Code of Massachusetts Regulations
815 CMR - COMPTROLLER'S DIVISION
Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies
Section 2.05 - Grant Disbursements
Current through Register 1531, September 27, 2024
Grants 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:
(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.