ESBD_460125_1760363579673_322500192- Attachment A Special Federal Award-CCDF STC (08-08-24).pdf

CCDF STC (08-08-24) V2

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Special Federal Award Terms and Conditions

Child Care and Development Fund Grants

Pursuant to OMB Uniform Guidance (2 C.F.R. Part 200) provisions at 2 C.F.R.

§§ 200.101(b)(2) and 200.332(a)(2), these Special Federal Award Terms and Conditions for Child Care and Development Fund Grants pass through

Terms and Conditions specific to the Federal award, which are not set forth elsewhere in this 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.

Effective December 2014, the US Department of Health and Human Services

(HHS) specific implementing regulations of Uniform Administrative

Requirements, Cost Principles, and Audit Regulations for HHS Awards is codified at 45 CFR Part 75. Unless otherwise stated, grantees must refer to

HHS-specific language in 45 CFR Part 75 rather than 2 CFR Part 200.

1. Availability of Federal Award Terms

In some cases, Federal grant funds become available to the Texas Workforce

Commission (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.

The Special Federal Award Terms and Conditions contained herein are based

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on the U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) General Terms and Conditions for Mandatory

Formula, Block and Entitlement Grant Programs July 26,2021 Version of the

Program Specific Terms and Conditions for Child Care and Development

Fund Grants to State and Territory Grantees, which are the versions currently used by ACF.

2. Salary Limitation

Annual appropriations law provides that no part of any funds awarded may be used to pay the salary of an individual, through grant or other extramural mechanism, which includes non-federal share, at a rate in excess of Federal

Executive Level II. The Federal Executive Level II salary can be found in the

Salaries & Wages tables on the U.S. Office of Personnel Management Web site at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This amount reflects an individual’s base salary exclusive of fringe and any income that an individual may be permitted to earn outside of the duties to organization. This salary limitation also applies to subawards, contracts, and subcontracts.

3. Stevens Amendment - Federal Funding Disclosure Statement

HHS annual appropriations include a provision known as the “Stevens

Amendment” to ensure transparency and accountability in federal spending.

The Stevens Amendment requires all HHS grant and cooperative agreement recipients to acknowledge federal funding when publicly communicating projects or programs funded through the HHS annual appropriation.

When issuing statements, press releases, requests for proposals, bid solicitations and other documents – such as tool kits, resource guides, websites, and presentations/statements- describing projects or programs funded in whole or in part with HHS federal funds, recipients must clearly https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/

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state:

i. the percentage and dollar amount of the total costs of the program or project funded with federal money; and

ii. the percentage and dollar amount of the total costs of the project or program funded by non-governmental sources.

When issuing statements resulting from activities supported by HHS financial assistance, the recipient entity must include and acknowledgement of federal assistance using one of the following or a similar statement.

(1) If the HHS Grant or Cooperative Agreement is NOT funded with other non-governmental sources:

"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United

States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with 100 percent funded by ACF/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by

ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy

Requirements."

(2) The HHS Grant or Cooperative Agreement IS partially funded with other nongovernmental sources:

"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United

States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with XX percentage funded by ACF/HHS and $XX amount and XX percentage funded by non-https://www.acf.hhs.gov/grants/administrative-and-national-policy-requirements

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government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by

ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements."

The federal award total must reflect total costs (direct and indirect) for all authorized funds (including supplements and carryover) for the total competitive segment up to the time of the public statement. Any amendments by the recipient to the acknowledgement statement must be coordinated with the HHS Awarding Agency. If the recipient plans to issue a press release concerning the outcome of activities supported by HHS financial assistance, it should notify the HHS Awarding Agency in advance to allow for coordination.

4. Award Term and Conditions for Unpaid Federal Tax Liability

Recipients are subject to the requirement contained in Section 744 of the

Consolidated Appropriations Act of 2022 which says that “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.”

5. Requirements for Recipient Electronic and Information

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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.

6. 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

C.F.R. § 25.110).

a. Requirement for SAM

Unless exempted from this requirement under 2 C.F.R. § 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

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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.

b. 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.

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

7. Pro-Children Act of 2001 Smoking Prohibitions

The Pro-Children Act of 2001 (20 U.S.C. §§ 7181 -7184), smoking may not be permitted in any portion of any indoor 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, Territories, local and Tribal governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, subawards, 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 of facilities used for inpatient 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 subawards shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per violation and/or the imposition of an administrative compliance order on the

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responsible entity.

8. Human Trafficking Provisions

This TWC grant award is subject to the requirements in Section 106(g) of the

Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104).

The full text of this requirement is found on the HHS ACF Web site at:

https://www.acf.hhs.gov/grants/award-term-and-condition-trafficking-persons.

9. Equal Treatment for Faith-Based Organizations

Recipients are subject to the requirements of 45 C.F.R. § 87, Equal

Treatment for Faith-Based Organizations.

10. Requirements for a 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 agree to maintain a drug-free workplace and will comply with the requirements to notify ACF if an employee is convicted of violating a criminal drug statute.

Failure to comply with these requirements may be cause for debarment.

Government-wide requirements for Drug-Free Workplace for Financial

Assistance are found in 2 C.F.R. Part 182; HHS implementing regulations are set forth in 2 C.F.R. Part 382.400.

11. Debarment and Suspension

HHS regulations published in 2 C.F.R. Part 376 implement the government-wide debarment and suspension system guidance 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 http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons https://www.acf.hhs.gov/grants/award-term-and-condition-trafficking-persons https://www.acf.hhs.gov/grants/award-term-and-condition-trafficking-persons

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term and condition of award.

12. Construction Prohibitions

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

13. Fiscal and Accounting Procedures

Fiscal and accounting procedures must be sufficient to permit the preparation of required reports and the tracing of expenditures to a level of expenditure adequate to establish that such funds have not been used in violation of 45 C.F.R. Part 98.

14. Non-Discrimination Legal Requirements for Recipients of

Federal Financial Assistance

You must administer your project in compliance with federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age, and agree to comply with federal conscience laws, where applicable. You must comply with applicable laws that prohibit discrimination on the basis of sex, which includes discrimination on the basis of pregnancy.

This includes taking reasonable steps to provide meaningful access to individuals with limited English proficiency and providing programs that are accessible to and usable by individuals 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.

You must take reasonable steps to ensure that your project provides meaningful access to individuals with limited English proficiency. For guidance on meeting your legal obligation to take reasonable steps to ensure https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html https://www.hhs.gov/civil-rights/for-providers/provider-obligations/index.html https://www.hhs.gov/civil-rights/for-individuals/nondiscrimination/index.html https://www.hhs.gov/civil-rights/for-individuals/nondiscrimination/index.html

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meaningful access to your programs or activities by limited English proficient individuals, see https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/fact-sheet-guidance/index.html and https://www.lep.gov/.

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 http://www.hhs.gov/ocr/civilrights/ understanding/disability/index.html.

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.

For guidance on administering your project in compliance with applicable federal religious nondiscrimination laws and applicable federal conscience protection and associated antidiscrimination laws, see https://www.hhs.gov/conscience/conscience-protections/ index.html and https://www.hhs.gov/conscience/religious-freedom/index.html.

Grantee shall comply with the following federal regulations related to nondiscrimination:

45 CFR Part 80 – Nondiscrimination Under Programs Receiving Federal

Assistance through the Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964.

45 CFR Part 84 – Nondiscrimination on the Basis of Handicap in

Programs and Activities Receiving Federal Financial Assistance.

45 CFR Part 86 – Nondiscrimination on the Basis of Sex in Education

Programs and Activities Receiving and Benefiting from Federal https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/fact-sheet-guidance/index.html https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/fact-sheet-guidance/index.html https://www.lep.gov/ https://www.hhs.gov/civil-rights/for-individuals/disability/index.html https://www.hhs.gov/civil-rights/for-individuals/disability/index.html https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.html https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.html https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/index.html https://www.hhs.gov/conscience/conscience-protections/index.html https://www.hhs.gov/conscience/conscience-protections/index.html https://www.hhs.gov/conscience/religious-freedom/index.html

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Financial Assistance.

45 CFR Part 91 – Nondiscrimination on the Basis of Age in HHS

Programs or Activities Receiving Federal Financial Assistance

15. Prohibition against Profit

Unless exempted by 45 C.F.R. § 75.101, program regulations, and/or the terms and conditions of the award:

a. Recipients are subject to the limitations set forth in 45 C.F.R. §

75.216, Special provisions for awards to commercial organizations as recipients (45 C.F.R. § 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.”

b. Recipients are subject to the limitations under 45 C.F.R. §

75.400, Policy Guide (45 C.F.R. § 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.

16. Whistleblower Protections

Recipients must comply with the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub.L. 112-239, 41 U.S.C. § 4712) “Enhancement of contractor protection from reprisal for disclosure of certain information,” and

48 C.F.R. Part 3, Subpart 3.9, “Whistleblower Protections for Contractor

Employees.” For more information see:

https://oig.hhs.gov/fraud/whistleblower/ and Whistleblower Notice to HHS

Contractors, Subcontractors, Grantees, Subgrantees or Personal Services https://oig.hhs.gov/fraud/whistleblower/ https://oig.hhs.gov/documents/fraud/367/NDAA-Notice-HHS-Contractors.pdf

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Contractors

17. Mandatory Disclosures

This award is subject to the requirements in 31 U.S.C. § 3321, 41 U.S.C. §

2313, and 45 CFR §75.113 and Appendix XII of this part, and 2 CFR Parts

180 and 376 for debarment and suspension. Non-Federal entities must disclose all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to comply may result in any noncompliance remedies, including debarment and suspension.

ACF is required to review and consider information about any current or potential recipient, subrecipient, contractor, or subcontractor contained in the Federal Awardee Performance and Integrity Information System (FAPIIS)

(https://www.fapiis.gov) and System for Award Management (SAM).

NonFederal entities may review and comment on any information about itself that has been entered into FAPIIS. ACF will consider any comments by the non-Federal entity, in addition to other information in FAPIIS to judge the recipients’ integrity, business ethics, and record of performance under

Federal awards when completing its review of risk.

18. Prohibition on Expending HHS Award Funds for Covered

Telecommunications Equipment or Services as per 2 CFR

§200.216

Effective August 13, 2020, 2 CFR §200.216 applies to all grant programs.

“Prohibition on certain telecommunications and video surveillance services or equipment.

(a) As described in 2 CFR 200.216, recipients and subrecipients are prohibited to obligate or spend grant funds (to include direct and https://www.fapiis.gov/

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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 contract (or extend or renew 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

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controlled by, or otherwise, connected to the government of a covered foreign country.”