Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 31 - School Facility Planning and Construction › Article 1 - Planning and Construction › 4 AAC 31.023 - Grant or other financial assistance award, allocations, and conditions

Current through May 31, 2024
(a) Except
				as provided in (b) of this section, the department will not award a grant under
				AS
				14.11.011 -
				AS
				14.11.020 or allocate other financial
				assistance under
				AS
				14.11.100 unless the application was approved
				by the State Board of Education and money adequate to complete the project, in
				the amount approved, is available after making grant awards or allocating other
				financial assistance to projects that have a higher priority ranking.
(b) If, after providing money for grant or
				other financial assistance applications that have a higher priority, there is
				not enough money to pay for the next-priority project in total, a grant or
				other financial assistance will, in the department's discretion, be awarded or
				allocated in a lesser amount if (1) the district consents to a reduction in the
				scope of the project and the reduction in the scope of the project still
				results in accomplishing the project's objectives, or (2) the project is
				capable of being accomplished in phases. If the district does not consent to a
				reduction, and the project cannot be accomplished in phases, then the project
				that is next in order of priority will be considered for award of a grant or
				allocation of other financial assistance under (a) of this section and this
				subsection.
(c) The department
				will, before the disbursement of grant or allocations of other financial
				assistance to a school district, require the execution of a grant or other
				financial assistance agreement, on a form prescribed by the commissioner, that
				contains the following conditions:
(1) the
				project will be constructed and equipped under the requirements of
				4 AAC 31.020(a), within the project
				budget determined under
				4 AAC 31.022(e);
(2) money will be disbursed as the parties
				agree to allow the accomplishment of stages in the project, such as site
				acquisition; design and construction; and to reimburse the district for money
				actually and necessarily spent, before the award of the grant or allocation of
				other financial assistance,
(A) for
				application costs, planning costs, design costs, and construction costs
				incurred not more than 36 months before the initial submission of the grant or
				other financial assistance application with a substantially identical scope;
				and
(B) site acquisition costs
				incurred not more than 120 months before the initial submission of the grant or
				other financial assistance application with a substantially identical scope for
				which the department has given its approval under 4 AAC 31.025;
(3) the district's performance
				under the grant or other financial assistance is subject to financial audit at
				any time; the cost of an audit required by the state is an allowable cost of
				school construction;
(4) the site
				for the school facility is approved under 4 AAC 31.025;
(5) designers, commissioning agents, and
				construction managers of the facility shall be selected under 4 AAC 31.065;
(6) construction shall be
				performed by contracts awarded under 4 AAC 31.080; and.
(7) unless a district provides documented
				evidence of project-specific indirect administrative costs in excess of these
				limits, indirect administrative costs may not exceed
(A) three percent of construction costs, if
				construction costs are $500,000 or less:
(B) the greater of $15,000 or two percent of
				construction costs, if construction costs are over $500,000 but less than
				$5,000,000;
(C) the greater of
				$100,000 or one percent of construction costs, if construction costs are
				$5,000,000 or more.