DHS 199.03(13)
(13) “Tobacco prevention and control" means anti-tobacco activities including but not limited to comprehensive efforts in prevention, cessation, policy advocacy, media and countermarketing, evaluation, monitoring, and administrative activities.
DHS 199.03 History
History: Cr.
Register, May, 2001, No. 545, eff. 6-1-01;
correction in (8) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2011 No. 667;
CR 20-067: am. (2), (3), cr. (4m), am. (5), (8), r. (12) Register December 2021 No. 792, eff. 1-1-22. DHS 199.04(1)(a)
(a) Fund projects that have prevention and control of tobacco use as their primary goal.
DHS 199.04(1)(b)
(b) Make funds available to community coalitions such that each county of the state has the opportunity to have at least one anti-tobacco coalition ensuring tobacco prevention and control activities within its geographic borders.
DHS 199.04(1)(c)
(c) Fund only programs or projects that are culturally competent.
DHS 199.04(1)(d)1.1. Fund media activities that shall be measured against the following performance-based standards:
DHS 199.04(1)(d)1.a.
a. Create awareness of campaign messages among 80% of the target population within 6 months of initiating the campaign message.
DHS 199.04(1)(d)1.b.
b. Create a 10% change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry.
DHS 199.04(1)(d)2.
2. As determined appropriate by the department, specify additional performance-based standards in each grant contract based on the scope and content of the media and counter-marketing campaign.
DHS 199.04(1)(e)
(e) Fund programs or projects that demonstrate plans and progress toward achieving program quality criteria and indicators of success specified in the grant RFP and the department strategic plan.
DHS 199.04(1)(f)
(f) Fund only programs or projects that maintain administrative costs no more than 10% of total costs.
DHS 199.04(1)(g)
(g) Fund programs and projects that demonstrate independence from the influence of the tobacco industry.
DHS 199.04(2)
(2) The department may provide funding to governmental organizations performing or providing support for tobacco prevention and reduction activities, including tobacco education, cessation services, policy development, policy advocacy, monitoring, evaluation, resource distribution, program planning or monitoring.
DHS 199.04 History
History: Cr.
Register, May, 2001, No. 545, eff. 6-1-01;
CR 03-033: am. (1) (d) 1. b.
Register January 2004 No. 577, eff. 2-1-04;
CR 20-067: am. (1) (intro.), (d) 2., (e), (2) Register December 2021 No. 792, eff. 1-1-22. DHS 199.05(1)(a)3.
3. A coalition of organizations under the auspices of a public agency or a legally-formed organization.
DHS 199.05(1)(a)4.
4. The tribal governing body of a federally recognized Wisconsin tribe or band of Indians, or an American Indian organization appointed by the tribal governing body.
DHS 199.05(2)(a)
(a) The department shall solicit applications for initial grants by preparing one or more RFPs, publishing a legal notice of the availability of each RFP at least twice in the official state newspaper no later than 3 weeks before the application deadline, and distributing copies of an RFP on request.
DHS 199.05(2)(b)
(b) Based upon satisfactory performance and availability of funds, the department may solicit applications annually for continuation grants from current grantees. The department's solicitations shall be published as a legal notice at least twice in the official state newspaper no later than 3 weeks before the application deadline. The department shall provide details of the continuation grant to interested parties upon request.
DHS 199.05(3)(a)1.1. An application for an initial grant shall be made on forms included in the RFP.
DHS 199.05(3)(a)3.
3. The application shall be submitted to department in accordance with the deadline and processes indicated in the RFP.
DHS 199.05(3)(b)1.1. The department may solicit applications for continuation grants from currently funded projects in a form determined by the department to be appropriate for the projects.
DHS 199.05(3)(b)2.
2. The continuation solicitation shall specify a date by which the applicant must apply.
DHS 199.05(3)(b)3.
3. The application shall be submitted to the department in accordance with the deadline, required format and content specifications indicated in the continuation solicitation.
DHS 199.05(4)
(4) Content of application. An application for an initial grant shall include all of the following:
DHS 199.05(4)(c)
(c) An abstract that briefly describes the project and highlights the project's purpose.
DHS 199.05(4)(e)
(e) A justification of the proposed budget detailing cost estimates used in compiling the budget request.
DHS 199.05(4)(g)
(g) A statement of assurance of compliance with applicable federal statutes and regulations and state statutes and rules, including the requirements of this chapter and the RFP.
DHS 199.05(5)(a)1.1. `Preliminary review.' All initial grant applications shall include all of the application contents specified in sub.
(4) and, if applicable, the RFP. The department or its designated evaluation committee shall review each application for compliance with the format and content specifications of sub.
(4) and the RFP. Applications that fail to meet all of the criteria may not be approved by the department. Rejection of an application for failure to meet form and content specifications is not subject to appeal to the department.
DHS 199.05(5)(a)2.
2. `Evaluation criteria.' The department or its designated evaluation committee shall evaluate initial grant applications that receive a favorable preliminary review as specified in subd.
1. against criteria specified in sub.
(4) and the RFP. The criteria shall include all of the following:
DHS 199.05(5)(a)2.a.
a. The applicant's organizational and programmatic capacity to implement the proposed project.
DHS 199.05(5)(a)2.b.
b. The applicant's understanding and ability to communicate the needs of the target population.
DHS 199.05(5)(a)2.c.
c. The applicant's stated purpose and objectives for the program and methods and timetable for implementing the program.
DHS 199.05(5)(b)
(b)
Criteria for evaluating continuation applications. The department or its designated evaluation committee shall evaluate continuation grant applications against all of the following criteria:
DHS 199.05(5)(b)1.
1. The applicant's understanding and capacity to communicate the needs of the target population.
DHS 199.05(5)(b)2.
2. The applicant's timetable for implementing the continuation of the current program.
DHS 199.05(5)(b)3.
3. The quality of the program as measured by program objectives and methodology, evaluation methodology and outcomes, fiscal management, documentation of program services, and the involvement of community partners.
DHS 199.05(6)(a)1.1. The department or its designated evaluation committee shall weight the importance of each evaluation criterion by assigning points to it. The criteria weighting shall be provided in the RFP.
DHS 199.05(6)(a)2.
2. Using the evaluation criteria specified in subs.
(4) and
(5), the department or its designated evaluation committee shall evaluate each application against each applicable criterion and assign points signifying the degree to which the application meets each criterion up to the maximum number of points specified in the RFP. The total points assigned to the application for all applicable criteria will be the score for each application.
DHS 199.05(6)(a)3.
3. The department shall numerically rank each application for each RFP and for continuation grants.
DHS 199.05(6)(b)1.1. Using evaluation criteria specified in sub.
(5) (b), the department or its designated evaluation committee shall conduct a non-competitive evaluation of each application.
DHS 199.05(6)(b)2.
2. The department shall assign a numerical score to each continuation grant application.
DHS 199.05(6)(b)3.
3. The department or its designated evaluation committee shall award continuation grants based upon the applicant's demonstration of effective grant administration and achievement of program outcomes during the previous funding period.
DHS 199.05 History
History: Cr.
Register, May, 2001, No. 545, eff. 6-1-01;
CR 20-067: am. (2), (3) (a) 3., (b) 1., 3., (5) (a) 1., 2. (intro.), (b) (intro.), (6) Register December 2021 No. 792, eff. 1-1-22; correction in (2) (b) made under s. 13.92 (4) (b) 6., Stats., Register December 2021 No. 792. DHS 199.06(1)(a)(a) Initial grants. For a given RFP, the department shall award a grant to the applicant with the highest numerical score pursuant to s.
DHS 199.05 (6), except that:
DHS 199.06(1)(a)1.
1. The department or its designated evaluation committee may reject any application failing to meet the content specifications under s.
DHS 199.05 (4). Rejection of an application for failure to meet the content specifications under s.
DHS 199.05 (4) is not subject to appeal.
DHS 199.06(1)(a)2.
2. The department may negotiate the amount of an award, authorized budget items and programmatic goals and objectives before awarding a grant to an applicant.
DHS 199.06(1)(a)3.
3. The department or its designated evaluation committee may reject applications submitted by organizations or individuals that have a contractual, corporate, organizational or business responsibility to promote, assist in the promotion of, the use of or the sale of tobacco products for a company involved in the production, distribution or marketing of tobacco products.
DHS 199.06(1)(b)
(b)
Continuation grants. The department may negotiate the amount of an award, authorized budget items and programmatic goals and objectives before awarding a continuation grant to an applicant.
DHS 199.06(1)(c)
(c)
Intergovernmental procurements. In accordance with s.
16.75 (6) (b), Stats., the department may perform an intergovernmental procurement for purchases of supplies, materials, equipment or contractual services other than printing and stationary, from the federal government, from another state, or from any county, city, village, town or other governmental body in the state.
DHS 199.06(2)
(2) Notification. The department shall notify all applicants, in writing, within 60 days of the deadline stated in the RFP for an initial grant, or within 30 days of the expiration of an existing grant, of awards for the new funding agreement.
DHS 199.06(3)
(3) Appeal. Except as provided in s.
DHS 199.05 (5) (a) 1. And sub.
(1) (a) 1., an applicant for either an initial grant or a continuation grant may appeal to the department an adverse decision of the department. The appeal shall be in writing and shall fully identify all contested issues. The appeal shall be filed with the
department within 10 working days of the date on which the notice of awards is postmarked.
DHS 199.06(4)
(4) Contract. The department shall make all grant awards through a contract between the department and each applicant selected to receive a grant.
DHS 199.06(5)(a)
(a) The department shall decide in advance of the funding year the amount of funds available for grants from the expected appropriation under s.
20.435 (1) (fm), Stats., and shall announce the availability of funds in one or more RFPs.
DHS 199.06(5)(b)
(b) All funding decisions shall be contingent upon availability of funds under s.
20.435 (1) (fm), Stats. Any changes in the amount of funds available which were unforeseen at the time of the department's release of an RFP or continuation grant materials shall be accommodated by the department, as appropriate, by means of reduction, elimination or increase in existing awards, by awarding of funds to applicants previously denied due to insufficient funds, or by release of a new RFP or new continuation grant application materials.
DHS 199.06(5)(c)
(c) Any funds that become available due to a denial of an award to a selected grantee as a result of failure of the selected grantee to sign the required agreement or as a result of termination of a project by the department or grantee shall be reallocated by the
department at its discretion but within the limits of the intent of the appropriation and this chapter.
DHS 199.06 History
History: Cr.
Register, May, 2001, No. 545, eff. 6-1-01;
corrections in (5) (a) and (b) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2011 No. 667;
CR 20-067: am. Register December 2021 No. 792, eff. 1-1-22. DHS 199.07(1)(1)
Prohibited use of funds. The following activities are prohibited under any grant awarded by the department:
DHS 199.07(1)(a)
(a) Purchasing tobacco use cessation medications without written permission from the grant manager.
DHS 199.07(1)(b)
(b) Developing, implementing and evaluating of non-tobacco related activities and programs.
DHS 199.07(1)(c)
(c) Supplanting existing anti-tobacco resources and activities.
DHS 199.07(2)
(2) Violation of prohibited activities. If a grantee conducts prohibited activities under sub.
(1), the department may terminate the grant and recover funds previously paid to the grantee for that funding period on a recoupment schedule specified in the grant contract.
