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Federal Grant Law

Litigation

There are no uniform rules across agencies regarding an appeal of a non-award.  Relief may be available through some statutes. 

Consideration by the U.S. Government Accountability Office (GAO) is limited to procurements only, but an option for disappointed non-awardees is the U.S. Court of Federal Claims.

Generally when there is a dispute with the government, the awardee will begin by taking their claim to the grant officer, after which there may be an agency level appeal, and depending upon the agency, a hearing before an administrative law judge.  Agencies are encouraged to use ADR during the dispute process.

Federal courts frequently look to contract law principles to define the rights and obligations of the parties to a federal grant.

The U.S. Government Accountability Office (GAO) can and will render decisions on the legality of grant awards in terms of compliance with applicable statutes and regulations. In addition, GAO reports also may evaluate competition in grant awards from an audit perspective.

Audits

The audit process assures accountability on the part of the grantees.  The Federal Audit Clearinghouse acts as an executive agent for the Office of Management and Budget (OMB) and maintains a public database of completed audits.

Copies of the single audit report for organizations are publicly available for all submissions that have a fiscal year beginning on or after December 26, 2014 through the requirements set forth by the OMB's Uniform Guidance.

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