Chapter DHS 199

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)(a)2.d. d. The extent to which the applicant’s proposed budget is clear and justified.

DHS 199.05(5)(a)2.e. e. An evaluation plan for the project.

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) (6) Ranking applications.

DHS 199.05(6)(a) (a) Ranking applications for initial grants.

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) (b) Ranking applications 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 DHS 199.06 Grant awards.

DHS 199.06(1) (1) Making awards.

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) (5) Availability of funds.

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 DHS 199.07 Restrictions.

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.

DHS 199.07(3) (3) Grantee administration.

DHS 199.07(3)(a) (a) A grantee may not use grant funds to supplant existing employee salaries. Grant funds may be used to hire a person who will work less than 40 hours per week or to increase the hours of existing employees currently working less than 40 hours per week.

DHS 199.07(3)(b) (b) A grantee may not use grant funds to purchase capital equipment without the prior written approval of the department, although funds may be used to rent capital equipment. In this paragraph, “capital equipment” means equipment having a value greater than $5000 and a useful life of more than one year.

DHS 199.07(3)(c) (c) Grant recipients shall annually furnish the department with an independent certified audit of grant expenses within 30 days after receipt of the report from the audit firm but no later than 90 days after completion of the grant recipient’s fiscal year. The cost of the audit shall be included in an applicant’s budget of administrative costs.

DHS 199.07(3)(d) (d) Grant recipients shall maintain records for 3 years and provide information to the department as required by the department for purposes of program and fiscal audits and, at the request of the department, shall appear before department to respond to any questions about the project and use of the grant monies.

DHS 199.07 History History: Cr. Register, May, 2001, No. 545, eff. 6-1-01; CR 03-033: am. (1) (a) Register January 2004 No. 577, eff. 2-1-04; CR 20-067: am. (1) (intro.), (2), (3) (b) to (d) Register December 2021 No. 792, eff. 1-1-22.