N.M. Admin. Code § 1.12.21.10

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.12.21.10 - ASSISTANCE GRANTS

These additional rules apply to assistance grant programs.

A.Authorization. An assistance grant is authorized if the:

(1) total available program funding does not exceed $2,500,000,

(2) funding source specifies the grantee or subrecipient;

(3) funding source requires program funds to be fully expended in fewer than 18 months;

(4) sponsoring body determines that the grantee or subrecipient is the only person who can satisfy program requirements specified by a funding source in a timely, correct and cost-effective manner;

(5) delay inherent in the merit-based program would likely create or exacerbate a threat to life, health, physical security, economic security, cyber security or educational development of state residents or to the State, or would likely delay meaningful mitigation of such an existing threat; or

(6) grantee or subrecipient is a local governmental unit, tribal unit, electric cooperative, or telephone cooperative and the funding source does not expressly require a competitive or merit based process.

B.Justification order. An assistance grant shall be authorized by an order or resolution of the sponsoring body, supported by findings and conclusions justifying an assistance grant, and published at least 21 days before the award.

C.Grant proposal. An assistance grant shall be based on a grant proposal presented by the grantee or subrecipient that, at a minimum, includes:

(1) a detailed description of the proposed project, how the project would accomplish a purpose specified in, and satisfy conditions of, the funding source, the project timeline and the source and availability of other funds required to complete the project;

(2) the identity, financial and performance qualifications of each grantee, vendor or contractor who will be directly or indirectly receive award funds, including qualifications of the project manager and all key grantee, vendor and contractor personnel;

(3) the form and substance of each contract the grantee proposes to procure with the award funds;

(4) the identify and qualifications of the grantee's fiscal agent, if required;

(5) sufficient information to establish that the proposal meets an exception to the merit-based program; and

(6) any other information requested by the sponsoring body.

D.Match requirement. Unless a funding source prohibits requiring a match, or specifies a match requirement, a sponsoring body may specify match, and match waiver, requirements. Match and match waiver requirements shall be specified in the justification order and included in the award agreement.

E.Contracting. To the largest extent possible, the sponsoring body will encourage the funding program participation by New Mexico-based organizations, organizations located (and hiring from) within the proposed project footprint, woman and minority owned organizations, veteran owned businesses and tribally-owned/based organizations and businesses.

N.M. Admin. Code § 1.12.21.10

Adopted by New Mexico Register, Volume XXXIV, Issue 07, April 11, 2023, eff. 4/11/2023, Amended by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 4/9/2024