18 Miss. Code. R. 8-1.1-3 - Regulations, Certifications and Standard Assurances

Subgrantees are to comply with the regulations, policies, guidelines, and requirements imposed by the federal sponsoring agency and MDHS. Subgrantees are to comply with State statutes and implementing regulations that may also be applicable. Federal and State requirements include the specific program regulations applicable to each individual award as specified in the subgrant agreement.

Current federal regulations are available on the Internet at the following sites:

1. Code of Federal Regulations - www.ecfr.gov

2. Federal Register - https://www.federalregister.gov/

3. OMB Circulars - www.whitehouse.gov/omb

Please refer to 2 C.F.R. §200 Subparts A-F that are particularly applicable to Subgrantees, which includes Executive Orders, Federal Regulations, and OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards, as implemented by the various Federal grantor agencies. Please note that these rules and regulations are subject to change, and it is the Subgrantee's responsibility to maintain compliance with all applicable rules, regulations, standard assurances and certifications as updated.

Subgrantees holding and administering an MDHS subgrant shall satisfactorily complete any MDHS required training related to MDHS policy, and Federal and State regulations. Subgrantees will be responsible for ensuring lower tier recipients adhere to the requirements as outlined in any MDHS subgrant training as well as any changes and/or updates to MDHS policy, and Federal and State requirements.

Each Subgrantee and any lower-tier subrecipient must assure compliance with the regulations, policies, guidelines, and requirements imposed by the Federal grantor agency, any applicable state statutes and MDHS. There may be additional assurances required by certain Federal awarding agencies. Therefore, all Subgrantees are responsible for knowing the specific requirements of their awards.

Certifications

Each Subgrantee must certify in writing that it will comply with the following regulations:

1. Lobbying: Shall provide certification regarding lobbying to comply with Section 319, PL 101-121 (31 USC 1352);

2. Suspension and debarment: Shall provide the required certification regarding their exclusion status and that of their principals prior to the award in accordance with Executive Orders 12549 and 12689 Debarment and Suspension;

3. Drug-Free Workplace: Shall provide certification to comply with the Drug-Free Workplace Act of 1988;

4. Unresolved Monitoring and Audit Findings; and

5. Fidelity Bond Coverage Employees or Board Member of Subgrantees, with fiscal responsibility, shall have a fidelity/dishonesty bond in the amount of twenty-five (25%) of the total subgrant amount. Employees or Board Members of Subgrantees with fiscal responsibility include:

1. Those personnel who directly authorize the disbursement of funds;

2. Those personnel who approve the request for funds disbursement;

3. Those personnel with check issuance authority; and

4. Those personnel who receive or deposit funds and/or reconcile financial records.

Reference 2 CFR § 200.304

Standard Assurances

The Subgrantee assures the following:

1. The Subgrantee has the legal authority to apply for and receive the subgrant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the subgrant, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee to act in connection with the subgrant and to provide such additional information as may be required;

2. The Subgrantee shall give MDHS, the State Auditor's Office, the Federal grantor agency, the Comptroller General, or any other appropriate authorized State or Federal representatives, access to and the right to examine and copy all records, books, papers, documents, or any items related to the subgrant for as long as these records are required to be retained;

3. The Subgrantee shall establish and maintain both fiscal and program controls and accounting procedures in accordance with Generally Accepted Accounting Principles and Federal grantor agency and MDHS directives and will keep and maintain such books and records for audit by MDHS, by the Federal grantor agency, by the State Auditor, or by the authorized representatives; and will maintain either electronic or paper files of all such records, books, papers, documents, or items for a period of at least three (3) years from the date of submission of the final Claim Support Form: Cost Reimbursement (MDHS-BA-CS-001). If any litigation, claim, audit, or action has begun before the expiration of the three (3) year period, Subgrantee will retain all such items until the completion of the action and resolution of all issues involved or until the end of the regular three (3) year period, whichever is later, and will obtain written approval from the MDHS Privacy Officer prior to destroying any such items as described above upon the expiration of the above-stated period. The request shall be completed by submission of the 'Request to Dispose of Records' form (MDHS-DOM-001);

4. The Subgrantee shall comply with the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;

5. The Subgrantee shall provide, in a timely manner, written disclosure, and all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the subgrant;

6. The Subgrantee shall disclose any potential or known conflicts of interests and provide the system of established safeguards to prohibit employees from using their positions for a purpose that involves nepotism, and constitutes or presents the appearance of any other personal or organizational conflict of interest or personal gain;

7. The Subgrantee shall comply with the rental requirements of 2 C.F.R. § 200.465 and certify the status of any lease as "arm's length" or "less than arm's length". In the event that a lease is "less than arm's length", then the Subgrantee must attest that the lease complies with the federal code and the allowable expenses.

8. The Subgrantee shall comply with all Federal and State statutes to discrimination, including, but not limited to:

a. Title VI of the Civil Rights Act of 1964, prohibiting discrimination on basis of race, color, or national origin;

b. Title VII of the Civil Rights Act of 1964, relating to non-discrimination in matters of recruitment, hiring, promotion, and other employment practices;

c. Title VIII of the Civil Rights Act of 1968, as amended, relating to nondiscrimination of the sale, rental, or financing of housing;

d. Title IX of the Education Amendments of 1972, as amended, prohibiting discrimination on the basis of gender in federally assisted education programs and activities;

e. Age Discrimination Act of 1975, prohibiting discrimination on the basis of age;

f. Section 11(c) of the Food and Nutrition Act of 2008, as amended prohibiting discrimination in SNAP on the basis of race, sex, religious creed, national origin, or political beliefs.

g. Section 504 of the Rehabilitation Act of 1973, prohibiting discrimination on the basis of disability;

h. Title I, Title II and Title III of the Americans with Disabilities Act (ADA) (1990), as amended by the ADA Amendments Act of 2008;

i. Omnibus Reconciliation Act of 1981, prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, and disability;

j. Drug Abuse Office and Treatment Act of 1972, as amended, relating to nondiscrimination on the basis of drug abuse;

k. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism;

l. Section 523 and 527 of the Public Health Service Act of 1912, as amended, relating to confidentially of alcohol and drug abuse patient records; and

m. Any other non-discrimination provisions in the specific statute(s) under which these monies will be granted or awarded and the requirements of any other nondiscrimination statute(s) that may apply to this subgrant or award.

9. The Subgrantee shall ensure that buildings and facilities owned, occupied, or financed by the United States government are accessible to and usable by individuals with disabilities in accordance with the 2010 ADA Standards for Accessible Design;

10. The Subgrantee must take reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to programs, services, and benefits. Subgrantees that do not provide meaningful access for LEP individuals risk violating prohibitions against discrimination based on National Origin in violation of Title VI of the Civil Rights Act of 1964. Public entities and public accommodations also must ensure equal opportunity access for persons with disabilities. This includes ensuring that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with people without disabilities. Subgrantees, public entities and public accommodations that do not provide persons with disabilities equal opportunity access to programs may risk violating prohibitions against disability discrimination in Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA) of 1990, as amended, by the ADA Amendments Act of 2008.

11. The Subgrantee shall comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal assisted programs. These provisions apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases;

12. The Subgrantee shall comply with the provisions of the Hatch Act, as amended, which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds;

13. The Subgrantee shall comply, as applicable, with the provisions of the Davis-Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act, regarding labor standards for federally assisted construction agreements;

14. The Subgrantee shall conform with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by EO 11375, and as supplemented in Department of Labor regulations ( 41 C.F.R. § 60 ) and will incorporate an equal opportunity clause in federally assisted construction contracts and subcontracts;

15. The Subgrantee shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act;

16. The Subgrantee shall comply with the Intergovernmental Personnel Act of 1970 relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OBM's Standards for a Merit System of Personnel Administration;

17. The Subgrantee shall comply, if applicable, with Section 102(a) of the Flood Disaster Protection Act of 1973, which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of the insurable construction and acquisition is $10,000 or more;

18. The Subgrantee shall comply with the Lead-Based Paint Poisoning Prevention Act, which prohibits the use of lead-based paint in construction or rehabilitation of residential structures;

19. The Subgrantee shall assist the Federal grantor agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974;

20. The Subgrantee shall comply with environmental standards which may be prescribed pursuant to the following:

(a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order 11514;

(b) notification of violating facilities pursuant to Executive Order 11738;

(c) conformity of Federal actions to State (Clean Air) implementation plans under Section 176 of the Clean Air Act of 1955, as amended;

(d) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended;

(e) Protection of endangered species under the Endangered Species Act of 1973, as amended;

(f) Section 6002 of the Resource Conservation and Recovery Act;

(g) the Coastal Barriers Resources Act;

(h) protection of Wetlands pursuant to EO 11988;

(i) evaluation of flood hazards in flood plains in accordance with EO 11988; and

(j) assurance of project consistency with the approved State Management Program developed under the Coastal Zone Management Act of 1972;

21. The Subgrantee shall comply with the Wild and Scenic Rivers Act of 1968 related to protecting components or potential components of the national wild and scenic rivers system;

22. The Subgrantee shall comply with Laboratory Animal Act of 1966 pertaining to the care, handling, and treatment of warm-blooded animals held for research, development and related activities supported by this subgrant;

23. The Subgrantee shall comply with Public Law (PL) 93-348 regarding the protection of human subjects involved in research, development and related activities supported by this subgrant;

24. The Subgrantee shall comply with Federal regulations regarding criteria for cost sharing or matching contributions;

25. The Subgrantee shall assure all funds received shall be used only to supplement services and activities that promote the purpose for which the grant is awarded and not supplant, unless specifically authorized by the program regulations and MDHS;

26. The Subgrantee shall comply with all applicable requirements of all other Federal and State laws, Executive Orders, regulations, and policies governing the program(s) for which these monies are provided and with the terms and conditions of the subgrant, including but not limited to all documentation/information required by MDHS for federal reporting purposes.

27. The Subgrantee shall comply with The Privacy Act of 1974 (5 U.S.C. 552a) related to gathering and disclosing of information and documentation maintained on individuals;

28. The Subgrantee shall comply with all requirements of the Federal Funding Accountability and Transparency Act (FFATA). This includes providing the grantor a Unique Entity Identifier (UEI) and other information such as executive compensation data when required so the grantor can meet the reporting requirements of FFATA;

29. The Subgrantee shall comply with the Program for Enhancement of Contractor Employee Whistleblower Protections (48 C.F.R. § 3.908-3, 48 C.F.R. § 52.203-17 and 41 U.S.C. § 4712). Specifically, the Subgrantee/lower-tier subrecipient shall provide written notification to all employees of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in 48 C.F.R. § 3.908 of the Federal Acquisition Regulation. Subgrantees shall also include in each agreement with lower-tier subrecipients the required whistleblower provisions, as mandated in 48 C.F.R. § 52.203-17.

30. The Subgrantee shall provide the required certification regarding lobbying to comply with Section 319, PL 101-121 (31 U.S.C. 1352);

31. The Subgrantee shall provide the required certification regarding their exclusion status and that of their principals prior to the award in accordance with Executive Orders' 12549 and 12689 Debarment and Suspension;

32. The Subgrantee shall provide certification to comply with the Drug-Free Workplace Act of 1988.

33. Faith-based Subgrantees shall certify that they will not use direct government support to support "inherently religious" activities. Faith-based organizations will not use any part of a direct Federal grant to fund religious worship, instruction, or proselytization. Funds may be used only to support the non-religious social services that are provided by the Subgrantee.

34. Subgrantees must promptly disclose any credible evidence of the commission of a violation of Federal criminal law involving suspected fraud, conflict of interest, bribery, or gratuity violations potentially affecting the Subgrant award. The disclosure must be submitted in writing to MDHS Office of Inspector General.

Subgrantees are responsible for ensuring that any lower-tier subrecipients are compliant with the above listed regulations, certifications, and assurances, as well as any other applicable requirements of all other Federal and State laws, Executive Orders, regulations, and policies governing the program(s) for which these monies are provided and with the terms and conditions of the original Subgrant, including but not limited to all documentation/information required by MDHS for federal reporting purposes.

Notes

18 Miss. Code. R. 8-1.1-3

Amended 1/13/2017 Amended 1/14/2018 Amended 1/9/2020 Amended 9/25/2021 Amended 9/8/2022 Amended 10/2/2023 Amended 10/10/2024