2-Youth STEM TANF STC (5-20-25).docx

TANF STC (5-20-25)

SPECIAL FEDERAL AWARD TERMS AND CONDITIONS

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Pursuant to OMB Uniform Guidance (2 CFR Part 200) provisions at 2 CFR §§ 200.101(b)(2) and 200.332(a)(2), these Special Federal Terms and Conditions for Temporary Assistance for Needy Families (TANF) grants pass through Terms and Conditions specific to the Federal award, which are not set forth elsewhere in this Texas Workforce Commission (TWC) grant award. These grant funds awarded by TWC must be used in compliance with the following Federal Terms and Conditions in addition to the other provisions of this TWC grant award.

Availability of Federal Award Terms In some cases, Federal grant funds become available to the TWC for award before TWC obtains the associated Federal Award Terms for the monies. When award execution does not allow for delay, TWC may base the Special Federal Award Terms and Conditions for a grant award on the most recent prior Federal Award Terms and Conditions available, and later amend the TWC grant award when updated Federal terms are available. This action is most often used when Federal Award Terms and Conditions are not expected to differ significantly from the most recent prior terms available at the time TWC makes the award.

Federal Funding Disclosure Statement This TWC grant award must be used in compliance with Section 632 of Public Law 117-328, the “Consolidated Appropriations Act, 2023,” which reads:

When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all recipients receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state:

the percentage of the total costs of the program or project which will be financed with Federal money;

the dollar amount of Federal funds for the project or program; and percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

Prohibition Against Profit Unless exempted by 45 CFR §75.101, program regulations, and/or the terms and conditions of the award:

1. Recipients are subject to the limitations set forth in 45 CFR §75.216, Special provisions for awards to commercial organizations as recipients (45 CFR §75.216(b) Prohibition against profit), which states that, "...no HHS funds may be paid as profit to any recipient even if the recipient is a commercial organization. Profit is any amount in excess of allowable direct and indirect costs."

Recipients are subject to the limitations under 45 CFR §75.400, Policy Guide (45 CFR §75.400(g)), which states “The non-Federal entity may not earn or keep profit resulting from Federal financial assistance, unless explicitly authorized by the terms and conditions of the Federal award. See also §75.307.”

Equal Treatment for Faith-Based Organizations Recipients are subject to the requirements of 45 CFR §87, Equal Treatment for Faith-Based Organizations. Pursuant to 45 CFR §87, this TWC grant award, subawards, or contracts under the TANF program shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under these programs.

This provision shall not be interpreted to prohibit making subawards to or contracting for goods or services with any religious institution or entity.

The full text is located at: https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-87 Pro-Children Act of 1994 Smoking Prohibitions In accordance with Title X, Part C of Public Law 103-227, the “Pro-Children Act of 2001,” (20 U.S.C. §7181-7844), smoking may not be permitted within any indoor facility (or portion of such facility) owned or regularly used for the provision of health, day care, education or library services to children under the age of 18, if the services are funded by Federal programs whether directly or through State or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts. The law does not apply to children’s services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or facilities and used impatient drug or alcohol treatment, or facilities where WIC coupons are redeemed.

The above language must be included in any subawards that contain provisions for children’s services and that all sub-grantees shall certify compliance accordingly. Failure to comply with the provisions of the law may result in a civil monetary penalty of up to $1,000 per violation and/or the imposition of an administrative compliance order on the responsible entity.

Human Trafficking Provisions This TWC grant award is subject to the requirements in Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. §7104). The full text of this requirement is found on the HHS Web site at: https://www.acf.hhs.gov/grants/award-term-and-condition-for- trafficking-in-persons.

Construction Prohibitions Unless superseded by program-specific regulations, this TWC grant award may not be used for construction or the purchase of land.

Telecommunications Title 2 CFR §200.216, Prohibition on certain telecommunications and video surveillance services or equipment.

a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds (to include direct and indirect expenditures as well as cost share and program) to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) 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. As described in Pub.L. 115- 232, Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

ii. Telecommunications or video surveillance services provided by such entities or using such equipment.

iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Changes in Micro-purchase and Simplified Acquisition Thresholds The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 increased the micro-purchase threshold to $10,000 and the Simplified Acquisition Threshold (SAT) to $250,000. In accordance with 41 U.S.C.§1902(f), changes to the thresholds are not effective until implemented in the Federal Acquisition Regulations (FAR). However, pursuant to 2 CFR §200.102, OMB has issued an exception that allows the increased thresholds to be used pending codification in the FAR, effective June 20, 2018. In addition, the National Defense Authorization Act for Fiscal Year 2017, establishes a uniform process by which institutions of higher education, or related or affiliated nonprofit entities, nonprofit research organizations or independent research institutes can request a micro-purchase threshold above $10,000. Prior to requesting a higher threshold, please contact the Grants Management Specialist identified on your notice of award or award letter for instructions to submit the request.

Non-Discrimination Legal Requirements for Recipients of Federal Financial Assistance The project must be administered in compliance with federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age and, in some circumstances, religion, conscience, and sex. This includes taking reasonable steps to provide meaningful access to persons with limited English proficiency and providing programs that are accessible to and usable by persons with disabilities. The HHS Office for Civil Rights provides guidance on complying with civil rights laws enforced by HHS. See https://www.hhs.gov/civil-rights/for-providers/provider- obligations/index.html and https://www.hhs.gov/civil-rights/for- individuals/nondiscrimination/index.html.

a. For guidance on meeting your legal obligation to take reasonable steps to ensure meaningful access to your programs or activities by limited English proficient individuals, see Section 1557: Ensuring Meaningful Access for Individuals with LEP | HHS.gov and https://lep.gov.

b. For information on your specific legal obligations for serving qualified individuals with disabilities, including providing program access, reasonable modifications, and taking appropriate steps to provide effective communication, see https://www.hhs.gov/civil-rights/for-individuals/disability/index.html.

c. HHS funded health and education programs must be administered in an environment free of sexual harassment, see https://www.hhs.gov/civil-rights/for-individuals/sex- discrimination/index.html.

d. For guidance on administering your project in compliance with applicable federal religious nondiscrimination laws and applicable federal conscience protection and associated anti-discrimination laws, see https://www.hhs.gov/conscience/conscience- protections/index.html and Religious Freedom | HHS.gov.

Salary Limitation–Federal Executive Level II Federal funds for these grant programs consistently include a provision as part of the Consolidated Appropriations Act (e.g., Public Law 115-31, May 5, 2017) from Congress that the amount that “shall be used to pay the salary of an individual, through a grant or other extramural mechanism” including non-federal share, must not exceed the amount of the Federal Executive Level II salary for that calendar year. This amount is published annually by the U.S. Office of Personnel Management and can be found on their website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2017/executive-senior-level/ under the “Rates of Pay for the Executive Schedule” link. This amount reflects an individual’s base salary (including any portion of the salary that is paid for with indirect costs), exclusive of fringe benefits and any income that an individual may be permitted to earn outside of the duties of the non-Federal entities’ organization. This salary limitation also applies to subawards, contracts, and subcontracts under an ACF grant or cooperative agreement.

Drug-Free Workplace The Drug-Free Workplace Act of 1988, 41 U.S.C. §§8101-8106, requires that all organizations receiving grants from any Federal agency maintain a drug-free workplace. Refer to the Drug-Free Workplace Certification applicable to this grant award for notification and other requirements. Failure to comply with these requirements may be cause for suspension or debarment. Government-wide requirements for Drug-Free Workplace for Financial Assistance are found in 2 CFR Part 182; HHS implementing regulations are set forth in 2 CFR Part 382.400. All recipients of ACF grant funds must comply with the requirements in Subpart B - Requirements for Recipients Other Than Individuals 2 CFR §382.225. View the rule at this link: https://www.govinfo.gov/app/details/CFR-2001-title45-vol1 Whistleblower Protection This grant and employees working on this grant are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. The subrecipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation (48 CFR 3.903; note that for the purpose of this term and condition, use of the term “contract,” “contractor,” “subcontract,” or “subcontractor” in section 3.903 should be read as “grant,” “grantee,” “subgrant,” or “subgrantee”). The subrecipient shall insert the substance of this clause in all subgrants and contracts over the Simplified Acquisition Threshold.

Mandatory Disclosures This TWC grant award is subject to the requirements in 31 U.S.C. 3321, 41 U.S.C. 2313, and provisions found in Federal regulations at 45 CFR §75.113 and Appendix XII of this part, and 2 CFR Parts 180 and 376. Applicants and recipients must disclose, in a timely manner, in writing to Office of Grants Management (OGM), with a copy to HHS Office of Inspector General (OIG), all information related to violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient and the HHS OIG, all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Disclosures must be sent in writing to the OGM and the HHS OIG at the following addresses:

The Administration for Children and Families U.S. Department of Health and Human Services Office of Grants Management ATTN: [Insert Name of assigned Grants Management Specialist] 330 C Street, SW., Switzer Building Corridor 3200 Washington, DC 20201

AND

U.S. Department of Health and Human Services Office of Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW., Cohen Building Room 5527 Washington, DC 20201 Fax: (202) 205-0604 (Include “Mandatory Grant Disclosures” in subject line) or Email: MandatoryGranteeDisclosures@oig.hhs.gov Failure to comply may result in any noncompliance remedies in accordance with 45 CFR §75.371, including debarment and suspension. (See also 2 CFR Parts 180 and 376, and 31 U.S.C. 3321). For more information on FAPIIS, please see the Appendix XII of Part 75 - Award Term and Condition for Recipient Integrity and Performance Matters.

Debarment and Suspension 2 CFR 376 implements the government-wide debarment and suspension system guidance (2 CFR Part 180) for HHS' non-procurement programs and activities. "Non-procurement transactions" include, among other things, grants, cooperative agreements, scholarships, fellowships, and loans. ACF implements the HHS Debarment and Suspension regulations as a term and condition of award. Recipients may decide the method and frequency by which this determination is made and may check the Excluded Parties List System (EPLS) located at https://www.sam.gov, although checking the EPLS is not required.

Award Term and Condition for Unpaid Federal Tax Liability This grant is subject to the requirement contained in Section 744 of the “Consolidated Appropriations Act, 2022,” (Division E-Financial Services and General Government Appropriations Act, 2022, Title VII, General Provisions — Government-Wide), which says “None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government."

Freedom of Information Act (FOIA) Applications funded by federal grant programs are subject to disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. §552. Each released application will receive appropriate redaction of specific information to protect personal privacy and competitively sensitive commercial information. Learn more about filing a FOIA request.

Requirements for Recipient Electronic and Information Technology Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794(a)), states that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. To assist recipients in these compliance obligations, HHS suggests implementing the Section 508 standards when the recipient anticipates public use of its electronic and information technology. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d(a)(1)(A)) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, individuals with disabilities have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.

Award Term for System Award Management and Unique Entity Identifier This award is subject to requirements as set forth in System Award Management (SAM) and Unique Entity Identifier (UEI) Requirements (2 CFR 25.110).

1. Requirement for SAM:

Unless exempted from this requirement under 2 CFR 25.110, the recipient must maintain current information in the SAM. This includes information on recipient’s immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or federal financial assistance within the last three years, if applicable, until recipient submits the final financial report required under your award or receive the final payment, whichever is later. Recipient must review and update the information at least annually after the initial registration, and more frequently if required by changes in information.

Requirements for UEI:

If recipient is authorized to make subawards, recipient must:

1. notify potential subrecipients that no entity may receive a subaward from unless the entity has provided its UEI.

not make a subaward to an entity unless the entity has provided its UEI.

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