Extracted text (via pymupdf)
35714 characters
11. APPROVED BUDGET (Excludes Direct Assistance)
I Financial Assistance from the Federal Awarding Agency Only
II Total project costs including grant funds and all other financial participation
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Salaries and Wages
Fringe Benefits
Total Personnel Costs
Equipment
Supplies
Travel
Construction
Other
Contractual
………………..................
………………..................
.…...….……
…………………………….
…………………………….
…………………………….
…………………………….
…………………………….
…………………….………
12. AWARD COMPUTATION
a. Amount of Federal Financial Assistance (from item 11m)
b. Less Unobligated Balance From Prior Budget Periods
c. Less Cumulative Prior Award(s) This Budget Period
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
13. Total Federal Funds Awarded to Date for Project Period
14. RECOMMENDED FUTURE SUPPORT
(Subject to the availability of funds and satisfactory progress of the project):
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
TOTAL DIRECT COSTS
a.
b.
c.
d.
e.
DEDUCTION
ADDITIONAL COSTS
MATCHING
OTHER RESEARCH (Add / Deduct Option)
OTHER (See REMARKS)
INDIRECT COSTS
l.
TOTAL APPROVED BUDGET
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
OR BY REFERENCE IN THE FOLLOWING:
m.
n.
Federal Share
Non-Federal Share
a.
b.
c.
d.
The grant program legislation.
The grant program regulations.
This award notice including terms and conditions, if any, noted below under REMARKS.
Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
9a. GRANTEE NAME AND ADDRESS
9b. GRANTEE PROJECT DIRECTOR
10a. GRANTEE AUTHORIZING OFFICIAL
10b. FEDERAL PROJECT OFFICER
1. DATE ISSUED MM/DD/YYYY
1a. SUPERSEDES AWARD NOTICE dated
except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded
NOTICE OF AWARD
AUTHORIZATION (Legislation/Regulations)
2. CFDA NO.
3. ASSISTANCE TYPE
4. GRANT NO.
Formerly
5. TYPE OF AWARD
4a. FAIN
5a. ACTION TYPE
6. PROJECT PERIOD
From
MM/DD/YYYY
Through
MM/DD/YYYY
7. BUDGET PERIOD
From
MM/DD/YYYY
Through
MM/DD/YYYY
8. TITLE OF PROJECT (OR PROGRAM)
ALL AMOUNTS ARE SHOWN IN USD
YEAR
TOTAL DIRECT COSTS
YEAR
TOTAL DIRECT COSTS
a.
b.
c.
d.
e.
f.
REMARKS (Other Terms and Conditions Attached -
Yes
No)
17.OBJ CLASS
18a. VENDOR CODE
18b. EIN
19a. UEI
19b. DUNS
20. CONG. DIST.
FY-ACCOUNT NO.
DOCUMENT NO.
ADMINISTRATIVE CODE
AMT ACTION FIN ASST
APPROPRIATION
21. a.
b.
c.
d.
e.
22. a.
b.
c.
d.
e.
23. a.
b.
c.
d.
e.
05/30/2024
Department of Homeland Security
97.091 - Project Grants
Cooperative Agreement
DHS Grants and Financial Assistance Division (GFAD)
06OHBIO00003-19-00
2006-ST-091-000003
Other
06OHBIO00003
Non-Competing Continuation
301 7th Street, SW, RM 3051
Mail Stop 0115
Washington, DC 20528
07/01/2006
05/31/2025
06/01/2024
05/31/2025
Homeland Security Act of 2002, Public Law 107-296, 6 U.S.C 596
BioWatch 2024 - Maricopa County Air Quality Department BioWatch Continuation
MARICOPA COUNTY AIR QUALITY DEPARTMENT
301 W Jefferson St STE 410
Phoenix, AZ 85003-2157
Eric Poole Jr
301 W Jefferson St STE 410
Phoenix, AZ 85003-2157
Phone: 602-506-6737
Eric Poole Jr
301 W Jefferson St STE 410
Phoenix, AZ 85003-2157
Phone: 602-506-6737
Ms. Theresa Gallagher
7th And D Street SW
Washington, DC 20407-0001
Phone: 202-923-0693
820,779.00
II
27,928.00
332,762.00
0.00
130,423.00
792,851.00
10,925,320.00
463,185.00
20
23
60,000.00
12,450.00
21
5,520.00
0.00
24
22
25
77,830.00
0.00
a
618,985.00
201,794.00
820,779.00
820,779.00
0.00
GRANTS MANAGEMENT OFFICIAL:
Marsha Mathis, Director, Grants and Financial Assistance Division
7th and D Street SW
Washington DC , DC 20407
Phone: (202 )447-5950
4102
866000472
866000472
361277655
03
O41670460411
OHBIO00003A
BIO
$792,851.00
TJKQE1FEU127
AWARD ATTACHMENTS
MARICOPA COUNTY AIR QUALITY DEPARTMENT
06OHBIO00003-19-00
Award letter
1.
T&Cs
2.
DHS T&Cs
3.
U.S. Department of Homeland Security
Washington, DC 20528
May 30, 2024
Maricopa County Air Quality Department
301 W Jefferson St Ste 410
Phoenix, AZ 85003
Re: Award Number 06OHBIO00003 (Formerly: 2006-ST-091-000003)
Dear BioWatch Recipient,
Congratulations! I am pleased to inform you that the Department of Homeland Security (DHS) has approved
your continuation application for a cooperative agreement award. Your total approved budget for the
06/01/2024 – 05/31/2025 budget period is $820,779 ($792,851 new funding + $27,928 carryover). The
official Notice of Grant Award (NGA) is enclosed to this Letter. Also enclosed are the Terms and Conditions
to this award as administered by the Department of Homeland Security’s (DHS) Grants and Financial
Assistance Division (GFAD).
Please review carefully the attached Notice of Award. For the remainder of the period of performance for this
award, both the new and former grant numbers should be referenced on any communication relating to this
award. For the purpose of accessing authorized funding in the Payment Management System (PMS),
please continue to reference the former grant number as outlined above.
Please also be reminded that the performance and financial reporting requirements associated with this award
should be completed using the following instructions:
Quarterly Federal Financial Reports shall be submitted according to the reporting schedule outlined in
GrantSolutions and using the FFR submission guidance found here: Grant Solutions Federal Financial
Report. As this is the final year of the period of performance for this award, the FINAL Federal
Financial Report will be due 90 days following the end of the budget period using this same guidance.
All Federal Financial Reports should be submitted via GrantSolutions.
FINAL Performance Reports will be due no later than 90 days following the end of the period of performance
using the submission guidance found here: Grant Solutions Performance Progress Report. Additionally, at
the end of the current period of performance (05/31/2025) any remaining unobligated balance will be de-
obligated during award closeout. Unobligated balances from the current period of performance will not be
available for use during any new period of performance.
Should you have any questions concerning this award or the GrantSolutions system, please contact me directly
at Marsha.Mathis@hq.dhs.gov.
Sincerely,
Marsha Mathis
Grants Officer
Grants and Financial Assistance Division (GFAD)/OPO
CONTINUATION TERMS AND CONDITIONS
GRANTS AND FINANCIAL ASSISTANCE DIVISION (GFAD)
In addition to the DHS Standard Terms and Conditions as outlined here: In addition to the DHS Standard Terms
and Conditions shown in Article II, below, and at: DHS Standard Terms and Conditions, the following Terms and
Conditions apply specifically to this Award as administered by the Grants and Financial Assistance Division
(GFAD):
ARTICLE I. FEDERAL ADMINISTRATIVE TERMS AND CONDITIONS
A. AWARD SPECIFIC TERMS AND CONDITIONS AND/OR RESTRICTIONS
This award is subject to the requirements of the Terms and Conditions outlined in your original award document.
The recipient and any sub‐recipient must continue to comply with these terms and conditions, as well as the updated
terms and conditions presented below.
B. PROGRAM SPECIFIC TERMS AND CONDITIONS
C. DHS SUBSTANTIAL PROGRAMMATIC INVOLVEMENT
Previous DHS substantial programmatic involvement remains in effect.
D. GOVERNING PROVISIONS
This award is subject to the requirements of the Governing Provisions outlined in your original award.
•
If requested, Training and Exercise (T&E) funds proposed in the FY'24 application or carried over from
FY'23 award are RESTRICTED pending DHS final approval of itemized cost and detailed justification.
•
All finalized requests for T&E funds, inclusive of the itemized cost and detailed justification, must be
submitted a minimum of 30 days prior to the beginning of the training exercise. The BioWatch program
office must approve all training and exercise requests before funds are unrestricted and expended.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions
apply to all new federal awards of federal financial assistance (federal awards) for which the federal
award date occurs in FY 2024 and flow down to subrecipients unless a term or condition
specifically indicates otherwise. For federal awards that may involve continuation awards made in
subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the
continuation award unless otherwise specified in the terms and conditions of the continuation
award. The United States has the right to seek judicial enforcement of these terms and conditions.
All legislation and digital resources are referenced with no digital links. These FY 2024 DHS
Standard Terms and Conditions are maintained on the DHS website at
https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
A. Assurances, Administrative Requirements, Cost Principles, Representations, and
Certifications
I.
Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances – Non- Construction Programs, or OMB
Standard Form 424D Assurances – Construction Programs, as applicable.
Certain assurances in these documents may not be applicable to your program
and the DHS financial assistance office (DHS FAO) may require applicants to
certify additional assurances. Applicants are required to fill out the assurances as
instructed by the federal awarding agency.
B. General Acknowledgements and Assurances Recipients are required to follow the
applicable provisions of the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in effect as of the federal award date and located
at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10.
All recipients and subrecipients must acknowledge and agree to provide DHS access
to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R.
§ 200.337.
I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations.
II.
Recipients must give DHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities and personnel.
III.
Recipients must submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
IV.
Recipients must comply with all other special reporting, data collection, and
evaluation requirements required by law, federal regulation, Notice of Funding
Opportunity, federal award specific terms and conditions, and/or federal awarding
agency program guidance.
V.
Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30)
days of receiving the Notice of Award for the first award under which this term
applies. Recipients of multiple federal awards from DHS should only submit one
completed tool for their organization, not per federal award. After the initial
submission, recipients are required to complete the tool once every two (2) years if
they have an active federal award, not every time a federal award is made.
Recipients must submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations
and related reporting requirements contained in these DHS Standard Terms and
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-
civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland
Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion,
granting an extension to the 30-day deadline if the recipient identifies steps and a
timeline for completing the tool. Recipients must request extensions by emailing the
request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day
deadline.
C. Standard Terms & Conditions
I.
Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing
statements, press releases, requests for proposal, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal award funds.
II.
Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing
project activities outside the United States obtain all appropriate licenses, permits, or
approvals.
III.
Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975,
Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial
assistance.
IV.
Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§
12101– 12213), which prohibits recipients from discriminating on the basis of disability
in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities.
V.
Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out
the scope of work under a federal award are required to have a publicly available
privacy policy that describes standards on the usage and maintenance of the PII they
collect. DHS defines PII as any information that permits the identity of an individual to
be directly or indirectly inferred, including any information that is linked or linkable to
that individual. Recipients may also find the DHS Privacy Impact Assessments:
Privacy Guidance and Privacy Template as useful resources respectively.
VI.
Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964,
Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides
that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an
award from the Federal Emergency Management Agency (FEMA) must also comply with
FEMA’s implementing regulations at 44 C.F.R. Part 7.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
VII.
Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284
(codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision
of services in connection. therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex, as implemented by the U.S. Department of Housing and
Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII.
Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to
any work first produced under federal awards and also include an acknowledgement
that the work was produced under a federal award (including the federal award number
and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding
agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce,
publish, or otherwise use the work for federal purposes and to authorize others to do
so.
IX.
Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R.
Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit
recipients from entering into covered transactions (such as subawards and contracts)
with certain parties that are debarred, suspended, or otherwise excluded from or ineligible
for participation in federal assistance programs or activities.
X.
Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart
C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-
wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41
U.S.C. §§ 8101-8106).
XI.
Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included
as a cost or used to meet cost sharing or matching requirements of any other federal award
in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However,
recipients may shift costs that are allowable under two or more federal awards where
otherwise permitted by federal statutes, regulations, or the federal financial assistance award
terms and conditions.
XII.
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which
provide that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
educational program or activity receiving federal financial assistance. DHS implementing
regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal
Emergency Management Agency (FEMA) must also comply with FEMA’s implementing
regulations at 44 C.F.R. Part 19.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XIII.
E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
XIV.
Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
XV.
False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
XVI.
Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. (See OMB Circular A-129.)
XVII.
Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving recipient-owned, recipient-rented, or privately owned vehicles when on official
government business or when performing any work for or on behalf of the Federal
Government. Recipients are also encouraged to conduct the initiatives of the type
described in Section 3(a) of E.O. 13513.
XVIII.
Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air
carriers can be found at: Certificated Air Carriers List | US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list)for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
XIX.
Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
entirely or in part by federal award funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
XX.
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327,
200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors – prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXI.
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
XXII.
Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that
none of the funds provided under a federal award may be expended by the recipient to pay
any person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R.
Part 9, recipients must file a lobbying certification form as described in Appendix A to 6
C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a
lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.)
(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing
the Procedural Provisions of NEPA, which require recipients to use all practicable means
within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith- based organizations in individual DHS programs.
XXV. Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure
that federal funds supplement but do not supplant non-federal funds that, in the absence of
such federal funds, would otherwise have been made available for the same purpose.
XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by
reference. All recipients must comply with any such requirements set forth in the NOFO. If
a condition of the NOFO is inconsistent with these terms and conditions and any such
terms of the Award, the condition in the NOFO shall be invalid to the extent of the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Awards, Contracts, and
Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §
401.14.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section
6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by
the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. §
200.323. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that
no otherwise qualified handicapped individuals in the United States will, solely by reason
of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of the federal award, then the recipient must comply
with the requirements set forth in the government-wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated by reference.
XXXI. Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with the
requirements set forth in the government-wide award term on Reporting Subawards and
Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is
incorporated by reference.
XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are
hereby notified that none of the funds provided under this award may be used for a project
for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this
means the manufactured product was manufactured in the United States; and the cost
of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
(3) all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process for
requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions
applies, the awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with
the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by
more than 25 percent.
A request to waive the application of the domestic content procurement preference must be
in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure | FEMA.gov.
Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which
is incorporated by reference.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications. The
SAFECOM Guidance is updated annually and can be found at Funding and Sustainment
| CISA.
DHS Standard Terms & Conditions: FY 2024 Version 3
April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for ensuring
compliance with the E.O. and laws.
XXXV. Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial assistance
award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-
386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2
C.F.R. § 175.15, the full text of which is incorporated by reference.
XXXVI. Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the government-wide
financial assistance award term regarding the System for Award Management and
Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of
which is incorporated reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXVIII. Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos,
crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use
of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags,
or likenesses of component officials.
XXXIX.
Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10
U.S.C § 470141 U.S.C. § 4712.