Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 20 - DIVISION OF COMMUNITY SERVICES
Chapter 1 - Bipartisan Infrastructure Law (BIL) Weatherization Assistance Program
Rule 18-20-1-1 - Weatherization Assistance Program (WAP) State Plan
Section 18-20-1-1-VI - FEDERAL FINANCIAL REGULATIONS
Section 18-20-1-1-VI.1 - DOE Financial Assistance Rules

Universal Citation: MS Code of Rules 18-20-1-1-VI.1

Current through September 24, 2024

All subgrantees must develop and maintain fiscal and accounting procedures, which conform to both Federal and State policy for grants administration.

The State will provide training on fiscal control procedures as necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this subtitle, including monitoring assistance under this subtitle. Every year the State shall prepare an audit of its expenditure of amounts received under this subtitle and amounts transferred to carry out the purposes of this subtitle.

In accordance with the assurance above, the State of Mississippi has established fiscal controls and fund accounting procedures to assure the proper disbursal of all federal funds received by the State. Additionally, the State has established procedures for monitoring the utilization of such funds by project operators. An audit of the Weatherization Assistance Program will be conducted as prescribed by the DCS and appropriate State and/or Federal regulatory authority.

A description of the controls and procedures to be implemented is as follows:

1. DCS will follow the established fiscal policies and procedures mandated by state law. Financial areas addressed in these procedures consist of fiscal management controls, the accounting system, fund controls, personnel and payroll management, property management, procurement, and the disbursement of funds.

2. The financial standards set forth by the State establish an adequate accounting system with appropriate internal controls which will safeguard assets, check the accuracy and reliability of accounting data, promote operating efficiency and encourage compliance with prescribed management policies.

Subgrantee Default, Suspension, Transfer/Termination

DCS may, by giving reasonable written notice specifying the effective date, terminate this grant in whole or in part for cause, which shall include:

Failure, for any reason, of the subgrantee to fulfill in a timely and proper manner its obligation under this grant including compliance with the approved work program and attached conditions, and such statutes, executive orders, and DOE and/or DCS directives as may become generally applicable at any time;

Late submission by the subgrantee to the DCS of DOE reports that are incorrect or incomplete.

Ineffective or improper use of funds provided under this grant; and

A. Termination or Suspension. If the Subgrantee materially fails to comply with any of the covenants, terms or stipulations of this Agreement, whether stated in a federal statute or regulation, an assurance, in the State plan or application, a notice of award, or elsewhere, DCS may, upon giving written notice to Subgrantee, take one or more of the following actions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by Subgrantee or a more severe enforcement action by DCS;

(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

(3) Wholly or partly suspend or terminate the current award for the Subgrantee's program;

(4) Withhold further awards for the subgrantee's program; or

(5) Take other remedies that may be legally available.

B. Notice of Termination for Cause. If, through any cause, Subgrantee shall fail to fulfill in a timely and proper manner, as determined by MDHS, its obligations under this Subgrant, or if Subgrantee shall violate any of the covenants, agreements, or stipulations of this Subgrant, MDHS shall thereupon have the right to terminate the Subgrant by giving written notice to Subgrantee of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In the event of such termination, Subgrantee shall be entitled to receive just and equitable compensation for satisfactory work completed on services or documents or materials collected and/or prepared by Subgrantee in connection with this Subgrant. Such compensation shall be based upon the fees set forth in Section III, but, in no case, shall said compensation exceed the total Subgrant price.

Notwithstanding the above, Subgrantee shall not be relieved of liability to MDHS for damages sustained by MDHS by virtue of any breach of this Subgrant by Subgrantee, and MDHS may withhold any payments to Subgrantee for the purpose of set off until such time as the exact damages due to MDHS from Subgrantee are determined.

C. Termination for Convenience. MDHS may terminate this Subgrant at any time by giving written notice to Subgrantee of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination.

Subgrantee shall be paid an amount which bears the same ratio to the total compensation as the services actually and satisfactorily performed bear to the total services of Subgrantee covered by the Subgrant, less payments of compensation previously made.

D. Partial Termination. In the event of a partial termination, the Subgrantee shall incur no obligations other than those specifically identified in the agreement or contract governing the partial termination.

E. Rights and Remedies upon Termination. In the event of termination as provided in this Section, Subgrantee shall be entitled to receive just and equitable compensation for services or performances actually and satisfactorily performed, prior to the effective date of termination, under this Agreement. Such compensation shall be based upon the payment provisions described in Section III hereof, but, in no case, shall said compensation exceed the total amount of this subgrant.

Subgrantee shall be liable to DCS for damages sustained by DCS by virtue of any breach of this Agreement by Subgrantee, and DCS may withhold any payments to Subgrantee for the purpose of set off until such times as the exact amount of damages due to DCS from Subgrantee are determined. The rights and remedies of DCS provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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