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61. Good Standing. <br />The Contractor must be currently authorized to do business in all states where it proposes to provide <br />counseling services and the Contractor has current certificates of good standing in all states in <br />which it operates. <br />62. Duplicate Client Reset. <br />Any client who received counseling services prior to January 1, 2016 will be eligible to be <br />counseled again by the Contractor on or after January 1, 2016 at any level. The duplicate reset only <br />applies to level 1 and 2 clients. Contractor will be required to document that the client received the <br />appropriate level of service again, after January 1, 2016 and all current required documentation is <br />maintained in the client file, with the new intake date. In order for a client to be uploaded into the <br />Data Collection System for payment, the homeowners must have received a new counseling session <br />after January 1, 2016 and all required documentation must be updated as of the new intake date and <br />recorded in the client file. The Contractor cannot submit subordinate liens for a homeowner whose <br />primary lien was already serviced by the counselor previously and where this is not a change in <br />circumstance for the borrower or change in workout options available to the borrower, nor should <br />the Contractor .resubmit clients who have on -going cases without any substantial change in <br />circumstances and that have already been filled in a previous round of funding. <br />63, Client_Ri2hts. <br />In order to keep as many options as possible available to clients, the Contractor must not engage in <br />exclusivity agreements with clients seeking foreclosure or delinquency counseling or interested <br />parties such as servicers or lenders, not shall they otherwise engage in practices which exclude other <br />counseling agencies from working with its clients or its clients' servicers or lenders, should the <br />client willingly seek assistance from another organization. <br />64. Indirect Cost Rate. <br />According to 2 CFR 200.414(f), the Contractor may charge a de minimis rate of 10% of modified <br />total direct costs (MTDC). As described in 2 CFR 200.403, Factors affecting allowability of costs, <br />costs must be consistently charged as either indirect or direct costs, but may not be double charged <br />or inconsistently charged as both. if chosen, this methodology once elected must be used <br />consistently for all Federal awards until such time as the Contractor chooses to negotiate a rate, <br />which the Contractor may apply to do at any time. <br />A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a <br />Federal cognizant agency for indirect costs or maintained on file by the Contractor, must be <br />certified by the Contractor using the Certificate of Cost Allocation Plan or Certificate of Indirect <br />Costs as set forth in Appendices III through VII, and Appendix IX in 2 CFR part 200. The <br />certificate must be signed on behalf of the Contractor by an individual at a level no lower than vice <br />president or chief financial officer of the Contractor. <br />{00028595-1) <br />Page 19 of 39 <br />