[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR19.62]



[Page 174-175]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 19_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec. 19.62  Enforcement.



    (a) Remedies for noncompliance. If a recipient materially fails to 

comply with the terms and conditions of an award, whether stated in a 

Federal statute, regulation, assurance, application, or notice of award, 

the Federal awarding agency may, in addition to imposing any of the 

special conditions outlined in Sec. 19.14, take one or more of the 

following actions, as appropriate in the circumstances.

    (1) Temporarily withhold cash payments pending correction of the 

deficiency by the recipient or more severe enforcement action by the 

Federal awarding agency.

    (2) Disallow (that is, deny both use of funds and any applicable 

matching



[[Page 175]]



credit for) all or part of the cost of the activity or action not in 

compliance.

    (3) Wholly or partly suspend or terminate the current award.

    (4) Withhold further awards for the project or program.

    (5) Take other remedies that may be legally available.

    (b) Hearings and appeals. In taking an enforcement action, the 

awarding agency shall provide the recipient an opportunity for hearing, 

appeal, or other administrative proceeding to which the recipient is 

entitled under any statute or regulation applicable to the action 

involved.

    (c) Effects of suspension and termination. Costs of a recipient 

resulting from obligations incurred by the recipient during a suspension 

or after termination of an award are not allowable unless the awarding 

agency expressly authorizes them in the notice of suspension or 

termination or subsequently. Other recipient costs during suspension or 

after termination which are necessary and not reasonably avoidable are 

allowable if the conditions in paragraph (c) (1) or (2) of this section 

apply.

    (1) The costs result from obligations which were properly incurred 

by the recipient before the effective date of suspension or termination, 

are not in anticipation of it, and in the case of a termination, are 

noncancellable.

    (2) The costs would be allowable if the award were not suspended or 

expired normally at the end of the funding period in which the 

termination takes effect.

    (d) Relationship to debarment and suspension. The enforcement 

remedies identified in this section, including suspension and 

termination, do not preclude a recipient from being subject to debarment 

and suspension under E.O.s 12549 and 12689 and 49 CFR part 29 (see Sec. 

19.13).