M-20-09 - GUIDANCE REGARDING FEDERAL GRANTS AND EXECUTIVE ORDER 13798 “PROMOTING FREE SPEECH AND RELIGIOUS LIBERTYReligious organizations are entitled to compete on equal footing for federal financial assistance used to support government programs. Social Security does not require religious organizations to alter their religious character to participate in grant programs, nor to cease engaging in explicitly religious activities outside the program. Social Security does not discriminate against religious organizations in grant-making activities. Religious organizations are eligible to compete for government grants and participate in government programs on an equal basis with nonreligious organizations. Absent unusual circumstances, Social Security does not condition receipt of a grant or cooperative agreement on the effective relinquishment of a religious organization's Section 702 exemption for religious hiring practices, or any other constitutional or statutory protection for religious organizations. In particular, terms and conditions governing our grants do not pertain to the internal governance affairs of religious organizations nor do they limit those organizations' otherwise protected activities.
EXECUTIVE ORDER 13788 - BUY AMERICAN, HIRE AMERICANTo the extent possible grantees should follow Executive Order 13788, Buy American and Hire American (the Order), signed April 18, 2017. This act is to ensure that Federal procurement and Federal financial assistance awards maximize the use of goods, products, and materials produced in the United States, including iron, steel, and manufactured goods. Buy American Laws provide important benefits to the Nation. As defined in the Order, "Buy American Laws" means all statutes, regulations, rules, and Executive Orders relating to Federal procurement or Federal grants including those that refer to "Buy America" or "Buy American" that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured goods.
OMB 2 CFR Part 200The Office of Management and Budget has streamlined the Federal government's guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards in the new 2 CFR, Part 200. This circular consolidates the administrative requirements (A-110- & A-102), cost principles (A-21, A-87 and A-122) and audit requirements, (A-50, A-89, and A-133) for Federal awards into a streamlined format. The cost principles are for determining costs applicable to new, supplemental or continuation grant awards, sub-awards and other agreements with education institutions, non-profit organizations, State and local government agencies and Indian Tribal councils awarded after December 26, 2014. http://www.whitehouse.gov/omb/grants_docs
FEDERAL REGULATIONS FOR GRANTS AND COOPERATIVE AGREEMENTS
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
- Requirements for Federal Funding Accountability and Transparency Act (FFATA)
2 CFR Part 170. This requires all grantee organizations to report subawards and executive compensation under Federal assistance awards via a specified website.
- FFATA Sub-award Reporting System (www.fsrs.gov) is the website Federal prime awardees used to report data on sub-awards they make.
Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR)
- 2 CFR Subtitle A, Chapter 1, and Part 25.
This requires all grantees and first-tier subgrantees (other than individuals) to have a Dun and Bradstreet Data Universal Numbering System (DUNS) numbers and maintain current registrations in the Central Contractor Registration (CCR) database.
- Central Contractor Registration (https://www.sam.gov/portal/SAM/#1)
SAM is the official FREE on-line registrant database used by the Federal Government to collect, validate, store, and disseminate data in support of agency acquisition and award missions. Grantees should register for CCR at this address.
Certifications, Terms and Conditions
- Trafficking in Persons: Grants and Cooperative Agreements
2 CFR Part 175. This regulation requires that all awarding agencies must include a condition authorizing termination of the award if the grantee or a subgrantee engages in certain activities related to trafficking in persons.
- Nonprocurement Debarment and Suspension
2 CFR Part 2336. This section adopts the Office of Management and Budget guidance in subparts A through 1 of 2 CFR Part 180, as supplemented by this part as the SSA policies and procedures for nonprocurement debarment and suspension.
- Privacy and Disclosure of Official Records and Information
20 CFR Part 401. This section describes SSA’s policies and procedures for implementing the requirements of the Privacy Act of 1974, 5 U.S.C. 552a and section 1106 of the Social Security Act concerning disclosure of information about individuals, both with and without their consent.
Note: Grantees may be subject to our background checks and fingerprinting in accordance with our personnel, and security and suitability requirements. In addition, grantees are required to adhere to our policy regarding the protection of Personally Identifiable Information (PII). When making awards, we will distribute the necessary packages including forms and consents for completion, for both PII and Suitability Determination as needed.
- Restrictions on Lobbying
20 CFR Part 438. This regulation prohibits the use of any appropriated funds to pay any person for influencing or attempting to influence an officer or employee of SSA, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the following: awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
- Drug-Free Workplace Requirements
2 CFR Part 2339. This section requires that the award and administration of SSA grants and cooperative agreements comply with the OMB guidance implementing the portion of the Drug-Free Workplace Act of 1988.
- Audit Requirements
2 CFR Part 200, Subpart F. This circular establishes standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.