Title 7 . Health and Social Services

Chapter 78 . Electronic and Other Records Containing Behavioral Health Information

Section 95. Alternate methods for solicitation and review of grant proposals

7 AAC 78.095. Alternate methods for solicitation and review of grant proposals

(a) The commissioner will waive the requirements of 7 AAC 78.050 if, based on grant program goals and desired outcomes and on supporting facts submitted by the department, the commissioner finds that

(1) the only potential applicants for a particular grant are political subdivisions of the state or other state agencies;

(2) only a single potential grantee or limited number of potential grantees have the knowledge, capability, or expertise necessary to accomplish the goals of the grant project;

(3) only a single potential grantee or limited number of potential grantees can meet the goals of the grant project more satisfactorily than any other potential grantee; or

(4) an imminent threat exists to public health, welfare, or safety, and an emergency grant award can be made by reasonable means; any finding under this paragraph will be based on a written determination by the department that sets out the facts justifying the emergency.

(b) Repealed 6/24/2004.

(c) Subject to (d) of this section, in lieu of requesting a finding by the commissioner under (a)(2) or (3) of this section, the department may issue a request for letters of interest to determine the interest of potential grantees. If, based on the responses to a request for letters of interest, the department determines that there is only a single potential grantee or that only a limited number of potential grantees have the necessary knowledge, capability, or expertise, the department may evaluate those responses under (f) of this section.

(d) If, based on the responses to a request for letters of interest issued under (c) of this section, the department determines that the number of qualified grantees is sufficient to provide competition for a proposed grant, the department will

(1) issue a request for proposals under the provisions of 7 AAC 78.050 in those service delivery areas where competition for the proposed grant exists; or

(2) request the commissioner to proceed to a final grant award under 7 AAC 78.093 based on the responses to the request for letters of interest; if the commissioner denies the department's request under this paragraph, the department will proceed under (1) of this subsection.

(e) A request for letters of interest issued under (c) of this section must include the following:

(1) a description of the specific services being sought;

(2) a description of the population to be served by the grant;

(3) the geographic area in which the services are to be provided;

(4) the deadline for submission of a letter of interest;

(5) any technical requirements specific to the grant program; and

(6) the duration of the grant.

(f) For grant proposals received in response to a request for letters of interest or other solicitation method under this section, the department will solicit from an applicant documents and other information that the department considers necessary to determine an award, including the level of financing, potential modifications, and special compliance conditions. The department will review the documents and other information submitted and make recommendations to the commissioner for approval or disapproval under 7 AAC 78.093. The department's recommendations will take into account the review criteria set out in 7 AAC 78.100 and whether an award would be in the best interests of the state.

History: Eff. 6/23/85, Register 94; am 1/14/2000, Register 153; am 7/21/2002, Register 163; am 6/24/2004, Register 170

Authority: AS 18.05.040

AS 18.08.010

AS 18.08.080

AS 18.25.100

AS 18.28.010

AS 18.28.050

AS 29.60.600

AS 44.29.020

AS 47.05.010

AS 47.20.075

AS 47.20.110

AS 47.27.005

AS 47.27.050

AS 47.30.477

AS 47.30.530

AS 47.37.030

AS 47.37.045

AS 47.40.041

AS 47.40.120

AS 47.80.130