New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 21 - GRANT PROGRAM RULES › Section 1.12.21.9 - MERIT BASED GRANT PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
These additional rules apply to a merit based grant
				  program.
A.
Merit
				requirement.
Unless the rules applicable to an assistance grant program
				apply, a grant program shall be merit based.
B.
General merit standards.
A
				merit based grant program shall be designed and conducted in a manner that
				encourages participation by applicants who are reasonably likely to accomplish
				the program purpose, who have the ability to satisfy award criteria, who have
				interests and capabilities aligned with the intended beneficiaries of the
				program and who have the interest and ability to sustain the program purpose;
(1) shall encourage contracting with state,
				local, minority, native American and woman owned enterprises;
(2) unless specified by a funding source, or
				good cause exists, shall not use eligibility or program specifications that
				favor a particular applicant. In this context, good cause means there is a
				compelling public interest that justifies favoring a particular applicant, but
				the program does not qualify to be established as an assistance grant
				program;
(3) shall, if lawful and
				reasonably practicable, be designed in a way that supports direct or indirect
				participation by local and small businesses;
(4) shall include a process that allows the
				sponsoring body to waive or defer a matching contribution upon a showing of
				good cause and where sufficient safeguards can be implemented to facilitate
				successful completion of the project.
(a) As
				used in this rule, safeguards may include, but are not limited to, financial
				guarantees by the grantee or third party, bond programs or bond program
				initiatives, enhanced contractor qualifications, or enhanced project oversight
				including increased reporting frequency.
(b) As used in this rule, good cause exists
				when an applicant submits a waiver request with an application articulating
				facts which show a legal or practical obstacle to appropriating or generating
				sufficient funding for the matching requirement using all reasonably available
				funding mechanisms. Obstacles to funding may include, but are not limited to,
				challenging socio-economic conditions within the proposed service area or
				community, poor subscriber revenue projections, limited investment opportunity
				or return expectations, or infeasibility of generating matching funds through
				tax or bond initiatives. A demonstration of a current lack of available
				funding, without more, will not establish good cause.
(c) A waiver request shall be submitted with
				an application, using a form or format specified by the sponsoring body, and
				shall include both the justification for the request and any safeguards the
				applicant is willing to implement to facilitate project completion.
(5) may include incentives for an
				application that maximizes or leverages alternative and supplemental funding
				sources for a program. Any available incentive shall be identified in the
				program NOFO.
(6) shall be designed
				and administered in a manner that maximizes transparency without sacrificing
				confidentiality or competitive processes.