§ 1180.37 Rejection for technical deficiency-appeal; reconsideration; waiver.

(a) An applicant whose application is rejected because of technical deficiency may appeal such rejection in writing to the Director within 10 days of postmark of notice of rejection.

(b) If an application was rejected because material did not accompany the application, the Director shall reconsider the application upon receipt of material in a timely manner.

(c) As has always been the practice of IMS, the Director waives the requirement in these regulations of certain records under circumstances which would require such waivers where the regulations specifically provide for waiver. (See § 1180.51(b) (Pub. L. 97-394))

§ 1180.38 How grants are processed.

(a)(1) The Director may use one or more groups of experts or readers to evaluate eligible applications.

(2) Each group consists of three or more qualified persons.

(3) In each group there must be at least one person who is not an employee of the Federal Government.

(4) A person may not serve as a member of a group of experts or readers if the person is an employee of the Institute who is regularly involved in grants processing; however, the Director may sign a waiver for such person and that person may serve as a member of a group of experts or read

ers.

(b) When the director uses a group of experts or readers, the group of experts or readers uses the applicable evaluation criteria set forth in the Regulations to evaluate each application.

(c) After the groups of experts or readers have evaluated the applications, a rank ordering of the application is prepared. The rank ordering of the eligible applications is based solely on the evaluations of the applications by the groups of experts.

(d) Subject to § 1180.12, the Director, in consultation with the Board, then determines the order in which applications will be selected. The Director makes these determinations on the basis of the evaluation criteria and any priorities or other program requirements that have been published in the FEDERAL REGISTER. The Director may consider the following in making these determinations:

(1) The application.

(2) The rank ordering of the applications.

(3) Any other information relevant to applicable criteria, priorities, or any other applicable information or requirements. (Cross reference. See § 1180.12)

§ 1180.39 Applications not selected for funding.

If an application is not selected for funding, the Director informs the applicant.

§ 1180.40 How the Institute makes a Special Project grant.

The Director follows the procedures in §§ 1180.41 through 1180.42 to set the amount and determine the conditions of a Special Project grant.

(b) The grantee may not use its grant to pay a consultant unless:

(1) There is a need in the project for the services of that consultant; and

(2) The grantee cannot meet that need through using an employee rather than a consultant.

EVALUATION

§ 1180.46 Evaluation by the grantee.

A grantee shall evaluate at least semi-annually:

(a) The grantee's progress in achieving the objectives set forth in its approved application: and

(b) The contribution of the grant toward meeting the purposes of the Act.

§ 1180.47 Federal evaluation-cooperation by a grantee.

A grantee shall cooperate in any evaluation by the Director of the particular grant program in which grantee has participated.

PUBLICATIONS AND COPYRIGHTS

§ 1180.48 General conditions on publications.

(a) Content of materials. Subject to any specific requirements that apply to its Special Project grant, a Special Project grantee may decide the format and content of Special Project materials that it publishes or arranges to have published.

(b) Required Statement. The grantee shall ensure that any publication that contains Special Project materials also contains the following statement:

The contents of this (insert type of publication, e.g., book, report, film) were developed in whole or in part under a grant from the Institute of Museum Services. However, the contents do not necessarily represent the policy of the Institute, and endorsement by the Federal Government should not be assumed.

§ 1180.49 Copyright policy for grantees.

A grantee may copyright Special Project materials in accordance with government-wide policy applicable to copyright of publications developed under Federal grants.

§ 1180.50 Definition of "Special Project

materials."

As used in §§ 1180.48 through 1180.49, "Special Project materials" means a copy-rightable work developed in whole or in part with funds from a Special Project grant from the Institute.

GENERAL ADMINISTRATIVE

RESPONSIBILITIES

§ 1180.51 Compliance with statutes, regulations, and its approved grant application.

(a) A grantee shall comply with applicable statutes, regulations, and the approved grant application, and shall use Federal funds in accordance therewith.

(b) No official, agent, or employee of the Institute may waive any regulation unless the regulation specifically provides for waiver.

(c) No act or failure to act by an official, agent, or employee of the Institute can affect the authority of the Director to enforce regulations.

(d) In any circumstance for which waiver is provided, the determination of the Director shall be final.

§ 1180.52 The grantee administers or supervises the grant.

A grantee shall directly administer or supervise the administration of the grant and be answerable therefor.

§ 1180.53 Fiscal control and fund accounting procedures.

A grantee shall exert fiscal control and employ fund accounting procedures that ensure proper disbursement of and accounting for Federal funds in accordance with OMB circulars A-102 and A-110.

§ 1180.54 Obligation of funds during the grant period.

A grantee may use grant funds for obligations it makes only during the grant period.

§ 1180.55 Prohibition of subgrants.

(a) A grantee may not make a subgrant.

(a) A Special Project grantee shall keep records revealing progress and results under the grant.

(b) The grantee shall use the records under paragraph (a) of this section to: (1) Determine progress in accomplishing Special Project objectives; and

(2) Revise those objectives, if necessary, and authorized under the grant. § 1180.59 Applicability.

(a) Subparts B and C (§§1180.30 through 1180.58) apply to General Operating Support and Special Project assistance, except as otherwise provided in these regulations.

(b) The Education Department General Administrative Regulations (34 CFR Parts 75 through 78) do not apply to the Institute of Museum Services.