Chapter ATCP 163

Chapter ATCP 163

AGRICULTURAL DEVELOPMENT

ATCP 163.01   Definitions.

ATCP 163.02   Grant proposals.

ATCP 163.03   Evaluating grant proposals.

ATCP 163.04   Grant contract.

ATCP 163.05   Verification.

ATCP 163.06   Public access.

ATCP 163.01 ATCP 163.01 Definitions. In this chapter:

ATCP 163.01(1) (1) “Applicant” means a person who submits a grant proposal.

ATCP 163.01(2) (2) “Authorized department official” means the department secretary, deputy secretary, or assistant deputy secretary.

ATCP 163.01(3) (3) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 163.01(4) (4) “Grant” means a grant for agricultural or economic development.

ATCP 163.01 Note Note: Agricultural or economic development grants are administered by the Division of Agricultural Development.

ATCP 163.01(5) (5) “Matching funds” means the cash value of the project contributed by the recipient. A matching fund may be in the form of capital, land, labor, equipment, or cash related to the project.

ATCP 163.01(6) (6) “Person” means an individual, corporation, cooperative, partnership, limited liability company, trust, governmental entity, academic institution, or other legal entity.

ATCP 163.01(7) (7) “Recipient” means a person who receives a grant.

ATCP 163.01 History History: CR 22-065: cr. Register June 2023 No. 810, eff. 7-1-23.

ATCP 163.02 ATCP 163.02 Grant proposals.

ATCP 163.02(1) (1) The department may at any time, issue a request for grant proposals. The department shall issue a request for grant proposals at least once during every state fiscal biennium for which grant funding is appropriated. A request for grant proposals shall include all of the following:

ATCP 163.02(1)(a) (a) A deadline date for submitting a grant proposal.

ATCP 163.02(1)(b) (b) An address for submitting a grant proposal.

ATCP 163.02(1)(c) (c) The name, business mailing address, business email address, and business telephone number of a department representative who can provide more information or answer questions about the request for grant proposal.

ATCP 163.02(1)(d) (d) The applicant criteria for grant eligibility.

ATCP 163.02(1)(e) (e) A description of grant objectives or eligible projects.

ATCP 163.02(1)(f) (f) The format and content requirements for the proposal.

ATCP 163.02(1)(g) (g) Other terms and conditions that the department determines to be relevant.

ATCP 163.02(2) (2) The department shall issue a general news release announcing the request for grant proposals. The request for grant proposals shall be available on the department’s website. The department shall mail or email the request for grant proposal to any person requesting it.

ATCP 163.02 History History: CR 22-065: cr. Register June 2023 No. 810, eff. 7-1-23.

ATCP 163.03 ATCP 163.03 Evaluating grant proposals.

ATCP 163.03(1) (1) The department shall evaluate grant proposals submitted and shall announce its grant awards within 90 days after the deadline date specified in the request for grant proposals.

ATCP 163.03(2) (2) In its evaluation under sub. (1), the department shall consider all of the following criteria:

ATCP 163.03(2)(a) (a) Whether the proposal complies with the department’s request for proposals.

ATCP 163.03(2)(b) (b) Whether the proposed project will meet the grant’s objectives as listed in the request for proposal.

ATCP 163.03(2)(c) (c) The viability of the proposed project.

ATCP 163.03(2)(d) (d) The adequacy of the project plan and budget.

ATCP 163.03(2)(e) (e) The financial capacity of the applicant to complete the project as proposed.

ATCP 163.03(2)(f) (f) The qualifications of the persons who will carry out the project as proposed.

ATCP 163.03(2)(g) (g) Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.

ATCP 163.03(2)(h) (h) The applicant’s capacity to provide any required matching funds. The matching fund may include grant funds from sources other than the department.

ATCP 163.03(3) (3) A grant award shall be signed by an authorized department official. The grant award shall clearly identify the person to whom the grant is awarded, the amount awarded, and the purpose for which the grant is awarded. No funding commitment is final until a contract is executed.

ATCP 163.03 History History: CR 22-065: cr. Register June 2023 No. 810, eff. 7-1-23.

ATCP 163.04 ATCP 163.04 Grant contract.

ATCP 163.04(1) (1) General. The department may not distribute any grant funds to the recipient until the recipient enters into a grant contract with the department. The grant contact takes effect when signed by an authorized department official and the grant recipient. A grant contact may be signed by an authorized department official after the recipient signs the contract.

ATCP 163.04(2) (2) Contract period. The original term of a contract is two years, but may be extended for up to one year upon request. The contract term may extend beyond the state fiscal biennium in which funds for the contract are appropriated, provided that the department encumbers those contract funds and the contract is signed in that biennium.

ATCP 163.04(3) (3) Provisions. The grant contract shall include provisions that do all of the following:

ATCP 163.04(3)(a) (a) Clearly identify the recipient.

ATCP 163.04(3)(b) (b) Clearly identify the amount of the grant.

ATCP 163.04(3)(c) (c) Set forth the terms and conditions of the grant including all of the following:

ATCP 163.04(3)(c)1. 1. Actions required of the recipient, including contemplated uses of the grant funds.

ATCP 163.04(3)(c)2. 2. Matching funds, if any, required of the recipient.

ATCP 163.04(3)(c)3. 3. Expected deliverables.

ATCP 163.04(3)(c)4. 4. Payment schedule and conditions, including the distribution of funds in multiple payments based on documented progress toward completion of the project.

ATCP 163.04(3)(c)5. 5. Repayment requirements, if any.

ATCP 163.04(3)(c)6. 6. Documentation, reports, and accounting required of the recipient including the frequency and format of the report and the performance measures to be included in the report.

ATCP 163.04(4) (4) Requirements for large grants. For each grant of $100,000 or more, the contract shall include, in addition to sub. (3), all of the following:

ATCP 163.04(4)(a) (a) A requirement that the recipient submit a verified statement accounting for the use of all grant funds received. The verified statement shall include all of the following:

ATCP 163.04(4)(a)1. 1. The amount of funds received.

ATCP 163.04(4)(a)2. 2. A clear itemized description showing, by expenditure category, how all received funds were spent.

ATCP 163.04(4)(a)3. 3. The nature and amount of any matching funds provided by the recipient, and the recipient’s use of those matching funds.

ATCP 163.04(4)(a)4. 4. Documentation of the deliverables provided by the recipient under the contract, and the dates on which the recipient provided those deliverables.

ATCP 163.04(4)(a)5. 5. Signatures of an independent certified public accountant licensed or certified under ch. 442, Stats., and the director or principal officer of the recipient attesting to the accuracy of the verified statement.

ATCP 163.04(4)(b) (b) The timeframe in which the verified statement, in a form required by the department, shall be submitted to the department.

ATCP 163.04(4)(c) (c) A statement that documents supporting the verified statement shall be made available to the department upon request.

ATCP 163.04(5) (5) Penalties for false or misleading statements or contract breach.

ATCP 163.04(5)(a) (a) A grant contract may provide for any of the following penalties or remedies if the grant recipient submits false or misleading information to the department or fails without reasonable justification to comply with the terms of the contract:

ATCP 163.04(5)(a)1. 1. The department may demand and recoup payments made to the recipient.

ATCP 163.04(5)(a)2. 2. The department may withhold payments to which the recipient would otherwise be entitled under the contract.

ATCP 163.04(5)(a)3. 3. The department may impose a forfeiture on the recipient. A recipient may not pay any forfeiture under this subdivision with funds received under another grant or loan from the department.

ATCP 163.04(5)(b) (b) The specification of penalties or remedies under this subsection does not prevent the department from pursuing any other remedy to which the department may otherwise be entitled by law.

ATCP 163.04 History History: CR 22-065: cr. Register June 2023 No. 810, eff. 7-1-23.; correction in (4) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 163.05 ATCP 163.05 Verification. The department shall annually and independently verify, from a sample of grants, the accuracy of the information reported to the department as required under the contract.

ATCP 163.05 History History: CR 22-065: cr. Register June 2023 No. 810, eff. 7-1-23.

ATCP 163.06 ATCP 163.06 Public access. All grant proposal applications are open to public inspection after the awarding of grants. The department may withhold access to any proposal application or portion of a proposal application containing information qualifying as a trade secret as defined in s. 134.90 (1) (c), Stats. Applicants shall identify those portions of a proposal application that contain a trade secret and claim the exemption from public inspection at the time of filing a grant proposal application with the department.