Code of Massachusetts Regulations
815 CMR - COMPTROLLER'S DIVISION
Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies
Section 2.06 - Contractual Requirements for Grants and Grant Payments

Universal Citation: 815 MA Code of Regs 815.2

Current through Register 1531, September 27, 2024

(1) The identification of a Grantee in a notice or a letter of a Grant award creates no contractual obligation for a department or the State. A Grantor Department can not issue Grant payments until the contractual documents outlined in 815 CMR 2.05(2) or (3) are properly executed and filed in accordance with policies and procedures issued by the Office of the Comptroller.

(2) Commonwealth Terms and Conditions Contract and Standard Contract Form. An authorized signatory of a Grantee must execute a Commonwealth Terms and Conditions Contract and a Standard Contract Form issued by the Office of the Comptroller for Grants awarded under 815 CMR 2.00. The Commonwealth Terms and Conditions Contract will be incorporated by reference into any Standard Contract Form executed by the Grantee and any department. The Standard Contract Form and attachments must identify the amount, duration and scope of the Grant, and applicable fiscal or programmatic reporting requirements for documenting Grant expenditures or performance.

(a) Grantees may not be permitted to occupy or use land, buildings, equipment, or facilities of the Commonwealth or use the services of any officer or employee of the Commonwealth during regular business hours unless there is a written agreement approve by ANF between that Grantee that the Commonwealth will be reimbursed for such occupancy or use, subject to waiver upon good and sufficient reasons as recommended by the State Department Grantor, and the waiver is filed with the State Auditor.

(b) Grantees receiving Federal Grant Awards will be required to submit a Form W-9 with a DUNS number, or as otherwise prescribed by the Office of the Comptroller, to comply with Federal reporting requirements.

(3) Grant Payments and Compensation. A Grantee shall be compensated in accordance with the specific terms and conditions of a Grant identified in the Standard Contract Form, and in accordance with the Bill Payment Policy issued by the comptroller, including EFT payment. Unless otherwise provided by law, all Grant payments are subject to appropriation pursuant to M.G.L. c. 29, § 26, or the availability of sufficient non-appropriated funds for the purposes of the Grant, and shall be subject to intercept pursuant to M.G.L. c. 7A, § 3 and 815 CMR 9.00: Debt Collection and Intercept. A Department Grantor is under no legal obligation to compensate a Grantee, or to obtain additional funding, for any costs or other commitments which are outside of the scope of an executed Standard Contract Form.

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