ATTACHMENT A - Federal Funds.docx
DOCX document 17 KB Posted
- Attached to
- Progress Corticon
- Solicitation number
- BPM055898
- Issued by
- Maryland
About this file
This file is an attachment outlining federal funding requirements and restrictions that apply to sub-recipients of federal funds through the Department of Health and Mental Hygiene in Maryland. The document establishes mandatory compliance frameworks across multiple federal statutes and regulations governing the use of federal funds. The attachment does not address specific products, services, project overviews, quantities, response dates, due dates, site visits, bidder meetings, award dates, or contract terms, as it functions as a regulatory reference document rather than a procurement solicitation.
The document establishes funding thresholds and associated compliance obligations for federal award recipients. Organizations receiving more than $100,000 in federal funds must submit certifications against lobbying and disclose lobbying activities on Form LLL. All sub-recipients must certify compliance with environmental tobacco smoke prohibitions under the Pro-Children Act of 1994. Entities expending $300,000 or more in federal assistance ($500,000 for fiscal years after December 31, 2003) must undergo single or program-specific audits in accordance with OMB Circular A-133. Recipients of $10,000 or more must include Rehabilitation Act Sections 503 and 504 requirements in contract language, mandating affirmative action for disabled employees and prohibiting discrimination based on handicap. Additional federal compliance requirements include Title VI Civil Rights Act prohibitions on race, color, and national origin discrimination; salary caps for SAMHSA and NIH sub-recipients at Executive Level 1; Age Discrimination Act of 1975 compliance; Title IX sex discrimination prohibitions for education programs; and human subjects protection certifications for research projects. The document notes that specific funding sources may impose additional conditions and restrictions applicable only to those particular federal programs.
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Other files
| File | Type | Posted |
|---|---|---|
| Federal Funds Addendum.pdf | ||
| Certificate Regarding Lobbying.docx | DOCX document | |
| Certification Regarding Investments in Iran (1).docx | DOCX document | |
| PORFP Progress Corticon.docx | DOCX document | |
| No Bid Form.docx | DOCX document |
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ATTACHMENT A – FEDERAL FUNDS ATTACHMENT
A Summary of Certain Federal Fund Requirements and Restrictions [Details of particular laws, which may levy a penalty for noncompliance, are available from the Department of Health and Mental Hygiene.]
| 1. | Form and rule enclosed: 18 U.S.C. 1913 and Section 1352 of P.L. 101-121 require that all prospective and present sub-grantees (this includes all levels of funding) who receive more than $100,000 in federal funds must submit the form “Certification Against Lobbying.” It assures, generally, that recipients will not lobby federal entities with federal funds, and that, as is required, they will disclose other lobbying on form SF- LLL. |
| 2. | Form and instructions enclosed: “Form LLL, Disclosure of Lobbying Activities” must be submitted by those receiving more than $100,000 in federal funds, to disclose any lobbying of federal entities (a) with profits from federal contracts or (b) funded with nonfederal funds. |
| 3. | Form and summary of Act enclosed: Sub-recipients of federal funds on any level must complete a “Certification Regarding Environmental Tobacco Smoke,” required by Public Law 103-227, the Pro-Children Act of 1994. Such law prohibits smoking in any portion of any indoor facility owned or leased or contracted for regular provision of health, day care, early childhood development, education, or library services for children under the age of 18. Such language must be included in the conditions of award (they are included in the certification, which may be part of such conditions.) This does not apply to those solely receiving Medicaid or Medicare, or facilities where WIC coupons are redeemed. |
| 4. | In addition, federal law requires that: |
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations requires that grantees (both recipients and sub-recipients) which expend a total of $300,000 or more ($500,000 for fiscal years ending after December 31, 2003) in federal assistance shall have a single or program-specific audit conducted for that year in accordance with the provisions of the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 and the Office of Management and Budget (OBM) Circular A-133. All sub-grantee audit reports, performed in compliance with the aforementioned Circular shall be forwarded within 30 days of report issuance to the Contract Manager.
| B) | All sub-recipients of federal funds comply with Sections 503 and 504 of the Rehabilitation Act of 1973, the conditions of which are summarized in item (C). |
| C) | Recipients of $10,000 or more (on any level) must include in their contract language the requirements of Sections 503 (language specified) and 504 referenced in item (B). |
Section 503 of the Rehabilitation Act of 1973, as amended, requires recipients to take affirmative action to employ and advance in employment qualified disabled people. An affirmative action program must be prepared and maintained by all contractors with 50 or more employees and one or more federal contracts of $50,000 or more.
This clause must appear in subcontracts of $10,000 or more:
| a) | The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. |
| b) | The contractor agrees to comply with the rules, regulations, and relevant orders of the secretary of labor issued pursuant to the act. |
| c) | In the event of the contractor’s non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations and relevant orders of the secretary of labor issued pursuant to the act. |
| d) | The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the director, provided by or through the contracting office. Such notices shall state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. |
| e) | The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. |
| f) | The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the [federal] secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. |
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 791 et seq.) prohibits discrimination on the basis of handicap in all federally assisted programs and activities. It requires the analysis and making of any changes needed in three general areas of operation- programs, activities, and facilities and employment. It states, among other things, that:
Grantees that provide health ... services should undertake tasks such as ensuring emergency treatment for the hearing impaired and making certain that persons with impaired sensory or speaking skills are not denied effective notice with regard to benefits, services, and waivers of rights or consents to treatments.
| D) | All sub-recipients comply with Title VI of the Civil Rights Act of 1964 that they must not discriminate in participation by race, color, or national origin. |
| E) | All sub-recipients of federal funds from SAMHSA (Substance Abuse and Mental Health Services Administration) or NIH (National Institute of Health) are prohibited from paying any direct salary at a rate more than Executive Level 1 per year. (This includes, but is not limited to, sub-recipients of the Substance Abuse Prevention and Treatment and the Community Mental Health Block Grants and NIH research grants.) |
| F) | There may be no discrimination on the basis of age, according to the requirements of the Age Discrimination Act of 1975. |
| G) | For any education program, as required by Title IX of the Education Amendments of 1972, there may be no discrimination on the basis of sex. |
| H) | For research projects, a form for Protection of Human Subjects (Assurance/ Certification/ Declaration) should be completed by each level funded, assuring that either: (1) there are no human subjects involved, or that (2) an Institutional Review Board (IRB) has given its formal approval before human subjects are involved in research. [This is normally done during the application process rather than after the award is made, as with other assurances and certifications.] |
| I) | In addition, there are conditions, requirements, and restrictions which apply only to specific sources of federal funding. These should be included in your grant/contract documents when applicable. |
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