| Authority/Reference(s) | |
|---|---|
| Revision Date | September 3, 2024 |
Policy
The Department of Family and Protective Services (DFPS) must comply with the Federal Uniform Grant Guidance (UGG) and the Texas Grant Management Standards (TxGMS) to categorize entities as contractors (vendor) or grantees (subrecipient/recipient).
Contractor (Vendor) or Grantee (Subrecipient/Recipient) Determination
The appropriate determination must be made during the procurement planning phase or when federal or state guidelines change. The determination process involves various stakeholders that may include:
- Contract staff and leadership,
- Program staff,
- Federal funds coordinator,
- Legal services; and
- Contract Oversight and Support (COS) director or designee.
When a relationship is determined to be a subrecipient/recipient, DFPS Finance confirms if the contract or grant will be federally funded (subrecipient) or state funded (recipient).
When the determination of an entity's category is unclear, contract staff and appropriate stakeholders must study the substance of the relationship between DFPS and the entity.
Contracting Relationship Determination Form 438
DFPS staff must complete form 438 Contracting Relationship Determination prior to initiating a procurement with the Texas Health and Human Services Procurement and Contracting Services division (HHS-PCS). Once the form 438 is completed and submitted to COS, the COS Director, in collaboration with appropriate stakeholders, will study the substance of the relationship and document the final determination.