Section 2.05 - Grant DisbursementsGrants must comply with the following conditions:
(1) A State Department that has been awarded a Federal Grant Award should expend the funds within the time allotted in the Federal Grant Award language. Exceptions to spend before or beyond the dates specified within the federal grant award language should be approved and substantiated by the federal grantor of the federal grant award.(2)Non-discretionary (earmarked) Grant Funds. Grants of non-discretionary funds (earmarked) shall be made to the recipients specifically identified in the Grantor Department's Legislative Authorization, trust language or a Federal Grant Award. In order to be considered non-discretionary, the authorization for the Grant award must specifically name the Grantee(s) by name, or designate a formula or disbursement process in which the Grantor Department has no discretion as to the amount or recipient of the Grant. If the Grantor Department has no discretion as to the Grantees, but has discretion as to the amounts that will be awarded to a Grantee based upon an application, eligibility, or need, the Grants will be considered "discretionary" and not earmarked.(3)Discretionary Grant Funds. Grants of discretionary funds shall be disbursed through an open and public competitive process, as prescribed by the comptroller, and in accordance with the State Department's Legislative Authorization, trust language or Federal Grant Award language governing the type of Grant funds being disbursed. This process should include, but is not limited to the following:(a) A Grant Application or other selection process for each Grant or Grant program that identifies the purpose, scope, and duration of a Grant or Grant program, the terms, conditions and requirements for accepting and using a Grant, the evaluation or eligibility criteria that will be used for Grantee selection, the available amounts of Grants that may be awarded, any documents or other information that a Grantee must provide to be considered eligible for selection for a Grant, or to determine the amounts of a Grant award.(b) Public posting of the availability of a Grant or Grant Program on the State eProcurement system operated by the Operational Services Division, or as otherwise prescribed by the comptroller.(c) Notice to all entities responding to the public posting of their selection or non-selection for a Grant, or the amounts of Grant awards;(4) Incidental Grants, not to exceed an amount established by the Office of the Comptroller, may be awarded in writing, without the open and public competitive process outlined in 815 CMR 2.04(7) and the contractual requirements outlined in 815 CMR 2.05(1) through (4), provided that the Grants meet all other requirements of 815 CMR 2.00 and comply with policies issued for Grants by the comptroller.(5) Federal Grants shall not be used to supplement the regular salary or compensation for any officer or employee of the Commonwealth for service performed during the officer or employee's regular working hours.Amended by Mass Register Issue 1270, eff. 9/26/2014.