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Page 51 of 53 <br />5. Definitions <br />For purposes of this award term and condition: <br />a. Administrative proceeding means a non judicial process that is adjudicatory in <br />nature in order to make a determination of fault or liability (e.g., Securities and <br />Exchange Commission Administrative proceedings, Civilian Board of Contract <br />Appeals proceedings, and Armed Services Board of Contract Appeals <br />proceedings). This includes proceedings at the Federal and State level but only in <br />connection with performance of a Federal contract or grant. It does not include <br />audits, site visits, corrective plans, or inspection of deliverables. <br />b. Conviction, for purposes of this award term and condition, means a judgment or <br />conviction of a criminal offense by any court of competent jurisdiction, whether <br />entered upon a verdict or a plea, and includes a conviction entered upon a plea of <br />nolo contendere. <br />c. Total value of currently active grants, cooperative agreements, and procurement <br />contracts includes— <br />(1) Only the Federal share of the funding under any Federal award with a <br />recipient cost share or match; and <br />(2) The value of all expected funding increments under a Federal award and <br />options, even if not yet exercised. <br />22. CONFLICTS OF INTEREST <br />(a) Applicability. <br />(1) This section intends to ensure that non -Federal entities and their employees take <br />appropriate steps to avoid conflicts of interest in their responsibilities under or with <br />respect to Federal financial assistance agreements. <br />(2) In the procurement of supplies, equipment, construction, and services by recipients <br />and by subrecipients, the conflict of interest provisions in 2 CFR 200,318 apply. <br />(b) Requirements. <br />(1) Non -Federal entities must avoid prohibited conflicts of interest, including any <br />significant financial interests that could cause a reasonable person to question the <br />recipient's ability to provide impartial, technically sound, and objective performance <br />under or with respect to a Federal financial assistance agreement. <br />Agreement No. R20AP00077 Agreement Template <br />(03/2019) <br />