Section 7.34 - Continuing Awards(a) TDHCA will withhold a portion of funds from the competition for funds to be used for continuing awards to prior Subrecipients of its ESG allocation, not including ESG CARES or Contracts for reallocated funds from prior years only, in accordance with § 7.33 of this subchapter (related to Apportionment of ESG Funds).(b) ESG funds withheld for continuing awards by the Department will be allocated in accordance with the Allocation Formula, and are not subject to the award process and requirements outlined in § 7.38 of this subchapter (relating to Competitive Award and Funding Process).(c) The subsequent years of allocation of ESG funds received by the Department will be offered to eligible Subrecipients of ESG funds (not including ESG CARES) that were awarded funds from at least three of the prior four allocations of ESG. An ESG Subrecipient is eligible for an offer of a continuing award of funds if the Subrecipient meets the following requirements:(1) Submits an abbreviated Application for funding within 21 days of the request from the Department as promulgated by the Department;(2) Resolves administrative deficiencies within the timeframe and in the manner outlined in § 7.37 of this subchapter (relating to Application Review and Administrative Deficiency Process for Department NOFAs);(3) Submitted four or fewer delinquent monthly reports for each of their active ESG Contracts or for the most recently closed ESG Contract if there are no active ESG Contracts, (not including ESG CARES) for reports due in the six month period preceding the application submission deadline;(4) Satisfies the requirements of the Previous Participation Review as provided for in § 1.302 of this title (relating to Previous Participation Reviews for Department Program Awards Not Covered by § 1.301 of this Subchapter);(5) Does not have unresolved monitoring findings in any TDHCA funded program after the corrective action period;(6) Does not have monitoring findings in any TDHCA funded program which resulted in disallowed costs in excess of $5,000;(7) Does not apply for funds within the same COC Region under the competitive Application process for Program Participant service(s) in which they are already funded for a Continuing Award;(8) Expended a minimum of 95% of their contracted award amount, as amended in their most recently closed ESG Contract (not including ESG CARES);(9) Did not voluntarily deobligate an amount that exceeds 5% of their contracted award amount, as amended for increases due to reallocated funds, on their most recently closed ESG Contract (not including ESG CARES); and(10) Is approved by the Department's Governing Board.(d) Any offer of ESG funds made under this section is contingent on retaining similar terms and conditions or agreeing to adjustments reflective of funding amount, including but not limited to performance and match requirements, in the active ESG annual Contract issued under a NOFA.(e) Offers of funding will be based on the prior year's award, excluding Contracts comprised exclusively of reallocated funds, before amendments, and will be proportionally increased or decreased in proportion to the total amount of ESG funds available subject to the allocation formula.(f) If additional funds are made available due to reduced continuing awards in the region, awards may be increased proportionate to the increased withheld funds. In any event, an increased award from funds made available from reduced awards may not exceed 115% of the award amount under the allocation or the maximum award amount established in the NOFA.(g) Funds that remain available after all eligible continuing awards have been accepted will be transferred to the competition for funds for the regional competition in accordance with § 7.38 of this subchapter.(h) Percentages identified in this section will not be rounded up to the nearest whole number.10 Tex. Admin. Code § 7.34
Adopted by Texas Register, Volume 44, Number 12, March 22, 2019, TexReg 1509, eff. 3/25/2019; Adopted by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3764, eff. 6/11/2020; Adopted by Texas Register, Volume 47, Number 26, July 1, 2022, TexReg 3805, eff. 7/7/2022; Adopted by Texas Register, Volume 48, Number 08, February 24, 2023, TexReg 1040, eff. 3/1/2023; Adopted by Texas Register, Volume 49, Number 08, February 23, 2024, TexReg 1052, eff. 2/27/2024