National Credit Union Administration (NCUA) Grant Award Terms and Conditions

Introduction

Effective September 1, 2025, the Grant Award Terms and Conditions below will be applied to all new and amended CDRLF Technical Assistance Grants. Per 2 C.F.R. § 200.208, the NCUA may incorporate specific conditions into awards as applicable.

The purpose of this document is to outline the required terms and conditions governing CDRLF Grants. The Recipient is responsible for the efficient and effective administration of the federal award through application of sound management practices. The Recipient assumes the responsibility for administering federal funds in a manner consistent with underlying agreements, program objectives, and the terms and conditions of the federal award.

Recipients must adhere to the terms and conditions associated with their CDRLF grants. This includes compliance with federal regulations, NCUA-specific requirements, and any additional requirements outlined in their grant documents. Non-compliance may lead to enforcement actions as specified in 2 C.F.R. § 200.339 (Remedies for noncompliance) and 2 C.F.R. § 200.340 (Termination).

These Grant Award Terms and Conditions apply to all Recipients of CDRLF Grants. If the Grant Award Terms and Conditions are revised, Recipients will receive updated terms and conditions before the end of the period of performance. When NCUA revises its terms and conditions, and a Recipient's grant is amended to incorporate these revisions or new terms, then the updated terms will be applicable from the date the grant is amended. Except as otherwise provided by law or presidential directives, the revised terms and conditions will not apply to activities conducted by the Recipient before the effective date of NCUA's revisions.

Chapter 1: General Award Terms and Conditions

Section 1. Compliance Requirements

1.1 Program, National, and Administrative Requirements

The Recipient of this Federal award must fully comply with the rules and requirements specified in the Grant Agreement and follow the instructions, limitations, and other conditions set forth in the Program requirements. Program requirements are described in the Federal Credit Union Act of 1934, as amended 12 U.S.C. § 1772c-1 (FCU Act), NCUA's Rules and Regulations at 12 C.F.R. part 705 and Notice of Funding Opportunity (NOFO), Application Guidelines, and Post-Award Guidelines. where applicable.

Except as otherwise authorized by Federal statutes or regulations, this CDRLF grant is subject to the requirements set forth in the Office of Management and Budget (OMB) Guidance for Federal financial assistance (Title 2 of the Code of Federal Regulations (2 C.F.R.), Subtitle A) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards at 2 C.F.R. part 200.

The NCUA administers the Program in accordance with 2 C.F.R. § 200.300, Statutory and national policy requirements. The Recipient must adhere to applicable authorizing statutes, regulations, and administrative and national policy requirements (including executive orders and other presidential directives). A listing of national policy requirements the Recipient must adhere to, where applicable, is in Appendix A of this document.

1.2 Order of Precedence

The following is the order of precedence of laws, regulations, and policies for CDRLF Technical Assistance Grants. Items at the top of the list take precedence over items at the bottom. In the event of a conflict, discrepancy, or any inconsistency between the Grant Agreement and other requirements, the following order of precedence should be followed:

1. The FCU Act and other Federal Statutory Requirements (Provisions of the United States (U.S.) Code and Public Laws), as applicable.
2. The NCUA's Rules and Regulations (12 C.F.R. Part 705).
3. Office of Management and Budget Guidance for Federal financial assistance (Title 2 of the Code of Federal Regulations, Subtitle A).
4. Grant Award Terms and Conditions.
5. Notices of Funding Opportunity (NOFOs), where applicable.
6. Post-Award Guidelines.
7. Application Guidelines.

1.3 System for Award Management and Unique Entity Identifier

The Recipient must maintain a current and active registration in SAM.gov. The Recipient's registration must always be current and active until the Recipient submits all final reports required under this Federal award or receives the final payment, whichever occurs later. The Recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate and complete. If applicable, the Recipient must identify its immediate and highest-level owners and subsidiaries and provide information about its predecessors that have received a Federal award or contract within the last three years.

1.4 Impact Metrics and Management

Performance goals, indicators, and targets ("Impact Metrics") are set forth in the NCUA-approved Application, which is incorporated by reference into the Grant Agreement. The Recipient should refer to the Post-Award Guidelines for additional information on Impact Metrics, Reporting, and Measurement.

1.5 Post-Award Reporting Schedule

The Recipient's progress with the Impact Metrics will be measured by information that the Recipient submits in its Financial Condition Reports and Performance Reports. The Recipient is required to submit the final Payment Request and Performance Report no later than 30 days after the Budget Period End Date. In the case of advance payments, the Performance Report is due 90 days after the approval of the associated Advance Payment Request. The Recipient is required to explain any failure to meet the Impact Metrics by the Performance Period End Date in their final Performance Report. The Post-Award Guidelines also specify how the NCUA will assess performance including the timing and scope of expected performance. Failure to meet the submission deadlines prescribed by the NCUA may result in termination or other remedial actions as described in Section 1.12 - Remedies for Noncompliance, Termination and Enforcement. Recipients should refer to the Post-Award Guidelines for additional information on Reporting.

1.6 Performance Period, Budget Period, and Multiple Year Awards

Performance Period. The Performance Period Start and End Dates are specified in the Grant Agreement. This Period of Performance does not commit NCUA to fund the grant beyond the currently approved budget period stated below. Recipients should refer to the Post-Award Guidelines and the NCUA Award Notice for additional information on Performance Periods.

Budget Period. The budget period denotes the time interval of the funded portion of this award during which the Recipient is authorized to expend the funds awarded. The Budget Period Start and End Dates are specified in the Grant Agreement.

Multiple Year and Renewal Awards. For multiple-year or reward awards, future funding is contingent on the availability of funds, program authority, satisfactory performance, compliance with the terms and conditions of the Federal award, and continued relevance to Program goals or NCUA priorities. For renewal awards, the Performance Period Start Date is contiguous with, or closely follows, the Performance End Date of the expiring CDRLF award. The Performance Period Start Date of a renewal award begins a new and distinct period of performance.

1.7 Grant Extension Requests

The Recipient must use the Grant Funds by the Performance Period End Date. Consistent with 2 C.F.R. § 200.309, the NCUA, in its sole discretion, may approve the Recipient's request to modify the Performance Period, which may include one or more budget periods. When submitting Grant Extension Requests, the Recipient must comply with the Post-Award Guidelines. If the NCUA approves an extension in writing, the Performance Period End Date will be deemed amended. The NCUA's prior written approval will specifically identify the modified Performance Period End Date.

1.8 Significant Developments

Per 2 C.F.R. § 200.329, when a significant development that could impact the CDRLF Grant occurs, the Recipient must notify the NCUA. Significant developments may include, but are not limited to, (i) the merger, consolidation or acquisition of the Recipient by or with another entity, (ii) any material adverse change in the condition, financial or otherwise, or operations of the Recipient that would impair the Recipient's ability to carry out the grant, (iii) all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award, (iv) disengagement from the project for more than three months, (v) a 25 percent reduction in time and effort devoted to the project over the course of the period of performance, and (vii) any proceeding instituted against the Recipient in, by or before any court, governmental or administrative body or agency, which involves allegations of discrimination by the Recipient or could have a material adverse effect upon the operations, assets or properties of the Recipient.

1.9 Conflict of Interest Policy Requirements

No employee, contractor, consultant, or vendor of the Recipient has participated substantially for this grant-funded activity, nor otherwise benefited directly or indirectly from the grant, who, to its knowledge (assuming reasonable diligence), has a "covered relationship" with an NCUA employee who presently holds a position that would enable him or her to influence a pending or future grant award, or a payment of permitted expenses thereunder.

An employee, contractor, consultant, or vendor of the Recipient would have such a "covered relationship" if he or she were either a member of the household of an NCUA employee who presently holds a position that would enable him or her to influence a pending or future grant award, or a payment thereunder; or a relative of such an NCUA employee with whom he or she has a close personal relationship. 5 C.F.R. § 2635.502(b)(1)(ii).

The Recipient acknowledges the NCUA reserves full discretion to deny payment under this grant in the event the NCUA determines the Recipient is, or previously was, either in breach of any condition or limitation in the Grant Agreement or in breach of the "covered relationship" restriction set forth above.

Recipients must disclose in writing to the NCUA any potential conflict of interest in accordance with NCUA policy.

1.10 Federal Civil Rights Laws and Nondiscrimination Requirements

The Recipient must conduct its activities such that no person is excluded from participation in, is denied the benefits of, or is subject to discrimination on the basis of race, color, national origin, sex (including sexual orientation and pregnancy), age, or disability in the distribution of services and/or benefits provided under this grant program. Furthermore, the Recipient must comply with all applicable Federal civil rights laws and nondiscrimination requirements, including Title VI of the Civil Rights Act of 1964 (Pub. L. No. 88-352), Title IX of the Education amendments of 1972 (Pub. L. No. 92-318, 20 U.S.C. § 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (Pub. L. No. 94-135), all applicable implementing regulations, and the requirements of any other nondiscrimination statute(s) which may apply to the Recipient. The credit union certifies that it does not operate any programs relating to diversity, equity, and inclusion that violate any applicable Federal civil rights laws or nondiscrimination requirements. The credit union agrees to provide evidence of its compliance as required by the NCUA.

1.11 Mandatory Disclosures, Waste, Fraud, Abuse, and Whistleblower Protections

The Recipient is aware that any false, fictitious, or fraudulent information or the omission of any material fact may subject it to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. (18 U.S.C. § 1001, 31 U.S.C. §§ 3729-3730, and 31 U.S.C §§ 3801-3812). The Recipient agrees that its compliance with all applicable Federal civil rights and nondiscrimination laws is material to the government's decision to make an award and any payment thereunder, including for purposes of the False Claims Act (31 U.S.C. §§ 3729-3730 and §§ 3801-3812).

Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any CDRLF award must report such incidents to both the NCUA and the NCUA's Office of Inspector General (OIG). The NCUA's OIG may be contacted by calling the OIG Hotline at 703.518.6357 or 800.778.4806, or by sending an email to oigmail@ncua.gov.

Per 2 C.F.R. § 200.113, the Recipient must promptly disclose whenever, in connection with the Federal award (including any activities or subawards thereunder), it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act (31 U.S.C. §§ 3729-3733). The disclosure must be made in writing to the NCUA, OIG, and the pass-through entity (if applicable).

1.12 Remedies for Noncompliance, Termination and Enforcement

Termination and enforcement actions taken by NCUA will be in accordance to the provisions outlined in 12 C.F.R. § 705.10, Appeals, 2 C.F.R. § 200.339, Remedies for noncompliance, through 2 C.F.R. § 200.343, Effects of suspension and termination. The award may be suspended or terminated in part or in its entirety as follows:

1. By NCUA if the Recipient fails to comply with the terms and conditions of the CDRLF Grant.
2. By NCUA, to the extent authorized by law, for its sole convenience if it deems such termination to be in the national interest of the Government.
3. By NCUA, to the extent authorized by law, if the CDRLF Grant no longer effectuates the program goals or agency priorities.
4. By NCUA with the consent of the Recipient, in which case the two parties must agree upon termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated.
5. By the Recipient upon sending NCUA a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the NCUA, in its sole discretion, determines that the remaining portion of the CDRLF Grant will not accomplish the purposes for which the Federal award was made, the NCUA may terminate the CDRLF Grant in its entirety.

No Waiver. No course of dealing on the part of the NCUA or any delay or failure on the part of the NCUA to exercise any right in the Grant Agreement will operate as a waiver of the right or otherwise prejudice the NCUA's rights, powers and remedies under the FCU Act, NCUA's Rules and Regulations, the Grant Agreement, or any other applicable law or regulation.

Section 2. Financial and Property Management

2.1 Financial Management and Federal Payments

Total Amount of Federal Funds Obligated. The Total Amount of Federal Funds Obligated stated on the Grant Agreement is available for payment and allotted to this award. The Recipient agrees to perform up to the point at which the total amount paid or payable by the NCUA approximates and does not exceed the Total Amount of Federal Funds Obligated. The Recipient is not authorized to continue performance beyond the Total Amount of Federal Funds Obligated. NCUA is not required to reimburse the Recipient for the expenditure of amounts more than the Total Amount of Federal Funds Obligated.

Electronic Funds Transfer. In accordance with the Debt Collection Improvement Act of 1996 (Pub. L. No. 104-134), the NCUA must make grant payments by Electronic Funds Transfer. Accordingly, the Recipient must submit its current financial institution information to the NCUA using the NCUA 2005 - Authorization Agreement For Electronic Funds Transfers (EFT).

Payment Requests. Payment requests must comply with the Post-Award Guidelines. Recipients receiving payment in advance must maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the non-federal entity, and financial management systems that meet the standards for fund control and accountability. Further instructions and requirements are addressed in the Post-Award Guidelines.

2.2 Cost Sharing

Where applicable, cost sharing requirements are addressed in the NOFO and Post- Award Guidelines.

2.3 Record Retention and Access

The Recipient must comply with all record retention and access requirements set forth in the Uniform Requirements at 2 C.F.R. §§ 200.334-338 and the Post-Award Guidelines. The NCUA, Inspectors General, the Comptroller General of the United States, and their representatives must have full and free access during reasonable business hours to the Recipient's offices and facilities and all books, documents, records, reports, and financial statements relevant to the CDRLF Grant.

2.4 Audit Requirements

Per 2 C.F.R. part 200, subpart F, Recipients are required to have an audit conducted if they hold $1,000,000 or more in federal awards during a fiscal year. Recipients that hold less than $1,000,000 in federal awards are exempt from this requirement.

For example, if a credit union uses a $250,000 loan from the NCUA's CDRLF and a $750,000 grant from the CDFI Fund, totaling $1,000,000 in federal awards during the same fiscal year, then the credit union must have an audit conducted.

Section 3. Miscellaneous Provisions

3.1 Representations And Warranties

The Recipient represents and warrants to the NCUA the following:

Organization, Standing and Powers. The Recipient is a credit union validly existing and in good standing under federal law or the laws of the state its legal formation and has all requisite power and authority to own and operate its assets and properties, to carry on its business as it is now being conducted and to carry out the grant. The execution, delivery and performance by the Recipient of the Grant Agreement and carrying out the grant are within the Recipient's powers and have been duly authorized.

Status as a Qualifying Credit Union. The Recipient is Qualifying Credit Union as defined in 12 C.F.R. § 705.2. Since its designation as a low-income-designated credit union under the NCUA's Rules and Regulations, the Recipient has neither actual nor constructive knowledge of any changes that may adversely affect its status.

3.2 Communications

The Recipient is aware that the NCUA will correspond electronically using the email address provided in the Application. The Recipient must maintain current contact information in the NCUA's Grant Management System and notify the NCUA of any changes to the credit union's organizational or contact information. Recipient notifications to the NCUA must be to the NCUA's Office of Credit Union Resources and Expansion (CURE). via email at cureapps@ncua.gov. The Recipient must include the Federal Award Identification Number (FAIN)/Award ID in the Subject line.

3.3 Severability

If any provision of this Grant Agreement is for any reason be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability must not affect any other provision of the Grant Agreement, and the Grant Agreement must be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Should any provision of this award be held to be invalid or unenforceable by its terms, that provision must first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision must be deemed severable from this award.

3.4 Successors and Assigns

If the Recipient merges with or is acquired by another entity, the NCUA reserves the right to request information from and examine the new entity and determine its eligibility as a Recipient. If the NCUA determines in its sole discretion that the new entity is not eligible or acceptable as a Recipient, or if the new entity does not agree to comply with all the provisions of the Grant Agreement, the NCUA may terminate the Grant Agreement and take any or all remedies it deems appropriate.

The Recipient may not assign, pledge or otherwise transfer any rights, benefits or responsibilities of the Recipient under the Grant Agreement without the prior written consent of the NCUA.

3.5 Amendments

The terms of the Grant Agreement may be amended, modified, or supplemented by the mutual written consent of the parties hereto. Notwithstanding, the NCUA may, upon reasonable notice to the Recipient, unilaterally amend the Grant Agreement for the sole purpose of granting extension requests, making ministerial or administrative changes or correcting scrivener's errors.

3.6 Headings

The headings contained in the Grant Agreement are for convenience only and must not affect the meaning or interpretation of the Grant Agreement.

3.7 Definitions and Capitalized Terms

Capitalized terms used, but not defined herein, will have the respective meanings assigned to them in the FCU Act, the Program Regulations, Grant Award Terms and Conditions, NOFO (where applicable), Application Guidelines, Post-Award Guidelines, and the Uniform Requirements (as such terms are defined). When used in the Grant Agreement (including all schedules and any amendments hereto), the following terms have the meanings specified below. The applicable Grant Award Terms and Conditions, NOFO, Application Guidelines, and Post-Award Guidelines are available on the NCUA's Grant website at https://ncua.gov/support-services/credit-union-resources-expansion/grants-loans/grants.

Program or CDRLF means the Community Development Revolving Loan Fund for credit unions authorized by the Federal Credit Union Act, as amended (12 U.S.C. § 1772c-1), 42 U.S.C. § 9812 (1981) and 42.U.S.C. § 9822.

Program Regulations means the regulations set forth in 12 C.F.R. part 705, as may be amended from time to time.

Application Guidelines means (1) the Urgent Need Grant Initiative Application Guidelines for grants awarded pursuant to 12 C.F.R. § 705.8 or (2) the CDRLF Grant Round Application Guidelines for the applicable NOFO identified in the Grant Agreement.

Post-Award Guidelines means (1) the Urgent Need Grant Post-Award Guidelines for grants awarded pursuant to 12 C.F.R. § 705.8 or (2) the CDRLF Post-Award Guidelines for the applicable NOFO identified in the Grant Agreement.

Uniform Requirements means the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards set forth in 2 C.F.R. part 200, as may be amended from time to time.

3.8 Applicable Law

The Grant Agreement must be governed by and construed in accordance with Federal law to the extent such Federal law is applicable, and to the extent Federal law is not applicable, the Grant Agreement must be governed by and construed in accordance with the law of the State of formation of the Recipient.

Chapter 2: Program Specific Terms and Conditions

1.1 General

Program-specific terms and conditions are designed to ensure that the objectives of the Program are met effectively, and the funds are utilized as intended. NCUA grants may have a unique set of requirements and obligations that are specifically tailored to meet the Program's goals. Program specific terms and conditions are also incorporated into the NOFO, Application Guidelines and Post-Award Guidelines where applicable. Recipients should refer to these documents to ensure full understanding and compliance.

1.2 Examination by NCUA

If the Recipient is a non-federally insured credit union, for the applicable record retention period set forth in 2 C.F.R. § 200.334, the Recipient agrees to be subject to examination by NCUA to the similar to a state-chartered credit union that is federally insured by NCUA, and for this purpose shall make its books and records accessible to NCUA. For the applicable record retention period set forth in 2 C.F.R. § 200.334, the Recipient shall be subject to the provisions of 12 U.S.C. §1786 as if the Recipient were a state-charter credit union federally insured by NCUA and must make copies of its state examination reports available to NCUA.

Appendix A: National Policy Requirements for CDRLF Grants

The table below outlines various Federal laws and policies that may apply to CDRLF Grants. Recipients are responsible for making sure activities funded by Federal awards comply with applicable Federal requirements, whether the Recipients carry out those activities directly or use contractors or subrecipients. See 2 C.F.R. §§ 200.101(b) (1), 200.300(a), 200.303, 200.329(a), and 200.332. The table is not an exhaustive list of all applicable Federal laws and policies. By signing or accepting Federal funds, the Recipient agrees that it will comply with all applicable requirements of Federal laws, executive orders, regulations, and policies governing this Program.

Statutory/Regulatory/and Executive Based Requirements

• The Office of Management and Budget (OMB) Guidance for Federal financial assistance (Title 2 of the Code of Federal Regulations, Subtitle A). The following award terms apply and are incorporated by reference:
  • Appendix A-Award Term to 2 CFR part 25, Unique Entity Identifier and System for Award Management. When registering in SAM.gov, the Authorized Credit Union Official agreed to the Financial Assistance General Certifications and Representations. The Financial Assistance General Certifications and Representations identify certain requirements and require compliance with all applicable laws and policies. These are binding on every award. These certifications and representations can be found in Appendix I of the SAM.gov Entity Registration Checklist on the Get Started with Registration and the Unique Entity ID page.
  • Appendix A to 2 CFR part 175, Award Term for Trafficking in Persons. Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104(g)) prohibits Recipients or a subrecipient from (1) engaging in severe forms of trafficking in persons during the period of time that the award is in effect, (2) procuring a commercial sex act during the period of time that the award is in effect, or (3) using forced labor in the performance of the award or subawards under the award.
  • Appendix A Award Term to 2 CFR part 170, Reporting Subaward and Executive Compensation Information. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282) (Transparency Act), as amended (For CDRLF Grants with a Grant Amount of $30,000 or more).
  • 2 CFR part 182, Government-Wide Requirements for Drug-free Workplace. The Recipient must maintain a drugfree- workplace and notifying the NCUA if an employee is convicted of violating a criminal drug law.
  • 2 CFR part 180, Nonprocurement Debarment and Suspension. The Recipient must determine whether any individual or entity (or principal thereof), receiving any portion of the CDRLF Grant is currently debarred, suspended, excluded or disqualified by the NCUA or any other Federal department or agency. The Recipient must include in all of its procurement and nonprocurement contracts and agreements, between the Recipient and an individual or entity (or principal thereof) receiving any portion of the CDRLF Grant, a representation that such individual or entity (or principal thereof) is not currently debarred, suspended, excluded or disqualified by any Federal department or agency. Notwithstanding the foregoing, the above representations are not required in those procurement contracts in which the Recipient enters into for goods or services for less than $25,000.
  • 2 C.F.R. § 200.216-Prohibition on Certain telecommunications and video surveillance services or equipment. Recipient is prohibited from obligating or expending loan or grant funds to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system in accordance with Pub. L. No. 115-232, § 889.
• Executive Orders (EO). Please note that executive orders applicable to federal funding can be found on the Federal Register: Executive Orders webpage.
  • E014151, Ending Radical and Wasteful Government DEI Programs and Preferencing
  • EO 14154, Unleashing American Energy
  • EO 14159, Protecting the American People Against Invasion
  • EO 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
  • EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity
  • EO 14218, Ending Taxpayer Subsidization of Open Borders
  • EO 14224, Designating English as the Official Language of the United States
  • EO 14331, Guaranteeing Fair Banking for All Americans
  • EO 14332, Improving Oversight of Federal Grantmaking