FFY27 OGR Subrecipient Grant Conditions - HSD.pdf

Updated September 2026 – HSD

Office of Grants and Research (OGR) Executive Office of Public Safety and Security

General Subrecipient Grant Conditions

Department / Organization Name:_______________________________________

(Print or Type)

Information for Authorized Signatories The Office of Grants and Research (OGR) requires signatures from authorized signatories on the following forms:

• Standard Contract Form including contract amendments

• Electronic Fund Transfer (EFT) Authorization Form

• Form W-9

• The Massachusetts Substitute Form W-9

• Interdepartmental Service Agreements including amendments

• Office of Grants and Research General Subgrant Conditions

Acceptable Forms of Signature OGR will accept signatures executed by an authorized signatory in any of the following formats:

1. A traditional “wet signature” (ink on paper).

2. An Electronic signature that is either:

a. Hand drawn using a mouse or finger if working from a touch screen device

b. An uploaded picture of the signatory’s hand drawn signature

3. Electronic signatures are affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date.

Note: If using an electronic signature, the signatory’s name and title and date of signing must accompany the signature in plain sight. Typed text in a cursive font not generated by a digital tool (Adobe Sign, DocuSign, etc.)

will not be accepted.

Instructions for Authorized Signatories

1. Read and initial all pages where indicated.

2. Sign and date as applicable, where indicated.

3. See Addendum 5 for special conditions associated with the specific federal grant-stream that is the source of the award and initial where indicated.

4. If the source of the award is NOT federal funds or there are no special conditions, Addendum 5 will indicate N/A and should be initialed, nonetheless.

5. Return the fully executed General Subrecipient Grant Conditions with the fully executed Commonwealth of Massachusetts Standard Contract Form or Interdepartmental Service Agreement.

Note: Your signature on the Standard Contract or Interdepartmental Service Agreement certifies that you have read and agreed to comply with all conditions, certifications, and obligations therein. Failure to comply with any conditions may result in termination of the contract or other consequences.

Additional Instructions for Law Enforcement Subrecipients Read and sign Addendum 1: Additional OGR Conditions for Law Enforcement Agencies

Additional Instructions for Research Subrecipients Read and sign Addendum 2: Additional Instructions for Research Subrecipients

Subrecipients of Federal Grant Funds Subrecipients receiving federal grant funds administered by OGR, must comply with the following three grant conditions that are addressed in this primary document.

• Federal Conditions

• State Conditions; and

• OGR Conditions

Federal Conditions: Federal conditions are based on laws passed by Congress, regulations issued by the federal department making the funds available and published in the Code of Federal Regulations (CFR), and financial guidance also created by the federal department making the funds available. Additionally, in most cases, there are requirements and conditions associated with specific federal grant-streams, which are not conditions of receipt of federal funds generally. (Note: See Addendum 5 for specific conditions associated with a specific federal grant-stream.)

State Conditions: State conditions are established in laws passed by the Massachusetts Legislature and orders and rules established by the Governor. They are referenced in the Standard Contract Form itself and in the pages attached to it.

OGR Conditions: OGR conditions outline the further administrative requirements for each grant award established by the Executive Office of Public Safety and Security (EOPSS) and Office of Grants and Research

(OGR).

Subrecipients of State Grant Funds When receiving a grant award from state funds administered by OGR, subrecipients must comply with the following two general grant conditions that are addressed in this primary document:

• State Conditions; and

• OGR Conditions

Federal Grant Fund Conditions The basic federal grant conditions below apply to all federal grants, regardless of the federal department making the funds available.

• Audit Requirements of Federal Funds o 2 CFR 200 Subpart F Audit Requirements Audit required. A non-Federal entity that expends

$1,000,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part.

o (b) Single audit. A non-Federal entity that expends $1,000,000 or more in Federal awards during the non-Federal entity's fiscal year must have a single audit conducted in accordance with § 00.514 except https://www.ecfr.gov/cgi-bin/text-idx?SID=4e38ba6e62da09921cb2ef0d8a38a4e9&mc=true&node=sp2.1.200.f&rgn=div6%20%20 https://www.ecfr.gov/current/title-2/section-200.514 when it elects to have a program-specific audit conducted in accordance with paragraph (c) or (d) of this section o Program-specific audit election (in general). A non-Federal entity may elect to have a program-specific audit conducted in accordance with § 200.507 if the following conditions are met:

▪ (1) The Non-Federal entity expends Federal awards under only one Federal program (excluding research and development); and

▪ (2) The Federal program's statutes or regulations, or terms and conditions of the Federal award, do not require a financial statement audit of the non-Federal entity.

o Exemptions when Federal awards expended are less than $1,000,000. A non-Federal entity that expends less than $1,000,000 in Federal awards during its fiscal year is exempt from Federal audit requirements for that year, except as noted in § 200.503. However, in all instances, the records of the non-Federal entity must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and the Government Accountability Office (GAO).

o OGR defines the 12 months as July 1 to June 30. The above webpage provides the full text of this basic federal grant requirement.

• Unique Entity Identifier (UEI) and System for Award Management (SAM) o All subrecipients of federal funds MUST have a 12-character alphanumeric UEI ID. For more information: Visit SAM.gov | Home o All subrecipients of federal funds must maintain annual registration in the SAM database: SAM.gov |

Home

• Transparency Act Reporting for Federal Funds - Subaward Reporting in SAM.GOV o The Federal Funding Accountability and Transparency Act (FFATA) requires EOPSS to report on a federal website specific award and subrecipient identifying information for each award greater than $30,000 OGR makes with federal funds it received after October 1, 2010. Prior to receiving funds, certain affected subrecipients must report certain information to OGR so that EOPSS may fulfill its FFATA reporting requirements. Data reported by EOPSS may be viewed at www.USASpending.gov.

• Cost Principles for Federal Grants to non-federal entities, including State and Local Governments, Non-Profit Organizations, and Institutions of Higher Education o 2 CFR Part 200 Subpart E – Cost Principles. These regulations list and define general categories of costs that are both allowable and unallowable. Examples are included below.

▪ The cost of alcoholic beverages is unallowable.

▪ Costs incurred by advisory councils are allowable.

▪ Audit costs are allowable.

▪ Compensation costs are allowable so long as they are consistent with that paid for similar work in other activities of the local government.

▪ Entertainment costs are unallowable.

▪ Equipment costs are allowable with the prior approval of OGR.

• To conform with OMB’s government-wide Guidance for Federal Financial Assistance, the monetary threshold for equipment purchases has increased from $5,000 to $10,000 [see: 23 CFR 1300.31(d)]. Any equipment purchase of over $10,000 will require approval from the federal awarding agency.

https://www.ecfr.gov/current/title-2/section-200.501#p-200.501(c) https://www.ecfr.gov/current/title-2/section-200.501#p-200.501(d) https://www.ecfr.gov/current/title-2/section-200.507 https://www.ecfr.gov/current/title-2/section-200.503 https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/fsrs http://www.usaspending.gov/ https://www.ecfr.gov/cgi-bin/text-idx?SID=7201b56a7ff8d394e6348c5d6bb75ce6&mc=true&node=sp2.1.200.e&rgn=div6%23se2.1.200_1423

• When replacing equipment purchased with federal funds, the equipment to be replaced may be used as a trade-in or can be sold with the proceeds used to offset the cost of the replacement equipment. In addition, during the period of the contract with OGR, insurance on the equipment is allowable. Information required to be captured and recorded appears in (Addendum 4).

• 2 CFR 200.214 Suspension and Debarment o Non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. The regulations in 2 CFR part 180 restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

• The 2 CFR Part 200 Appendices and links referenced below also apply to State and Local Governments, Non-Profit Organizations, and Institutions of Higher Education (IHEs) o Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards o Appendix III to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate

Determination for Institutions of Higher Education (IHEs) o Appendix IV to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate

Determination for Nonprofit Organizations o Appendix V to Part 200—State/Local Government wide Central Service Cost Allocation Plans o Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals o Appendix VIII to Part 200—Nonprofit Organizations Exempted from Subpart E—Cost Principles of

Part 200

• 2 CFR 200.414(f) De Minimis Indirect Rate o Recipients and subrecipients that do not have a current Federal negotiated indirect cost rate (including provisional rate) may elect to charge a de minimis rate of up to 15% of modified total direct costs

(MTDC).

• Nondiscrimination Requirements o If you receive federal funds, you must comply with and require subcontractors, if any, to comply with all applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C.

§ 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); Ex.

Order 13279 (equal protection of the laws for faith-based and community organizations); and 28 C.F.R.

pt. 38 (U.S. Department of Justice Equal Treatment for Faith-Based Organizations).

o Per Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968, you must take reasonable steps to provide meaningful access for persons with limited English proficiency.

o In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, you must forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and to OGR.

https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/cgi-bin/text-idx?SID=86e0ea24e516ec83ae02f76d8e741394&mc=true&node=ap2.1.200_1521.ii&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=86e0ea24e516ec83ae02f76d8e741394&mc=true&node=ap2.1.200_1521.iii&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=86e0ea24e516ec83ae02f76d8e741394&mc=true&node=ap2.1.200_1521.iv&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=86e0ea24e516ec83ae02f76d8e741394&mc=true&node=ap2.1.200_1521.v&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=a7f002fba259e5d1bb85345b5ab7de98&mc=true&node=ap2.1.200_1521.vii&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=86e0ea24e516ec83ae02f76d8e741394&mc=true&node=ap2.1.200_1521.viii&rgn=div9 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.414#p-200.414(e)(5) o In accordance with federal civil rights laws, you shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws.

• Human Subjects Protection o For Research Subrecipients only. See (Addendum 2)

Additional Federal Department-Specific Grant Conditions While the conditions above applies to all Federal grants, each Federal department can impose additional conditions associated with specific grants ⮚ U.S. Department of Justice Funds

The U.S. Department of Justice (DOJ) offers a Financial Guide that presents grant requirements as defined by this federal agency. All subrecipients of these funds must adhere to these requirements.

o DOJ Financial Guide: http://www.ojp.usdoj.gov/financialguide/index.htm.

▪ Pay particular attention to the sections on (1) matching or cost-sharing, (2) allowable costs, (3) unallowable costs, (4) procurement under awards of federal assistance, (5) costs requiring prior approval, (6) equipment, and (7) retention and access requirements for records.

▪ If you receive DOJ grant funds, you may be required to comply with the regulatory requirement to develop, maintain on file, and submit for review to the Office for Civil Rights, Office of Justice Programs and to OGR an Equal Employment Opportunity Plan (EEOP). (As of March 11, 2025 DOJ/OCR has temporarily paused this process until further notice).

⮚ U.S. Department of Transportation Funds The National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation adheres to adheres to 2 CFR Part 200 grant requirements. If you receive these funds, you must adhere to these requirements.

NHTSA offers documents that present requirements for the use of the funds and outline the purpose of each category of grants provided. Programmatic and financial guide documents from NHTSA can be found in the Resources Guide page here: https://www.nhtsa.gov/highway-safety-grants-program/resources-guide#13676 Note: All contracts under NHTSA funding that are in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

⮚ U.S. Department of Homeland Security Funds The U.S. Department of Homeland Security adheres to 2 CFR Part 200 grant requirements. If you receive these funds, you must adhere to these requirements.

The link to the Code of Federal Regulations: 2 CFR Part 200 Additional grant information may be found in the DHS/FEMA Preparedness Grants Manual Because of the importance of equipment purchases for the program, specific information and guidance on allowable equipment purchases may be found at: https://www.fema.gov/grants/guidance-tools/authorized-equipment-list.

State (MA) Grant Fund Conditions For cities, towns, other public entities, non-profit organizations receiving state grant funds, the primary state conditions are included in the Contractor Certifications and Legal References document attached as Addendum 3 http://www.ojp.usdoj.gov/financialguide/index.htm https://www.nhtsa.gov/highway-safety-grants-program/resources-guide#13676 https://www.nhtsa.gov/highway-safety-grants-program/resources-guide#13676 https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.fema.gov/grants/preparedness/manual https://www.fema.gov/grants/guidance-tools/authorized-equipment-list https://www.fema.gov/grants/guidance-tools/authorized-equipment-list

(which is excerpted from the Instructions for the Standard Contract Form). Please pay attention to the specific certifications, legal references, and links in Addendum 3.

Note: Your signature on the Standard Contract or Interdepartmental Service Agreement certifies that you have read and agreed to comply with all conditions, certifications, and obligations therein. Failure to comply with any conditions may result in termination of the contract or other consequences.

Office of Grants and Research Conditions In addition to the federal and state general grant conditions outlined above, EOPSS and OGR have certain grant conditions that are essential to the administration of grant awards. Whether subrecipients are receiving funds from a federal or state grant, they must adhere to these conditions. Federal and State Conditions must be adhered to by subrecipients of federal grant funds.

• Drug-Free Workplace - Drug-Free Workplace Certification o As the recipient, you must comply with drug-free workplace requirements in Subpart B (or Subpart

C, if the recipient is an individual) of part 421, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8106).

• Time Extensions of Contracts o While uncommon, time extensions may be granted at the option of OGR. They are not encouraged or guaranteed.

o If a subrecipient needs additional time to complete the scope of work for the grant award, OGR may approve a time-only extension as long as the contract with the revised end date is executed by both the subrecipient and OGR before the end date of the current contract.

o No time extension will be permitted if the amended contract form is executed after the current contract end date.

o Requests for time extensions must be made at least 30 days before the end date of the current contract.

• Remaining Balances o Any amount of an award remaining at the expiration of a contract or Interdepartmental Service

Agreement will be reverted to OGR.

• Interdepartmental Service Agreement Spending o Interdepartmental Service Agreement (ISA) spending must adhere to the dates specified in the ISA and follow the policy in the ISA as dictated by the Office of the Comptroller (CTR).

o ISA Terms and Conditions (Link: MMARS POLICY: PROCUREMENT/CONTRACTS) o ISA- Anticipated Start Date. The Buyer/Parent and Seller/Child Departments must certify when obligation under this ISA or Amendment may be incurred.

▪ Pursuant to 815 CMR 6.03(2), the effective date of an ISA shall be the latest of the following:

• The date the ISA was executed by an authorized signatory of the Buyer Department.

• The date the ISA was executed by an authorized signatory of the Seller Department; or

• A later date as specified in the ISA o All goods must be received, and all services must be rendered by the end date of the ISA or contract.

Receipt of goods and services occurring after the specified ISA end date may result in denial of those https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IV/part-421 https://www.ecfr.gov/current/title-2/part-182 https://www.ecfr.gov/current/title-2/part-182 https://www.govinfo.gov/link/uscode/41/8101 https://public.powerdms.com/MAComptroller/documents/1779234 costs. The Seller (child department) will be responsible for covering those costs with an account other than that funding the ISA.

• Accounts Payable Period o Each Interdepartmental Service Agreement has a defined accounts payable period.

o ALL payments must be completed and disbursed by the end date of the specified accounts payable period within the ISA.

Note: Subrecipients Child department may not ask the Office of the Comptroller to extend an end date of the program code associated with the ISA without prior agreement by OGR. Should this occur, OGR will deny costs against the ISA. If the costs have already been accepted in MMARS, OGR will ask the “child” department to execute an expenditure correction transaction in MMARS to move those costs to another account belonging to the department.

• Spending o An ISA that crosses a state fiscal year (ending June 30) into the next fiscal year, must observe the

Commonwealth’s policies on payment corrections or overpayments.

o That is, any unallowable charges must be corrected with an Expenditure Correction (EX) transaction before August 31.

o All unallowable expenditures including payroll cost must be corrected by the date specified in the

Fiscal Year Close/Open guidance issued each year by the Office of the State Comptroller. Any overpayments must be corrected with an Expenditure Refund transaction before August 31.

• Reporting o OGR requires all financial reports to be submitted along with a Warehouse Query and Labor Cost

Management Query (for ISAs only) detailing the expenditures made for that period by the child department. Documentation to support the match is also required if a non-federal match is required.

o All spending outside of the approved cost categories requires a budget modification.

o At OGR’s discretion, reimbursement will be held until reporting requirements are met.

• Requests for Reimbursement and Financial Reports o All requests for reimbursements and financial reports MUST be received by OGR fifteen (15) days after the end of the reporting period.

o Those received after the required time frame may result in non-payment at the option of OGR. Should this occur, OGR will notify the subrecipient of the non-payment for this reason.

o Reimbursement under a subsequent contract may also be withheld pending resolution of any outstanding documentation or other requirements not fulfilled to the satisfaction of OGR. Furthermore, OGR may withhold execution of any subsequent contract.

o If the request for reimbursement is returned because of incomplete documentation, the request and documentation must be resubmitted within the timeframe dictated by OGR.

• Programmatic and Financial Reports must be received in accordance with the requirements of the specific award. At the option of OGR, reimbursement will be held until all reporting requirements are met.

• Allowable grant-related travel costs will be paid at the lesser rate of $.70 per mile or the subrecipient’s normal reimbursement rate. This rate is subject to change. Tolls and parking for grant-related local travel may also be paid. Receipts are required.

• Indirect cost rates will not be reimbursed based on a percentage rate without documentation of the rate having been approved by a federal agency.

• When a percentage rate has not been approved by a federal agency, a subrecipient may request of OGR allowable direct costs that will be incurred and can be specifically allocated to the project being funded.

*** Costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time.

• Procurement Practices of subrecipient agencies must be followed. The subrecipient should ensure that its procurement practices conform to any specific federal guidelines found in the references in the federal conditions section above. Where there is a difference between the practices of the subrecipient agency/organization and a federal guideline, the more restrictive procedure applies.

• Timesheets must be maintained by subrecipients for work performed by its employee(s) paid for with grant funds. Timesheets must show the hours worked and paid for with grant funds and must be signed by the employee(s).

*** COMINGLING OF GRANT FUNDS IS STRICTLY PROHIBITED ***

• Submission of “Federal OMB Circular 2 CFR 200 Audit Form (formerly OMB Circular A-133

• Audit required. A non-Federal entity that expends $1,000,000 in Federal award during the non-Federal entity's fiscal year must have a single or program-specific audit conducted for that year in accordance with the provisions of this part.

o Subrecipients will submit the form to OGR at the end of the fiscal year after the completion of a single or program-specific audit of their federal funds. Subrecipients must indicate if they were required to have an audit and if so, to identify any findings related to the federal funds awarded by OGR.

• Site visits and other monitoring of subrecipients will be conducted by OGR periodically. All records, papers, and other documents of any kind related to the funded activity must be made available promptly upon request for inspection and copying to any person authorized by OGR.

• Grant-related documents for federal awards must be retained for a period of six years from the close of the contract. Grant related documents funded with state funding must be retained for six years after the end of the contract.

• Evaluations of a subrecipient’s funded program by an outside evaluator during or at the conclusion of the project period should be reported to OGR in writing and a copy of the evaluation should be provided.

• Reporting Alleged Fraud, Waste, or Abuse to the Office of the State Auditor or Inspector General and/or to an applicable federal agency is the responsibility of the subrecipient. This includes any alleged violations, serious irregularities, sensitive issues or overt or covert acts involving the use of public funds in a manner not consistent with federal statutes, related laws, regulations, appropriate guidelines, or purposes of the grant.

• Award sub-recipients must accept their award no later than 30 days from the award date. Failure to accept a grant award within the 30-day timeframe may result in a loss of funds.

• Use of funds should begin within 90 days of the start of the contract, and if they are not, the subrecipient must report to OGR the steps taken to initiate the grant activities, the reasons for the delay, and the expected start of the use of the funds o If meaningful implementation steps have not begun after 90 days of the grant start date, OGR reserves the right to cancel the contract.

• Subcontractors implementing activities with grant funds must adhere to the grant provisions in this document and should be approved by OGR prior to subrecipients executing subcontracts.

• Instructional Materials o Materials created or produced with grant funds will be “work made for hire,” as defined in United

States copyright law, and EOPSS/OGR shall be considered the author.

o EOPSS/OGR shall be the sole owner of all rights pertaining to these materials, including copyrights and all rights to use, reproduce, or publish the materials, and subrecipients may not use, reproduce, or distribute such materials without prior written the approval of OGR. If a project results in the production of other original books, manuals, or copyrightable material, unless otherwise provided in the contract documents, EOPSS/OGR reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, translate or otherwise use, and authorize others to publish and use, such material.

If paid with federal funds, the grant number must appear on the materials. Any materials produced as a result of a grant award from this agency should name the grant program, award number, and state “Funding provided by EOPSS Office of Grants and Research”. Please contact your OGR point of contact if you need assistance with this disclosure.

o Audiovisual or Written Materials developed as part of the grant may be required to incorporate specific language or disclaimers (e.g., regarding the federal source of funding) and in some instances pre-approval from the federal funding agency as instructed by the OGR grant manager.

⮚ Initials: ________

OVERTIME POLICY FOR SUBRECIPIENTS RECEIVING FEDERAL FUNDS

This policy is intended to provide general guidance applicable to all OGR state and federal funding streams.

Subrecipients are responsible for complying with award-specific state/federal requirements, which may be more restrictive - in which case, the most restrictive requirement applies.

Note: Each grant award has different criteria governing which personnel may be reimbursed for overtime costs, whether overtime or backfill is allowable, and what documentation is required. Subrecipients must:

• Review their specific grant application and award conditions;

• Consult with their OGR point of contact for clarification regarding any questions; and

• If questions persist, consult department or municipal counsel for legal advice.

For the purposes of this policy, the following definitions apply:

Overtime - Expenses limited to the additional costs that result from state and local first responders such as sworn law enforcement personnel working over and above their weekly full-time/part-time schedule as a direct result of their performance of approved activities related to the project receiving grant funding.

Backfill-related Overtime - Expenses resulting from personnel working overtime to perform the duties of other personnel who have been temporarily reassigned to an approved grant activity. Under NHTSA-funded programs, backfill is not permissible and may not be used to cover a regular patrol shift as doing so would replace routine departmental expenses, which constitutes supplanting.

Subrecipient - An entity receiving a grant award from OGR.

First Responder - State or local law enforcement, fire services, emergency medical services, emergency management, health care, hazardous materials, public safety communications, public health, public works, and government administrative type employees.

• If the grant award permits, state and local first responders eligible through their department for backfill and/or overtime costs (must be pre-approved by OGR) may be reimbursed for these costs when necessary, reasonable, and solely related to grant-funded activities.

• A copy of the department’s overtime policy (which may include an excerpt from a collective bargaining agreement) must be submitted with the application.

• Overtime rates charged to a state or federal grant award shall be consistent with the subrecipient’s established overtime policies and applicable wage laws. If an agency does not have an established overtime policy, rates must be calculated in accordance with federal and state laws and applied consistently across federal and non-federally funded activity.

• Reimbursement for overtime hours being charged against a state or federal grant award administered by OGR may only be sought for actual hours worked, regardless of union contract rules and minimum overtime guarantees.

o For example, an officer working two (2) hours of overtime on a federally-funded project is prohibited from charging the grant award for four (4) hours of overtime mandated under a union contract rule. A department that must pay officers for a minimum number of overtime hours must cover any hours exceeding actual time worked using their own state or local budget. Departments violating this policy will be subject to immediate termination of a grant award and repayment of all misspent funds to OGR.

• Permissible grant-funded overtime may not be created or manipulated for the purpose of charging a state or federal grant a higher rate of pay than would otherwise apply. Subrecipients shall not approve, schedule, or encourage the use of paid leave (e.g., paid time off) in a manner designed to shift grant-funded activities into overtime status that would otherwise not exist (e.g., fall within regular hours of an officer’s full-time/part-time schedule.)

o For example, subrecipients may not encourage or approve of the use of paid leave (e.g., paid time off), regardless of union contract rules, for officers attending permissible grant-related training during hours that would otherwise constitute the officer’s regular full-time/part-time schedule for the purpose of charging a state or federal grant a higher rate of pay than would otherwise apply

By signing below, I am acknowledging that I have read and understand the federal rules associated with the use of grant funding for Overtime Costs.

Signature of Authorized Signatory Date

Printed Name Title

Addendum 1: Additional OGR Conditions for Law Enforcement Agencies

Law enforcement agencies are subject to mandatory reporting requirements of various information, including but not limited to the reporting requirements listed below. EOPSS and OGR may withhold reimbursements, cancel a contract, or withhold execution of any future grants for law enforcement agencies that do not comply with reporting requirements.

• Crime Data Reporting. Law enforcement organizations must submit timely and satisfactory monthly Uniform Crime Reporting (UCR) or National Incident Based Reporting System (NIBRS) reports to the Commonwealth’s Crime Reporting Unit at the Commonwealth Fusion Center. If your organization has hardware and software that support the creation of NIBRS data, crime data must be submitted to the Crime Reporting Unit in that format.

• Motor Vehicle Accident Reporting. Police departments are required to report to the Registry of Motor Vehicles, within 15 days, accidents in which death, injury, or property damage in excess of $1,000 occurs (M.G.L. c. 90, § 29). The crash reports can be delivered to the Registry of Motor Vehicles (RMV) main office through post office mail or through electronic submission. You may contact the RMV headquarters for any additional information.

• Juvenile Lockup Data. Law enforcement agencies that maintain a juvenile lockup must submit monthly juvenile lockup data to the Department of Criminal Justice Information Services via CJIS/LEAPS. Contact OGR's Juvenile Justice Program Coordinator for additional information.

• Fingerprint Cards. Law enforcement agencies must regularly submit fingerprint cards for all felony arrests to the Identification Section at the Massachusetts State Police Crime Lab as required by state law (M.G.L. c.

263, § 1A; G.L. c. 94C, § 45).

• Toxicology Kits. All toxicology kits associated with either reported or unreported sexual assault evidence collection kits (SAECK) must be submitted to the State Police Crime Lab.

• Reporting of a firearm, rifle or shotgun, large capacity weapon, machine gun or assault weapon used to carry out a criminal act. Law enforcement must comply with M.G.L. chapter 140 Section 131Q and ensure a firearm, rifle or shotgun, large capacity weapon, machine gun or assault weapon used to carry out a criminal act is traced by the licensing authority for the city or town in which the crime took place. The licensing authority then must report readily available statistical data to the commonwealth fusion center. The data shall include, but not be limited to: (i) the make, model, serial number and caliber of the weapon used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv) whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known gang activity; (vii) whether the weapon was obtained illegally; (viii) whether the weapon was lost or stolen; and (ix) whether the person using the weapon was otherwise a prohibited person.

• [ ] N/A

Addendum 2: For Research Grants Only

Human Subjects Protection

• Research subrecipients must check one of the statements below.

[ ] a. The research activities covered under this Contract/ISA do not involve human subjects.

[ ] b. The research activities covered under this Contract/ISA do involves human subjects.

If the research activities involve human subjects (option b), then the subrecipient agrees to certify compliance with 28 C.F.R. Part 46 regulations by completing, “Protection of Human Subjects, IRB Certification, Declaration of Exemption (Common Rule).” This form is available at the National Institute of Justice webpage at https://nij.ojp.gov/funding/human-subjects-protection.

The regulation for The Protection of Human Subjects 28 C.F.R Part 46 section 46.101(b) (1-6) defines categories of research involving human subjects that are exempt from its provisions. Details on exemptions can be found at the same National Institute of Justice webpage listed above.

Addendum 3: Excerpts from Commonwealth’s Standard Contract

CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES - CTR Updated 2/23/2026

Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified, subject to any required approvals. The Contractor makes all certifications required under this Contract under the pains and penalties of perjury and agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein.

Commonwealth and Contractor Ownership Rights The Contractor certifies and agrees that the Commonwealth is entitled to ownership and possession of all “deliverables” purchased or developed with Contract funds. A Department may not relinquish Commonwealth rights to deliverables nor may Contractors sell products developed with Commonwealth resources without just compensation. The Contract should detail all Commonwealth deliverables and ownership rights and any Contractor proprietary rights.

Qualifications The Contractor certifies that it is qualified and shall at all times remain qualified to perform this Contract, and that performance shall be timely and meet or exceed industry standards for the performance required, which includes obtaining requisite licenses, registrations, permits, resources for performance, and sufficient professional, liability, and other appropriate insurance to cover the performance. If the Contractor is a business, the Contractor certifies that it is listed under the Secretary of State’s website as licensed to do business in Massachusetts, as required by law.

Laws and Regulations Prohibiting Discrimination and Human Trafficking Contractors acknowledge and certify as a condition of this Contract that they are responsible for complying fully with all state and federal laws prohibiting discrimination, human trafficking, and forced labor, including but not limited to M.G.L.

c. 265 §§ 49-57.

https://nij.ojp.gov/funding/human-subjects-protection https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265

Business Ethics and Fraud, Waste and Abuse Prevention The Contractor certifies that performance under this Contract, in addition to meeting the terms of the Contract, will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse.

Collusion The Contractor certifies that this Contract has been offered in good faith and without collusion, fraud, or unfair trade practices with any other person, and that any actions to avoid or frustrate fair and open competition are prohibited by law and shall be grounds for rejection or disqualification of a Response or termination of this Contract.

Public Records and Access The Contractor shall provide full access to records related to performance and compliance to the Department and officials listed under Executive Order 195 and M.G.L. c. 11, §12 for six (6) years beginning on the first day after the final payment under this Contract or such longer period as necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. Access to view Contractor records related to any breach or allegation of fraud, waste and/or abuse may not be denied and Contractor cannot claim confidentiality or trade secret protections solely for viewing but not retaining documents. Routine Contract performance compliance reports or documents related to any alleged breach or allegation of non- compliance, fraud, waste, abuse or collusion may be provided electronically and shall be provided at Contractor’s own expense. Reasonable costs for copies of non-routine Contract related records shall not exceed the rates for public records under 950 CMR 32.00.

Debarment The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulation including Executive Order 147; M.G.L. c. 29, § 29F; M.G.L. c. 30, § 39R;

M.G.L. c. 149 §§ 27C, 44C and 148B; and M.G.L. c. 152, § 25C.

Applicable Laws The Contractor shall comply with all applicable state laws and regulations including, but not limited to, the Massachusetts General Laws; the Official Code of Massachusetts Regulations; Code of Massachusetts Regulations (unofficial); 801 CMR

21.00 (Procurement of Commodity and Service Procurements, Including Human and Social Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR 1.00 (Compliance, Reporting and Auditing for Human And Social Services); AICPA Standards; confidentiality of Department records under M.G.L. c. 66A; and the Massachusetts Constitution Article XVIII, if applicable.

Invoices All contractors, including statewide contracts, are required to receive payment via Electronic Funds Transfer (EFT). The Contractor must submit invoices in accordance with the terms of the Contract and the CTR Bill Payments Policy. Contractors must be able to reconcile and properly attribute concurrent payments from multiple Departments. Final invoices in any fiscal year must be submitted no later than August 15 for performance made and received (goods delivered, services completed) prior to June 30, in order to make payment for that performance prior to the close of the fiscal year to prevent reversion of appropriated funds. Failure to submit timely invoices by August 15 or other date listed in the Contract shall authorize the Department to issue an estimated payment based upon the Department’s determination of performance delivered and accepted. The Contractor’s acceptance of an estimated payment releases the Commonwealth from further claims for these invoices.

If budgetary funds revert due to the Contractor’s failure to submit timely final invoices, or for disputing an estimated payment, the Department may deduct a penalty of up to 10% from any final payment in the next fiscal year for failure to submit timely invoices.

Payments Subject To Appropriation Pursuant to M.G.L. c. 29 §§ 26, 27 and 29, Departments are required to expend funds only for the purposes set forth by the Legislature and within the funding limits established through appropriation, allotment and subsidiary, including mandated allotment reductions triggered by M.G.L. c. 29, § 9C. A Department cannot authorize or accept performance in excess of an existing appropriation and allotment, or sufficient non-appropriated available funds. Any oral or written representations, commitments, or assurances made by the Department or any other Commonwealth representative are not binding. The Commonwealth has no legal obligation to compensate a Contractor for performance that is not requested and is intentionally delivered by a Contractor outside the scope of a Contract. Contractors should verify funding prior to beginning performance.

https://www.mass.gov/executive-orders/no-195-vendor-contracts https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter11/Section12 https://www.mass.gov/regulations/950-CMR-3200-public-records-access https://www.mass.gov/executive-orders/no-147-governors-code-suspension-and-debarment-of-public-contracts https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section29F https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30/Section39R https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section27C https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section27C https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section44C https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148B https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section25C https://www.mass.gov/regulations/801-CMR-21-procurement-of-commodities-or-services-including-human-and-social-services https://www.mass.gov/regulations/801-CMR-21-procurement-of-commodities-or-services-including-human-and-social-services https://www.mass.gov/regulations/815-CMR-2-state-grants-federal-grant-awards-federal-subgrants-and-subsidies https://www.mass.gov/regulations/808-CMR-100-compliance-reporting-and-auditing-for-human-and-social-services https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66A https://malegislature.gov/laws/constitution#articlesOfAmendment https://www.powerdms.com/public/MAComptroller/documents/1779647 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section26 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section27 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section29 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section26 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section27 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section9C

Intercept Contractors may be registered as Customers in the Vendor file if the Contractor owes a Commonwealth debt. Unresolved and undisputed debts, and overpayments of Contract payments that are not reimbursed timely shall be subject to intercept pursuant to M.G.L. c. 7A, § 3 and 815 CMR 9.00. Contract overpayments will be subject to immediate intercept or payment offset. The Contractor may not penalize any state Department or assess late fees, cancel a Contract or other services if amounts are intercepted or offset due to recoupment of an overpayment, outstanding taxes, child support, other overdue debts or Contract overpayments.

Tax Law Compliance The Contractor certifies under the pains and penalties of perjury: (1) tax compliance with federal tax laws; (2) tax compliance with state tax laws including, but not limited to, M.G.L. c. 62C, § 49A, reporting of employees and contractors, withholding and remitting of tax withholdings and child support; and (3) Contractor is in good standing with respect to all state taxes and returns due, reporting of employees and contractors under M.G.L. c. 62E, withholding and remitting child support including M.G.L. c. 119A, § 12, TIR 05-11, New Independent Contractor Provisions, and applicable TIRs.

Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and Conflicts The Contractor certifies it has not been in bankruptcy or receivership within the last three calendar years which would negatively impact Contractor’s ability to fulfill the terms of this Contract or Amendment. Contractor certifies that it will immediately notify the Department, in writing, of any filing for bankruptcy and/or receivership, any potential structural change in its organization, or if there is any risk to the solvency of the Contractor that may impact the Contractor’s ability to timely fulfill the terms of this Contract or Amendment. The Commonwealth reserves the right to request additional information regarding the financial viability of the Contractor and its ability to perform. The Contractor certifies that at any time during the period of the Contract the Contractor is required to affirmatively disclose in writing to the Department Contract Manager the details of any judgment, criminal conviction, investigation or litigation pending against the Contractor or any of its officers, directors, employees, agents, or subcontractors, including any potential conflicts of interest of which the Contractor has knowledge, or learns of during the Contract term. Law firms or Attorneys providing legal services are required to identify any potential conflict with representation of any Department client in accordance with Massachusetts Board of Bar Overseers (BBO) rules.

Federal Anti-Lobbying and Other Federal Requirements If receiving federal funds, the Contractor certifies compliance with federal anti-lobbying requirements including 31 USC § 1352; other federal requirements; Federal Executive Order 11246; Air Pollution Act; Federal Water Pollution Control Act and Federal Employment Laws.

Protection of Commonwealth Data, Personal Data and Information The Contractor certifies that all steps will be taken to ensure the security and confidentiality of all Commonwealth data for which the Contractor becomes a holder, either as part of performance or inadvertently during performance, with special attention to restricting access, use and disbursement of personal data and information under M.G.L. c. 93H and c. 66A and other applicable state and federal privacy requirements. The Contractor shall comply with M.G.L. c. 93I for the proper disposal of all paper and electronic media, backups or systems containing personal data and information. The Contractor shall also ensure that any personal data or information transmitted electronically or through a portable device is properly encrypted using (at a minimum) the Commonwealth’s “Cryptographic Management Standard” set forth in the Enterprise Information Security Policies and Standards published by the Executive Office for Technology, Services and Security (EOTSS), or a comparable Standard prescribed by the Department.