Chapter 08. Selection Process
Regulation .01 Letters of Intent — Commission Review.LinkCopy Citation
A.
The Commission may direct staff to review letters of intent and report to:
(1)
The Committee on Capital and Operational Funding;
(2)
The Commission; or
(3)
Both.
B.
If a letter of intent is submitted after the submission deadline specified in the call for proposals, the Commission shall:
(1)
Refuse delivery of the letter of intent; or
(2)
Return the letter of intent to the sender without review.
C.
The Commission shall review letters of intent properly submitted before the deadline specified in the call for proposals to:
(1)
Ensure that identifying information submitted by an applicant is complete; and
(2)
Determine the number and distribution of proposals likely to be submitted for each type of grant specified in the call for proposals.
D.
If, pursuant to COMAR 10.45.06.02B, the call for proposals requires an applicant to submit evidence of qualification as a community health resource with the applicant's letter of intent, the Commission shall determine, consistent with the criteria set forth in COMAR 10.45.05.02, .03, and .04, whether or not the applicant qualifies as a community health resource.
E.
The Commission shall notify an applicant determined to be a qualified community health resource:
(1)
Of the result of the Commission's review; and
(2)
That the applicant is eligible to submit a grant application in accordance with the requirements of the call for proposals.
F.
Except as provided in §G of this regulation, the Commission shall notify each unsuccessful applicant for qualification as a community health resource that the:
(1)
Commission has determined that the applicant does not qualify as a community health resource; and
(2)
Applicant is not eligible to submit a grant application in response to the call for proposals.
G.
If the Commission is unable to determine from its review of qualification materials submitted by the applicant whether or not the applicant qualifies as a community health resource, the Commission may:
(1)
Request that the applicant submit additional materials supporting the application for qualification as a community health resource;
(2)
Review the applicant's supplemental submission;
(3)
Determine whether or not the applicant qualifies as a community health resource; and
(4)
Provide notice of the Commission's decision to the applicant, in accordance with §E or F of this regulation, as appropriate.
Regulation .02 Application Review and Selection of Grantees.LinkCopy Citation
A.
If a grant application is submitted after the submission deadline specified in the call for proposals, the Commission shall:
(1)
Refuse delivery of the application; or
(2)
Return the application to the sender without review.
B.
The Commission shall review grant applications that were properly submitted prior to the deadline specified in the call for proposals in accordance with §C of this regulation.
C.
Review Procedures.
(1)
The Commission may direct staff to:
(a)
Initially review application materials;
(b)
Conduct negotiations with successful applicants regarding program specifications and grant conditions;
(c)
Report the results of staff's efforts performing the tasks assigned by the Commission pursuant to §C(1)(a) or (b) of this regulation to the:
(i)
Commission; or
(ii)
Committee on Capital and Operational Funding; or
(d)
Perform each of the tasks identified in §C(1)(a) — (c) of this regulation.
(2)
The Commission may consider, in connection with its evaluation of grant proposals:
(a)
Reports by:
(i)
The Committee on Capital and Operational Funding;
(ii)
Staff; or
(iii)
Both; and
(b)
Any application materials the Commission reviews directly.
(3)
The Commission shall consider, in connection with its evaluation of grant proposals, the degree to which a proposal:
(a)
Effectively responds to the call for proposals;
(b)
Meets the selection criteria specified in COMAR 10.45.07.01; and
(c)
Addresses the funding priorities specified in COMAR 10.45.07.02.
(4)
If the Commission determines that none of the proposals received has sufficient merit to justify award of a grant under this subtitle, the Commission shall notify all applicants of the decision not to award any grants in the present round of grant-making.
(5)
If the Commission determines, consistent with the criteria and priorities set forth in COMAR 10.45.07.01 and .02, that one or more of the proposals reviewed merits a grant award, the Commission shall:
(a)
To the extent adequate funding is available, select one or more applicant or applicants to receive funding pursuant to Regulation .03 of this chapter;
(b)
Notify all applicants with applications pending before the Commission of the Commission's decision; and
(c)
With respect to applicants selected pursuant to §C(5)(a) of this regulation, include with the notice required by §C(5)(b) of this regulation:
(i)
A specification of the amount or range of amounts the Commission expects to award to the grantee; and
(ii)
An explanation of the negotiation process described in Regulation .03 of this chapter.
Regulation .03 Negotiation and Award.LinkCopy Citation
A.
An applicant approved by the Commission for a grant award pursuant to Regulation .02 of this chapter shall, in collaboration with the Commission, develop grant specifications concerning:
(1)
Performance milestones;
(2)
Deliverables;
(3)
A grant disbursement schedule;
(4)
Monitoring and evaluation requirements;
(5)
Data requirements; and
(6)
The project's final budget.
B.
Upon its approval of grant specifications proposed by the applicant pursuant to §A of this regulation, the Commission shall perfect the grant award according to the terms of the successful proposal, as modified by the specifications negotiated pursuant to §A of this regulation and agreed to by the Commission and the grantee.
C.
In the event the Commission and an applicant selected pursuant to Regulation .02C(5) of this chapter are unable to agree on the specifications listed in §A of this regulation, either the Commission or the applicant may withdraw.
D.
In the event of a withdrawal from negotiations pursuant to §C of this regulation, the Commission may, in its sole discretion, make an additional selection or selections, pursuant to Regulation .02C(5)(a) of this chapter, from applicants who submitted high-scoring proposals that were not chosen in the Commission's original selection pursuant to Regulation .02C(5)(a) of this chapter.
Regulation .04 Use of Grant Funds.LinkCopy Citation
A.
A grantee under this subtitle may use grant funds for:
(1)
Salaries and employment benefits for project staff;
(2)
Subcontracting and consultant fees;
(3)
Data collection and analysis;
(4)
Project-related travel, conference calls, and meetings;
(5)
Office supplies, expenses, and other indirect costs as approved by the Commission; and
(6)
A limited amount of essential equipment and minor infrastructure improvements required by the project.
B.
Funds from operating grants awarded under this subtitle may not be used for:
(1)
The purchase or lease of major equipment;
(2)
Construction projects;
(3)
Support of clinical trials;
(4)
Medical devices or drugs that have not received approval from the appropriate federal agency; or
(5)
Lobbying or political activity.
C.
Funds may not be used in contravention of the Department's Standard Grant Agreement.
Regulation .05 Formula for Disbursing Grants.LinkCopy Citation
A.
The Commission shall disburse grant funds to grantees in accordance with the following formula:
(1)
Unless the Commission finds that special circumstances apply and the grant award so specifies, the Commission shall make an initial payment to a grantee of up to 20 percent of the total grant award;
(2)
The Commission shall make progress payments to a grantee in accordance with a schedule of milestones:
(a)
To which the Commission and the grantee have agreed; and
(b)
That provides that, by the time the grant period expires, the total disbursement of grant funds shall equal 100 percent of the amount awarded under this subtitle; and
(3)
Unless the Commission finds that special circumstances apply and the grant award so specifies, a single progress payment may not exceed 50 percent of the total funds awarded the grantee under this subtitle.
B.
If the grantee fails to achieve any milestone, or fails to abide by the terms of the grant, the Commission may cancel the grant and withhold any or all funds not yet disbursed.
C.
The Commission may:
(1)
By written agreement entered into with a grantee after the award of a grant under this subtitle, modify any milestone or schedule of milestones;
(2)
Conduct audits or otherwise inspect the records, premises, and operations of the grantee to determine whether grant funds are being administered:
(a)
In a financially responsible manner;
(b)
In accordance with the terms of the grant award; and
(c)
In accordance with the requirements of Regulation .04 of this chapter; and
(3)
Establish in the grant documents such other terms and conditions relating to grant funds as the Commission considers reasonable and necessary.
Chapter annotations
Authority: Health-General Article, §§19-2107, 19-2109, and 19-2201, Annotated Code of Maryland
History: Effective date:
History: Regulations .01 — .05 adopted as an emergency provision effective October 31, 2006 (33:24 Md. R. 1905); adopted permanently effective February 12, 2007 (34:3 Md. R. 299)