STATE PARTNERSHIP AGREEMENTS: Award Administration
Prohibition on Supplanting Non-Federal Funds
Partnership Agreement awards must be used to supplement and not supplant non-federal funds. For the purposes of these guidelines, the term "supplant non-federal funds" is defined as using federal dollars to replace non-federal dollars, with the intention or effect of reducing financial support for an SAA or RAO.
Grantees must clearly acknowledge support from the National Endowment for the Arts in their programs and related promotional material including publications and websites. Acknowledgments should include the National Endowment for the Arts logo wherever possible. In addition, we will provide detailed crediting language for SAAs and RAOs to use with their own grantees.
Before a grant is awarded, organizations must have submitted acceptable Final Report packages by the due date(s) for all NEA grant(s) previously received, and report on funded activities in accordance with the National Standard for Arts Information Exchange. This includes acceptable Federal Financial Reports.
Official grant award notification (i.e., a notice of action authorized by the National Endowment for the Arts’ Grants Management Office) is the only legal and valid confirmation of award. This can take several months to issue depending on several factors such as the number of awards to be processed, whether the agency has its appropriation from Congress, etc.
Implementation of Title 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This guidance from the federal government's Office of Management and Budget (OMB) establishes clarity and consistency regarding the pre- and post-award requirements applicable to federal grantees.
Under the authority listed above, the National Endowment for the Arts (NEA) adopts Guidance in 2 CFR part 200 under §3255.1 Adoption of 2 CFR Part 200. This part gives regulatory effect to the OMB guidance and supplements the guidance as needed for the National Endowment for the Arts.
General Terms & Conditions
Federal and agency requirements that relate to grants awarded by the National Endowment for the Arts are highlighted in our General Terms & Conditions (GTC). The GTC incorporates the adoption of 2 CFR Part 200 by reference. The document also explicitly identifies where the National Endowment for the Arts has selected options offered in the regulation, such as budget waivers and requirements for use of program income. It also includes agency requirements for cost share/matching funds, reporting requirements, amendment processes, and termination actions. Grantees must review, understand, and comply with these requirements. Failure to do so may result in having a grant terminated and/or returning funds to the National Endowment for the Arts, among other things.
NOTE: This list highlights some of the significant legal requirements that may apply to an applicant or grantee however, it is not exhaustive. More information regarding these and other legal requirements may be found at Appendix A of our General Terms & Conditions which sets forth the National Policy and Other Legal Requirements, Statutes, and Regulations that Govern Your Award. There may be other applicable legal requirements that are not listed here.
By law, the National Endowment for the Arts may support only those organizations that:
Are tax-exempt. Organizations qualifying for this status must meet the following criteria:
1. No part of net earnings may benefit a private stockholder or individual.
2. Donations to the organization must be allowable as a charitable contribution under Section 170(c) of the Internal Revenue Code of 1954, as amended. For further information, go to the Internal Revenue Service (IRS) website at www.irs.gov
Organizations who have had their IRS status revoked are not eligible for National Endowment for the Arts support. It is your responsibility to ensure that your status is current at the time of the application and throughout the life of your award.
Compensate all professional performers and related or supporting professional personnel on National Endowment for the Arts-supported projects at no less than the prevailing minimum compensation. (This requirement is in accordance with regulations that have been issued by the Secretary of Labor in 29 C.F.R. Part 505. This part does not provide information on specific compensation levels.)
Ensure that no part of any National Endowment for the Arts-supported project will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees involved.
Some legal requirements apply to every applicant, for example:
Compliance with the federal requirements that are outlined in the "Assurance of Compliance" below.
Debarment and Suspension procedures. The applicant must comply with the record keeping and other requirements set forth in Subpart C of 2 CFR 180, as adopted by the National Endowment for the Arts in 2 CFR 32.3254. Failure to comply may result in the debarment or suspension of the grantee and the National Endowment for the Arts suspending, terminating and/or recovering funds.
Federal Debt Status (OMB Circular A-129). Processing of applications will be suspended when applicants are delinquent on federal tax or non-tax debts, including judgment liens against property for a debt to the federal government. An organization's debt status is displayed in the System for Award Management (SAM). New awards will not be made if an applicant is still in debt status as of September 1.
Labor Standards (29 C.F.R. pt 505). If a grant is awarded, the grantee must comply with the standards set out in Labor Standards on Projects or Productions Assisted by Grants from the National Endowments for the Arts and Humanities.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. and 2 C.F.R. Part 3256). The grantee is required to publish a statement regarding its drug-free workplace program as well as comply with other requirements.
Some legal requirements apply depending upon what the grant is funding, for example:
If your project activities have the potential to impact any structure that is eligible for or on the National Register of Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places, or located in an historic district, you will be asked to provide additional information about your project or take additional action so that the agency can review and comply with the National Historic Preservation Act (NHPA). NHPA also applies to any planning activities that may affect historic properties or districts. The additional agency review must be completed prior to any agency funds being released.
If your project activities have the potential to impact the environment or environmentally sensitive resources, you will be required to provide information in accordance with the National Environmental Policy Act (NEPA). The additional agency review must be completed prior to any agency funds being released.
If your contract is over $2,000 and involves the construction, alteration, or repair of public buildings or public works, it must contain a clause setting forth the minimum wages to be paid to laborers and mechanics employed under the contract in accordance with The Davis-Bacon and Related Acts (DBRA)
Some legal requirements apply depending upon who the Applicant is, for example:
The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.) – which applies to any organization that controls or possesses Native American human remains and associated funerary objects and receives Federal funding, even for a purpose unrelated to the Act (25 USC 3001 et seq.)
In addition, State Arts Agencies must meet the requirements in Section 5(g)(2) of the National Endowment for the Arts' authorizing legislation which state:
"In order to receive assistance under this subsection in any fiscal year, a State shall submit an application for such grants at such time as shall be specified by the Chairperson and accompany such applications with a plan which the Chairperson finds--
(A) designates or provides for the establishment of a State agency (hereinafter in this section referred to as the "State agency") as the sole agency for the administration of the State plan;
(B) provides that funds paid to the State under this subsection will be expended solely on projects and productions approved by the State agency which carry out one or more of the objectives of subsection (c) of this section;
(C) provides that the State agency will make such reports, in such form and containing such information, as the Chairperson may from time to time require including a description of the progress made toward achieving the goals of the State plan;
- assurances that the State agency has held, after reasonable notice, public meetings in the State to allow all groups of artists, interested organizations, and
- a summary of such recommendations and the State agency's response to such recommendations; and
- a description of the level of participation during the most recent preceding year for which information is available by artists, artists' organizations, and arts organizations in projects and productions for which financial assistance is provided under this subsection;
- for the most recent preceding year for which information is available, a description of the extent to which projects and productions receiving financial assistance from the state arts agency are available to all people and communities in the State; and
- a description of projects and productions receiving financial assistance under this subsection that exist or are being developed to secure wider participation of artists, artists' organizations, and arts organizations identified under clause (i) of this subparagraph or that address the availability of the arts to all people or communities identified under clause (ii) of this subparagraph.
No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection."
Assurance of Compliance
By signing the application form, the Applicant certifies that it is in compliance with the statutes outlined below and all related National Endowment for the Arts regulations and will maintain records and submit the reports that are necessary to determine compliance.
The Applicant further certifies that it will obtain assurances of compliance from all subrecipients and will require all subrecipients of National Endowment for the Arts funds to comply with these requirements. We may conduct a review of your organization to ensure that it is in compliance. If we determine that a grantee has failed to comply with these statutes, we may suspend, terminate, and/or recover funds. This assurance is subject to judicial enforcement.
The Applicant certifies that it does not discriminate:
- On the grounds of race, color, or national origin, in accordance with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), implemented by the NEA at 45 U.S.C.1110;
- On the grounds of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA"), as amended, (42 U.S.C. 12101), implemented by the NEA at 45 U.S.C. 1151.
- On the basis of age, in accordance with the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) implemented by the National Endowment for the Arts at 45 CFR 1156.
On the basis of sex, in any education program or activity, in accordance with Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
Applicant will inform the public that persons who believe they have been discriminated against on the basis of race, color, national origin, disability, sex, or age may file a complaint with the Director of Civil Rights at the National Endowment for the Arts.
Applicant will forward all complaints for investigation and any finding issued by a Federal or state court or by a Federal or state administrative agency to:
Director, Office of Civil Rights
National Endowment for the Arts
400 7th Street, SW
Washington, DC 20506
Applicant shall maintain records of its compliance and submission for three (3) years. The Applicant will compile, maintain and permit access to records as required by applicable regulations, guidelines or other directives.
The Applicant must also certify that it will obtain assurances of compliance from all subrecipients and will require all subrecipients of National Endowment for the Arts funds to comply with these requirements.
The United States has the right to seek judicial or administrative enforcement of this assurance.
For further information and copies of the nondiscrimination regulations identified above, please contact the Office of Civil Rights at 202-682-5454 or 202-682-5082 Voice/T.T.Y. For inquiries about limited English proficiency, please go to http://www.lep.gov, the FOIA Reading Room, or contact the Office of Civil Rights at 202-682-5454.
Regulations Relating to Lobbying for organizations applying for more than $100,000 (31 U.S.C. 1352)
The Applicant certifies that:
It has not and will not use federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a member of an National Endowment for the Arts advisory panel or the National Council on the Arts, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of or modification to any federal grant or contract.
If it has used or will use any funds other than federal appropriated funds to pay any person for influencing or attempting to influence any of the individuals specified above, the Applicant:
Is not required to disclose that activity if that person is regularly employed by the Applicant. (Regularly employed means working for at least 130 days within the year immediately preceding the submission of this application.)
Will complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," if that person is not regularly employed by the Applicant.
It will require that the language of this certification be included in the award documents for all subawards of more than $100,000 and that all subrecipients shall certify and disclose accordingly.
Applicants may be asked to provide up to four complimentary tickets for National Endowment for the Arts staff visits.
Standards for Service
The National Endowment for the Arts has set the following standards for serving applicants. We pledge to:
- Treat you with courtesy and efficiency.
- Respond to inquiries and correspondence promptly.
- Provide clear and accurate information about our policies and procedures.
- Provide timely information about funding opportunities and make guidelines available promptly.
- Promptly acknowledge the receipt of your application.
- Ensure that all eligible applications are reviewed thoughtfully and fairly.
We welcome your comments on how we're meeting these standards. Email: firstname.lastname@example.org, attention: Standards for Service.
In addition, applicants will receive an invitation to participate in a voluntary survey to provide feedback on the grant application guidelines on our website and any experiences consulting with our staff.
Paperwork Reduction Act Statement
The public reporting burden for this collection of information is estimated at an average of 32 hours per response including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. We welcome any suggestions that you might have on improving the guidelines and making them as easy to use as possible. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: email@example.com, attention: Reporting Burden. Note: Applicants are not required to respond to the collection of information unless it displays a currently valid U.S. Office of Management and Budget (OMB) control number.