284.1060 through 4284.1061 discuss the reporting requirements for Recipients after an award is approved as well as monitoring procedures that the Agency will use. (g) Other. (1) Sections 4284.1062 through 4284.1099 are reserved. (2) Section 4284.1100 in… | |||||
| 7:7:15.1.19.2.7.5.35.20 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | §§ 4284.1034-4284.1039 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.21 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1040 Application processing. | RBS | The following information describes the way the Agency will process applications, including evaluating eligibility, risk, and merit. (a) Eligibility evaluation. The Agency will review all complete applications to determine if they are eligible for assistance based on the requirements in this subpart and other applicable Federal laws and regulations. In particular, the Agency will check the OMB-designated repository of government information, and Applicants that are excluded from Federal funding will be determined ineligible (see 2 CFR 200.206 for more information). An application must include all application requirements identified in § 4284.1031, or the Agency will determine that it is ineligible for assistance. (b) Risk evaluation. The Agency will review those applications that are determined to be eligible for the program for risk based on financial risk and satisfactory past performance as described in paragraphs (b)(1) and (2) of this section. Typically, the Agency will not determine that an application is ineligible for funding based on the results of the risk evaluation, unless the Agency cannot find a way to reasonably mitigate the risk posed by making an award. For example, if an Applicant lacks appropriate internal controls, but has not experienced significant audit findings as a result, the Agency may choose to mitigate the lack of internal controls by requiring funds to be disbursed on a reimbursement basis until adequate internal controls are in place. However, if audit findings identify significant shortcomings in the Applicant's ability to manage Federal funds, the Agency may determine that the application is not eligible for funding. (1) Financial risk. The Agency will review the organization's most recent independent audit and financial statements, provided that the most recent audit and financial statements have been created during the previous year. (2) Satisfactory past performance. The entity has satisfactory performance for all Federal Awards received within the last five (5) yea… | |||||
| 7:7:15.1.19.2.7.5.35.22 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1041 Application withdrawal. | RBS | During the period between the submission of the application and award approval, the Applicant must notify the Agency in writing if the project is no longer viable or if the Applicant is no longer requesting financial assistance for the project. When the Applicant notifies the Agency, the application will be withdrawn from consideration for funding. | |||||
| 7:7:15.1.19.2.7.5.35.23 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | §§ 4284.1042-4284.1049 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.24 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1050 Award selection. | RBS | (a) The Agency will review applications to determine if they are eligible for assistance based on requirements in this subpart, and other applicable Federal laws and regulations. If the Agency determines that your application meets the requirements, it will be scored by a panel of USDA employees in accordance with the merit evaluation criteria and point allocation specified in § 4284.1040(c). The review panel will convene to reach a consensus on the scores for each of the eligible applications. Applications will be ranked solely based on the points awarded, and they will be funded in rank order until available funds are expended or a minimum score of 40 points is reached. If an application cannot be fully funded, the Agency may offer partial funding to the extent funds are available. (b) If an application is ranked and not funded, it will not be carried forward into the next funding competition. | |||||
| 7:7:15.1.19.2.7.5.35.25 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1051 Notification of successful Applicants. | RBS | (a) The Agency will notify the Applicants whose applications can be funded using available funds with a Letter of Conditions. The Letter of Conditions will provide the conditions under which an award can be approved as well as a copy of the terms of the award. (b) An Applicant receiving a Letter of Conditions will have 60 calendar days to meet the conditions of the award. If the applicant does not meet the conditions, the Agency will discontinue processing the application and offer funding to another Applicant based on the ranking from the merit review panel if sufficient time exists for the application to be fully processed and an award approved by September 30 of the current fiscal year. If sufficient time does not exist, the funds will not be awarded. (c) To view the standard conditions for all awards, please visit the program website. | |||||
| 7:7:15.1.19.2.7.5.35.26 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1052 Notification of unsuccessful applicants. | RBS | Applicants whose applications are not eligible for financial assistance or did not score high enough to be funded will be notified as soon as it is practicable. The notification will be in writing using an Adverse Decision Letter. This letter will outline the reason(s) for the Agency's decision and what dispute resolution alternatives the Applicant has. (See also 7 CFR part 11.) | |||||
| 7:7:15.1.19.2.7.5.35.27 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1053 Award approval. | RBS | The Agency will approve an award once the Applicant has met all the conditions of the award. The approval will be conveyed through the execution of Form RD 4280-2, which is the Financial Assistance Agreement, and provides all terms of the award. Once the award has been approved, the Recipient may begin work on the project and incur costs. | |||||
| 7:7:15.1.19.2.7.5.35.28 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | §§ 4284.1054-4284.1059 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.29 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1060 Reporting requirements. | RBS | Recipients are required to submit financial reports and performance reports based on the following requirements. (a) Financial reports. Financial reports are required on a semi-annual basis and after the Period of Performance has ended. (1) Semi-annual report. Reporting periods are October 1 through March 31 and April 1 through September 30. Reports are due 30 calendar days after the reporting period ends. The report must include the submission of the SF-425, “Federal Financial Report,” and any additional information specified in the Financial Assistance Agreement. (2) Final report. The final financial report is due 120 calendar days after the reporting period ends. The report must include the submission of the SF-425, “Federal Financial Report,” and any additional information specified in the Financial Assistance Agreement. (b) Performance reports. Performance reports are required on a semi-annual basis and after the Period of Performance has ended. (1) Semi-annual reports. Reporting periods are October 1 through March 31 and April 1 through September 30. Reports are due 30 calendar days after the reporting period ends. The report must use the format specified in the Financial Assistance Agreement. (2) Final report. The final report is due 120 calendar days after the end of the Period of Performance. The report must use the format specified in the Financial Assistance Agreement. | |||||
| 7:7:15.1.19.2.7.5.35.3 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1003 Definitions. | RBS | These are the definitions for terms used in this subpart. Additional terms used in this subpart are found in the applicable laws and regulations, in particular 2 CFR part 200 and 7 CFR part 11. Adverse Decision has the meaning located at 7 CFR 11.1. Adverse Decision Letter means a letter issued by the Agency to the Applicant or Recipient that explains the Adverse Decision. Agency means the Rural Business-Cooperative Service (RBCS or the Agency), an agency of the United States Department of Agriculture (USDA), or a successor agency. Agricultural Commodity has the meaning located at § 4284.903. Agricultural Commodity Organization means an organization that exclusively represents a single Agricultural Commodity or group of similar commodities either on behalf of the commodity itself or on behalf of the Agricultural Producers who grow or raise it. The representation can be at a local, State, regional, or national level. Examples are Agricultural Commodity Marketing Boards established by States, a national association representing corn growers, and a regional association representing fruit and vegetable growers. Agricultural Food Product has the meaning located at § 4284.903. Agricultural Producer has the meaning located at § 4284.903. Applicant means the entity that is applying for funding through the AIC program. Board of Directors means the group of individuals who govern the Center. Business Plan has the meaning located at § 4284.903. Center means the Agriculture Innovation Center to be established and operated by a Recipient of the AIC program. It must be governed by a Qualified Board of Directors. Change in Physical State has the meaning located at § 4284.903. Commercial Organization means any business that sells goods or services for the purpose of making a profit. Equipment has the meaning located at 2 CFR 200.1. Family Farm has the meaning located at § 4284.903. Farm or Ranch has the meaning located at § 4284.903. Farm- or Ranch-Based Renewable Energy has the meaning located … | |||||
| 7:7:15.1.19.2.7.5.35.30 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1061 Monitoring awards. | RBS | Awards will be monitored by Agency personnel in accordance with applicable laws, regulations, and policies (see § 4284.1008 for more information). The Agency will designate a contact person for each award. The Agency may terminate or suspend the award for lack of adequate or timely progress, reporting, documentation, or for failure to comply with Agency requirements. | |||||
| 7:7:15.1.19.2.7.5.35.31 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1062-4284.1099 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.32 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1100 OMB control number. | RBS | The reporting and recordkeeping requirements contained in this subpart have been approved by OMB and have been assigned OMB control number 0570-0045 in accordance with the Paperwork Reduction Act of 1995. | |||||
| 7:7:15.1.19.2.7.5.35.4 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1004 Exception authority. | RBS | The Administrator of the Agency may, on a case-by-case basis, approve an exception to any requirement or provision of this subpart provided that such an exception is in the best financial interests of the Federal Government. Exercise of this authority cannot conflict with applicable laws. | |||||
| 7:7:15.1.19.2.7.5.35.5 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1005 [Reserved] | RBS | ||||||
| 7:7:15.1.19.2.7.5.35.6 | 7 | Agriculture | XLII | 4284 | PART 4284—GRANTS | K | Subpart K—Agriculture Innovation Center Demonstration Program | § 4284.1006 Conflict of interest. | RBS | No conflict of interest or appearance of a conflict of interest will be allowed. (a) Description. A conflict of interest occurs in a situation in which a person or entity has competing personal, professional, or financial interests that make it difficult for the person or entity to act impartially. For the purposes of this subpart, relationships that can include conflict of interest include, but are not limited to: (1) Parent, Applicant, or Recipient Board of Directors, employees, consultants, and contractors. (2) Center Board of Directors, employees, consultants, and contractors. (3) Subrecipients and their employees, consultants, and contractors. (4) Immediate family members of those listed in paragraphs (a)(1) through (3) of this section. (b) State Departments of Agriculture. A conflict of interest does not include the situation when the State's Secretary of Agriculture or an employee of the State's Department of Agriculture, or similar agency, acts as a member of the Center's board of directors because this representation is a requirement for the program. (c) Written disclosure. Recipients must comply with 2 CFR 400.2(b), which includes providing written disclosure to the Agency of any potential conflicts of interest and maintaining written standards of conduct covering conflicts of interest and governing the performance of its employees in the selection, award, and administration of Federal Awards. (d) Assistance to employees, relatives, and associates. The Agency will process any requests for assistance under this subpart in accordance with 7 CFR part 1900, subpart D. (e) Member/delegate clause. No member of or delegate to Congress shall receive any share or part of this grant or any benefit that may arise therefrom; provided, however, that this provision shall not be construed to bar, as a contractor under the Federal Award, a publicly held corporation whose ownership might include a member of Congress. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);