TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING
CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.30 DEFINITIONS
Section 7000.30 Definitions
The following definitions shall apply to this Part. Unless
otherwise noted, statutory text is from [30 ILCS 708/15].
"Acquisition Cost" means
the cost of the asset, including the cost to ready the asset for its intended
use. Acquisition cost for equipment, for example, means the net invoice price
of the equipment, including the cost of any modifications, attachments,
accessories, or auxiliary apparatus necessary to make it usable for the purpose
for which it is acquired. Acquisition costs for software includes those
development costs capitalized in accordance with generally accepted accounting
principles (GAAP). Ancillary charges, such as taxes, duties, protective
in-transit insurance, freight, and installation may be included in or excluded
from the acquisition cost in accordance with the awardee's regular accounting
practices.
"Act" or
"GATA" means the Grant Accountability and Transparency Act [30 ILCS
708].
"Administrative Rules"
means the administrative rules codified in the Illinois Administrative Code.
"Advance Payment" means
a payment that a State awarding agency or federal awarding agency makes by any
appropriate payment mechanism, including a predetermined payment schedule,
before the awardee disburses the funds for program purposes.
"Allocation" means the
process of assigning a cost, or a group of costs, to one or more cost
objectives, in reasonable proportion to the benefit provided or other equitable
relationship. The process may entail assigning a cost directly to a final cost
objective or through one or more intermediate cost objectives.
"Allowable Cost"
means a cost allowable to a project (i.e., that can be paid for using award
funds). Costs will be considered to be allowable if they:
are reasonable and necessary
for the performance of the award;
are allocable to the specific
project;
are treated consistently in like
circumstances to federally-financed, State-financed, and other
activities of the awardee;
conform to any limitations of
the cost principles or the sponsored agreement;
are accorded consistent
treatment (a cost may not be assigned to a State or federal award as a
direct cost if any other cost incurred for the same purpose in like
circumstances has been allocated to the award as an indirect cost);
are determined to be in
accordance with generally accepted accounting principles;
are not included as a cost or
used to meet federal cost-sharing or matching requirements of any other program
in either the current or prior period;
are not used to meet the match
requirements of another State or federal grant; and
are adequately documented.
"Assistance Listings"
(formerly "Catalog of Federal Domestic Assistance" or
"CFDA") means the publicly available listing of federal assistance
programs managed and administered by the U.S. General Services Administration.
"Assistance Listing
Number" (formerly "CFDA Number") means a unique number assigned
to identify a federal Assistance Listing.
"Assistance Listing Program Title"
(formerly "CFDA Program Title") means the title of the program that
corresponds to the federal assistance listings number.
"Audit Finding" means
deficiencies the auditor is required, by UR section 200.516(a), to report in
the schedule of findings and questioned costs.
"Auditee" means any
awardee that expends State, federal, or federal pass-through awards
that must be audited as provided in UR Subpart F (Audit Requirements).
"Auditor" means an
auditor who is an Illinois licensed public accountant or a federal, State,
or local government audit organization that meets the general standards
specified for external auditors in generally accepted government
auditing standards (GAGAS). "Auditor" does not include
internal auditors of nonprofit organizations.
"Auditor General"
means the Auditor General of the State of Illinois.
"Award" or
"Grant" means financial assistance that provides support or
stimulation to accomplish a public purpose. "Awards" include grants
and other agreements in the form of money, or property in lieu of money, by the
State agency or federal government to an eligible recipient. "Award"
does not include: technical assistance that provides services instead of money;
other assistance in the form of loans, loan guarantees, interest subsidies or
insurance; direct payments of any kind to individuals; or contracts that must
be entered into and administered under State or federal procurement laws and
regulations.
"Awardee" means a State,
local government, institution of higher education, or organization, whether
nonprofit or for-profit, that receives State, federal or federal pass-through financial
assistance from a State or federal agency. In this Part, "awardee",
"grantee", and "non-federal entity" are used
interchangeably.
"Billing Rate" means a
temporary indirect cost rate applicable to a specified period that is used for
funding, interim reimbursement, and reporting indirect costs on federal or
federal pass-through awards pending the establishment of a final rate for the
period. (See also the definition of provisional rate.)
"Budget" means the
financial plan for the award that the State awarding agency approves
during the award process or in subsequent amendments to the award. It may
include the awardee's matching funds or other in-kind contributions.
"Budget Period" means
the time interval from the start date of a funded portion of an award to the
end date of that funded portion during which recipients are authorized to
expend the funds awarded, including any funds carried forward or other
revisions pursuant to UR Section 200.308.
"Call to Action" means a
communication that includes any one or more of the following:
The communication states that the
recipient should contact a member or employee of a legislative body, or any
other government official or employee who may participate in the formulation of
legislation, when the principal purpose of the contact is lobbying.
The communication states the
address, telephone number, or similar information of a legislator or an
employee of a legislative body.
The communication provides a
petition, a tear-off postcard, or similar material for the recipient to
communicate with any such individual.
The communication specifically
identifies one or more legislators who will vote on the legislation, indicating
that the legislator will:
oppose the organization's view
with respect to the legislation;
be undecided with respect to the
legislation;
be the recipient's representative
in the legislature; or
be a member of the legislative
committee or subcommittee that will consider the legislation.
Naming the main sponsors of the
legislation for purposes of identifying the legislation does not independently
constitute a call to action.
"Capital Assets" means
tangible or intangible assets used in operations having a useful life of more
than one year that are capitalized in accordance with GAAP. Capital assets
include:
Land, buildings (facilities), equipment
and intellectual property (including software); and whether acquired by
purchase, construction, manufacture, lease-purchase or exchange, or through
capital leases; and
Additions, improvements,
modifications, replacements, rearrangements, reinstallations, renovations or
alterations to capital assets that materially increase their value or useful
life (not ordinary repairs and maintenance).
For purposes of this Part, capital
assets do not include intangible right-to-use assets (per GASB) and right-to-use
operating lease assets (per FASB) (for example, assets capitalized that
recognize a lessee’s right to control the use of property or equipment for a
period of time under a lease contract).
"Capital Expenditures"
means expenditures to acquire capital assets or expenditures to make additions,
improvements, modifications, replacements, rearrangements, reinstallations,
renovations or alterations to capital assets that materially increase their
value or useful life.
"CAS" means the Cost
Accounting Standards established by the Federal Cost Accounting Standards
Board.
"Catalog of State
Financial Assistance" or "CSFA" means the single, authoritative,
statewide, comprehensive source document of State financial assistance program
information maintained by the Governor's Office of Management and Budget (available
at http://grants.illinois.gov).
"Catalog of State
Financial Assistance Number" or "CSFA Number" means the number
assigned to a State program in the CSFA. The first 3 digits represent the State
agency number and the last 4 digits represent the program.
"Central Service Cost Allocation
Plan" means the documentation identifying, accumulating and allocating or
developing billing rates based on the allowable costs of services provided by
the State or local government on a centralized basis to its departments and
agencies. The costs of these services may be allocated or billed to users.
"CFO Council" means the federal
Chief Financial Officer Council (see https://www.cfo.gov/about-the-council/).
"Chief Accountability
Officer" or "CAO" means the individual appointed by the State
awarding agency to serve as its liaison to GATU. The CAO is responsible for
the State agency's implementation of and compliance with grant management
rules. All State awarding agencies are required to appoint a CAO in accordance
with Section 50(b) of the Act.
"Claim" means, depending
on the context, either:
A written demand or written
assertion by one of the parties to a State award or federal or federal
pass-through award seeking, as a matter of right:
The payment of money in a sum
certain;
The adjustment or interpretation
of the terms and conditions of the award/grant; or
Other relief arising under or
relating to a State, federal or federal pass-through award/grant; or
A request for payment that is not
in dispute when submitted.
"Class (of Awards)"
means a group of State-issued awards either awarded under a specific program or
group of programs or to a specific type of awardee or group of awardees to
which specific provisions or exceptions may apply.
"Closeout" means the
process by which the State awarding agency determines that all applicable
administrative actions and all required work of the federal award or State-issued
award have been completed and takes the actions described in UR section 200.344
or Section 7000.440 of this Part.
"Cluster of Programs"
means a grouping of closely related programs that share common compliance
requirements. The types of clusters of programs are research and development,
student financial aid, and other clusters. A "cluster of programs"
shall be considered as one program for determining major programs and, with the
exception of research and development, whether a program-specific audit may be
elected.
"CMIA" means the federal
Cash Management Improvement Act (31 U.S.C. 6501 note) and the Department of the
Treasury's Rules and Procedures for Efficient Federal-State Funds Transfers (31
CFR 205).
"CMS" means the Illinois
Department of Central Management Services.
"Compliance Supplement"
means UR appendix XI.
"Comprehensive Annual
Financial Report" or "CAFR" means the financial report of a
governmental entity. The report contains basic financial statements, notes to
the basic financial statements, and required supplementary information (RSI),
plus voluntarily provided supplementary information (SI) such as an introductory
section, supporting schedules with more detailed financial information than is
found in the financial statements, and a statistical section.
"Computing Devices"
means machines used to acquire, store, analyze, process and publish data and
other information electronically, including accessories (or peripherals) for
printing, transmitting and receiving, or storing electronic information. (See
also the definitions of "Information technology systems" and
"Supplies".)
"Conflict of Interest"
means a situation that arises when a person in a position of authority over an
organization, such as an officer, director or manager, may benefit financially
from a decision made in that capacity, including indirect benefits such as to
family members or businesses with which the person is closely associated.
"Conflict of Interest Policy"
means a policy that defines conflict of interest, identifies the classes of
individuals within an organization covered by the policy, facilitates
disclosure of information that may help identify conflicts of interest, and
specifies procedures to be followed in managing conflicts of interest.
"Contract" means a
legal instrument by which an awardee purchases property or services
needed to carry out the project or program under an award/grant.
"Contract" does not include a legal instrument, even if the awardee
considers it a contract, when the substance of the transaction meets the
definition of an award or subaward.
"Contractor" means
a person or entity that receives a contract funded through grant funds
awarded by a State awarding agency or institution of higher education.
"Cooperative Agreement"
means a legal instrument of financial assistance between a State awarding agency,
federal awarding agency or pass-through entity and an awardee consistent
with 31 U.S.C. 6302 through 6305 that:
is used to enter into a
relationship with the principal purpose of transferring anything of value from
the State awarding agency or pass-through entity to the
awardee to carry out a public purpose authorized by law, but is not used to
acquire property or services for the State awarding agency's or pass-through
entity's direct benefit or use; and
is distinguished from a grant
in that it provides for substantial involvement between the State awarding
agency or pass-through entity and the awardee in carrying out the
activity contemplated by the award.
"Cooperative Audit Resolution"
means the use of audit follow-up techniques that promote prompt corrective
action by improving communication, fostering collaboration, promoting trust,
and developing an understanding between the State or federal agency and the awardee.
This approach is based upon:
a strong commitment, by State,
federal and federal pass-through entity and awardee leadership, to program
integrity;
State, federal and federal pass-through
entities strengthening partnerships and working cooperatively with awardees and
their auditors, and awardees and their auditors working cooperatively with
State, federal and pass-through entities;
a focus on current conditions and
corrective action going forward;
State, federal and federal pass-through
entities offering appropriate relief for past noncompliance when audits show
prompt corrective action has occurred; and
State, federal and federal
pass-through agency leadership sending a clear message that continued failure
to correct conditions identified by audits that are likely to cause improper
payments, fraud, waste or abuse is unacceptable and will result in sanctions.
"Corrective Action"
means action taken by the auditee that:
corrects identified deficiencies;
produces recommended improvements;
or
demonstrates that audit findings
are either invalid or do not warrant auditee action.
"COSO" means the
Committee of Sponsoring Organizations of the Treadway Commission, a joint
initiative of the Institute of Management Accountants (IMA), the American
Accounting Association (AAA), the American Institute of Certified Public
Accountants (AICPA), the Institute of Internal Auditors (IIA) and Financial
Executives International (FEI). COSO has established an internal control model
that companies and organizations use to assess their control systems.
"Cost Allocation Plan"
means a central service cost allocation plan or public assistance cost
allocation plan.
"Cost Objective"
means a program, function, activity, award, organizational subdivision,
contract or work unit for which cost data is desired and for which provision is
made to accumulate and measure the cost of processes, products, jobs and
capital projects. A "cost objective" may be a major function of the
awardee, a particular service or project, an award, or an indirect cost
activity.
"Cost Sharing" means
the portion of project costs, including third-party in-kind contributions,
not paid by State, federal or federal pass-through funds, unless otherwise
authorized by statute. (See also the definition of matching.)
"Data Universal
Numbering System Number" or "DUNS number" means a unique
nine-digit identification number provided by Dun & Bradstreet for each
physical location of the grantee's organization.
"Development" is the
systematic use of knowledge and understanding gained from research directed
toward the production of useful materials, devices, systems or methods,
including design and development of prototypes and processes.
"Direct Costs" means
costs that can be identified specifically with a particular final cost
objective, such as a State, federal or federal pass-through award or a
particular sponsored project, an instructional activity, or any other
institutional activity, or that can be directly assigned to such activities
relatively easily with a high degree of accuracy.
"Direct Lobbying" means
any attempt to influence legislation or executive action through communications
with:
any member or staff of a
legislative or executive body;
any governmental official or
employee (other than a member or employee of a legislative or executive body)
who may participate in formulating legislation, but only if the principal
purpose of the communication is to influence legislation or executive action;
or
the general public.
The communications must refer to
specific legislation or executive action and must reflect a view on the legislation
or executive action. (See 26 CFR 56.4911-2(b).)
"Disallowed Costs" means
charges to a State, federal or federal pass-through award determined by the State
awarding agency or the federal awarding agency to be unallowable, in accordance
with the applicable State or federal statutes or regulations, or the terms and
conditions of the State, federal or federal pass-through award.
"Discretionary Grant"
means an award for which the State or federal agency or pass-through entity may
exercise judgment (discretion) in determining the recipient and the amount of
the award and may be issued under a competitive application process.
"Eligible Applicant"
means any organization that meets the eligibility requirements listed in the
Notice of Funding Opportunity.
"Equipment" means
tangible personal property (including information technology systems) having a
useful life of more than one year and a per-unit acquisition cost that equals
or exceeds the lesser of the capitalization level established by the awardee
for financial statement purposes or $10,000.
"Exception" means a
statute- or regulation-driven deviation from the grant requirements specified
in the UR. The State awarding agency's requirements may be more restrictive
but cannot be less restrictive than the UR. Exceptions are program-specific
and authorized on a case-by-case basis in accordance with Section 7000.60.
"Executive" means, with
respect to an organization, the officers, managing partners, or any other
employees in management positions. "Executive" means, with respect to
the federal government, the executive branch.
"Executive Branch"
means that branch of State or federal government that is under the
jurisdiction of the Governor or the President, respectively.
"Expenditures" means
charges made by an awardee to a project or program for which a State, federal
or federal pass-through award was received.
The charges may be reported on a
cash or accrual basis, as long as the methodology is disclosed and is
consistently applied.
For reports prepared on a cash
basis, expenditures are the sum of:
Cash disbursements for direct
charges for property and services;
The amount of indirect expense
charged;
The value of third-party in-kind
contributions applied; and
The amount of cash advance
payments and payments made to awardees.
For reports prepared on an accrual
basis, expenditures are the sum of:
Cash disbursements for direct
charges for property and services;
The amount of indirect expense
incurred;
The value of third-party in-kind
contributions applied; and
The net increase or decrease in
the amounts owed by the awardee for:
Goods and other property received;
Services performed by employees,
contractors, subrecipients and other payees; and
Programs for which no current
services or performance are required, such as annuities, insurance claims or
other benefit payments.
"FAIN" means the unique
federal award identification number assigned to each federal award issued to a
particular awardee.
"FAR" means the Federal
Acquisition Regulation (48 CFR 1).
"F&A Costs" means
facilities and administrative costs (see also the definition of indirect
costs).
"Federal Agency" means an
"agency" as defined at 5 U.S.C. 551(1) and further clarified by 5
U.S.C. 552(f).
"Federal Award"
means:
the federal financial assistance
that an awardee receives directly from a federal awarding agency or
indirectly from a pass-through entity;
the cost-reimbursement contract
under the Federal Acquisition Regulations that an awardee receives
directly from a federal awarding agency or indirectly from a pass-through
entity; or
the instrument setting forth
the terms and conditions when the instrument is the Grant Agreement, Cooperative
Agreement, other agreement for assistance, or cost-reimbursement contract
awarded under FAR.
"Federal Award" does
not include other contracts that a federal agency uses to buy goods or services
from a contractor or a contract to operate federal government owned,
contractor-operated facilities. (See also definitions of financial
assistance, Grant Agreement and Cooperative Agreement.)
"Federal Awarding Agency"
means the federal agency that provides a federal award directly to an awardee.
"Federal Award Date"
means the date the federal award is signed by the authorized official of the
federal awarding agency.
"Federal Excluded Parties
List" or "SAM Exclusions" means the parties listed on the
governmentwide exclusions in the System for Award Management
(https://www.sam.gov), as described in UR appendix II, paragraph (H).
"Federal Financial
Assistance" means financial assistance, as defined in this Section,
offered to an awardee by a federal agency.
"Federal Fiscal Year"
means the period beginning on October 1 and ending on September 30.
"Federal Interest"
means, when used in connection with the acquisition or improvement of real
property, equipment or supplies under a federal or federal pass-through award,
the dollar amount that is the product of the federal share of total project
costs and current fair market value of the property, improvements, or both to
the extent the costs of acquiring or improving the property were included as
project costs.
"Federal Program" means
all federal awards that are assigned a single number in the publicly
available listing for federal assistance programs managed and administered by
the General Services Administration, formerly known as the Catalog of Federal
Domestic Assistance (CFDA). When no Assistance Listing number is
assigned, all federal awards made for the same purpose from the same agency to
awardees should be combined and considered one program. "Federal
program" can also mean a cluster of programs, as defined in this
Section.
"Federal Share" means
the portion of the total project costs that are paid by federal funds.
"Fee-for-Service" means
payments for Medicaid services that are made on the basis of a rate, unit cost
or allowable cost incurred and are based on a statement or bill as required by
the administering State or federal agency.
"FFATA" means the
Federal Funding Accountability and Transparency Act.
"Final Cost Objective"
means a cost objective that has allocated to it both direct and indirect costs
and, in the awardee's accumulation system, is one of the final
accumulation points, such as a particular award, internal project or other
direct activity of an awardee.
"Final Rate" means an
indirect cost rate applicable to a specified past period that is based on the
actual costs of the period. A final rate is not subject to adjustment.
"Financial Assistance"
means the following:
For grants and Cooperative Agreements,
"Financial Assistance" means assistance that non-federal entities
receive or administer in the form of:
grants;
Cooperative Agreements;
non-cash contributions or
donations of property, including donated surplus property;
direct appropriations;
food commodities; and
other financial assistance,
except assistance non-federal entities receive or administer in the form of
loans, loan guarantees, interest subsidies, and insurance.
For purposes of UR subpart F, "Financial
Assistance" also includes federal assistance that non-federal
entities receive or administer in the form of loans, loan guarantees, interest
subsidies and insurance.
"Financial Assistance"
does not include amounts received as reimbursement for services rendered to
individuals.
"Fixed Amount Award"
means a type of Grant Agreement under which the federal or State awarding
agency or pass-through entity provides a specific level of support without
regard to actual costs incurred under the award. "Fixed Amount Awards"
reduce some of the administrative burden and recordkeeping requirements for
both the awardee and the State awarding agency or pass-through
entity. Accountability is based primarily on performance and results.
"Fixed Rate" means an
indirect cost rate that has the same characteristics as a predetermined rate,
except that the difference between the estimated costs and the actual costs of
the period covered by the rate is carried forward as an adjustment to the rate
computation of a subsequent period. (See UR appendix VII, subsection B.)
"Fixed-Rate Grant" means
a type of Grant Agreement for non-Medicaid services in which reimbursement is
made on the basis of a rate, unit cost or allowable cost incurred and is
supported by a bill or statement.
"FOIA" means the
Illinois Freedom of Information Act or the federal Freedom of Information Act,
as applicable.
"Foreign Organization"
means an entity that is:
a public or private
organization, located in a country other than the United States and its
territories, that is subject to the laws of the country in which it is located,
irrespective of the citizenship of project staff or place of performance;
a private nongovernmental
organization, located in a country other than the United States, that solicits
and receives cash contributions from the general public;
a charitable organization,
located in a country other than the United States, that is nonprofit and tax
exempt under the laws of its country of domicile and operation, but is not a
university, college, accredited degree‑granting institution of education,
private foundation, hospital, organization engaged exclusively in research or
scientific activities, church, synagogue, mosque, or other similar entity
organized primarily for religious purposes; or
an organization, located in a
country other than the United States, not recognized as a foreign public
entity.
"Foreign Public Entity"
means:
a foreign government or foreign
governmental entity;
a public international
organization that is entitled to enjoy privileges, exemptions, and immunities
as an international organization under the International Organizations
Immunities Act;
an entity owned, in whole or in
part, or controlled by a foreign government; or
any other entity consisting
wholly or partially of one or more foreign governments or foreign governmental
entities.
"Formula-Based Grant"
means a grant or award that is determined by a formula established in federal
or State statute or rule.
"FR" means the Federal
Register (http://www.federalregister.gov).
"GASB" means the
Governmental Accounting Standards Board.
"GATA" means the Grant
Accountability and Transparency Act [30 ILCS 708].
"GATA Fund" means the
revolving fund administered by GOMB to allocate expenses to State agencies for
costs incurred to comply with the UR and GATA and Budgeting for Results (BFR).
The GATA Fund allocation to State agencies is based on a proportionate share of
GATU expenses incurred, as determined by the CSFA program and award/grant data
and the proportionate share of BFR expenses incurred, as determined by the
Illinois Performance Reporting System (IPRS). The GATA Fund is established
pursuant to Section 55(b) of the Act.
"GATU" means the Grant
Accountability and Transparency Unit within the Illinois Governor's Office of
Management and Budget.
"General Purpose Equipment"
means equipment that is not limited to research, medical, scientific or other
technical activities. Examples include office equipment and furnishings,
modular offices, telephone networks, information technology equipment and
systems, air conditioning equipment, reproduction and printing equipment, and
motor vehicles. (See also the definitions of equipment and special purpose
equipment.)
"Generally Accepted
Accounting Principles" or "GAAP" means accounting standards
issued by the Government Accounting Standards Board and the Financial
Accounting Standards Board.
"Generally Accepted Auditing
Standards" or "GAAS" means the accounting standards issued by
the Public Company Accounting Oversight Board.
"Generally Accepted
Government Auditing Standards" or "GAGAS", also known as the
Yellow Book, means generally accepted government auditing standards issued
by the Comptroller General of the United States that are applicable to
financial audits.
"GFRA" means the
Illinois Grant Funds Recovery Act.
"GOCO" means a State or
federal government-owned, contractor-operated facility.
"GOMB" means the
Illinois Governor's Office of Management and Budget.
"GMS" means the
statewide grant management system which contains the functionality of templates
as applicable and per GATU instruction.
"Grant Agreement"
means a legal instrument of financial assistance between a State awarding
agency or a federal awarding agency and an awardee that:
is used to enter into a
relationship, the principal purpose of which is to transfer anything of value
from the State awarding agency or a federal awarding agency to
the awardee to carry out a public purpose authorized by law and not to
acquire property or services for the State or federal awarding agency's
direct benefit or use; and
is distinguished from a Cooperative
Agreement in that it does not provide for substantial involvement between the State
awarding agency or the federal awarding agency and the awardee in
carrying out the activity contemplated by the award.
"Grant Agreement"
does not include an agreement that provides only direct cash assistance to an
individual, a subsidy, a loan, a loan guarantee or insurance.
"Grant Application"
means a specified form that is completed by a potential grantee in
connection with a request for a specific funding opportunity or a request for
financial support of a project or activity.
"Grantee" means a State,
local government, institution of higher education, or organization, whether
nonprofit or for-profit, that receives State, federal or federal pass-through financial
assistance from a State or federal agency. In this Part, "awardee", "grantee",
and "non-federal entity" are used interchangeably.
"Grantee Compliance
Enforcement System" or "GCES" means the statewide, uniform
framework for State awarding agencies to manage occurrences of non-compliance
with grant requirements by using the Illinois Stop Payment List. The GCES is
available in the Resource Library at www.grants.illinois.gov.
"Grantee Portal" means the
internet-based platform used by the State to conduct registration,
pre-qualification and fiscal and administrative risk assessments of entities
that seek to receive an award from a State awarding agency. Awardees use the
Grantee Portal to monitor and maintain qualified status. The Grantee Portal is
accessed at https://grants.illinois.gov/portal/.
"HFS Suspended List" or
"Illinois Medicaid Sanctions List" means the list, maintained by the Illinois
Department of Healthcare and Family Services, of persons and entities who are
debarred, suspended or otherwise excluded from the receipt of federally
financed Medicaid. The list may be viewed on the HFS website at http://www.state.il.us/agency/oig/sanctionlist.asp.
"Hospital" means a
facility licensed as a hospital under the law of any state or a facility
operated as a hospital by the United States, a state, or a subdivision of a
state.
"Illinois Stop Payment
List" or the "Illinois Debarred and Suspended List" means
the list maintained by the Governor's Office of Management and Budget that
contains the names of those individuals and entities that are ineligible,
either temporarily or permanently, to receive grant funds, regardless of
source, from a State awarding agency. The Illinois Stop Payment List is
internally available to authorized State of Illinois personnel. It is a
centralized repository for cross-agency information sharing to improve the grantee
risk assessment process and enhance fiscal management transparency. The
Illinois Stop Payment List is a component of the GCES.
"Improper Payment" means
any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements. "Improper
payment" includes any payment to an ineligible party, any payment for an
ineligible good or service, any duplicate payment, any payment for a good or
service not received (except when these payments are authorized by federal
statute), any payment that does not account for credit for applicable
discounts, and any payment in which insufficient or lack of documentation
prevents a reviewer from discerning whether a payment was proper.
"In Relation to Opinion"
means required auditing standards for Supplementary Information in Relation to
the Financial Statements as a Whole. Statements on Auditing Standards set forth
the auditor's responsibilities when the auditor of financial statements is
engaged to perform audit procedures and report on whether the supplemental
information accompanying the financial statement is fairly stated, in all
material respects, in relation to the financial statements as a whole. For a
copy of the Statements of Auditing Standards, see Clarified Statements on
Auditing Standards at www.aicpa.org.
"Indirect (Facilities
& Administrative (F&A)) Costs" or "Indirect Facilities
and Administrative Costs" means those costs incurred for a common or
joint purpose benefitting more than one cost objective, and not readily
assignable to the cost objectives specifically benefitted without effort
disproportionate to the results achieved. To facilitate equitable
distribution of indirect expenses to the cost objectives served, it may be
necessary to establish a number of pools of indirect costs. Indirect cost pools
must be distributed to benefitted cost objectives on bases that will produce an
equitable result in consideration of relative benefits derived. (See also the
definition of F&A costs.)
"Indirect Cost Rate
Negotiator" means the vendor contracted with the Governor's Office of
Management and Budget to review indirect cost rate proposals and collaborate
with State agency subject matter experts and the Grant Accountability and
Transparency Unit to establish awardee indirect cost rates and elections.
"Indirect Cost Rate Proposal"
means the documentation prepared by an awardee to substantiate its request for
the establishment of an indirect cost rate for the reimbursement of indirect
costs. This proposal provides the basis for the review and negotiation leading
to the establishment of an organization's indirect cost rate.
"Indirect Cost Rate
System" means the internet-based, centralized, statewide framework for
awardees to negotiate an indirect cost rate or make an indirect cost rate
election.
"Information Technology Systems"
means computing devices, ancillary equipment, software, firmware, and similar
procedures, services (including support services), and related resources.
"Inspector General"
means the Office of Executive Inspector General for Agencies of the Illinois
Governor.
"Institution of Higher
Education" means an educational institution of the State that:
admits as regular students only
persons who have a certificate of graduation from a school providing secondary
education, or the recognized equivalent;
is legally authorized within the
State to provide a program of education beyond secondary education;
provides an education program for
which the institution awards a bachelor's degree or provides not less than a
2-year program that is acceptable for full credit toward such a degree, or
awards a degree acceptable for admission to a graduate or professional degree
program;
is a public or
other nonprofit institution; and
is accredited by a nationally
recognized accrediting agency or associate, or is an institution that has been
granted pre-accreditation status by such an agency or association. (See 20 U.S.C.
1001.)
"Intangible Property"
means property having no physical existence, such as trademarks, copyrights,
patents and patent applications and property, such as loans, notes and other
debt instruments, lease agreements, stock and other instruments of property
ownership (whether the property is tangible or intangible).
"Intermediate Cost Objective"
means a cost objective that is used to accumulate indirect costs or service
center costs that are subsequently allocated to one or more indirect cost pools
or final cost objectives. (Also see the definitions of cost objective and final
cost objective.)
"Internal Controls for Non-Federal
Entities" means a process, implemented by an awardee, designed to provide
reasonable assurance regarding the achievement of objectives in the following
categories:
Effectiveness and efficiency of
operations;
Reliability of reporting for
internal and external use; and
Compliance with applicable laws
and regulations.
"Internal Control
Questionnaire" or "ICQ" means the financial and administrative
risk assessment tool centrally used to assess an organization's fiscal and administrative
risk profile. The automated ICQ is available through the Grantee Portal.
"IRC" means the Internal
Revenue Code.
"Legislation" means
action by Congress, any state legislature, any local council, or similar
legislative body, or by the public in a referendum, ballot initiative,
constitutional amendment, or similar procedure. "Legislation"
includes a proposed treaty required to be submitted by the President to the
U.S. Senate for its advice and consent from the time the President's
representative begins to negotiate its position with the prospective parties to
the proposed treaty. (See 26 CFR 56.4911-2(d)(1)(i).)
"Lobbying" means communication
that is intended to influence legislation or executive action. (See the
definitions of legislation, specific legislation, direct lobbying and
grassroots lobbying and 26 CFR 56.4911-2)
"Local Government"
means any entity defined as a unit of local government by Article VII, Section
1 of the Illinois Constitution and includes school districts.
"Maintenance of Effort"
means a requirement contained in a program's authorizing legislation or program
regulations stating that, to receive federal grant funds, a recipient must
agree to maintain a specified level of financial effort for the grant from its
own resources and other non-federal sources.
"Major Program" means
a State or federal program determined by the auditor to be a major
program in accordance with UR section 200.518 or a program identified as
a major program by a State awarding agency in accordance with UR section
200.503.
"Management Decision"
means the evaluation by the State awarding agency or the federal awarding
agency of the audit findings and corrective action plan and the issuance of a
written decision to the auditee as to what corrective action is necessary.
"Mandatory Formula-Based Grant"
or "Mandatory Grant" means noncompetitive grant funding that is
allocated to recipients based upon a set of pre-existing criteria, such as
population or other census criteria; all applicants who meet the minimum
requirements of the application process are entitled to receive money.
"Matching" means third-party
in-kind contributions and the portion of project costs not paid by federal
funds, unless otherwise authorized by statute. (See the definition of cost
sharing.)
"Merit Review Policy"
means the federally required application review process mandated for all discretionary
State and federal pass-through awards (UR section 200.205).
"Micro-Purchase" means a
purchase of supplies or services using simplified acquisition procedures (see
Section 7000.30), the aggregate amount of which does not exceed the
micro-purchase threshold. Micro-purchase procedures comprise a subset of an
awardee's small purchase procedures. The awardee uses these procedures to
expedite the completion of its lowest-dollar small purchase transactions and
minimize the associated administrative burden and cost. The micro-purchase
threshold for federally-funded grants is set under FAR in 48 CFR 2 subpart 2.1.
It is $10,000 except as otherwise discussed in subpart 2.1, but this threshold
is periodically adjusted for inflation. The Illinois small purchase threshold
is set by the appropriate Chief Procurement Officer (CPO) under Section 20-20(c)
of the Illinois Procurement Code and published in this Title 44 by each CPO. Micro-purchase
rules apply to local government and non-profit awardees. State agencies are
subject to the Illinois Procurement Code.
"Modified Total Direct Cost"
or "MTDC" means all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and subawards up to the
first $50,000 of each subaward (regardless of the period of performance of the
subawards under the award). MTDC excludes equipment, capital expenditures,
charges for patient care, rental costs, tuition remission, scholarships and
fellowships, participant support costs, and the portion of each subaward that
exceeds $50,000. Other items may only be excluded when necessary to avoid a
serious inequity in the distribution of indirect costs, and with the approval
of the cognizant agency for indirect costs.
"Negotiated Rate" means
the indirect (F&A) cost rate negotiated with and accepted by the federal or
State awarding agency. Under the rate agreement, negotiated rates include
final, fixed and predetermined rates and exclude provisional rates.
"NDFI" means the Non-Discretionary
Funding Information generated from the CSFA.
"No-Cost
Extension" means an extension of an active award that does
not increase the total amount of the award.
"Non-Federal Entity"
means a state, local government, institution of higher education, or
organization, whether nonprofit or for-profit, that receives State, federal
or federal pass-through financial assistance from a State or federal agency. In
this Part, the term "awardee", "grantee", and "non-federal
entity" are used interchangeably.
"Nonprofit Organization"
means any corporation, trust, association, cooperative or other organization,
not including institutions of higher education, that:
is operated primarily for
scientific, educational, service, charitable or similar purposes in the public
interest;
is not organized primarily for
profit; and
uses net proceeds to maintain,
improve or expand the operations of the organization.
"NOSA" means the Notice
of State-Issued Award issued by a State awarding agency. The NOSA may be
contained in one or more system-generated notifications through the statewide
grant management system.
"Notice of Funding Opportunity"
or "NOFO" means an agency's formally issued announcement of the
availability of State, federal or federal pass-through funding through one of
its financial assistance programs. The announcement provides eligibility and
evaluation criteria, funding preferences/priorities, the submission deadline,
and information on how to obtain an application for the funding opportunity.
"Obligations", when
used in connection with an awardee's utilization of funds under an
award, means:
orders placed for property and
services;
contracts and subawards; and
similar transactions, during a
given period that require payment by the awardee during the same or future
period.
"Office of Management and
Budget" or "OMB" means the federal Office of Management
and Budget of the Executive Office of the President.
"Oversight Agency for Audit",
for federally-funded awards, means the federal awarding agency that
provides the predominant amount of funding directly to an awardee not assigned
a cognizant agency for audit. When there is no direct funding, the awarding
agency that is the predominant source of pass-through funding must assume the
oversight responsibilities. The duties of the oversight agency for audit and
the process for any reassignments are described in UR section 200.513(b).
For State-issued awards, "oversight agency for audit" is the State
Cognizant Agency.
"Participant Support Costs"
means direct costs for items such as stipends or subsistence allowances, travel
allowances, and registration fees paid to or on behalf of participants or
trainees (but not employees) in connection with conferences or training
projects.
"Pass-Through Entity"
means a non-federal entity that provides a subaward to a subrecipient to
carry out part of a program.
"Performance Goal" means
a target level of performance expressed as a tangible, measurable objective or
as a qualitative standard, value or rate. A performance goal includes a
performance indicator, a target, and a time period, and must be expressed in an
objective, quantifiable or measurable form when possible. When necessary, a State
awarding agency and an awardee shall use an alternative performance goal (such
as a set of milestones) described in a way that makes it possible to discern
whether progress is being made toward that goal.
"Period of Performance"
means the total estimated time interval between the start of an Initial State
or federal pass-through award and the planned end date, which may include one
or more funded portions or budget periods. Identification of the Period of
Performance in the award per UR 200.332 for federal pass-through awards and
Section 7000.370 of this Part does not commit the State awarding agency to fund
the award beyond the currently approved budget period.
"Personal Property"
means property other than real property. It may be tangible, having physical
existence, or intangible.
"Personally Identifiable
Information" or "PII" means information that can be used to
distinguish or trace an individual's identity, either alone or when combined
with other personal or identifying information that is linked or linkable to a
specific individual. Some information that is considered to be PII is available
in public sources such as telephone books, public websites, and university
listings. This type of information is considered to be public PII and includes,
for example, first and last name, address, work telephone number, email address,
home telephone number, and general educational credentials. The definition of
PII is not anchored to any single category of information or technology.
Rather, it requires a case‑by‑case assessment of the specific risk
that an individual can be identified. Non-PII can become PII whenever
additional information is made publicly available, in any medium and from any
source that, when combined with other available information, could be used to
identify an individual.
"Predetermined Rate"
means an indirect cost rate, applicable to a specified current or future
period, usually the organization's fiscal year. The rate is based on an
estimate of the costs to be incurred during the period. A predetermined rate is
not subject to adjustment.
"Prior Approval" or "Prior
Written Approval" means an authorization by one party, provided in writing
to another party, to proceed in a specified manner.
"Private Award" means
an award from a person or entity other than a State or federal entity or
federal pass-through entity. Private awards are not subject to GATA.
"Program Income" means
gross income received by the awardee directly generated by a supported
activity, or earned only as a result of the federal award during the period of performance,
except as provided in UR section 200.307(f) or Section 7000.120(c)(4) of this
Part, as applicable (also see the definition of period of performance). "Program
income" includes, but is not limited to, income from:
fees for services performed;
the use or rental of real or
personal property acquired under State, federal or federal pass-through entity
awards;
the sale of commodities or items
fabricated under a State, federal or federal pass-through entity award;
license fees and royalties on
patents and copyrights; and
principal and interest on loans
made with State, federal or federal pass-through entity award funds.
Interest earned on advances of
State, federal or federal pass-through entity award funds is not program
income. Except as otherwise provided in State or federal statutes, regulations,
or the terms and conditions of the federal award, program income does not
include rebates, credits, discounts or interest earned on any rebates, credits
or discounts.
"Project Cost" means
total allowable costs incurred under an award and all required cost sharing and
voluntary committed cost sharing, including third-party contributions.
"Property" means real
property or personal property.
"Protected Personally
Identifiable Information" or "Protected PII" means an
individual's first name or first initial and last name in combination with any
one or more types of information, including, but not limited to, the following:
social security number;
passport number;
credit card numbers;
security clearances;
bank numbers;
biometrics;
date and place of birth;
mother's maiden name;
criminal, medical and financial
records; and
educational transcripts.
"Protected PII" does
not include PII that is required by law to be disclosed. (See also the
definition of Personally Identifiable Information.)
"Provisional Rate" means
a temporary indirect cost rate applicable to a specified period that is used
for funding, interim reimbursement, and reporting indirect costs on State,
federal or federal pass-through entity awards pending the establishment of a
final rate for the period.
"Public Institutions of Higher
Education" means the University of Illinois: Southern Illinois University:
Chicago State University: Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public community
colleges of the State and any other public universities, colleges and community
colleges now or hereafter established or authorized by the General Assembly.
[110 ILCS 205/1]
"Questioned Cost" means
a cost that is questioned by the auditor because of an audit finding:
That resulted from a violation or
possible violation of a statute, regulation, or the terms and conditions of a
State or federal award, including for funds used to match State or federal
funds;
When the costs, at the time of the
audit, are not supported by adequate documentation; or
When the costs incurred appear
unreasonable and do not reflect the actions a prudent person would take in the
circumstances.
"Real Property" means
land, including land improvements, structures and appurtenances on the land,
but excludes moveable machinery and equipment.
"Recipient" means
an entity that receives a State or federal award directly from a State
or federal agency to carry out an activity under an award program. "Recipient"
does not include subrecipients. (See the definition of non-federal entity.)
"Research and Development "
or "R&D" means all research activities, both basic and
applied, and all development activities that are performed by awardees.
The term "research" also includes activities involving the training
of individuals in research techniques when these activities use the same
facilities as other research and development activities and when these
activities are not included in the instruction function. "Research'' is
defined as a systematic study directed toward fuller scientific knowledge or
understanding of the subject studied. "Development'' is the systematic use
of knowledge and understanding gained from research directed toward the
production of useful materials, devices, systems or methods, including design
and development of prototypes and processes.
"SAM" means the federal
System for Award Management (https://www.sam.gov). Illinois uses SAM.gov as the
federal clearinghouse for qualification verification of potential awardees.
"SAIN" means the unique
State-issued award identification number assigned to each State-issued award.
The SAIN is system-generated through the CSFA.
"Simplified Acquisition Threshold"
means the dollar amount below which an awardee may purchase property or
services using small purchase methods. Awardees adopt small purchase
procedures to expedite the purchase of items costing less than the simplified
acquisition threshold. The simplified acquisition threshold is set by 48 CFR subpart
2.1 (Definitions) and adjusted for inflation in accordance with 41 U.S.C. 1908.
The current simplified acquisition threshold for federal and federal pass-through
entity awardees is at or below $250,000. The simplified acquisition threshold applies
to local government and non-profit awardees receiving direct federal funding or
federal pass-through funding. State agencies and awardees receiving State
funding are subject to the Illinois Procurement Code. (See the definition of
micro-purchase.)
"Single Audit Act"
means the federal Single Audit Act Amendments of 1996.
"Special-Purpose Equipment"
means equipment that is used only for research, medical, scientific or other
technical activities. Examples of special-purpose equipment include
microscopes, x-ray machines, surgical instruments, and spectrometers.
"Specific Legislation"
means both legislation that has already been introduced in a legislative body
and a specific legislative proposal that an organization either supports or
opposes. In the case of a referendum, ballot initiative, constitutional
amendment, or other measure that is placed on the ballot by petitions signed by
a required number or percentage of voters, an item becomes "Specific Legislation"
when the petition is first circulated among voters for signature.
"State Agency" means
an Illinois agency under the Governor that is authorized to issue awards of
State funds or awards of federal funds as a pass-through entity. Illinois
agencies not under the Governor and not statutorily required to follow GATA but
choose to do so are also considered State agencies for purposes of this Part. For
purposes of GATA, "State Agency" does not include public institutions
of higher education.
"State Awarding Agency"
means a State agency that provides an award to a non-federal entity. "State
awarding agency" has the same meaning as "State grantmaking agency".
"State Cognizant Agency"
or "SCA" means the State awarding agency designated to carry
out the responsibilities described in UR sections 200.513
(Responsibilities), 200.205 (State awarding agency review of risk posed by
applicants), 200.207 (specific conditions for the fiscal and administrative
risk assessment) and 200.213 (suspension and debarment), and appendices III through
VII and IX to part 200, and GATA Section 25(6) (recipient/subrecipient
prequalification requirements). The State of Illinois uses these State
cognizant agencies as the State cognizant agencies for audit, indirect cost,
prequalification and fiscal and administrative risk assessment. Grantees are
informed of their SCA through the Grantee Portal. SCA assignments are also
documented for State agency personnel on the GATA implementation website.
"State Fiscal Year"
means the period beginning on July 1 and ending on June 30.
"State-Issued Award"
means:
the State financial assistance
that an awardee receives directly from a State awarding agency; or
the instrument setting forth the
terms and conditions when the instrument is the Grant Agreement, Cooperative Agreement
or other agreement for assistance.
The funding source of the State-issued
award can be federal, federal pass-through, State, or a combination of those
sources.
"State-Issued Award"
does not include the following:
contracts issued pursuant to the
Illinois Procurement Code that a State agency uses to buy goods or services
from a contractor or a contract to operate State government-owned,
contractor-operated facilities;
agreements that meet the
definition of "contract" under 2 CFR 200.1 and 2 CFR 200.331, which a
State agency uses to procure goods or services but are exempt from the Illinois
Procurement Code due to an exemption listed under 30 ILCS 500/1-10, or pursuant
to a disaster proclamation, executive order, or any other exemption permitted
by law;
amounts received for services
rendered to an individual;
Cooperative Research and
Development Agreements;
an agreement that provides only
direct cash assistance to an individual;
a subsidy;
a loan;
a loan guarantee; or
insurance.
(See also definitions of financial
assistance, Grant Agreement, and Cooperative Agreement.)
"State Interest"
means the acquisition or improvement of real property, equipment or supplies
under a State-issued award, the dollar amount that is the product of the
State share of the total project costs and current fair market value of the
property, improvements, or both, to the extent the costs of acquiring or
improving the property were included as project costs.
"State Program" means
all State-issued awards that are assigned a single number in the CSFA or
a cluster of programs.
"State Share" means the
portion of the total project costs that are paid by State funds.
"State Staff Inquiry Screen"
means the intranet-based, centralized system used internally by the State of Illinois
to manage pre- and post-award requirements of awardees.
"Stop Payment Status"
means the status of a grantee that is ineligible, either temporarily or
permanently, to receive grant funds from the State due to non-compliance with grant
requirements. (See also GCES).
"Strategic Objective"
means a goal that is usually outcome-oriented to reflect core mission and
service-related functions. Stewardship and related objectives may be
established to communicate the breadth of agency efforts. Strategic objectives
may be described in strategic plans and on performance.gov as:
Mission/Service-Focused. A type
of strategic objective that expresses more specifically the path an agency
plans to follow to achieve or make progress on a single strategic goal. Mission-focused
strategic objectives typically reflect the core functions and activities of the
agency based on statutory or leadership priorities that drive their efforts in
addressing pressing relevant national problems, needs, and challenges. For
programs that deliver direct services to customers, this may also include the
objective of providing a good experience for customers, and is therefore service-focused.
Service-focused objectives are activities that reflect the interactions between
individual citizens or businesses and State or federal agencies in providing
direct services on behalf of the State or federal government and which is core
to the mission of the agency.
Mission/Service-Focused
(Crosscutting/Other). A type of strategic objective that is not directly tied
to a single strategic goal, but may be tied to several or none. In some
circumstances, agencies perform statutory or crosscutting activities that are
not closely tied to a single strategic goal.
Stewardship-Focused. A type of
strategic objective that reflects the agency’s activities and responsibilities
to provide appropriate safeguards in executing mission- and service-related
activities effectively and efficiently, including minimizing instances of
waste, fraud, and abuse. These objectives typically communicate improvement
priorities for management functions such as strategic human capital management,
information technology, or financial stewardship. Often management objectives
support more than one strategic goal.
"Student Financial Aid"
or "SFA" means federal awards under those programs of general
student assistance, such as those authorized by Title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), as amended, that are
administered by the United States Department of Education and similar programs
provided by other federal agencies. "Student Financial Aid" does not
include federal awards under programs that provide fellowships or similar
federal awards to students on a competitive basis or for specified studies or
research. Individual direct recipients are not subject to the controls
required by this Part.
"Subgrant" means an
award provided by a pass-through entity to a subrecipient for the subrecipient
to carry out part of an award received by the pass-through entity. Terms of
the Grant Agreement may specify that the primary grantee will use another party
through a subgrant to carry out part of the State-issued award received by the
grantee. "Subgrant" does not include payments to a contractor or
payments to an individual who is a beneficiary of a State or federal program. A
"subgrant" may be provided through any form of legal agreement,
including an agreement that the grantee considers a contract.
"Subrecipient" means a
non-federal entity that receives an award from a pass-through entity to carry
out part of a federal or State program. A subrecipient is also known as a
first-tier subrecipient or awardee. There can be additional tiers of
subrecipients based on pass-through levels. "Subrecipient" does
not include an individual who is a beneficiary of the program. A subrecipient
may also be a recipient of other State or federal awards directly from a State
or federal awarding agency.
"Supply" means all tangible
personal property other than those described in the equipment definition. A
computing device is a supply if the acquisition cost is below the lesser of the
capitalization level established by the awardee for financial statement
purposes or $10,000, regardless of the length of its useful life.
"Suspension" means a
post-award action by the State or federal agency or pass-through entity that
temporarily withdraws the State or federal agency's or pass-through entity's financial
assistance sponsorship under an award, pending corrective action by the awardee
or subrecipient or pending a decision to terminate the award.
"Termination" means the
ending of a federal or federal pass-through entity award or State-issued award,
in whole or in part, at any time before the planned end of the period of
performance.
"Third-Party In-Kind Contributions"
means the value of non-cash contributions (i.e., property or services) that
benefit a State- or federally-assisted project or program and are contributed
by non-federal third parties, without charge, to an awardee under a State or
federal award.
"Total Compensation"
means the cash and noncash dollar value earned by the executive during the
grantee's or subrecipient's preceding fiscal year and includes the following:
salary and bonus; awards of stock, stock options and stock appreciation rights;
earnings for services under non-equity incentive plans; and change in pension
value.
"Treasury-State Cash
Management Improvement Act Agreement" means the Treasury-State Agreement
(TSA) the State must enter into with the U.S. Department of the Treasury's
Bureau of Fiscal Service to set forth terms and conditions for implementing
CMIA.
"Unallowable Cost" means
a cost specified by law or regulation, federal cost principles, or the terms
and conditions of an award that may not be reimbursed under a Grant or Cooperative
Agreement.
"Uniform Administrative
Requirements, Costs Principles, and Audit Requirements for Federal Awards"
or "Uniform Requirements" or "UR" means those rules
applicable to grants contained in 2 CFR 200.
"Unique Entity Identifier"
or "UEI" means the unique identifier assigned to the Grantee or to
subrecipients by SAM.gov.
"Unliquidated Obligations"
means, for financial reports prepared on a cash basis, obligations incurred by
the awardee that have not been paid (liquidated). For reports prepared on an
accrual expenditure basis, these are obligations incurred by the awardee for
which an expenditure has not been recorded.
"Unobligated Balance"
means the amount of funds under a State or federal award that the awardee has
not obligated. The amount is computed by subtracting the cumulative amount of
the awardee's unliquidated obligations and expenditures of funds under the
State-issued award from the cumulative amount of the funds that the State
awarding agency authorized the awardee to obligate.
"U.S.C." means the
United States Code.
"Voluntary Committed Cost Sharing"
means cost sharing specifically pledged on a voluntary basis in the proposal's
budget or the award on the part of the awardee and that becomes a
binding requirement of the award. [30 ILCS 708/15]
"Working Capital
Advance" means an advance cash payment from the State awarding agency to
the awardee to cover estimated disbursement needs for an initial period,
generally geared to the awardee's disbursing cycle. This includes initial
start-up cost and normal monthly grant expense, not to exceed two months of
monthly grant expenses.
(Source: Amended at 49 Ill. Reg. 3947,
effective March 20, 2025)
 |
TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.40 INCORPORATIONS AND REFERENCED MATERIALS
Section 7000.40 Incorporations and Referenced Materials
a) References
to Federal Statutes
1) Cash
Management Improvement Act of 1990 (31 U.S.C. 6501)
2) Federal
Funding Accountability and Transparency Act of 2006 (FFATA) (31 U.S.C. 6101
note)
3) Federal
Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301)
4) Freedom
of Information Act (FOIA) (5 U.S.C. 552)
5) Higher
Education Act of 1965, Title IV (20 U.S.C. 1070 through 1099d)
6) International
Organizations Immunities Act (22 U.S.C. 288)
7) Internal
Revenue Code (26 U.S.C.)
8) Inflation
adjustment of acquisition-related dollar thresholds (41 U.S.C. 1908)
(Simplified Acquisition Procedures)
9) Single
Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996 (31 U.S.C.
7501)
b) References
to Illinois Statutes
1) Grant
Accountability and Transparency Act [30 ILCS 708] (Act or GATA)
2) Fiscal
Control and Internal Auditing Act [30 ILCS 10]
3) Freedom
of Information Act (FOIA) [5 ILCS 140]
4) Illinois
Grant Funds Recovery Act (GFRA) [30 ILCS 705]
5) Illinois
State Auditing Act [30 ILCS 5]
6) Board
of Higher Education Act [110 ILCS 205]
7) Illinois
Procurement Code [30 ILCS 500]
8) State
Property Control Act [30 ILCS 605]
9) Illinois
State Collection Act of 1986 [30 ILCS 210]
10) Civil
Administrative Code of Illinois (State Budget Law) [15 ILCS 20]; Section 50-25
creates Budgeting for Results
11) Rights
of Crime Victims and Witnesses Act [725 ILCS 120]
12) Department
of Human Services Act [20 ILCS 1305]
13) Grant
Information Collection Act [30 ILCS 707]
14) Intergovernmental
Cooperation Act [5 ILCS 220]
c) Incorporations
by Reference
1) Federal
Regulations
A) Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR 200 (October 1, 2024)):
i) 2
CFR 200 Subpart B – General Provisions except for:
• With
respect to section 200.204(b), the timeframe shall be 30 calendar days. If the State
awarding agency determines extenuating circumstances require a shorter NOFO
posting period, prior permission must be obtained from GATU through a written
notification;
• With
respect to section 200.205, an appeal must be described and incorporated with
the merit review process;
• Under
section 200.206, a risk-based approach as described in subsection (c) shall be
used; and
• Section
200.211 contains State-related references.
ii) 2
CFR 200 Subpart C – Pre-Federal Award Requirements and Contents of Federal Awards
iii) 2
CFR 200 Subpart D – Post-Federal Award Requirements except for:
• In section
200.308(e), add that regardless of the size of the award, if not otherwise
restricted by federal or State requirements, the sum total of line-item
transfers are capped at $50,000 and/or limited to 10% of the total award,
whichever is less. Line-item transfers larger than this require a budget
revision and approval from the State awarding agency.
• In section
200.337, add that any entity of the State, including but not limited to the
State awarding agency, the Auditor General, the Attorney General, any Executive
Inspector General, and the Inspector General of the State awarding agency, as
applicable, or any of the authorized representatives, must have the right of
access to any documents, papers or other records of the awardee that are
pertinent to the State-issued award to make audits, examinations, excerpts and
transcripts. This right also includes timely and reasonable access to the awardee's
personnel for the purpose of interview and discussion related to these
documents.
iv) 2 CFR
200 Subpart E – Cost Principles
v) 2 CFR
200 Subpart F – Audit Requirements
vi) 2 CFR
200 Appendix I – Full Text of Notice of Funding Opportunity
vii) 2 CFR
200 Appendix II – Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards
viii) 2 CFR
200 Appendix III – Indirect (F&A) Costs Identification and Assignment, and
Rate Determination for Institutions of Higher Education
ix) 2 CFR
200 Appendix IV – Indirect (F&A) Costs Identification and Assignment, and
Rate Determination for Nonprofit Organizations
x) 2 CFR
200 Appendix V – State/Local Government and Indian Tribe‑Wide Central Service
Cost Allocation Plans
xi) 2 CFR
200 Appendix VI – Public Assistance Cost Allocation Plans
xii) 2 CFR
200 Appendix VII – States and Local Government and Indian Tribe Indirect Cost
Proposals
xiii) 2 CFR
200 Appendix VIII – Nonprofit Organizations Exempted from Subpart E – Cost
Principles
xiv) 2 CFR
200 Appendix IX – Hospital Cost Principles
xv) 2 CFR
200 Appendix X – Data Collection Form (Form SF-SAC)
xvi) 2 CFR
200 Appendix XI – Compliance Supplement
xvii) 2 CFR
200 Appendix XII – Award Term and Condition for Recipient Integrity and
Performance Matters
B) Cost
Accounting Standards (48 CFR 9904 (2022))
C) Federal
Acquisition Regulations System (FAR) (48 CFR 1 (2022))
D) Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Awards, Contracts and Cooperative Agreements (37 CFR 401 (2022))
E) Rules
and Procedures for Efficient Federal-State Funds Transfers (31 CFR 205) (2022)
2) "Clarification
of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition
Remission Costs", Office of Management and Budget, Memorandum M-01-06 (2001),
available at https://www.whitehouse.gov/wp-content/uploads/2017/11/2001-M-01-06-Clarification-of-OMB-A-21-Treatment-of-Voluntary-Uncommitted-Cost-Sharing-and-Tuition-Remission-Costs.pdf
3) Government
Auditing Standards (also known as "GAGAS" or the "Yellow
Book"), U.S. Government Accountability Office by the Comptroller General
of the United States (2021 Revision) (http://www.gao.gov/yellowbook)
4) "Internal
Control Integrated Framework" (2013), Committee of Sponsoring
Organizations of the Treadway Commission (COSO), available at https://www.coso.org/_files/ugd/3059fc_1df7d5dd38074006bce8fdf621a942cf.pdf
5) "Policies
for Federal Credit Programs and Non-Tax Receivables", Office of Management
and Budget, Circular A-129 (2013), available at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A129/a-129.pdf
6) "Preparation,
Submission, and Execution of the Budget", Office of Management and Budget,
Circular A-11 (2022), available at https://www.whitehouse.gov/wp-content/uploads/2018/06/a11.pdf
7) "Standards
for Internal Control in the Federal Government" (2014) (also known as the
"Green Book"), Comptroller General of the United States, available at
http://www.gao.gov/products/GAO-14-704G
8) "Management's
Responsibility for Enterprise Risk Management and Internal Control",
Office of Management and Budget, Circular A-123 (2016), available at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2016/m-16-17.pdf.
d) No
later editions of the regulations and standards listed in subsection (c) are
incorporated in this Part.
(Source:
Amended at 49 Ill. Reg. 3947, effective March 20, 2025)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.50 CATALOG OF STATE FINANCIAL ASSISTANCE (CSFA)
Section 7000.50 Catalog of State Financial Assistance
(CSFA)
a) The
Catalog of State Financial Assistance is available at www.grants.illinois.gov. The
CSFA contains, at a minimum, the following information:
1) An
introductory section that explains how to use the Catalog, suggested grant
proposal writing methods, and grant application procedures;
2) A
comprehensive indexing system that categorizes programs by issuing agency,
eligible applicant, application deadlines, function, popular name and subject
area;
3) Comprehensive
appendices showing State assistance programs that require coordination through GATA
and regulatory, legislative and Executive Order authority for each program,
commonly used abbreviations and acronyms, agency regional and local office
addresses, and sources of additional information;
4) A
list of programs that have been added to or deleted from the CSFA and the
various program numbers and title changes;
5) Program
number, title and popular name, if applicable;
6) The
name of the State agency or independent agency and primary organization
sub-unit administering the program;
7) The
enabling legislation, including popular name of the Act, titles and Sections,
Public Act number, and citation to the Illinois Compiled Statutes;
8) The
type or types of financial and nonfinancial assistance offered by the program;
9) Uses
and restrictions placed upon the program;
10) Eligibility
requirements, including applicant eligibility criteria, beneficiary eligibility
criteria, and required credentials and documentation;
11) Objectives
and goals of the program;
12) Information
regarding application and grant processing; application deadlines; range
of approval or disapproval time; appeal procedures; and availability of a
renewal or extension of assistance;
13) Assistance
considerations, including an explanation of the grant formula, matching
requirements, and the length and time phasing of the assistance;
14) Post-assistance
requirements, including any reports, audits, and records that may be required;
15) Program
accomplishments (if available) describing quantitative measures of
program performance;
16) Regulations,
guidelines, and literature containing citations to the Illinois Administrative
Code, the Code of Federal Regulations, and other pertinent informational
materials; and
17) The
names, telephone numbers, and e-mail addresses of persons to be contacted for
detailed program information at the headquarters, regional, and local levels. [30
ILCS 708/30]
b) The
Notice of Funding Opportunity (NOFO) shall be generated in the statewide Grant
Management System using the data from the CSFA.
c) All State-issued
awards, regardless of the funding source, shall be posted in the CSFA. State
awarding agencies are responsible for complete and accurate postings to the
CSFA
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.60 PROGRAM-SPECIFIC EXCEPTIONS TO UR AND GATA
Section 7000.60 Program-Specific Exceptions to UR and
GATA
a) The
Uniform Guidance exception rule is stated in UR section 200.102. GATA modeled its
exception process after the federal process. If the federal OMB and federal awarding
agency has granted an exception, GATU will accept that exception.
b) UR section
200.101 cites types of awards with exceptions to UR. All cited exceptions
shall apply to federal and federal pass-through awards. If the State of
Illinois funds an equivalent program, the State-issued award will be subject to
the same exceptions as the federal award it mirrors.
c) When
a grant program is listed as having limited UR applicability in UR section 200.101,
the State agency must review the grant-specific requirements to determine if
there are additional, grant-specific rules modeled after UR.
d) Per
UR, exceptions shall not be given for UR subpart D (Subrecipient Monitoring and
Management) or subpart F (Audit Requirements). All grants are subject to post-award
requirements, awardee and subrecipient monitoring and management, and audit
requirements.
e) State
agencies shall complete and submit a "GATA Request for Exception Form"
that must be in accordance with cited Illinois or federal law.
f) GATU
shall review all Requests for Exceptions and consult with the GOMB General
Counsel as necessary for final determination on the exception request.
g) All
exceptions shall be requested in writing from the State agency and authorized
in writing by GATU in the official Notice of Exception.
h) All State-issued
programs in the State of Illinois will be assumed to be subject to UR and GATA
unless GATU has distributed a written Notice of Exception to the requesting
State agency.
i) Based
on the Notice of Exception, State agencies must record the exceptions in the
CSFA within 30 days after the exception is allowed. The exception must also be
included in the NOSA (if applicable) and the Uniform Grant Agreement.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.70 GRANTEE QUALIFICATION STATUS
Section 7000.70 Grantee Qualification Status
a) Before
to making an award, the State awarding agency is required by 31 U.S.C. 3321, 41
U.S.C. 2313 and Section 25(4)(C) of the Act to review information available
through any GOMB- or OMB-designated repositories of government-wide eligibility
qualification or financial integrity information, such as:
1) Federal
Awardee Performance and Integrity Information System (FAPIIS);
2) SAM.gov,
including the Federal Excluded Parties List; and
3) Grantee
Portal.
b) Illinois
grantee registration is centralized and automated through the Grantee Portal from
https://grants.illinois.gov/portal/.
c) An
individual representing an organization must use the State of Illinois Public
Authentication Portal as a cybersecurity check and to formally associate the
individual with the organization represented by the individual. Authentication
is initiated from the Grantee Portal link above under subsection (b).
d) An
entity must provide the following information annually to be registered with
the State of Illinois as an awardee:
1) Organization
name and contact information;
2) Federal
Employee Identification Number (FEIN);
3) Data
Universal Numbering System (DUNS) number or Unique Entity Identifier (UEI), as
applicable; and
4) Organization
type.
e) Illinois
prequalification is centralized and includes an automated verification through www.SAM.gov
and the GATA implementation website based on information provided during
registration.
f) Based
on the information provided, the entity is "qualified" to be an
awardee if it:
1) has
an active DUNS number or UEI, as applicable;
2) has
an active SAM.gov public account;
3) is in
good standing with the Illinois Secretary of State, if the Illinois Secretary
of State requires the entity's organization type to be registered. Governmental
entities, school districts and select religious organizations are not required
to be registered with the Illinois Secretary of State. Refer to the Illinois
Secretary of State Business Services website: https://www.ilsos.gov/departments/business_services/home.html;
4) is
not on the Illinois Stop Payment List;
5) is
not on the SAM.gov Exclusion List;
6) is
not on the Illinois Medicaid Sanctions List
(https://www.illinois.gov/hfs/oig/Pages/SanctionsList.aspx).
g) Upon registration,
the Grantee Portal will list the status of each requirement. If a status is not
"good", a link for technical assistance provides an explanation of
how the issue can be corrected. The status of all requirements must be
"good" for the entity to be qualified.
1) If an
entity is on the SAM.gov Exclusion List or in Permanent Stop Payment Status on
the Illinois Stop Payment List, the entity is "Not Qualified". There
is no remediation available. The State of Illinois cannot do business with entities
on the SAM.gov Exclusion List or in Permanent Stop Payment Status on the
Illinois Stop Payment List.
2) If an
entity is on the Illinois Stop Payment List, is not in good standing with the
Illinois Secretary of State, is on the Illinois Medicaid Sanctions List, does
not have an active DUNS number or UEI as applicable, or has an expired SAM.gov
account, the entity has a temporary "Not Qualified" status, but can
remediate. Technical assistance links through the Grantee Portal enable the
entity to self-mediate the issue.
3) If an
entity's verification confirmed all requirements under subsection (f) are met,
the entity has a "Qualified" status.
h) Qualified
status is re-verified nightly. If the entity's status changes, an email notice
is sent to the designated representative with a link to the Grantee Portal.
The entity must use the link for technical assistance to seek remediation.
i) Registration
is required before an organization can apply for an award. State agencies shall
use the State Staff Inquiry Screen to ensure an entity is "qualified"
before reviewing the grant application.
j) “Qualified”
status is required at the application review date. Applications will not be
reviewed if the applicant is not in “qualified” status.
k) Local
governments are responsible for determining how the governmental department or
agency unit will register and prequalify. In the case of a county government,
the decision must be made by the individual with the highest level of fiscal
and administrative authority.
1) An
entity may register as a single county if the county and the departments or
agency units within the county use the same FEIN and:
A) Have
one government-wide DUNS number or UEI, as applicable;
B) Complete
one government-wide ICQ; and
C) Complete
one government-wide indirect cost rate negotiation or election.
2) If it
is determined that the departments should register and prequalify separately,
each department must:
A) Have a
separate DUNS number or UEI, as applicable, for each department or agency unit;
B) Utilize
a registration name that includes both the name of the local government and the
governmental department or agency (e.g., Sangamon County, Public Health
Department);
C) Complete
separate Internal Control Questionnaires (ICQs) for each department or agency
unit; and
D) Complete
separate indirect cost rate negotiations or elections for each department or agency
unit.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.80 GRANTEE COMPLIANCE ENFORCEMENT SYSTEM; ILLINOIS STOP PAYMENT LIST
Section 7000.80 Grantee Compliance Enforcement System;
Illinois Stop Payment List
a) GATA
established a Grantee Compliance Enforcement System (GCES) that outlines a
statewide framework for State agencies to manage occurrences of noncompliance
with grant requirements.
b) Grantees
and applicants may not participate in State-issued award programs or activities
if they are debarred, suspended or otherwise deemed ineligible under the terms
of the GCES.
c) GCES
is required for all grants that are subject to UR and GATA. (All grants are
assumed to be subject to UR and GATA unless an exception or exemption was
authorized by GATU in accordance with Section 7000.60(f).)
d) GATA
requires GOMB to maintain a list that contains the names of those
individuals and entities that are ineligible, either temporarily or
permanently, to receive grant funds from the State. [30 ILCS 708/60(a)(8)] The
list, termed the Illinois Stop Payment List, is a component of GCES.
e) The Illinois
Stop Payment List is a dynamic snapshot of awardees out of compliance with
select grant management requirements. Entities on the Illinois Stop Payment
List are in Stop Payment Status. Utilizing a centralized list of awardees in
Stop Payment Status raises awareness of noncompliance to promote timely
resolution and safeguarding of State resources.
f) Under
GCES, the severity of an entity's noncompliance issue determines whether the
entity is placed on temporary or permanent Stop Payment Status. Permanent Stop
Payment Status requires a preponderance of the evidence as defined by 2 CFR
180.990. A temporary Stop Payment Status can be remediated.
1) Delinquent
Reporting Based on the Terms Specified in the Grant Agreement
A) Agency
rules shall specify procedures for managing awardee submittal of required
financial and performance reports. The protocol shall provide a due diligence
process for State agency-generated reminders to the awardee in advance of
reporting due dates.
B) Agency
rules shall allow the State awarding agency to extend the reporting deadline due
to extenuating circumstances. Reporting extensions must be justified in
writing by the State awarding agency. A report due date may only be extended
one time.
C) The
State awarding agency shall withhold payments to the entity if a report is more
than 15 business days past the original or extended due date. Agency rules shall
include awardee notification of the State agency contact for Stop Payment
Status inquiries.
D) If the
report is not submitted within 30 business days after the original or extended due
date, the State awarding agency shall place the awardee in temporary Stop Payment
Status on the Illinois Stop Payment List. (See Section 7000.260.)
2) Immediate
Placement on Stop Payment List in Temporary Status. The following occurrences
of noncompliance will result in the awardee being immediately placed in
temporary Stop Payment Status on the Illinois Stop Payment List:
A) Failure
to submit a required refund payment or missed payment from the payment plan
within 15 business days after the due date (including approved extensions);
B) Failure
to clear fiscal or administrative monitoring issues;
C) Failure
to submit an audit report within 15 business days after the due date (including
approved extensions);
D) Failure
to respond to an outstanding audit report or onsite review correction action
for deficiencies and material weaknesses, including payment of questioned
costs;
E) Fact-based
discretionary issues documented by the Agency Director, General Counsel, Agency's
Office of the Inspector General, Chief Financial Officer, Chief of Staff, or
Chief Operating Officer. (See Section 7000.260.)
3) Grantees
will be placed in permanent Stop Payment Status on the Illinois Stop Payment
List for the following infractions:
A) Facts
documented by the applicable State agency, including but not limited to:
i) Conviction
of, or civil judgment for, commission of fraud or a criminal offense, violation
of federal or state antitrust statutes, commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, tax evasion, or
commission of any other offense indicating a lack of business integrity or
business honesty that seriously and directly affects the grantee's present
responsibility.
ii) Violation
of grant terms or a transaction so serious as to affect the integrity of the
program, such as a willful failure to perform in accordance with grant terms, a
history of failure to perform or of unsatisfactory performance, or a willful
violation of statutory or regulatory provisions or requirements applicable to a
grant.
iii) Any
other cause so serious or compelling in nature that it affects present
responsibilities.
B) Fraud
documented by the Office of the Executive Inspector General or another
governmental entity's investigation.
4) In
accordance with the Illinois State Collection Act of 1986, all debts that
exceed $250 and are more than 90 days past due shall be placed on the
Comptroller's Offset System unless (i) the State agency shall have entered
into a deferred payment plan or demonstrates to the Comptroller's satisfaction
that referral for offset is not cost effective; or (ii) the State agency is a
university that elects to place in the Comptroller's Offset System only debts
that exceed $1,000 and are more than 90 days past due. All debt, and
maintenance of that debt, that is placed in the Comptroller's Offset System
must be submitted electronically to the Office of the Comptroller. Any
exceptions to this requirement must be approved in writing by the Comptroller. [30
ILCS 210/5].
g) Procedure
1) The
State awarding agency shall notify the grantee in writing of the non-compliance
issue. The communication must state that the grantee and its parent
organization, if applicable under subsection (h), will be placed on the
Illinois Stop Payment List if adequate action by the grantee, including raising
any objections, is not taken within 15 calendar days after receipt of the
notification.
2) State
agencies shall have the discretion to determine the medium of written
correspondence, including e-mail distribution, certified mail, or post office
delivery. If applicable, the parent of the entity shall be copied on the
correspondence. The written correspondence must specify the following:
A) Grantee name of record
and FEIN;
B) Applicable grant award
name and CSFA number;
C) Non-compliance
issues, with detailed facts to support each issue;
D) How
the grantee can correct the non-compliance issue, if applicable;
E) An
opportunity for dialogue or written objections regarding the non-compliance
issue;
F) Contact
information for questions or coordination of corrective action; and
G) A
statement that State agencies cannot execute or modify grants to entities on
the Illinois Stop Payment List and that payments to entities on the Illinois
Stop Payment List will be subject to additional authorization.
3) If
the grantee takes no adequate action within 15 calendar days after it receives
the notice, the State agency shall place the grantee and the grantee's parent,
if applicable, on the Illinois Stop Payment List. A written notice in the form
of a final administrative determination shall be provided to the grantee and
the grantee's parent, if applicable, stating that the Stop Payment Status has
been invoked on that date or upon another date specified in the State agency's
grant rules.
4) If
the State agency receives a written notice from the grantee within 15 calendar
days after the grantee receives the notice, the agency shall endeavor to review
the objection within 15 calendar days to determine whether the grantee has
complied with the requirements at issue.
A) If the
agency decides in favor of the grantee, it shall notify the grantee that the
grantee is in compliance and will not be placed on the Illinois Stop Payment
List based on the non-compliance issue under discussion.
B) If the
agency decides against the grantee, it shall notify the grantee that the
grantee is not in compliance and will be added to the Illinois Stop Payment
List. If the non-compliance issue is a delinquent report, then, following the
resolution of the grantee's unsuccessful objection, the grantee shall be added
to the Illinois Stop Payment List either 30 calendar days after the original
report's due date (or, if more than 30 calendar days have passed since the
report's due date, 10 calendar days after the agency's decision) or on a
different date specified by the State agency's grant rules.
h) The following protocol
shall apply under a parent/child relationship:
1) If
the parent or child is placed on temporary or permanent Stop Payment Status,
all children will be placed on the same Stop Payment Status.
2) If
the child is placed on temporary Stop Payment Status, the parent will be placed
on temporary Stop Payment Status as well, because the parent is accountable for
compliance oversight of the child.
3) If
the child is placed on permanent Stop Payment Status as the result of the
actions of an individual, the parent will be notified and will also be placed
on permanent Stop Payment Status, because the parent is accountable for
compliance oversight of the child. A parent may be pardoned from the
non-compliance issue and removed from permanent Stop Payment Status. To do so,
the parent must provide evidence to the State agency that imposed the Stop
Payment Status that adequate internal controls have been implemented and are
functioning to guard against a recurrence of the non-compliance issue. The
State agency shall then remove the parent's permanent Stop Payment Status, but
may impose additional specific conditions for grant oversight.
4) The
State awarding agency may impose oversight requirements to enforce
accountability in other parent/child relationships.
i) State
agencies may not execute or modify a grant to increase funding or extend the
grant term of an entity on the Illinois Stop Payment List, regardless of
temporary or permanent designation, unless
extenuating circumstances (e.g., court order, consent decree) dictate or the
grant modification only extends the grant term, is approved by the agency, and
would allow the grantee to become compliant. State agencies shall refer
to the State Staff Inquiry Screen or the Illinois Stop Payment List to verify
Stop Payment Status.
1) GOMB
will initiate a nightly data inquiry to compare awardee FEIN numbers on the
Illinois Stop Payment List to the Illinois Comptroller's Data Warehouse to
determine if any transactions have occurred after the Stop Pay Date.
2) If a
payment transaction has been initiated to an entity on the Illinois Stop
Payment list:
A) The
State agency that initiated the transaction will be notified via email of the
Stop Pay Status and provided a link to the awardee's Illinois Stop Payment
record.
B) The
State agency shall review the Illinois Stop Payment record and determine if the
recent payment initiated by the State agency should be withheld. It is
recommended that the Stop Payment Status be enforced; however, extenuating
circumstances (e.g., court order, consent decree, or federally-mandated funding
or matching requirements) may require the payment.
C) If
applicable, the State agency shall explain why the Stop Payment Status is being
overridden using the Payment Justification field in the Illinois Stop Payment
List. All decisions to override the Stop Payment Status must be justified in
the List. The override can be valid for one payment or a period of time. Each
override cannot exceed the duration of the current fiscal year (including the
lapse period).
j) Only
the State agency that placed an awardee on the Illinois Stop Payment List can
remove the Stop Pay Status.
1) The
State agency that issued the Stop Pay Status is responsible for follow-up to
resolve noncompliance.
2) When
the noncompliance issues are resolved, the State agency that issued the Stop
Pay Status shall remove the awardee from the Illinois Stop Payment List.
3) Refer
to Section 7000.260(d) (Maintenance and Use of the Illinois Stop Payment List).
k) The
Illinois Stop Payment List will archive all Stop Pay Statuses to document
historic prior grant compliance issues. State agencies are encouraged to
consider all Stop Pay Status occurrences as part of the awarding or modifying
process.
(Source:
Amended at 49 Ill. Reg. 3947, effective March 20, 2025)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.90 AUDITING REQUIREMENTS
Section 7000.90 Auditing Requirements
Following UR section 200.501 (Audit Requirements):
a) Awardees,
excluding for-profits, that expend $1,000,000 or more during the non-federal
entity's fiscal year in federal awards (federal pass-through and direct federal
funds) must have a single audit conducted in accordance with UR section 200.514.
Awardees meeting certain requirements may elect to have a program-specific
audit conducted in accordance with UR section 200.507. (See Section 7000.90(d)
for audit requirements for for-profit subrecipients.)
b) Awardees
that expend less than $1,000,000 during the non-federal entity's fiscal year in
federal awards (federal pass-through and direct federal funds) from all sources
are exempt from federal audit requirements for that year. These non-federal
entities are not subject to the single audit requirements.
c) Awardees
that expend less than $1,000,000 in direct federal and federal pass-through
funds from all sources are subject to the following audit requirements:
1) Awardees
that expend $750,000 or more in State-issued awards, singularly or in any
combination and are not subject to the single audit:
A) Must
have a financial statement audit conducted in accordance with GAGAS; and
B) If
deemed to be high risk based on the grantee's overall risk profile (obtained
from the Financial and Administrative Risk Assessment, the Merit Review, or the
Programmatic Risk Assessment mandated by UR section 200.332 (see Section
7000.340)):
i) Must
have an audit conducted in accordance with GAGAS; and
ii) Are
required to undergo either an on-site review conducted by the State Cognizant
Agency or an agreed-upon procedures engagement, paid for and arranged by the pass-through
entity or pass-through entities in accordance with UR section 200.425.
2) Awardees
that do not meet the requirements in subsection (c)(1) but expend $500,000 or
more in State-issued awards, singularly or in any combination, from a State
awarding agency, during the awardee's fiscal year must have a financial
statement audit conducted in accordance with GAAS.
3) If the
grantee is a Local Education Agency (as defined in 34 CFR 77.1), it must have a
financial statement audit conducted in accordance with GAGAS, as required by 23
Ill. Admin. Code 100.110, regardless of the dollar amount of expenditures of federal
pass-through and State-Issued Awards from a State awarding agency.
4) If the
grantee does not meet the requirements in subsections (a) and (c)(1) through
(c)(3) but has a financial statement audit conducted voluntarily or based on
other regulatory requirements, it must submit those audits for review.
5) Non-federal
entities that are not required to have an audit conducted must submit a
Consolidated Year-end Financial Report using the Grantee Portal.
d) For-profit
Awardees. The pass-through entities are responsible for ensuring awardee
compliance with established requirements. Methods to ensure compliance for State-issued
awards to for-profit subrecipients may include pre-award audits, monitoring
during the agreement period of performance, and post-award audits. See also UR section
200.332 (Requirements for Pass-through Entities).
1) For-profit
Awardees Audit Requirements. For-profit awardees who expend $1,000,000 or more
in federal pass-through funds from a State awarding agency during the awardee's
fiscal year must have a program-specific audit conducted in accordance with UR section
200.507 (Program-specific Audits).
A) State awarding
agencies must provide the awardee the program-specific audit guide, when
available.
B) If a
program-specific guide is not available, the auditor and auditee have the same
responsibilities for the program as they would have for a major program in a
single audit.
2) For-profit
awardees who expend less than $1,000,000 in federal pass-through funds from a
State awarding agency during the awardee's fiscal year must follow the audit
requirements in subsections (c)(1) through (c)(4).
e) Awardees
who do not meet the requirements in subsection (c) or (d) but have audits
conducted based on other regulatory requirements must submit those audits for review.
f) Single
Audit and Program Specific Audit Report Submission. Single audits conducted in
accordance with this Section, including any program or regulatory audit
requirements, must be completed and the reporting package described in subsection
(g) must be submitted by the awardee to the Federal Audit Clearinghouse, as
required by UR section 200.512 and the Grantee Portal, within the earlier of 30
calendar days after receipt of the auditor's reports or 9 months after the end
of the awardee's audit period. If the due date falls on a Saturday, Sunday or
State/federal holiday, the reporting package is due the next business day.
g) Financial
Statement Audits conducted in accordance with this Section must be completed
and the reporting package described in subsection (h) must be submitted by the awardee
using the Grantee Portal within the earlier of 30 calendar days after receipt
of the auditor's reports or 6 months after the end of the awardee's audit
period. If the due date falls on a Saturday, Sunday or State/federal holiday,
the reporting package is due the next business day.
h) Reporting
package submissions must include:
1) For
Single Audit and Program Specific Audit submissions:
A) All
items identified in UR section 200.512(c);
B) Management
letters issued by the auditors, and their respective corrective action plans if
significant deficiencies or material weaknesses are identified; and
C) Consolidated
Year-end Financial Report with an "in relation to opinion".
D) A copy
of the results of the most recent peer review of the audit firm.
2) For
Financial Statement Audit submissions:
A) Financial
Statements;
B) Summary
schedule of Prior Audit Findings, when applicable;
C) Auditor's
report;
D) Corrective
Action Plan (when Audit Report identifies findings);
E) Management
letters issued by the auditors, and their respective corrective action plans if
significant deficiencies or material weaknesses are identified; and
F) Consolidated
Year-end Financial Report with an "in relation to opinion";
G) A copy
of the results of the most recent peer review of the audit firm.
(Source:
Amended at 49 Ill. Reg. 3947, effective March 20, 2025)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.95 ANNUAL REPORT AND 5-YEAR REVIEW
Section 7000.95 Annual Report and 5-Year Review
a) Effective
January 1, 2016 and each January 1 thereafter, GOMB, shall submit to the
Governor and the General Assembly a report that demonstrates the efficiencies,
cost savings, and reductions in fraud, waste, and abuse as a result of the
implementation of GATA and this Part. [30 ILCS 708/95] Implementation
reports can be found at https://gata.illinois.gov/resources.html. The reports
will address the following areas:
1) Number
of entities placed on the Illinois Stop Payment List;
2) Savings
realized as a result of the implementation of GATA;
3) Reduction
in the number of duplicative audits;
4) Number
of persons trained to assist awardees;
5) Number
of awardees to whom a fiscal agent was assigned. [30 ILCS 708/95]
b) GOMB
shall review GATA at least once every 5 years after December 26,
2014 in conjunction with the federal review of the UR, Cost Principles, and
Audit Requirements for Federal Awards as required by UR section 200.109 in
order to determine whether any existing rules need to be revised or new rules
adopted. [30 ILCS 708/70]
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
SUBPART B: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET (GOMB) RESPONSIBILITIES
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.100 GOMB RESPONSIBILITIES
Section 7000.100 GOMB Responsibilities
GOMB will execute the specific requirements and
responsibilities set forth in Section 55 of the Act, including the
establishment of GATU. GOMB will provide technical assistance and policy
interpretation to State awarding agencies. GATU will review requested exceptions
in accordance with Section 7000.60.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.110 GOMB ADOPTION OF SUPPLEMENTAL RULES FOR MULTI-YEAR GRANTS
Section 7000.110 GOMB Adoption of Supplemental Rules for
Multi-Year Grants
a) The Issuance
of One-Year Grants
1) An
awardee must have a minimum of 5 years of experience in administering grants (federal,
State or private sources) to be eligible for a multi-year award.
2) All awardees
with less than 5 years of experience in administering grants (federal, State or
private sources) are eligible for a multi-year award, if conditions are met:
A) The State
awarding agency must assign specific conditions to the awardee in response to
the risk posed by the applicant through the ICQ and programmatic risk
assessment;
B) Specific
condition compliance must be monitored by the State awarding agency or pass-through
entity throughout the grant term; and
C) Renewal
grants are conditioned on a comprehensive evaluation of the awardee's fiscal,
administrative, and programmatic compliance during the preceding grant term.
b) The issuance
of discretionary grants in 3-year terms (one-year initial term with the option
to renew for up to 2 additional years).
1) A
multi-year award is defined as a one-year grant with subsequent renewal
grants. A multi-year award may not exceed 3 years of total funding.
2) All
grant programs that have been in existence for 5 years may use a multi-year award.
3) Grant
programs that have been in existence for less than 5 years may only use a
multi-year award if:
A) The
awardee has specific expertise and experience related to the programmatic use
of the fund, and has demonstrated an administrative and programmatic capacity to
provide the grant services; or
B) The
grant program will function as a pilot program and requires a multi-year award
to adequately evaluate the program model for feasibility.
4) Agencies
shall use a rolling multi-year schedule to manage the administrative
responsibilities of the grant application process. Under eligibility terms,
agencies have discretion to stagger the grant terms and subsequent renewals.
c) The
issuance of no-cost extensions (as defined in Section 7000.30) must not be prohibited by statute (see 2 CFR 200.308(f)(1)).
The grant amount may not be changed under a no-cost extension. No-cost
extensions are subject to appropriation under the terms of the executed grant
agreement.
(Source:
Amended at 49 Ill. Reg. 3947, effective March 20, 2025)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.120 GOMB ADOPTION OF SUPPLEMENTAL RULES FOR GRANT PAYMENT METHODS
Section 7000.120 GOMB Adoption of Supplemental Rules for
Grant Payment Methods
a) Payments
to states are governed by the Cash Management Improvement Act and the
Treasury-State Agreement (TSA) default procedures codified at 31 CFR 205.
1) State
agencies must have implemented, written policies and procedures that comply
with the TSA and 2 CFR 200.305.
2) The
policies and procedures must be approved by State agency staff responsible for
cash drawdowns, federal reporting, and the TSA interest calculation. The
policies and procedures must ensure:
A) Awardee
grant payments conform to the TSA and this Section.
B) Awardee
grant payments conform to requirements in 2 CFR 200.305.
C) Awardees
have policies and procedures that enable them to conform to the TSA and 2 CFR
200.305.
b) Payments
to awardee entities must use grant payment methods that minimize the time
elapsing between the transfer of funds from the Illinois Office of the
Comptroller and the pass-through entity. The disbursement by the awardee may be
made by electronic funds transfer, issuance or redemption of checks, warrants,
or payment by other means. (See UR section 200.302(b)(6) (Financial management).)
1) Advance
Payments.
A) The
awardee entity must be paid in advance, provided it maintains or demonstrates
the willingness to maintain both:
i) written
procedures that minimize the time elapsing between the transfer of funds and
disbursement by the awardee; and
ii) financial
management systems that meet the standards for fund control and accountability
as established in UR section 200.302.
B) Advance
payments must be limited to the minimum amounts needed and be timed to be in
accordance with the actual, immediate cash requirements of the awardee in
carrying out the purpose of the approved program or project. The timing and
amount of advance payments must be as close as is administratively feasible to
the actual disbursements by the awardee for direct program or project costs and
the proportionate share of any allowable indirect costs. The awardee entity
must make timely payment to contractors in accordance with the contract provisions.
C) State
agencies must implement written policies and procedures documenting their
assessment ensuring awardee's written procedures and their financial management
systems meet the standards for fund control and requirements in UR section
200.302.
D) State
awarding agencies must document the determination that the awardee meets the
requirements of advance payments in this subsection (b)(1).
2) Reimbursement.
Reimbursement is the preferred method if the awardee does not meet the
requirements in subsection (b)(1). Reimbursement must be used when the
requirements in subsection (b)(1) cannot be met, when the State awarding agency
sets a specific condition per UR section 200.208 (Specific conditions), or when
the awardee requests payment by reimbursement. Reimbursement may be used on any
grant award for construction, or if the major portion of the construction
project is accomplished through private market financing or federal or State
loans and the grant award constitutes a minor portion of the project. When the
reimbursement method is used, the State awarding agency or pass-through entity
must pay within 30 calendar days after receipt of the billing unless the State
awarding agency or pass-through entity reasonably believes the request to be
improper.
3) Working
Capital Advances. If the awardee entity cannot meet the criteria for advance
payments as stated in subsection (b)(1) and the State awarding agency or
pass-through entity has determined that reimbursement is not feasible because
the awardee lacks sufficient working capital, the State awarding agency or
pass-through entity may provide cash on a working capital advance basis. Under
a working capital advance, the State awarding agency or pass-through entity
must advance cash payments to the awardee to cover its estimated disbursement
needs for an initial period, generally geared to the awardee's disbursing
cycle. This would include initial start-up cost and normal monthly grant expenses,
not to exceed two months of monthly grant expenses. After that, the State
awarding agency or pass-through entity must reimburse the awardee for its
actual cash disbursements.
A) A working
capital advance requires the State awarding agency or pass-through entity to
provide timely advance payments to awardees to meet the awardee's actual cash
disbursements.
B) A working
capital advance must not be used if the reason for the working capital advance
is the unwillingness or inability of the State awarding agency or pass-through
entity to provide timely advance payments to the awardee to meet the awardee's
actual cash disbursements.
c) State
agencies must implement written policies and procedures for each grant payment
method used by the agency: advance payments, reimbursements and working capital
advances. The policies and procedures must be approved by State agency staff
responsible for federal and State cash drawdowns and reporting.
d) Standards
governing the use of banks and other institutions as depositories of advance
payments under awards are as follows:
1) The State
awarding agency and pass-through entity must not require separate depository
accounts for funds provided to an awardee or establish any eligibility
requirements for depositories for funds provided to the awardee. However, the awardee
must be able to account for the receipt, obligation and expenditure of funds.
2) Advance
payments of federal funds must be deposited and maintained in insured accounts
whenever possible.
3) The
awardee must maintain advance payments of federal awards in interest-bearing
accounts, unless the following apply:
A) The
awardee receives less than $250,000 in federal awards per year.
B) The
best reasonably available interest-bearing account would not be expected to
earn interest in excess of $500 per year.
e) Parameters
Regarding Interest Earned
1) Interest
earned by the awardee up to $500 per year may be retained by the awardee for
administrative expense.
2) Interest
earned by the awardee in excess of $500 per year on federal advance payments
deposited in interest-bearing accounts must be returned to the State awarding
agency in accordance with UR section 200.305(9).
3) Payment
Withholding
A) Unless
otherwise required by State statute, payments for allowable costs shall not be
withheld at any time during the period of performance unless the conditions of
Section 7000.80 apply, the awardee is determined to be "not qualified"
in accordance with Section 7000.320, or one or more of the following conditions
exists:
i) The awardee
has failed to comply with the project objectives, State statutes or
regulations, or the Grant Agreement; or
ii) The awardee
is delinquent in a debt to the State of Illinois (see the Illinois State
Collection Act of 1986). Under these conditions, the agency may, upon
reasonable notice, inform the awardee that the awardee shall not pay for
obligations incurred after a specified date until the delinquency is corrected
or the indebtedness to the State is liquidated.
B) If the
grant is suspended and payment is withheld because the awardee failed to comply
with the Grant Agreement, payment must be released to the awardee upon
subsequent compliance. Refer to Section 7000.80 for the Grantee Compliance
Enforcement System and the Illinois Stop Payment List.
C) A
payment must not be made to an awardee for amounts to be paid to contractors
that the awardee retains to assure satisfactory completion of work. The payment
shall be made when the awardee actually disburses the withheld funds to the
contractors or to escrow accounts established to assure satisfactory completion
of work.
(Source: Amended
at 47 Ill. Reg. 7893, effective May 23, 2023)
SUBPART C: STATE AGENCY RESPONSIBILITIES AND IMPLEMENTATION
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.200 STATE AGENCY RESPONSIBILITIES
Section 7000.200 State Agency Responsibilities
a) The
specific requirements and responsibilities of State agencies and non-federal
entities are set forth in Section 50 of the Act.
b) State
agencies making State-issued awards to non-federal entities must adopt rules
reflecting UR subparts B through F unless different provisions are required by
law or an exception is granted by GATU in accordance with Section 7000.60.
1) In
applying UR subparts D through F to State-issued awards, the following terms in
Column A from the UR are interchangeable with the terms in Column B.
|
Column
A
Terms
from 2 CFR 200
Subparts
B Through F
|
|
Column
B
Application
to State-Issued
Awards
|
|
|
|
|
|
Federal awarding agency
|
|
State awarding agency
|
|
Non-federal entity
|
|
Awardee
|
|
Assistance
Listing
|
|
Catalog of
State Financial Assistance or CSFA
|
|
Federal
financial assistance
|
|
State-issued award
|
|
Federal
pass-through financial assistance
|
|
Federal pass-through funds
|
|
Federal statutes or regulations
|
|
State statutes or regulations
|
2) The
following UR sections apply to State-issued awards, with the terminology
equivalencies listed in subsection (b)(1):
A) Subpart
B – General Provisions
B) Subpart
C – Pre-Federal Award Requirements and Contents of Federal Awards
C) Subpart
D – Post-Federal Award Requirements
D) Subpart
E – Cost Principles
E) Subpart
F – Audit Requirements
F) Appendices
(applicable sections)
i) Appendix
I Notice of Funding Opportunity
(Except section E)
ii) Appendix
II Contract Provisions for Non-Federal
Entity Contracts Under Federal
Awards
iii) Appendix
III Indirect (F&A) Costs Identification
and Assignment, and Rate
Determination for Institutions of Higher Education
iv) Appendix
IV Indirect (F&A) Costs Identification
and Assignment, and Rate
Determination for Nonprofit Organizations
v) Appendix
V State/Local Government-wide
Central Service Cost Allocation
Plans
vi) Appendix
VI Public Assistance Cost Allocation
Plans
vii) Appendix
VII States and Local Government and
Indian Tribe Indirect Cost
Proposals
viii) Appendix
VIII Nonprofit Organizations Exempted
From Subpart E – Cost Principles
of Part 200
ix) Appendix
IX Hospital Cost Principles
x) Appendix
X Data Collection Form (Form SF-
SAC)
xi) Appendix
XI Compliance Supplement
xii) Appendix
XII Award Term and Condition for
Recipient
Integrity and Performance Matters
c) Each
State awarding agency shall appoint a Chief Accountability Officer to
serve as a liaison to GATU and be responsible for the State agency's
implementation of, and compliance with, the UR and this Part.
d) In
order to effectively measure the performance of its awardees, each State awarding
agency shall:
1) Require
its awardees to submit a Periodic Performance Report (PPR) in the format
prescribed by GATU and available through the GATA Resource Library at
www.grants.illinois.gov. The frequency of PPR reporting shall be specified
in the executed Grant Agreement and no less frequent than annually nor more
frequent than quarterly except in unusual circumstances as stated in the
Uniform Grant Agreement. Best practice would be quarterly reporting.
2) Utilize
the PPR to require its awardees to relate financial data to performance
accomplishments of the award and, when applicable, require awardees to provide
cost information to demonstrate cost-effective practices. The awardee's performance
should be measured in a way that will help the State agency to improve program
outcomes, share lessons learned, and spread the adoption of promising
practices; and
3) Provide
awardees with clear performance goals, indicators, and milestones through the
Grant Agreement and shall establish performance reporting frequency and content
to not only allow the State agency to understand the awardee's progress, but
also to facilitate identification of promising practices among awardees and
build the evidence upon which the State agency's program and performance
decisions are made.
e) Each
State awarding agency shall enhance its processes to monitor and address
noncompliance with reporting requirements and with program performance
standards. When applicable, the process may include a corrective action plan.
The monitoring process shall include a plan for tracking and documenting
performance-based contracting decisions. [30 ILCS 708/45(g)]
f) State
awarding agencies are required to follow internal control compliance
requirements in OMB Circular No. A-123, Management’s Responsibility for
Enterprise Risk Management and Internal Control, incorporated by reference in
Section 7000.40(c).
g) GOMB
shall provide such advice and technical assistance to the State agencies as is
necessary or indicated in order to ensure compliance with the Act. [30 ILCS
708/50]
h) Each
State agency shall submit any exception requests to GATU for approval in
accordance with Section 7000.60.
(Source: Amended
at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.210 STATE AGENCY IMPLEMENTATION
Section 7000.210 State Agency Implementation
a) State
agencies shall implement the policies and procedures applicable to federal
pass-through awards by adopting rules for non-federal entities. The federal
rules took effect for fiscal years on and after December 26, 2014, unless
different provisions are required by State or federal statute or federal rule.
b) The
standards set forth in GATA, which affect administration of State-issued
awards issued by State awarding agencies, become effective once
adopted as rules by the State agencies. [30 ILCS 708/90]
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.220 STATE COGNIZANT AGENCY RESPONSIBILITIES AND IMPLEMENTATION
Section 7000.220 State Cognizant Agency Responsibilities
and Implementation
a) The
State Cognizant Agency is the State agency that provides the most funding to
the awardee based on State agency entries into the CSFA. Each awardee is
assigned a State Cognizant Agency. The State Cognizant Agency assignments are
recorded in the Grantee Portal and the State Staff Inquiry Screen.
b) As
defined in Section 7000.30, the State Cognizant Agency is the State awarding
agency designed to carry out specific pre-award responsibilities associated
with prequalification, fiscal and administrative risk assessment, and indirect
cost rate election/negotiation.
1) The
State Cognizant Agency provides support as necessary to assist the applicants
in completing the prequalification process. Refer to Section 7000.320.
2) The
State Cognizant Agency reviews and accepts submitted ICQs pursuant to Section
7000.340(d)(1).
3) The
State Cognizant Agency reviews and accepts indirect cost rate elections/negotiations
pursuant to Section 7000.420.
4) The
State Cognizant Agency designates staff to serve as the Indirect Cost Rate
Subject Matter Expert to support Section 7000.420.
5) The
State Cognizant Agency designates staff to serve as the Audit Report Review
Subject Matter Expert to support Section 7000.90.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.230 INSTITUTION OF HIGHER EDUCATION RESPONSIBILITIES AND IMPLEMENTATION
Section 7000.230 Institution of Higher Education
Responsibilities and Implementation
a) UR
and GATA requirements shall apply to awards funded by federal pass-through awards
from a State awarding agency to public institutions of
higher education. [30 ILCS 708/45(f))]
b) Institutions
of higher education shall be subject to UR appendix III (Indirect (F&A)
Costs Identification and Assignment, and Rate Determination for Institutions of
Higher Education) and the cost principles under UR Subpart E.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.240 SUBRECIPIENT/CONTRACTOR DETERMINATIONS
Section 7000.240 Subrecipient/Contractor Determinations
a) An
organization may concurrently receive State-issued awards as a grantee, a
subgrantee (subrecipient), and a contractor, depending on the substance of the Grant
Agreement, Cooperative Agreement, Intergovernmental Agreement between State
agencies and awardees. A pass-through entity must make case-by-case
determinations of whether the entity receiving the funds is a subrecipient or
contractor.
1) Subrecipient
A subaward is to carry out a
portion of a Grant Agreement and creates a State assistance relationship with
the subrecipient. Characteristics that support the classification of the
grantee as a subrecipient include the following:
A) Determines
who is eligible to receive what State and federal pass-through assistance;
B) Has
its performance measured based on whether the objectives of a State or federal
pass-through program were met;
C) Has
responsibility for programmatic decision making;
D) Is
responsible for adherence to applicable State and federal pass-through program
requirements specified in the State agency's rule; and
E) In
accordance with its Grant Agreement, uses the State and federal pass-through
funds to carry out a program for a public purpose specified in authorizing
statute, as opposed to providing goods or services for its own benefit.
2) Contractors
A contract is to obtain goods and
services for the grantee's own use and creates a procurement relationship with
the contractor. Characteristics indicative of a procurement relationship
between the awardee and a contractor are when the contractor:
A) Provides
the goods and services within normal business operations;
B) Provides
similar goods or services to many different purchasers;
C) Normally
operates in a competitive environment;
D) Provides
goods or services that are ancillary to the operation of the State and federal
pass-through program; and
E) Is not
subject to compliance requirements of the State-issued award or federal
pass-through program as a result of the agreement, though similar requirements
may apply for other reasons.
3) Use
of Judgment in Making Determination
A) In
determining whether an agreement between a pass-through entity and another
non-federal entity casts the latter as a subrecipient or a contractor, the
substance of the relationship is more important than the form of the agreement.
B) Each of
the characteristics listed in subsection (a)(1) may not be present in all
cases. The pass-through entity must use judgment in classifying each agreement
as a subaward/subgrant or a procurement contract.
b) The
Recipient Checklist for Determining if the Entity Receiving Funds as a
Contractor or Subrecipient Relationship must be used to document the
subrecipient vs. contractor determination. The completed Checklist must be
maintained for monitoring and audit purposes as evidence of the determination.
c) The Checklist
is available on the GATA website (www.grants.illinois.gov).
(Source: Amended
at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.250 CSFA MAINTENANCE
Section 7000.250 CSFA Maintenance
a) State
agencies must maintain the Catalog of State Financial Assistance (CSFA) as the
State's single, authoritative, statewide comprehensive source of State
financial assistance program information.
b) State
agencies must enter data into the CSFA as follows:
1) When
federal, federal pass-through or State funds are received by the State agency;
2) When awards
are issued from the federal, federal pass-through or State funds; and
3) When
exceptions are given by GATU in writing on behalf of the Governor's Compliance
Office for specific grant programs (see Section 7000.60).
c) State
agencies are encouraged to establish a data transmission from the State agency's
grants management system to the CSFA to automate CSFA maintenance. The
statewide Grant Management System will ultimately replace individual State
agencies' grant management systems. GOMB's Information Technology Manager
(OMB.helpdesk@illinois.gov) is the point of contact for the automated data transmission.
d) State
agencies shall generate the NOFO based on CSFA data through the statewide Grant
Management System. NOFOs are published on the public-facing CSFA, which is accessible
through the GATA website (www.grants.illinois.gov).
e) State
agencies shall generate the NOSA from the CSFA, if required as described in
Section 7000.360.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.260 MAINTENANCE AND USE OF THE ILLINOIS STOP PAYMENT LIST
Section 7000.260 Maintenance and Use of the Illinois
Stop Payment List
a) The Grantee
Compliance Enforcement System is described in Section 7000.80.
b) If an
awardee is not compliant with the grant terms stated in Section 7000.80(f)(1)
or Section 7000.80(f)(2), the State awarding agency must place the awardee on
temporary Stop Payment Status pursuant to Section 7000.80(g).
c) If
the awardee is not compliant with grant terms stated in Section 7000.80(f)(3),
the State awarding agency shall place the awardee on permanent Stop Payment
Status.
d) The
State agency can add or remove an awardee to the Illinois Stop Payment List in one
of two ways:
1) By
direct data entry into the Illinois Stop Payment List through the GATA
implementation website; or
2) By using
an automated data transfer to the Illinois Stop Payment List from the State
agency's grants management system. (Automated data transfers are strongly
recommended to maintain data integrity. Data transfers can be coordinated
through GOMB's Information Technology Manager.)
e) State
agency protocols shall establish a methodology for the State agency to withhold
payments at the entity level as prescribed in Section 7000.80(f)(1)(C).
1) The
State agency shall have authority to override the payment hold and generate
payment to the entity.
2) The
circumstances requiring the override shall be documented and maintained by the
State Agency.
3) If an
outstanding report is not submitted within the timeframe stated in Section 7000.80(f)(1)(D),
the State agency shall proceed with temporary Stop Payment Status as prescribed
in Section 7000.80(f)(1)(D).
4) The
State awarding agency shall place the awardee on temporary Stop Payment Status
for other occurrences of noncompliance, in accordance with Section 7000.80(f)(2).
5) The
State awarding agency shall place the awardee on permanent Stop Payment Status
in accordance with Section 7000.80(f)(3).
6) The
State Agency shall perform the following due diligence before adding an awardee
to the Illinois Stop Payment List:
A) The
agency shall notify the awardee in writing of the pending Stop Payment Status.
The notice shall include:
i) Applicable
grant name and number;
ii) The
specific noncompliance issues with supporting facts (e.g., specifications of
delinquency);
iii) Instructions
for correcting the noncompliance issues, if applicable;
iv) Contact
information to inquire or coordinate corrective action; and
v) The
following statement: "State agencies cannot execute or increase grants to
entities on Stop Payment Status. Payments to entities on the Illinois Stop
Payment List are subject to additional authorization."
B) If the
awardee does not respond or take corrective action to the notice of Stop
Payment Status within 15 calendar days, the State agency shall put the awardee on
the Illinois Stop Payment List.
7) The
following information is required for the Illinois Stop Payment List:
A) Awardee's
FEIN;
B) Awardee's
DUNS number;
C) Awardee's
name;
D) Stop
Pay Date (date the Stop Payment Status was effective);
E) Stop
Pay Reason (applicable noncompliance issues); and
F) Agency
Contact (name, phone number and email address of State agency personnel with
knowledge of the noncompliance issue).
8) The
State agency can add an awardee to the Illinois Stop Payment List in one of two
ways:
A) By
direct data entry into the Illinois Stop Payment List through the GATA implementation
website; or
B) By using
an automated data transfer to the Illinois Stop Payment List from the State
agency's grants management system. (Automated data transfers are strongly
recommended to maintain data integrity. Data transfers can be coordinated
through GOMB's Information Technology Manager.)
f) When
the noncompliance issue is resolved, the State agency that placed the awardee
on the Illinois Stop Payment List shall remove it from the Illinois Stop
Payment List pursuant to Section 7000.80(j) and Section 7000.260(d). The
methodology described in subsection (b)(6) is applied to remove a grantee from
the Illinois Stop Payment List.
(Source: Amended
at 47 Ill. Reg. 7893, effective May 23, 2023)
SUBPART D: STATE AND FEDERAL PASS-THROUGH PRE-AWARD REQUIREMENTS
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.300 GRANT, COOPERATIVE, INTERAGENCY AND INTERGOVERNMENTAL AGREEMENTS
Section 7000.300 Grant, Cooperative, Interagency and
Intergovernmental Agreements
a) This
Subpart applies to grants issued from State and federal pass-through funds.
b) The
State agency shall decide on the appropriate instrument for the award (i.e.,
Grant Agreement or Cooperative Agreement):
1) Grant
Agreements, Interagency and Intergovernmental Agreements
A) A
State awarding agency shall use the Uniform Grant Agreement (see Section
7000.370) as the legal instrument reflecting a relationship between the State
and an awardee when:
i) The
principal purpose of the relationship is to transfer a thing of value to the awardee
to carry out a public purpose of support or stimulation authorized by State or federal
law; and
ii) Substantial
involvement is not expected between the State agency and the awardee when
carrying out the activity contemplated in the Grant Agreement.
B) A
State awarding agency shall use the Uniform Grant Agreement when issuing a
grant to another government entity, such as a State agency or department,
constitutional office, city, municipality, or county health department.
C) The
State awarding agency must not use the Uniform Grant Agreement for an
interagency agreement or intergovernmental agreement which pledges support of
joint effort on a project, establishes data sharing, or establishes an
employment or personal services relationship.
2) Cooperative
Agreements
A State agency shall use a
Cooperative Agreement as the legal instrument reflecting a relationship between
the State and a recipient when:
A) The
principal purpose of the relationship is to transfer a thing of value to the
recipient to carry out a public purpose of support or stimulation authorized by
State law instead of acquiring (by purchase, lease or barter) property or
services for the direct benefit or use of the State government; and
B) Substantial
involvement is expected between the State agency and the recipient when
carrying out the activity contemplated in the Cooperative Agreement.
3) Multiple
Agreements
A State awarding agency is not
limited to establishing only one Grant Agreement or Cooperative Agreement
between the State and an awardee on a jointly financed project involving
amounts from more than one program or appropriation when different agreements
would otherwise be appropriate for different parts of the project.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.310 PUBLIC NOTICE OF DISCRETIONARY AND NON-DISCRETIONARY GRANT PROGRAMS
Section 7000.310 Public Notice of Discretionary and
Non-Discretionary Grant Programs
a) Discretionary
Grant Programs
1) The
State agency must notify the public of available State-issued awards in the
Catalog of State Financial Assistance (CSFA).
A) The
CSFA is the single, authoritative, comprehensive source of State-issued award
program information.
B) The
State agency shall only issue State and federal pass-through funds based on a
program included in the CSFA.
2) For
each program, the State agency must submit the following information to GATU:
A) Program
Description – Grant program description, including its purpose, goals and
measurement process;
B) Program
Authority – Whether the program is created at the discretion of the agency or
is prescribed by State statute;
C) Funding
– Projected total amount and source of funds available for the program;
D) General
Eligibility Requirements – The statutory and regulatory standards that determine
the applicant's qualification for State-issued awards under the program;
E) Auditing
– Audit requirements; and
F) Indirect
Costs – Approved statutory indirect costs limitations and restrictions.
3) The
State awarding agency shall provide official public notice of discretionarily issued
grant funding opportunities through a NOFO on the public-facing CSFA, which is available
on the GATA website (www.grants.illinois.gov).
4) The
State agency shall publish the NOFO for at least 30 calendar days. The State
agency may request an exception due to extenuating circumstances for a shorter
NOFO posting period from GOMB pursuant to Section 7000.60. The State agency
does not need an exception to post a NOFO for a longer period or to use an
open-ended NOFO.
5) The
NOFO shall be produced on a uniform, statewide template (see the GATU website).
This information shall precede the text of the announcement. It shall disclose
the information required under UR section 200.204 and shall reflect the
additional State requirements of Section 30 of the Act. The following are some
of the types of information required by UR section 200.204 and GATA Section 30:
A) State
Agency Name;
B) Grant
Program Title;
C) Announcement
Type (i.e., initial announcement or modification of a previous announcement);
D) Funding
Opportunity Number (assigned through the CSFA NOFO process);
E) Catalog
of State Financial Assistance (CSFA) Number and Title;
F) Assistance
Listing Numbers (formerly Catalog of Federal Domestic Assistance (CFDA) Numbers)
(if applicable);
G) Estimated
Total Program Funding;
H) Source
of Funding;
I) Cost
Sharing or Matching Requirement;
J) Approved
Statutory Indirect Cost Limitations and Restrictions;
K) Key
Dates, including:
i) Due
dates for applications and for any letters of intent or pre-applications;
ii) Date
when program application materials will be available (if applicable); and
iii) Date
for technical assistance session (if applicable); and
L) Any additional
information deemed necessary by the State agency.
6) In
compliance with UR section 200.204, the State agency shall include the
following information in the full text of the grant announcement:
A) Full
programmatic description of the funding opportunity;
B) State-issued
award information, including sufficient information to help an applicant make
an informed decision about whether to submit an application;
C) Specific
eligibility information, including any factors or priorities that affect an
applicant's eligibility for selection;
D) Application
preparation and submission information, including the applicable submission
date and time;
E) Application
review information, including the standards and process to be used to evaluate
applications;
F) State-issued
award administration information, including prior approval requirements;
G) Restrictions
on pre-award costs (UR section 200.210 and 2 CFR 200.458); and
H) Any
specific terms of, and conditions on, the grant.
7) GATU
shall provide technical assistance to promote State agency compliance with
requirements for public notice of grant programs and grant announcements for
State-issued awards.
8) State
agencies shall use the NOFO and the announcement of the grant program to
communicate all relevant State requirements and conditions of the pending grant
award.
9) State
agencies shall use the Uniform Grant Agreement to communicate all relevant
State requirements and conditions for the grant award.
10) Awardees
are responsible for complying with all requirements of the statute authorizing
the grant, this Part, the rules of the specific grant program, and the Grant
Agreement.
b) Non-discretionary
Grant Programs
1) The
State agency must notify the public of awarded State-issued awards in the
Catalog of State Financial Assistance (CSFA).
A) The
CSFA is the single, authoritative, comprehensive source of State-issued award
program information.
B) The
State agency shall only issue State and federal pass-through funds based on a
program included in the CSFA.
2) For
each program, the State agency must submit the following information to GATU:
A) Program
Description – Grant program description, including its purpose, goals and
measurement process;
B) Program
Authority – Whether the program is created at the discretion of the agency or
is prescribed by State statute;
C) Funding
– Projected total amount and source of funds available for the program;
D) General
Eligibility Requirements – The statutory and regulatory standards that
determine the applicant's qualification for State-issued awards under the program;
E) Auditing
– Audit requirements; and
F) Indirect
Costs – Approved statutory indirect costs limitations and restrictions.
3) The
State agency must provide official public notice of non-discretionarily issued
grants through an NDFI generated from the CSFA and posted on the GATA website (www.grants.illinois.gov).
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.320 GRANTEE REGISTRATION AND PRE-QUALIFICATION
Section 7000.320 Grantee Registration and Pre-Qualification
a) All
requirements of Section 7000.70 (Grantee Qualification Status) apply to State-issued
awards.
b) Regardless
of the source of funding (federal pass-through or State), all grantees are
required to register with the State of Illinois, complete a prequalification
process, and be determined "qualified" as described in Section 7000.70.
c) Qualification
verification is performed annually based on a completed registration and
nightly after that through an automated verification conducted by GOMB.
Notification of a change in qualified status shall be communicated through the
Grantee Portal and the State Staff Inquiry Screen.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.330 UNIFORM GRANT APPLICATION AND BUDGET TEMPLATE
Section 7000.330 Uniform Grant Application and Budget
Template
a) Unless
an exception has been granted and documented in the CSFA, State agencies shall
use the uniform grant application template provided by GATU and available
through the GATA Resource Library at https://gata.illinois.gov or the Grant
Management System, as directed by GATU.
b) The
uniform grant application shall include a standard Agency Completed Section and
a standard Grantee Completed Section.
c) The
completed application template serves as the transmittal for the agency-required
documentation that must be submitted to apply for grant funding. Each grant
application is available from the NOFO (see Section 7000.310) provided through
the publicly accessible CSFA.
d) Unless
an exception has been documented in the CSFA, State agencies shall use the
uniform budget template provided by GATU and available through the GATA
Resource Library at www.grants.illinois.gov.
1) Illinois'
uniform budget template was modeled after the federal budget template (SF-424A).
2) The
budget template includes major line items and may be modified for additional
grant-specific budget lines. State awarding agencies must format the template
with the applicable line items before the template is released as part of the
grant application.
3) The
uniform budget template was designed as a compliant format with State agency
flexibility.
e) Unless
otherwise required by State or federal statute, as part of the application
process the State agency shall require the award applicant to submit mandatory
disclosures, certifications and representations required by State and federal
statutes or regulations.
f) Conflict
of Interest
State agency staff and the award applicant
must not have any conflicts of interest or apparent conflicts of interest that may
impair the fairness and impartiality of the grant process. Authoritative sources
and guidance regarding conflict of interest and financial disclosure are
provided through the GATA Resource Library at www.grants.illinois.gov.
1) Applicant
Responsibilities
A) Applicants
shall disclose, in a timely manner and in writing, to the State awarding
agency:
i) All
real or potential conflicts of interest related to the issuance or execution of
the award; and
ii) All
violations of State or federal criminal law involving fraud, bribery or
gratuity violations potentially affecting the award.
B) Applicants
must comply with disclosure requirements specified in Section 60(a)(5) of the
Act.
C) An
applicant's failure to make the required disclosures may result in remedial
actions, including:
i) Temporary
withholding of cash payments pending correction of the deficiency or more
severe enforcement action by the State awarding agency;
ii) Disallowance
of (i.e., denial of both use of funds and any applicable matching credit for)
all or part of the cost of the activity or action not in compliance;
iii) Whole
or partial suspension or termination of the award;
iv) Initiation
of suspension or debarment proceedings under 2 CFR 180. In the case of a pass-through
entity, the State agency may recommend that such a proceeding be initiated by
the federal awarding agency;
v) Withholding
further awards for the project or program; or
vi) Taking
any other remedial action that may be legally available.
2) State
Agencies
Unless prohibited by federal or
State statutes or regulations, each State awarding agency is authorized to
require the awardee to submit certifications and representations required by federal
and State statute or regulations, including Section 120 of GATA, on an annual
basis. Submissions may be required more frequently if the awardee fails to meet
a requirement of a State-issued award.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.340 GRANTEE RISK ASSESSMENTS FINANCIAL AND ADMINISTRATIVE (ICQ) AND PROGRAMMATIC
Section 7000.340 Grantee Risk Assessments – Financial
and Administrative (ICQ) and Programmatic
a) The
UR identifies the risk assessment as a pre-award requirement (2 CFR
200.206(b)(1)).
b) Formula-funded,
federally mandated, and legislatively mandated awards are subject to risk
assessment unless the terms of funding explicitly exclude a risk assessment. A
risk assessment exception must be approved by GATU and recorded in the CSFA
pursuant to Section 7000.60.
c) Risk
Posed by Applicants
1) Review
of Existing Recipient Information
A) For a
grant applicant who is a prior awardee, the State awarding agency shall review
available information on the awardee's prior performance. The evaluation may
incorporate results of the evaluation of the applicant’s eligibility or the
quality of its application.
B) The
State awarding agency shall look for information that demonstrates a
satisfactory record of executing programs or activities under federal or State-issued
awards, cooperative agreements, or procurement awards, as well as integrity and
business ethics.
C) The
State awarding agency may issue a grant to an awardee that does not fully meet
these standards if it determines that the nonattainment is not relevant to the
current State-issued award under consideration or there are specific conditions
that can appropriately mitigate the effects of the applicant's risk.
2) In
evaluating risks posed by applicants, the State agency must use a risk-based
approach that considers, at a minimum, the following criteria (2 CFR
200.206(b)):
A) Financial
stability;
B) Management
systems and standards;
C) History
of performance.
D) Audit
reports and findings; and
E) The
applicant's ability to effectively implement requirements.
3) If
the State awarding agency determines that a State-issued award will be issued
notwithstanding the risks posed, the agency shall establish in the Grant
Agreement specific conditions, corresponding to the degree of risk assessed,
that reduce this risk.
d) There
are 2 types of risk assessments: Financial and Administrative Risk Assessment
and Programmatic Risk Assessment.
1) Financial
and Administrative Risk Assessment. An automated Internal Control
Questionnaire (ICQ) is used to review past performance of fiscal and
administrative conditions and organization-level program delivery on prior
awards and the applicant's ability to conform with federal and State statutory
requirements. The ICQ centralizes the fiscal and administrative and
organization-level program risk assessment.
A) An
entity is required to complete the ICQ once annually. All State agencies use
the ICQ results.
B) The
ICQ is a pre-award requirement. The timing of the ICQ depends on when the
entity applies for State fiscal year funding.
C) The
entity initiates the ICQ from the Grantee Portal (www.grants.illinois.gov/portal).
D) ICQ
automation scores the questionnaire and assigns suggested specific conditions
in response to the risk profile.
E) The
State Cognizant Agency approves the risk profile and the subsequent specific
conditions. All agencies issuing awards to the entity will apply the specific
conditions resulting from the ICQ risk assessment.
F) Local
governmental agencies that register and prequalify separately from the
controlling local government must complete the ICQ at the agency level.
i) Governmental
agencies must have a unique DUNS number or Unique Entity Identifier, as
applicable, but the same FEIN as the highest level of local government to be
eligible to register separately.
ii) Separate
ICQs may be appropriate if governmental agencies are independent in their
fiscal and administrative responsibility and reporting structure.
iii) Specific
conditions described in subsection (e) would apply to each ICQ.
2) Programmatic
Risk Assessment. Program-specific risk assessments evaluate the entity's
ability to successfully carry out the terms of a specific program. The
assessment is conducted using the GATU-prescribed program-specific risk
assessment job aid.
A) With
the program-specific job aid, the awarding State agency considers both the ICQ
responses regarding the organization-level programmatic questions and the
content of the application submission.
B) The State
awarding agency scores the completed program-specific job aid and applies
specific conditions in response to the risk profile.
C) The State
awarding agency approves the risk profile and the subsequent specific
conditions. The specific conditions are applied to the Grant Agreement.
e) Specific
Conditions
1) Within
the Grant Agreement, the State awarding agency shall impose additional specific
grant conditions when:
A) It
determines, pursuant to subsection (d), that the applicant presents a
significant amount of risk resulting from a significant deficiency or material
weakness identified by the pre-award process;
B) An
applicant or recipient has a history of failure to comply with the general or
specific terms and conditions of a State-issued award or federal award;
C) An
applicant or recipient fails to meet expected performance goals described in
the Grant Agreement; or
D) An
applicant or recipient is otherwise judged to be not responsible.
2) Additional
State-issued award conditions may include items such as the following:
A) Requiring
payments as reimbursements rather than advance payments;
B) Withholding
authority to proceed to the next phase until receipt of evidence of acceptable
performance within any timeframes established by the Grant Agreement;
C) Requiring
additional, more detailed financial reports;
D) Requiring
additional project monitoring;
E) Requiring
the awardee to obtain technical or management assistance; or
F) Establishing
additional prior approvals.
3) The
State awarding agency will use the NOSA process as required in Section 7000.360
to notify the applicant regarding specific conditions as follows:
A) The
nature of the additional requirements;
B) The
reason why the additional requirements are being imposed;
C) The
nature of the action needed to remove the additional requirements, if
applicable;
D) The
time allowed for completing the actions, if applicable; and
E) The
method for requesting reconsideration of the additional requirements imposed.
4) In
response to an awardee's request to remove a specific condition, the applicable
State awarding agency will remove any specific conditions promptly once the
agency Director or designee determines that the issues have been corrected.
A) If the
specific condition pertains to the ICQ risk assessment, the request must be
reviewed by the State Cognizant Agency. The State Cognizant Agency shall
determine if the implemented corrective action is sufficient and shall use the
State Staff Inquiry Screen to remove the condition, if applicable.
B) If the
specific condition pertains to a programmatic risk assessment or the
merit-based review, the request must be reviewed by the State awarding agency
that issued the condition. The agency that issued the condition will determine
if the implemented corrective action is sufficient and use the State Staff
Inquiry Screen to remove the condition, if applicable.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.350 MERIT REVIEW OF GRANT APPLICATION
Section 7000.350 Merit Review of Grant Application
a) A
merit review is required for discretionary applications for financial
assistance in the form of grants and cooperative agreements, unless prohibited
by State or federal law. This process must be described or incorporated by
reference in the applicable NOFO. An appeals process must be described and
incorporated with the merit review process.
b) If
there is a multi-phase review process, the applicable NOFO must describe the
phases.
c) Pursuant
to UR section 200.205, State awarding agencies shall follow the uniform Merit
Review process in this Section. A printable copy of this process can be found
in the GATA Resource Library at https://gata.illinois.gov.
d) Discretionary
grant evaluation criteria must be tied to the objectives or purpose of the
federal or State-issued award program.
1) Evaluation
criteria must include, at a minimum, the following categories of criteria:
A) Need:
Identification of stakeholders, facts and evidence that demonstrate the
proposal supports the grant program's purpose;
B) Capacity:
The ability of an entity to execute the grant project according to project
requirements; and
C) Quality:
The totality of features and characteristics of a service, project or product
that indicates its ability to satisfy the requirements of the grant program.
2) Other
evaluation criteria may be considered in addition to the required criteria in
subsection (d)(1). Examples of other potential categories of criteria include:
A) Societal
impact;
B) Economic
impact;
C) Cost-effectiveness;
D) Sustainability;
and
E) Grant-specific
criteria.
e) The
merit review shall be prepared in accordance with UR section 200.205 and
include the evaluation process description, criteria and importance stated in
the grant application. The evaluation process shall include:
1) A statement
of the evaluation criteria as specified in the grant application. The grant
application shall state all criteria and their relative importance, including
preferences, technical assistance options, and tie-breakers for equivalent
scores after evaluation.
2) A statement
of whether there are multiple phases of evaluation, along with a description of
each phase.
3) A
review of the application based solely on the criteria identified in the grant
application. If there is a required change to the evaluation criteria before to
the application deadline, the State awarding agency shall notify applicants of
the change, at a minimum, by posting notice of this change on its website and
amending its CSFA listing to reflect the change.
4) Consideration
of cost sharing, if applicable and stated in the terms of the grant
application. The State awarding agency must specifically define how it will
evaluate cost sharing, such as whether it will assign additional points to
cost-sharing applicants or use cost sharing to break ties among applications
with equivalent scores after all other factors are evaluated. If cost sharing
is used as an evaluation factor, this definition must include any restrictions
on the types of costs that are acceptable (e.g., in-kind contributions).
5) Evaluation
by Committee. Evaluation committee members shall be determined by the State awarding
agency, tailored to the particular grant application, and include, as
appropriate, persons with the appropriate technical expertise to ensure a
comprehensive evaluation of applicants.
A) Conflict
of Interest. Evaluation committee members shall not have any conflicts of
interest or apparent conflicts of interest.
i) Except
when required by statute, evaluation committee members must neither have
submitted an application nor represent an entity that has submitted an
application for the grant program during the grant cycle under review.
ii) Committee
members must sign the Merit Based Review confidentiality agreement and conflict
of interest disclosure form provided by GATU. Evaluation Committee members must
not have a conflict of interest or apparent conflicts of interest. The form
documents the individual's attestation and commitment to confidentiality in the
review of grant applications.
B) Confidentiality.
Committee members shall be assigned a code for identification in the evaluation
process. Evaluator names shall be disclosed only when required by audit,
litigation, or public records request pursuant to FOIA (see Section
7000.430(e)).
C) The
head of a State awarding agency or a designee may remove committee members for
due cause, such as failure to comply with the directions of the grant
application or evaluation process or failure to ensure the integrity of the awarding
process. The reasons for removing a committee member must be stated in writing.
6) Evaluation
Based on Numerical Rating. Applications shall be assigned a numerical rating,
unless another scoring methodology is more appropriate due to the unique
circumstances of a particular grant program. In any case, the rating system
must meet the following requirements:
A) Any
scoring tool must reflect the evaluation criteria and ranking of priorities set
forth in the grant application.
B) Committee
members must have an individual score sheet that is completed independently.
C) A
summary score sheet must be completed that shows the comparative scores and
identifies the resulting finalists for the grant award.
D) Any
significant or substantial variance among evaluator scores shall be reviewed
and documented, along with any resulting revision of individual scores.
7) Verification
that the entity has completed pre-award requirements, including grantee
pre-qualification, conflict of interest and mandatory disclosures, fiscal and
administrative risk assessment, and programmatic risk assessment.
f) Award
1) Awards
shall be made pursuant to a written determination by the evaluation committee
based on the evaluation set forth in the grant application and the finalists'
completion of all pre-award requirements.
2) The
agency shall issue a Notice of State-Issued Award (NOSA) to finalists that
enables the finalists to make an informed decision whether to accept the grant.
The NOSA shall include:
A) The
terms and conditions of the award; and
B) If
applicable, any specific conditions assigned to the finalist based on the
fiscal, administrative and programmatic risk assessments and the merit review.
3) Upon
finalists' acceptance of the grant awards, the State awarding agency shall
announce the grant awards in the CSFA.
4) The
agency shall send a written Notice of Denial to applicants not receiving
awards.
g) Appeals
Process
1) Appeals
of discretionary grants are limited to the evaluation process. Evaluation
scores may not be protested. Only the evaluation process is subject to appeal.
2) Appeals
Review Officer (ARO). The agency head or a designee may appoint one or more
AROs to consider the grant-related appeals and make a recommendation to the
agency head or designee.
3) Submission
of Appeal
A) An
appeal must be submitted in writing and must comply with the appeal
requirements included in the grant application document. It must include, at a
minimum:
i) the name and address
of the appealing party;
ii) an identification of
the grant (i.e., CSFA number); and
iii) a statement of reasons
for the appeal.
B) Appeals
must be received within 14 calendar days after the date of publication of the
grant award.
4) Response
to Appeal
A) The State
awarding agency must acknowledge receipt of the appeal within 14 calendar days
after it received the appeal.
B) The State
awarding agency shall respond to the appeal within 60 days. If this is
impracticable, the agency must supply to the appealing party a written
explanation of why additional time is required.
C) The
appealing party must supply to the State awarding agency any additional
information requested within the time period identified in the request for
additional information.
5) Stay
of Grant Agreement/Contract Execution
When an appeal is received, the
execution of the grant in contention shall be stayed until either:
A) The
appeal is resolved; or
B) The
agency head or designee determines that the needs of the State require that the
grant program move forward despite the appeal. This determination, and its
rationale, must be documented in writing.
6) Resolution
A) The
ARO shall make a recommendation to the agency head or designee as quickly as
possible after receiving all relevant and requested information.
B) In
determining this recommendation, the ARO shall consider the integrity of the discretionary
grant process and the impact of the recommendation on the agency.
C) The State
awarding agency shall resolve the appeal through a written determination. This
determination shall include, but not be limited to, the following:
i) Review
of the appeal;
ii) Appeal
determination; and
iii) Rationale
for the determination.
7) Effect
of Judicial Proceedings
If an action concerning the appeal
has commenced in a court or administrative body, the State awarding agency head
or designee may defer resolution of the appeal pending the judicial or
administrative determination.
h) State
awarding agencies shall maintain a file of the grantmaking process that
includes the written determination of grant issuance, grant application and
requirements. The grantmaking file shall be available for audit-related
purposes.
i) State
awarding agencies may impose specific conditions on the awardee based on the
merit review (see Section 7000.340(e) (Specific Conditions)).
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.360 NOTICE OF STATE-ISSUED AWARD (NOSA)
Section 7000.360 Notice of State-Issued Award (NOSA)
Prior to a State agency issuing an award, the State agency
must verify that there are no outstanding pre-award requirements. This includes
verification of qualification, acceptance of risk assessments, approved budget,
conflict of interest disclosures, and required certifications. All outstanding
pre-award requirements must be resolved before a NOSA can be issued. This
verification is automated either through the statewide grant management system
or through the CSFA.
a) If
there are no outstanding requirements, the State awarding agency must issue a
NOSA through the CSFA to comply with federal requirements.
b) The NOSA
shall communicate:
1) Grant
funding terms, including the source of funds;
2) Grant
terms and conditions (including corresponding citations) specified by the
funder, the State of Illinois, the State awarding agency, and the terms of the
specific grant program;
3) Specific
conditions associated with the risk assessments and the merit review, if
applicable; and
4) That
the application budget has been approved.
c) The State
awarding agency shall release the NOSA to the applicant from the CSFA. The
applicant shall receive the NOSA through the Grantee Portal.
d) The applicant
shall review the NOSA and determine whether it will accept the specified terms
of the award.
1) If
the applicant accepts the NOSA, it is agreeing to all specified terms and
conditions. Applicant acceptance triggers a notification to the State awarding
agency. The CSFA will flag the NOSA as "accepted".
2) If
the applicant denies the NOSA, it is refusing to accept the specified terms and
conditions. Applicant denial triggers a notification to the State awarding agency.
The CSFA will flag the NOSA as "denied". The State awarding agency must
contact the applicant to discuss the denial decision.
A) If an
incorrect response to the ICQ triggered a specific condition, the State
awarding agency shall notify the State Cognizant Agency. The State Cognizant
Agency shall release the ICQ to the organization for correction and resubmittal.
If the updated ICQ alters the risk profile of the organization and changes the
specific conditions for the organization, an updated NOSA shall be generated by
the State awarding agency and submitted to the applicant.
B) If the
ICQ responses appear valid, the State awarding agency may need to clarify capacity-building
necessary in the specified area and the process under which specific conditions
can be removed (see Section 7000.340(e) (Specific Conditions)).
e) Upon
applicant acceptance of the NOSA, the State awarding agency shall initiate the
Grant Agreement following the State agency's protocol.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.370 UNIFORM GRANT AGREEMENT
Section 7000.370 Uniform Grant Agreement
a) A
State agency issuing a grant shall enter into a Grant Agreement with the awardee
before any grant funds are transmitted to that awardee. The Grant Agreement
must include the following:
1) Awardee
Information
A) Name
(which must match the name associated with the awardee's DUNS or Unique Entity
Identifier, as applicable);
B) Awardee's
DUNS or Unique Entity Identifier, as applicable.
2) Agency
Information
A) Name
of State awarding agency;
B) Contact
information for the State awarding agency;
C) Program
under which the grant is being issued.
3) Grant
Information
A) CSFA number
and name;
B) Unique
State-issued award identification number (SAIN);
C) Project
description;
D) Type
of grant;
E) Award
date;
F) Period
of performance start and end date;
G) Amount
of the grant, contingent upon available appropriations;
H) Total
amount of State or federal pass-through funds allocated;
I) Estimated
budget (funding provided by State awarding agency) approved by the State awarding
agency;
J) Indirect
cost rate for the State or federal pass-through award (including if the de
minimis rate is charged or if there is a statutory limitation imposed by the
funding agency);
K) Approved
cost share or match, if applicable;
L) Identification
of whether the award is for research and development; and
M) Any
funds the agency may be authorized by statute to retain as its administrative
expenses, citing the specific statutory authority.
4) General
Terms and Conditions. State agencies must include in the Grant Agreement, as
applicable, the following general terms and conditions, either by actual
inclusion or by cross-reference:
A) Administrative
requirements implemented by the State agency by rule;
B) State
policy requirements, including State statutes or regulations that apply; and
C) Recipient
integrity and performance matters.
5) Agency,
Program or Grant Specific Terms and Conditions. The Grant Agreement shall
include any terms and conditions necessary to communicate requirements that are
specific to the grant, grant program or awardee, including citations to any
relevant Code of Federal Regulations (CFR) or Illinois Administrative Code provisions,
and other regulatory information.
6) Grant
Performance Goals
A) The
State awarding agency shall indicate the timing and scope of expected
performance by the awardee as related to the outcomes the program is intended
to achieve.
B) When
appropriate, the Grant Agreement shall include specific performance goals,
indicators, milestones or expected outcomes, with an expected timeline for
accomplishment.
7) Reporting
requirements shall be clearly articulated so that they create a standard
against which awardee performance can be measured. The State awarding agency
may include program-specific requirements, as required to meet agency strategic
goals and objectives or performance goals that are relevant to the grant program.
8) Any
other information that enables the State awarding agency to adequately monitor
the conduct of the awardee under the Grant Agreement and ensure adherence to
the terms of the grant.
b) Revision
of Budget and Program Plans
1) The
approved budget for the State-issued award incorporated in the Grant Agreement by
reference may include either the State and non-State share or only the State
share, depending upon the specific State agency rules. The budget shall relate
clearly to project or program performance.
2) Awardees
are required to report deviations from budget or project scope or objective and
request prior approvals from State awarding agencies in accordance with this
Section.
3) Revisions
– Nonconstruction Grant Agreements
A) Mandated
Prior Approval. For nonconstruction grants, the awardee shall request prior
approval from the State agency for any of the following program or
budget-related reasons:
i) Change
in the scope or the objective of the project or program (even if there is no
associated budget revision).
ii) Change
in a key person specified by the awardee in the application or the Grant
Agreement.
iii) Disengagement
from the project for more than 3 months, or a 25% reduction in time devoted to
the project, by the approved project director or principal investigator.
iv) Transfer
of funds budgeted for participant support costs.
v) Unless
described in the application and funded by the Grant Agreement, issuance of a
subgrant transferring or contracting out of any work under a State-issued award,
including a fixed amount subgrant. This provision does not apply to the
acquisition of supplies, material, equipment or general support services.
vi) Changes
in the approved awardee cost-share or match.
vii) The
need arises for additional State funds to complete the project.
B) Prior
Approval at the State Agency's Discretion
i) A State
awarding agency must seek written approval from GATU before mandating prior
approval for reasons beyond those enumerated in Section 7000.370(b)(3)(A). Upon
receipt of GATU approval, the State awarding agency shall include additional
mandates in the program rules if universally applicable, or in the Grant
Agreement if awardee-specific.
ii) If
the State agency determines that granting blanket approval of additional
revisions to or deviations from the budget, project scope, or objective stated
in a nonconstruction Grant Agreement is warranted and will cause no threat to
the integrity of the grant program, the agency shall include those policies in
its grant program rules if universally applicable or in the Grant Agreement if awardee
specific.
C) Transfer
of Funds
i) In
compliance with Section 7000.40(c)(1)(A)(iii), the State awarding agency may,
in its program rules or a specific Grant Agreement, allow the transfer of funds
among direct cost categories or programs, functions and activities.
ii) The
agency shall not permit a transfer that would cause any State appropriation to
be used for purposes other than those for which that appropriation was made.
4) Revisions
– Construction Grants. For State construction grants, the awardee must request
prior written approval promptly from the State awarding agency for budget
revisions whenever subsection (b)(4)(A), (b)(4)(B), or (b)(4)(C) applies:
A) The
revision results from changes in the scope or the objective of the project or
program;
B) The
need arises for additional State funds to complete the project; or
C) A
revision is desired that involves a specific cost for which prior written
approval requirements may be imposed consistent with applicable cost principles
listed in UR subpart E.
5) When
a State agency makes a State-issued award that provides support both for construction
and nonconstruction work, the agency may require the awardee to obtain prior
approval from the agency before making any fund or budget transfers between the
two types of work supported.
6) When
requesting approval for budget revisions, the recipient shall use the same
format for budget information that was used in the application, unless the
State agency's rules indicate that a letter of request suffices.
7) Within
30 calendar days after receipt of a request for budget revisions, the agency
shall review the request and notify the awardee whether the budget revisions
have been approved. If the revision is still under consideration at the end of
30 calendar days, the agency shall inform the awardee in writing of the date
the awardee may expect the decision.
(Source:
Amended at 47 Ill. Reg. 7893, effective May 26, 2023)
SUBPART E: STATE POST-AWARD REQUIREMENTS
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.400 GATA PERFORMANCE MEASUREMENT (REPEALED)
Section 7000.400 GATA Performance Measurement (Repealed)
(Source: Repealed at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.410 AWARDEE PERFORMANCE MEASURES
Section 7000.410 Awardee Performance Measures
a) State
agencies shall apply UR sections 200.301 (Performance Measurement) and 200.329
(Monitoring and Reporting Program Performance) for awardee performance
oversight.
b) State
agencies must provide awardees with clear performance goals, indicators and
milestones and establish performance reporting frequency.
1) The
awardee must submit performance reports at the interval required by the State
agency, as specified in the Grant Agreement. Intervals must be no less frequent
than annually and no more frequent than quarterly, except in unusual
circumstances (for example, as communicated through the Grant Agreement's
specific conditions).
2) Annual
reports are generally due 60 calendar days after the reporting period.
Quarterly or semiannual reports due dates are set by the State awarding agency
and must comply with the State program requirements. Due dates must be
communicated through the Grant Agreement.
c) The
State agency shall require the awardee to use the Periodic Performance Report
(PPR) to articulate performance outcomes. In addition, each State awarding
agency shall use the PPR to:
1) Require
its awardees to relate financial data and accomplishments to the performance
goals and objectives of the award; and
2) When
applicable, require awardees to provide cost information to demonstrate
cost-effective practices. [30 ILCS 708/50(c)(1)]
d) The
awardee's performance shall be measured in a way that will help the State awarding
agency and other applicants and recipients to improve program outcomes, share
lessons learned, spread the adoption of promising practices, and build the
evidence upon which the State agency's program and performance decisions are
made.
e) The
State awarding agency shall use the performance measurement data provided by
the awardee to manage execution of the Grant Agreement.
1) Actual
accomplishments during the specified period must be compared to the objectives
of the award. Reasons for not meeting goals must be specified.
2) Trends
in performance must be addressed through technical assistance, desk or field
reviews, or monitoring. If applicable, the State agency may consider a change
(increase or decrease) in the amount of the award based on awardee performance.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.420 CENTRALIZED INDIRECT COST RATE NEGOTIATION
Section 7000.420 Centralized Indirect Cost Rate
Negotiation
This Subpart applies to State awarding agencies and awardees
receiving awards from State and federal pass-through funds. With permission
from the federal government, Illinois has centralized the negotiation and
election of indirect cost rates with State and federal pass-through awardees.
a) The
State of Illinois' Indirect Cost Rate Negotiator will support the negotiation
of indirect cost rates and cost rate elections. A User Guide for the Indirect Cost
Rate Negotiation System is provided in the GATA Resource Library to support
State agency and awardee use of the system.
b) Requirements
for State Awarding Agencies
1) Illinois
will use the centralized Indirect Cost Rate Election System (ICRES). This
system will be used by awardees, from the Grantee Portal, to make an indirect
cost rate election. Options for indirect cost rate election include:
A) If
eligible, election of the de minimis rate of up to 15% of modified total direct
costs (MTDC) allowed by UR section 200.414(f);
B) If
applicable, submit a copy of the current federal Negotiated Indirect Cost Rate
Agreement (NICRA);
C) Election
of "waive" or "no rate", meaning the awardee will not
request or receive reimbursement for any indirect costs;
D) Negotiate
a rate with the State of Illinois (State Rate); or
E) Federal Rate Maintained Internally (FRMI) (local
governments only).
2) All
approved elections and negotiated rates shall be recorded in the State Staff
Inquiry Screen for State agency reference.
3) Once
a rate is negotiated or an election is recorded, all State awarding agencies
are required to accept the approved rate, unless an exception has been granted
by GATU requiring a lower rate or limitation on the amount charged.
A) The
effective period of the de minimis rate election will remain in effect in
perpetuity, or until a different election is made by the grantee, and therefore
does not require an annual election;
B) The
effective period of the Federal Negotiated Indirect Cost Rate Agreement (NICRA)
is determined by the federal cognizant agency;
C) The
effective period of the "waive" or "no rate" election will
remain in effect in perpetuity, or until a different election is made by the
grantee, and therefore does not require an annual election;
D) The effective
period of a Negotiated Indirect Cost Rate with the State of Illinois will be
based on the grantee's fiscal year. A State Rate requires an annual election,
submission and negotiation process; and
E) The
effective period of the Federal Rate Maintained Internally (FRMI) (local
governments only), will be based on the grantee's fiscal year. An FRMI
requires an annual election, submission and review process.
4) The
awardee may volunteer to accept a lower indirect cost rate on an award. State agencies
shall not force or coerce an awardee to take a lower rate.
c) Requirements
for the Grant Accountability and Transparency Unit
1) Provide
and maintain the ICRES;
2) Review,
accept and record elections of Federal NICRA; and
3) Provide technical assistance
as required by Section 60(a)(9) of GATA.
d) Requirements for State
Cognizant Agencies (SCA)
1) The
assigned SCA is required to review and accept or reject the State Rate and
FRMIs of its awardees. Acceptance must be recorded in the Indirect Cost Rate Negotiation
System maintained by the State of Illinois Indirect Cost Rate Negotiator.
2) If
the State Rate or FRMI is rejected, the SCA shall provide technical support to
its assigned awardees during the indirect cost rate election and negotiation/election
process.
e) Requirements
for an Organization Receiving a State or Federal Pass-through Funded Award
1) Each
organization receiving an award from a State awarding agency is required to make
one of the following indirect cost rate elections through ICRES in the Grantee
Portal:
A) Election
of the de minimis rate of up to 15% of MTDC allowed by UR section 200.414(f);
B) Federal
Negotiated Indirect Cost Rate Agreement (NICRA);
C) Election
to waive or not to charge indirect costs;
D) Negotiate
a State rate; or
E) Federal
Rate Maintained Internally (FRMI) (local governments only).
2) The
awardee shall make one election or negotiate one rate that all State agencies
must accept unless there are federal or State program limitations, caps or
supplanting issues.
3) The
accepted election or negotiated rate shall be recorded in the Grantee Portal
and the State Staff Inquiry Screen.
4) The
awardee may volunteer to accept a lower indirect cost rate on an award. State
agencies are not allowed to force or coerce an awardee to take a lower rate.
5) Awardees
that fail to make an election in ICRES or negotiate a rate in the Indirect Cost
Rate Negotiation System will not be allowed to charge indirect costs to
awards. Any indirect costs previously reimbursed during the corresponding
grant period without making an election may be credited against future
payments.
f) Requirements
for Local Education Agencies (LEAs)
1) Based
upon the U.S. Department of Education delegation agreement with the State of
Illinois, the Illinois State Board of Education (ISBE) has the authority to
develop indirect cost rates for LEAs. The indirect cost rates developed by
ISBE for the LEAs shall apply to all State and federal pass-through awards
issued by State agencies to the LEAs.
2) LEA
indirect cost rates will be posted centrally by GOMB on the State Staff Inquiry
Screen. LEAs are not required to enter information into ICRES (see subsection
(b)(1)).
g) Requirements
for Local Governments
1) Based
on how the local government registers (in accordance with Section 7000.320),
the local governmental department or agency unit shall make an indirect cost
rate election through ICRES. If the governmental department or agency unit
registers separately, for example, each governmental department or agency unit
would make a separate indirect cost rate election.
A) Local
governments can make one election that will cover all governmental departments
or agency units; or
B) Local
governments can make an election per individual governmental department or
agency unit.
2) If a
governmental department or agency unit receives more than $35 million in direct
federal funding, it must submit an indirect cost rate proposal to its federal
cognizant agency. The State of Illinois cannot negotiate an indirect cost rate
for local governmental departments or agency units receiving more than $35
million in direct federal funding.
A) If the
governmental department or agency unit chooses not to negotiate a rate with its
federal cognizant agency, no indirect costs can be reimbursed.
B) If the
federal cognizant agency will only negotiate a rate for its administered
programs, the local government shall provide the federal refusal to negotiate
to GATU. The local government will then be eligible to elect to negotiate a
State Rate.
3) If the
local governmental department or agency unit receives less than $35 million in
direct federal funding, it must make an indirect cost rate election
through ICRES and submit the proposal in the Indirect Cost Rate Negotiation System.
A) Per UR
appendix VII, these governmental departments or agency units must develop an
indirect cost proposal in accordance with this subsection (g) and maintain the
proposal and related supporting documentation for audit and monitoring. The
local government must make the election of a Federal Rate Maintained Internally
(FRMI) in ICRES.
B) These indirect
cost rate proposals shall be submitted to the Indirect Cost Rate Negotiation
System for review and monitoring.
C) The
State of Illinois is required to monitor the rate. Monitoring includes
reviewing the allocation methodology for reasonableness and to ensure no
unallowable costs are included in the rate methodology.
4) If a
local governmental department or agency unit does not receive direct federal
funding, it must make an election through ICRES and if applicable, submit an
indirect cost rate proposal through the centralized Indirect Cost Rate Negotiation
System.
5) All
local governments that use a central service cost allocation plan must submit
this plan in conjunction with an indirect cost rate proposal.
h) Requirements
for Nonprofits
1) Except
as otherwise provided in 2 CFR 200.414(f), nonprofits that receive direct
federal funding must negotiate an indirect cost rate with their federal
cognizant agency. They may elect the de minimis rate through the federal
cognizant agency.
A) If the
nonprofit chooses not to negotiate a rate with its federal cognizant agency, no
indirect costs can be reimbursed.
B) If the
federal cognizant agency will only negotiate a rate for its administered
programs, the nonprofit shall inform GATU of the federal agency's refusal to
negotiate. The nonprofit is then eligible to make an election in ICRES.
2) The
State of Illinois cannot negotiate an indirect cost rate for nonprofits that receive
direct federal funding.
i) Retention
of Indirect Cost Rate Proposals and Central Service Cost Allocation Plans
This subsection applies to the
following types of documents and their supporting records: indirect cost rate
computations or proposals, central service cost allocation plans, and any
similar accounting computations of the rate at which a particular group of
costs is chargeable (such as computer usage chargeback rates or composite
fringe benefit rates).
1) If
Submitted for Negotiation
If the proposal, plan or other
computation is required to form the basis for negotiation of the rate, the
3-year retention period for the supporting record starts from the date of that
submission.
2) If
Not Submitted for Negotiation
If the proposal, plan or other
computation is not required for negotiation purposes, the 3-year retention
period for the proposal, plan or computation and its supporting records starts
from the end of the fiscal year (or other accounting period) covered by the
proposal, plan or other computation.
(Source: Amended at 49 Ill. Reg. 3947,
effective March 20, 2025)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.430 RECORDS RETENTION
Section 7000.430 Records Retention
a) Financial
records, supporting documents, statistical records, and all other awardee
records pertinent to a State-issued award shall be retained for 3 years after
the date of submission of the final expenditure report or, for awards renewed
quarterly or annually, after the date of the submission of the quarterly or
annual financial report to the State agency. Awardees that are State or local
government agencies must retain financial records, supporting documents,
statistical records, and all other awardee records pertinent to a State-issued
award in accordance with the State Records Act [5 ILCS 160] and the Local
Records Act [50 ILCS 205].
b) State
agencies shall not impose any other record retention requirements upon
awardees, with the following exceptions:
1) If
any litigation, claim or audit is started before the expiration of the 3-year
period, the records must be retained until all litigation, claims or audit
findings involving the records have been resolved and final action taken.
2) When
the awardee is required in writing by the State agency or the Auditor General
to follow a different retention policy, that policy shall be followed.
3) Records
for real property and equipment acquired with State funds must be retained for
3 years after final disposition.
4) When
records are transferred to or maintained by the agency, the 3-year retention
requirement is not applicable to the awardee.
5) When
awardees are required to report program income after the period of performance,
the retention period for the records pertaining to the program income starts
from the end of the awardee's fiscal year in which the program income is
earned.
6) Refer
to Section 7000.420(i) for retention requirements regarding indirect cost rate
proposals and cost allocation plans.
c) Requests
for Transfer of Records
The State agency shall require the
awardee to transfer specified records to its custody when it determines that
the records have long-term retention value. However, to avoid duplicate
recordkeeping, the agency may make arrangements for the awardee to retain any
records that are continuously needed for joint use.
d) Methods
for Collection, Transmission and Storage of Information
The State agency and the awardee
shall, whenever practicable, collect, transmit and store State-issued award related
information in open and machine-readable formats, but the agency shall always
provide or accept paper versions upon request. If paper copies are submitted,
the agency shall not require more than an original and 2 copies. When original
records are paper, electronic versions may be made and substituted if they are
subject to periodic quality control reviews, provide reasonable safeguards
against alteration, and remain readable.
e) Access
to Records
1) Awardee
Records
Any entity of the State,
including, but not limited to, the State agency, the Auditor General, the
Attorney General, any Executive Inspector General, and the Inspector General of
the State agency, as applicable, and the federal awarding agency, Inspectors General,
the Comptroller General of the United States, when applicable, or any of their
authorized representatives, shall have access to any documents, papers or other
records of the awardee that are pertinent to the grant to make audits,
examinations, excerpts and transcripts. The right also includes timely and
reasonable access to the awardee's personnel for the purpose of interview and
discussion related to these documents.
2) Confidentiality
for Crime Victims
Pursuant to the Rights of Crime
Victims and Witnesses Act and other Illinois victim protection laws, only under
extraordinary and rare circumstances shall the access in subsection (f)(1)
include knowledge of the true names of victims of a crime. When access to the
true names of victims of a crime is necessary, appropriate steps to protect
this sensitive information shall be taken by both the awardee and the State
agency. Any access to this information, other than under a court order or
subpoena issued by a court of competent jurisdiction pursuant to a bona fide
confidential investigation, shall be approved by the head of the State agency.
3) Expiration
of Right of Access
The right of access granted by
this Section lasts as long as the records are required to be retained. State
agencies shall not impose any other access requirements upon awardees.
f) Restrictions
on Public Access to Records
No State agency shall place
restrictions on the awardee limiting public access to the awardee's records
pertinent to a State-issued award, except as required by law, when necessary to
safeguard protected personally identifiable information or when the awardee
demonstrates that these records will be kept confidential and would have been
exempted from disclosure by FOIA if the records had belonged to the State agency.
FOIA does not apply to records that remain under an awardee's control except as
required under this Section. Unless required by federal or State statute,
awardees are not required to permit public access to their records. The
awardee's records provided to a State agency generally will be subject to FOIA
and applicable exemptions.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.440 GRANT CLOSEOUT
Section 7000.440 Grant Closeout
a) The
State agency will close out the award when it determines that all applicable
administrative actions and all required work of the awardee have been completed
by the awardee.
b) The
awardee and the State agency shall take the following action to complete grant
closeout at the end of the period of performance:
1) The
awardee must submit, no later than 60 calendar days after the end date of the
period of performance, all financial, performance and other reports required by
the Grant Agreement. The State agency may approve extensions when requested. Extensions
shall only be issued under extraordinary circumstances that were not in the
control of the awardee.
2) Unless
the State agency authorizes an extension, an awardee must liquidate all
obligations incurred under the grant not later than 60 calendar days after the
end of the period of performance specified in the Grant Agreement.
3) The
State agency shall make prompt payments to the awardee for allowable
reimbursable costs under the grant.
4) Within
45 days after the end of the grant term, the awardee must refund any balances
of unobligated cash that the agency paid in advance and that are not authorized
to be retained by the awardee for use in other projects.
5) Consistent
with the Grant Agreement, the State agency shall make a settlement for any
upward or downward adjustments to the State and federal share of costs after
closeout reports are received.
6) The
awardee must account for any real and personal property acquired with State
funds or received from the State.
7) The
State agency shall complete all closeout actions for State-issued awards no
later than one year after receipt and acceptance of all required final reports.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
 | TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING,
PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000
GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.450 CONTINUING RESPONSIBILITIES
Section 7000.450 Continuing Responsibilities
a) The
closeout of a State-issued award does not affect any of the following:
1) The
right of the State agency to disallow costs and recover funds based on a later
audit or other review. The agency must make any cost disallowance determination
and notify the awardee within the record retention period.
2) The
obligation of the awardee to return any funds due as a result of later refunds,
corrections or other transactions, including final indirect cost rate
adjustments.
3) Consolidated
year-end financial report. (See Section 7000.90(h).)
4) Audit
requirements established in this Part.
5) Property
management and disposition requirements in UR sections 200.310 through 316.
6) Records
retention. (See Section 7000.430.)
b) After
closeout of the grant, a relationship created under the Grant Agreement may be
modified or ended in whole or in part with the consent of the agency and the
awardee, provided the responsibilities of the awardee referred to in subsection
(a) are considered and provision is made for continuing responsibilities of the
awardee, as appropriate.
c) Collection
of Amounts Due
1) Any
funds paid to the awardee in excess of the amount to which the awardee is
finally determined to be entitled under the Grant Agreement constitute a debt
to the State of Illinois. If not paid within 60 calendar days after demand, the
State agency may reduce the debt by:
A) Making
an administrative offset against other requests for reimbursements;
B) Withholding
advance payments otherwise due to the awardee;
C) Arranging
a repayment plan; or
D) Other
action permitted by the Illinois State Collection Act of 1986.
2) The
agency shall charge interest on an overdue debt in accordance with the Illinois
State Collection Act of 1986. The date from which interest is computed is not
extended by litigation or the filing of an appeal.
(Source: Amended at 47 Ill. Reg. 7893,
effective May 26, 2023)
AUTHORITY: Implementing and authorized by the Grant Accountability and Transparency Act [30 ILCS 708].
SOURCE: Adopted at 39 Ill. Reg. 10777, effective July 24, 2015; former Part repealed at 42 Ill. Reg. 18913 and new Part adopted at 42 Ill. Reg. 18916, effective October 5, 2018; amended at 47 Ill. Reg. 7893, effective May 26, 2023; amended at 49 Ill. Reg. 3947, effective March 20, 2025.
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