Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 8 - MDHS Subgrant Manual › Chapter 1 - Introduction › Rule 18-8-1.1 - Repeal Prior Rules/Manuals › Section 18-8-1.1-3 - Regulations, Certifications and Standard Assurances

Current through June 25, 2024
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 sub-recipient 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.
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 of 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 establish 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 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.