Grants Management

1. Grants Management Bernard Williams and Mike Dame

2. Topics • Grants Management • Legal Requirements • Reporting Requirements • Monitoring of your Grant • Questions and Answers

3. Grants ManagementSole Source Justification Requests • Written approval required for: • procurement of item(s) in excess of $100,000, and • using a single vendor identified without a competitive bidding process • May not draw down or expend funds on that procurement prior to written approval by COPS

4. Grants ManagementSole Source Justification Requests • Justification for non-competitive procurement should include: • Description of program and item being contracted • Explanation of why it is necessary to contract non-competitively • Time constraints, if any • Uniqueness of item(s) being contracted • Declaration that this action is in the “best interests” of the agency • Any other relevant information.

5. Grants ManagementConsultant Rate Justifications • The COPS Office requires written justification and needs to approve of any consultant or contractor rate which exceeds $450 per day. • This written approval must be provided by COPS before grantees can draw Federal funds for any consultant or contractor rate which exceeds $450 per day.

6. Grants Management Consultant Rate Justifications • The Consultant Rate Justification should include: • A resume or curriculum vita (CV) for each consultant or contracted individual; • A detailed description of the services to be provided by the consultant or contractor including the number of hours to be worked, number of days, hourly rate, travel expenses and the nature of the service to be provided; • Documented prior instances of when a similar rate has been charged by the consultant or contractor; and • Letters of reference from prior clients.

7. Grants ManagementModifications to your Grant • Agencies have the ability to reprogram the grant budget as long as modifications remain within the scope of the project • Grantees may reprogram the budget by an aggregate of 10% of the total project cost without prior approval from the COPS Office • Grantees should consult with their COPS Point of Contact before reprogramming funding, and then notify the COPS Office in writing of any reprogramming that occurs below 10%

8. Grants ManagementModifications to your Grant • Once an aggregate of 10% or more has occurred in reprogramming, grantees must seek approval from the COPS Office. • Unallowable costs will be prohibited (e.g., contractual and/or contracting hours that exceed 36 months’ worth of work, indirect costs). • Acceptable examples of reprogramming include purchasing additional equipment using cost-savings from approved items, or purchasing a different type of equipment based on changing needs.

9. Grants ManagementModifications to your Grant • If the grant reprogramming exceeds 10% in aggregate, grantees must request a modification to the award by submitting a letter on official letterhead that includes: • ORI and grant number. • Details of the original award. • Description of the proposed change. • Departments should also submit revised budget worksheets that reflect all changes.

10. Grants ManagementExtensions of the Grant Period • According to the original application, “the ICTP grant is one year in duration” • The COPS office recognizes that these projects will likely take much longer than 12 months due to their complexity, therefore the FY 2006 grants have been given a 36 month grant period (5/1/2006 - 4/30/2009).

11. Grants ManagementExtensions of the Grant Period • Allows grantees more time to implement the project, complete the drawdown of funds on the grant and complete program requirements. • Remember - extensions only provide additional time, not additional funding. • Usually approved only during the last quarter of the grant

12. Legal RequirementsNEPA and Construction Conditions • Prior to constructing anything under the grant (e.g., radio towers or buildings) or drawing Federal funds for those items, the grantee must first perform an environmental assessment for each construction site pursuant to the National Environmental Policy Act of 1969, as amended. • A Finding of No Significant Impact (FONSI) is necessary prior to any construction or drawdown of Federal funds. • Because of the administrative barriers and significant project delays related to environment review under the National Environmental Policy Act (NEPA), the COPS office will not fund requests for costs that include construction under the FY 2006 grant program.

13. Legal RequirementsSupplanting • The nonsupplanting requirement of the COPS statute states that: • “Funds shall not be used to supplant [replace] State or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, . . .

14. Legal RequirementsSupplanting • but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.” 42 U.S.C. §3796dd-3(a).

15. Legal RequirementsSupplanting • COPS Interoperable Communications grant funds must be used to: • purchase technology and equipment beyond what the grantee already is obligated or funded to purchase

16. Legal RequirementsSupplanting • Most common supplanting issues: • Early purchases • Use of COPS funds to pay for technology/equipment purchased prior to the grant award start date • Reductions in funding • Use of COPS funds to pay for technology/equipment after reducing locally-funded “baseline” technology/equipment budget

17. Legal RequirementsLocal Matching Funds • Local matching funds may not come from funds already budgeted for law enforcement purposes • Local match must be paid during the grant award period

18. Legal RequirementsLocal Matching Funds • Grantees must maintain records that show the local match: • Source • From state or local funds (federal funds only if specifically authorized by the statute of the agency from which you are obtaining funds to use as local match) • Amount • As required by the grant terms and by statute • Timing • When budgeted and paid

19. Reporting RequirementsProgrammatic Quarterly Reports • Each agency has a designated point of contact at the COPS Office for Interoperable Communications grant issues • Your COPS POC will contact you on a quarterly basis for an update on the progress of your project and to address any issues you may have

20. Reporting RequirementsFinancial Status Reports • SF-269 - Due no later than 45 days after the end of quarter • Online: http://www.ojp.gov/oc/sf269onlinefiling.htm • Mail to: • COPS/Control Desk • 1100 Vermont Avenue, NW • 6th Floor • Washington, DC 20530 • FAX: COPS (202) 616-9004

21. Monitoring of Your GrantMonitoring and Assessment Activities • Monitoring Activities • Site visits • Office Based Grant Reviews (OBGRs) • Alleged Noncompliance Review (ANCR) • ICTP Assessment • COPS just awarded a cooperative agreement to the Institute for Law and Justice (ILJ) to assess ICTP grantees across the next two years. More information will be forthcoming.

22. Monitoring of Your GrantRecords Retention • All documentation associated with a grant must be saved for at least three years following the official notification of grant closure from the COPS Office. • These records must be easily located and properly protected against fire or other damage. • You should maintain your records so that you can identify them by grant year or by your fiscal year, whichever you find more convenient.

23. Monitoring of Your GrantAudits • In addition to oversight, guidance, and counsel provided by the COPS Office, your grant will be subject to an audit by independent examiners. • The three primary types of audits are Single Audit Act (SAA) audits, Department of Justice (DOJ), Office of the Inspector General (OIG) audits, and audits performed by the Government Accountability Office (GAO).

24. Questions and Answers