DHS 199.03 (4m) “Department” means the department of health services.
SECTION 29. DHS 199.03 (12) and (Note) are repealed.
SECTION 30. DHS 199.04 (1) (intro.), (1) (d) 2., and (e), and (2) are amended to read:
DHS 199.04 (1) The board department shall do all of the following:
DHS 199.04 (1) (d) 2. As determined appropriate by the board department, specify additional performance−based standards in each grant contract based on the scope and content of the media and counter−marketing campaign.
DHS 199.04 (1) (e) Fund programs or projects that demonstrate plans and progress toward achieving program quality criteria and indicators of success specified in the grant RFP and the board department strategic plan.
DHS 199.04 (2) The board department may provide funding to governmental organizations performing or providing support for tobacco prevention and reduction activities, including tobacco education, cessation services, policy development, policy advocacy, monitoring, evaluation, resource distribution, program planning or monitoring.
SECTION 31. DHS 199.05 (2) (a) and (b), (3) (a) 3. and (b) 1. and 3., (5) (a) 1. and 2. (intro) and (b) (intro.), (6) (a) 1. to 3., and (b) 1. to 3. are amended to read:
DHS 199.05 (2) (a) The board department shall solicit applications for initial grants by preparing one or more RFPs, publishing a legal notice of the availability of each RFP at least twice in the official state newspaper no later than 3 weeks before the application deadline, and distributing copies of an RFP on request.
DHS 199.05 (2) (b) Based upon satisfactory performance and availability of funds, the board department may solicit applications annually for continuation grants from current grantees. The board’s department’s solicitations shall be published as a legal notice at least twice in the official state newspaper no later than 3 weeks before the application deadline. The board department shall provide details of the continuation grant to interested parties upon request.
DHS 199.05 (3) (a) 3. The application shall be submitted to the board department in accordance with the deadline and processes indicated in the RFP.
DHS 199.05 (3) (b) 1. The board department may solicit applications for continuation grants from currently-funded projects in a form determined by the board department to be appropriate for the projects.
DHS 199.05 (3) (b) 3. The application shall be submitted to the board department in accordance with the deadline, required format and content specifications indicated in the continuation solicitation.
DHS 199.05 (5) (a) 1. ‘Preliminary review.’ All initial grant applications shall include all of the application contents specified in sub. (4) and, if applicable, the RFP. The board department or its designated evaluation committee shall review each application for compliance with the format and content specifications of sub. (4) and the RFP. Applications that fail to meet all of the criteria may not be approved by the board department. Rejection of an application for failure to meet form and content specifications is not subject to appeal to the board department.
DHS 199.05 (5) (a) 2. ‘Evaluation criteria.’ The board department or its designated evaluation committee shall evaluate initial grant applications that receive a favorable preliminary review as specified in subd. 1. against criteria specified in sub. (4) and the RFP. The criteria shall include all of the following:
DHS 199.05 (5) (b) Criteria for evaluating continuation applications. The board department or its designated evaluation committee shall evaluate continuation grant applications against all of the following criteria:
DHS 199.05 (6) (a) 1. The board 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. Using the evaluation criteria specified in subs. (4) and (5), the board 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. The board department shall numerically rank each application for each RFP and for continuation grants.
DHS 199.05 (6) (b) Ranking applications for continuation grants.
1. Using evaluation criteria specified in sub. (5) (b), the board department or its designated evaluation committee shall conduct a non−competitive evaluation of each application.
2. The board department shall assign a numerical score to each continuation grant application.
3. The board 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.
SECTION 32. DHS 199.06 (1) (a) (intro.) and 1. to 3., (b), and (c), (2) to (4), and (5) (a) to (c), are amended to read:
DHS 199.06 (1) (a) Initial grants. For a given RFP, the board 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. The board 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. The board 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. The board 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) Continuation grants. The board 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) Intergovernmental procurements. In accordance with s. 16.75 (6) (b), Stats., the board 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) Notification. The board 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) 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 board department an adverse decision of the board department. The appeal shall be in writing and shall fully identify all contested issues. The appeal shall be filed with the board department within 10 working days of the date on which the notice of awards is postmarked. DHS 199.06 (4) Contract. The board department shall make all grant awards through a contract between the board department and each applicant selected to receive a grant.
DHS 199.06 (5) (a) The board 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) 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 board’s department’s release of an RFP or continuation grant materials shall be accommodated by the board 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) 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 board department or grantee shall be reallocated by the board department at its discretion but within the limits of the intent of the appropriation and this chapter.
SECTION 33. DHS and 199.07 (1) (intro.), (2), and (3) (b) to (d) are amended to read:
DHS 199.07 (1) Prohibited use of funds. The following activities are prohibited under any grant awarded by the tobacco control board department:
DHS 199.07 (2) Violation of prohibited activities. If a grantee conducts prohibited activities under sub. (1), the board 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) (b) A grantee may not use grant funds to purchase capital equipment without the prior written approval of the board 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) Grant recipients shall annually furnish the board 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) Grant recipients shall maintain records for 3 years and provide information to the board department as required by the board department for purposes of program and fiscal audits and, at the request of the board department, shall appear before the board department to respond to any questions about the project and use of the grant monies.
SECTION 34. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro), Stats.
