06OHBIO00003-18-00 AWARD TO MARICOPA, COUNTY OF.PDF

Maricopa County — Formal (2023-09-13)

Extracted text (via pymupdf) 34400 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remain in effect unless specifically rescinded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.
05/30/2023
Department of Homeland Security
97.091 - Project Grants
Cooperative Agreement
DHS Grants and Financial Assistance Division (GFAD)
06OHBIO00003-18-00
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
06/01/2023
05/31/2024
Homeland Security Act of 2002, Public Law 107-296, 6 U.S.C 188
BioWatch 2023 - Maricopa County Air Quality Department BioWatch Continuation
MARICOPA, COUNTY OF
3800 N Central Ave Ste 1400
Phoenix, AZ 85012-1911
Ben Davis
1001 N. Central Avenue
Suite 126
Phoenix, AZ 85004-1927
Phone: 602-525-3396
Ben Davis
1001 N. Central Avenue
Suite 126
Phoenix, AZ 85004-1927
Ms. Theresa Gallagher
7th And D Street SW
Washington, DC 20407-0001
Phone: 202-923-0693
784,429.00
II
0.00
346,863.00
0.00
123,706.00
784,429.00
10,132,469.00
470,569.00
19
22
40,000.00
12,450.00
20
5,520.00
0.00
23
21
24
61,510.00
0.00
b
590,049.00
194,380.00
784,429.00
784,429.00
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
07
O31570350411
OHBIO00003A
BIO
$784,429.00
70350411
TJKQE1FEU127

AWARD ATTACHMENTS
MARICOPA, COUNTY OF
06OHBIO00003-18-00
Award Letter
1.
T&Cs
2.
FY'23 DHS Standard T&Cs
3.

U.S. Department of Homeland Security
Washington, DC 20528

May 30, 2023

Maricopa County Air Quality Department
3800 North Central Ave., Suite 1400
Phoenix, AZ 85012

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
06/01/2023 – 05/31/2024 budget period is $784,429. 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 All Federal Financial Reports should be submitted via GrantSolutions.

NEW!! Annual Performance Reports shall be submitted no later than 30 days following the end of a budget
period using the submission guidance found here: Grant Solutions Performance Progress Report.

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. GENERAL ADMINISTRATIVE TERMS AND CONDITIONS
A. GENERAL TERMS AND CONDITIONS
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. AWARD SPECIFIC TERMS AND CONDITIONS
The following new restrictions apply:
•
If requested, Training and Exercise (T&E) funds proposed in the FY'23 application 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.
C. DHS PROGRAMMATIC INVOLVEMENT
-Previous DHS programmatic involvement remains in effect.
D. GOVERNING PROVISIONS
This award is subject to the requirements of the Governing Provisions outlined in your original award.
E. ORDER OF PRECEDENCE

The terms and conditions of this Award.
The Funding Opportunity, FY'23 BioWatch Continuation Application, FY'23 BioWatch Operations
1.
Application and Assurances dated 4/25/2023
2.

November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
FY 2023 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients
unless an award term or condition specifically indicates otherwise. The United States has the right
to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2023 DHS
Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-
standard-terms-and-conditions.
A.
Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
I.
DHS financial assistance 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 awarding agency.
II.
DHS financial assistance recipients are required to follow the applicable
provisions of the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III.
By accepting this agreement, recipients, and their executives, as defined in
2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s
guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant
Executive guidance.
B.
General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS access to
records, accounts, documents, information, facilities, and staff.
I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS.
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 or 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, as prescribed by law, or detailed in program guidance.
V.
Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-
through entities) of federal financial assistance from DHS or one of its awarding
component agencies must complete the DHS Civil Rights Evaluation Tool within
thirty (30) days of receipt of the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of DHS financial assistance should
only submit one completed tool for their organization, not per award. After the
initial submission, recipients are required to complete the tool once every two (2)
years if they have an active award, not every time an award is made. Recipients
should 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 the DHS Standard Terms and

FY 2023 DHS Standard Terms and Conditions
November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
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 if the recipient identifies steps and a timeline for completing the
tool. Recipients should 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 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 funds.
II.
Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
III.
Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975,
Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 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. 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) 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
(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 and 44 C.F.R. Part 7.
VII.
Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as
amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in connection

FY 2023 DHS Standard Terms and Conditions
November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (see 42 U.S.C. § 3601 et seq.), 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 and
an acknowledgement of U.S. Government sponsorship (including the award number) to
any work first produced under federal financial assistance awards.
IX.
Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180
as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial
assistance awards, 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 Sec. 5152-5158 of the Drug-Free Workplace
Act of 1988 (41 U.S.C. §§ 8101-8106).
XI.
Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes,
regulations, or federal financial assistance award terms and conditions; or for other
reasons. However, these prohibitions would not preclude recipients from shifting costs
that are allowable under two or more awards in accordance with existing federal statutes,
regulations, or the federal financial assistance award terms and conditions may not be
charged to other federal financial assistance awards to overcome fund deficiencies; to
avoid restrictions imposed by federal statutes, regulations, or federal financial assistance
award terms and conditions; or for other reasons.
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. 92-318 (1972) (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 and 44 C.F.R. Part 19.
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.

FY 2023 DHS Standard Terms and Conditions
November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
XIV.
Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 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 as described in E.O. 13513, including conducting initiatives described in Section
3(a) of the Order when on official government business or when performing any work for
or on behalf of the Federal Government.
XVIII.
Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding
certificates under 49 U.S.C.) 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
in whole or in part with federal 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. Beginning
August 13, 2020, 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.
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.

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XXII.
Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds
provided under a federal financial assistance 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.
XXIII.
National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.
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 receiving federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-federal sources.
XXVI.
Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of
Funding Opportunity (NOFO) for this program are incorporated here by reference in the
award terms and conditions. All recipients must comply with any such requirements set
forth in the program NOFO.
XXVII.
Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent
rights clause located 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. 89-272 (1965), (codified as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) 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. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides

FY 2023 DHS Standard Terms and Conditions
November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
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
General Reporting Requirements:
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 this federal award, then the recipients 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 here by reference in the award terms and conditions.
XXXI.
Reporting Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government-wide
award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
170, Appendix A, the full text of which is incorporated here by reference in the award terms
and conditions.
XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of the
Infrastructure Investment and Jobs Act and E.O. 14005. 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
(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.

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FY 2023 DHS Standard Terms & Conditions: Version 2
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. Information on the process for requesting a waiver from these requirements
is on the website below.
(a) When the Federal agency has made a determination 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.
The awarding Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the “Build America, Buy America” provisions.
Recipients should refer to the Notice of Funding Opportunity for further information on the
Buy America preference and waiver process.
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.
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and
the provisions of resources and support to, individuals and organizations associated with
terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXV.
Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance
award term which implements Section 106 (g) of the Trafficking Victims Protection Act of
2000 (TVPA), 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 here by reference.

FY 2023 DHS Standard Terms and Conditions
November 29, 2022
FY 2023 DHS Standard Terms & Conditions: Version 2
XXXVI. Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier 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 here by 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 permission from their DHS FAO prior to using the DHS seal(s),
logos, crests or reproductions of flags or likenesses of DHS agency officials, including use
of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses
of Coast Guard officials.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§
4304 and 4310.