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d. A domestic or foreign for - profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal entity. 4. Subaward, as defined in 2 C.F.R. § 170.325: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program. c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient, as defined in 2 C.F.R. § 25.360, means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. 8. FINANCIAL GUIDELINES: The recipient and any subrecipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subparts B through D 2. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E —Cost Principles 2. 48 C.F.R.§ 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F —Audit Requirements 9. PROHIBITION ON USING FEDERAL FUNDS: The recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 10. COMPLIANCE WITH PROGRAM GUIDANCE: The recipient agrees that all allocations and use of funds under this grant will be in accordance with the DHS FY 2015 EMPG Program Notice of Funding Opportunity (NOFO). 11. CLASSIFIED SECURITY CONDITION: A. Classified national security information, as defined in Executive Order (EO) 12958, as amended, means information that has been detennined pursuant to ED 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. Initials 55B -189