PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES Authority: 38 U.S.C. 501, 521A, unless otherwise noted. Source: 79 FR 37217, July 1, 2014, unless otherwise noted. § 77.1 Purpose and scope. This section establishes the Grants for Adaptive Sports Programs for Disabled Veterans and Disabled Members of the Armed Forces program. Under this program, VA may provide grants to eligible entities to plan, develop, manage, and implement programs to provide adaptive sports activities for disabled veterans and disabled members of the Armed Forces. (Authority: 38 U.S.C. 521A) § 77.2 Definitions. For the purposes of this part and any Notice of Funding Availability (NOFA) issued pursuant to this part: Adaptive sports Adaptive sports activities (1) Instruction, participation, and competition in adaptive sports; (2) Training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and (3) Coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program. Adaptive sports grant Adaptive sports grant agreement Applicant DoD Eligible entity Grantee International Paralympic Committee Large-scale adaptive sports program (1) An adaptive sports program of a National Paralympic Committee (NPC) or of a National Governing Body (NGB) that is authorized to provide Paralympic sports programs in one or more States; (2) An adaptive sports program of a NGB that has been recognized by an external validating authority if the programs validated by that authority would meet the requirements of paragraph (3) of this definition if considered one program; and (3) An adaptive sports program in which at least 50 persons with disabilities participate or in which the persons with disabilities who participate in the program reside in at least five different congressional districts. National Governing Body National Paralympic Committee Notice of funding availability Paralympics Participant Partnership Peer review Persons with a disability Sport VA Veteran Veterans Service Organization (Authority: Pub. L. 111-163, 38 U.S.C. 501) § 77.3 Grants—general. (a) Grants. (b) Maximum amount. (c) No matching requirement. (d) Participants will not be charged. (e) Grant is not veteran's benefit. (Authority: 38 U.S.C. 521A) § 77.4 Applications. (a) Initial application. (b) Renewal application. (c) Noncompetitive application. (OMB has approved the information collection requirements in this section under control numbers 2900-0820, 4040-0004 for Standard Form 424, and 4040-0008 for Standard Form 424C) (Authority: 38 U.S.C. 521A) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.5 Selection criteria. (a) VA will review all applications for adaptive sports grants using the following selection criteria: (1) The adaptive sports activities to be provided by the program are clearly stated; (2) The objectives of the proposed program are clearly defined; (3) The program design is based on facts, good reasoning, sound judgment, and logic, and contains program elements directly linked to the achievement of program objectives; (4) The program management structure is adequate to the successful conduct of the program; (5) The applicant's capability (including support provided by any partnership or partnerships) is demonstrated at a level sufficient to successfully support the program; (6) Budgeted costs are reasonable, allowable and produce good value for the amount of funds paid for the activities proposed to be undertaken; (7) The proposed program provides adaptive sports opportunities in geographic regions where VA has identified limited sports opportunities for disabled veterans and disabled members of the Armed Forces; (8) The proposed program provides an adaptive sports activity or adaptive sports activities that meet the current needs and priorities for disabled veterans and disabled members of the Armed Forces; and (9) Inclusion of all required information in the grant application as specified by 38 U.S.C. 521A(c). (b) NOFA announcements may also clarify the selection criteria in paragraph (a) of this section. The relative weight (point value) for each selection criterion will be specified in the NOFA. § 77.6 Amendments to grant applications. An applicant seeking to amend its grant application must submit a revised Standard Forms 424 (Application for Federal Assistance) and 424C (Budget Information) with a narrative description of, and justification for, the amendment. An applicant may submit an amendment after the deadline for submission of applications and prior to grant award if the amendment does not change the scope of the application. In addition, amendments submitted after the deadline and prior to grant award cannot increase the amount of the grant requested by more than a total of 10 percent. (OMB has approved the information collection requirements in this section under control number 4040-0004 for Standard Form 424 and 4040-0008 for Standard Form 424C) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.7 Withdrawal of grant application. An applicant may withdraw its application by submitting to VA a written document that withdraws the application. § 77.8 Additional requirements and procedures for applications. (a) Application for grants. (b) Partnerships. (2) A joint application made by two or more applicants may have separate budgets corresponding to the programs, services and activities performed by each of the joint applicants or may have a combined budget. If a joint application presents separate budgets, VA may make separate awards, or may award a single award authorizing separate amounts for each joint applicant. (c) Evaluation of applications submitted. (d) Applicant's performance on prior award. (e) Applicant's fiscal integrity. (f) Disposition of applications. (1) Approve the application for funding, in whole or in part, for such amount of funds, and subject to such conditions that VA deems necessary or desirable; (2) Determine that the application is of acceptable quality for funding, in that it meets minimum criteria, but disapprove the application for funding because it did not rank sufficiently high in relation to other applications to qualify for an award based on the level of funding available; (3) Disapprove the application for failure to meet the applicable selection criteria at a sufficiently high level in comparison to other applications to justify an award of funds, or for another reason as provided in the documentation of the decision; or (4) Defer action on the application for such reasons as lack of funds or a need for further review. (g) Notification of disposition. (h) Availability of grant funds. (OMB has approved the information collection requirements in this section under control number 2900-0820) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.9 Use of pre-applications. VA may request pre-applications for competitive and noncompetitive grant applications. Such request would be made in a NOFA. (OMB has approved the information collection requirements in this section under control numbers 2900-0820, 4040-0004 for Standard Form 424, and 4040-0008 for Standard Form 424C) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.10 Peer review methods. (a) VA may subject both pre-applications and formal applications to a peer review process. For both competitive and noncompetitive applications, peer review will normally consist of written comments based on the selection criteria established in § 77.5 and any weighting factors identified in the NOFA or conveyed in writing to the noncompetitive applicant, together with the assignment of numerical values. Peer review may occur at meetings of peer reviewers that are held under VA oversight, through mail reviews, or a combination of both. When advisable, site visits may also be employed. The method of peer review anticipated for each announced competitive program, including the weighting factors to be used by peer reviewers, will be specified in each NOFA. (b) When formal applications are required in response to a NOFA, an initial review will be conducted by qualified VA staff, in order to eliminate from peer review consideration applications which do not meet minimum program requirements. Such requirements as listed in § 77.5 and weighting factors will be specified in the NOFA. Applications determined to be qualified and eligible for further consideration may then be considered under the peer review process. § 77.11 Outreach required. (a) As a condition of receiving a grant under this part, an eligible entity must agree to conduct a joint outreach campaign with VA to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the adaptive sports activities funded by the grant, as appropriate, and shall provide for, facilitate, and encourage participation of such veterans and separating members of the Armed Forces in programs under this part to the extent possible. (b) For grantees conducting adaptive sports activities at the community level, outreach must include active liaison with local VA and DoD facilities; State, local, and tribal governments; and VSOs, private agencies, and organizations providing adaptive sport activities to disabled veterans and disabled members of the Armed Forces to be served by the grantee. (c) For grantees conducting adaptive sports activities occurring at the national and regional levels, outreach must include active liaison with VA and DoD, State governments, VSOs, and private agencies and organizations providing adaptive sport services to disabled veterans and disabled members of the Armed Forces to be served by the grantee and tailored as appropriate to the deliverables of the grant. (Authority: 38 USC 521A(e)) § 77.12 Notice of funding availability. When funds are available for grants, VA will publish a NOFA in the OMB-designated government-wide Web site. The notice will identify: (a) The information required to be in notices of funding opportunities in 2 CFR Part 200; (b) The location for obtaining grant applications; (c) The date, time, and place for submitting completed grant applications; (d) The estimated amount and type of grant funding available; (e) The length of term for the grant award, covering the amount of time the award remains in effect through date of completion; (f) The minimum scores and scores per mandatory evaluation criteria area in § 77.5 that an applicant must receive in order for a grant to be considered for funding; and (g) The timeframe and manner for payments under the grant. (Authority: 38 U.S.C. 521A) § 77.13 Applications for noncompetitive adaptive sports grants. (a) When VA identifies that an eligible entity is the only entity capable of providing an adaptive sports activity for disabled veterans and disabled members of the Armed Forces, and VA determines that the award of a grant to this entity is warranted to enable adaptive sports activities for disabled veterans and disabled members of the Armed Forces, VA may request that entity to submit a grant application. To verify that only one entity is capable of providing an adaptive sports activity: (1) VA must determine that the adaptive sports activity is available only from one eligible entity; (2) VA must receive a written statement from an entity which verifies that a particular adaptive sports activity is only available from a named non-Federal entity; or (3) After VA attempts to find competition for a grant by issuing a NOFA, VA receives only one application to provide the adaptive sports activity sought under the NOFA or having received no applications, engages a qualified adaptive sport entity to negotiate provision of the adaptive sports activity sought. (b) To submit an application for a noncompetitive adaptive sports grant, an applicant must obtain from VA an adaptive sports grant application package and submit to VA the information called for in the adaptive sports grant application package within the time period established in the NOFA. (c) The noncompetitive adaptive sports grant application must include: (1) Information regarding the program design and supporting evidence directly linking the program to the achievement of the program's objectives; (2) Documentation on the eligibility of the applicant to receive an adaptive sports grant and on why the award of a noncompetitive grant is warranted; (3) Description of the type of adaptive sports activities that would be provided; (4) Documentation concerning the estimated operating costs and operating budget for the adaptive sports activities for which a grant is sought; (5) Documentation that the applicant has the technical expertise needed; and (6) Reasonable assurances that if the applicant receives an adaptive sports grant under this part: (i) It will provide adequate financial and administrative support for providing the services set forth in the adaptive sports grant application and will actually provide such services; and (ii) It will keep records and submit reports as VA may reasonably require, within the time frames required; and give VA, upon demand, access to the records upon which such information is based. (OMB has approved the information collection requirements in this section under control number 2900-0820) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.14 Grant agreements. (a) General. (b) Equipment. (1) Title to the adaptive sports equipment vests solely in the grantee, or, for leased equipment, in an identified lessor; (2) The grantee will at a minimum, provide liability insurance for the adaptive sports equipment to the same extent they would insure adaptive sports equipment procured with their own funds; and (3) Adaptive sports equipment will be safe to use and maintained in accordance with the manufacturer's recommendations. (c) Use of funds for administrative and personnel expenses. (i) In the case of a grant made for adaptive sports activities taking place during fiscal year 2014, 10 percent of the total amount of the grant; (ii) In the case of a grant made for adaptive sports activities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and (iii) In the case of a grant made for adaptive sports activities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant. (2) For purposes of § 77.14(c), personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for participants. (d) Use of grant funds for individuals who are not veterans or members of the Armed Forces. (e) Restrictions on the participation of certain veterans and former servicemembers. (Authority: 38 U.S.C. 521A(d)(4)) § 77.15 Payments under the grant. (a) Payments to grantees. (b) Payments to subgrantees. (Authority: 38 U.S.C. 521A) § 77.16 Grantee reporting requirements. (a) Annual report. (1) A detailed record of the time involved in providing adaptive sports activities through direct personal interaction with participants and time expended in adaptive sports activities that do not involve direct personal interaction with participants; (2) A detailed record of the individual adaptive sports activities conducted; (3) A detailed record of the adaptive sports programs carried out at the national and local levels through partnerships with VA, DoD, VSOs, and other adaptive sports entities; (4) The number of veterans and the number of participants in the adapted sports activities funded by the grant including those who participated in any programs carried out through a partnership under this part; (5) The locations where adaptive sports activities were conducted; and (6) A detailed accounting of how the grant funds were used including the administrative and personnel expenses incurred by the grantee in carrying out the program and such expenses paid for using grant funds. (b) Quarterly report. (c) Program variations. (d) Additional reporting. (e) Annual report compliance. (OMB has approved the information collection requirements in this section under control number 2900-0820) (Authority: 38 U.S.C. 521A(j)) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.17 Recovery of funds by VA. (a) Recovery of funds. (b) Prohibition of additional adaptive sports grant payments. (Authority: 38 U.S.C. 521A) § 77.18 Visits to monitor operations and compliance. VA has the right, at all reasonable times, to make visits to all grantee locations where a grantee is using adaptive sports grant funds in order to review grantee accomplishments and management control systems and to provide such technical assistance as may be required. VA may conduct inspections of all program locations and records of a grantee at such times as are deemed necessary to determine compliance with the provisions of this part. In the event that a grantee delivers services at a location away from the grantee's place of business, VA may accompany the grantee. If any visit is made by VA on the premises of the grantee or a subcontractor under the adaptive sports grant, the grantee must provide, and must require its subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of the VA representatives in the performance of their duties. All visits and evaluations will be performed in such as manner as will not unduly delay services. § 77.19 Financial management. (a) All recipients will comply with applicable requirements of the Single Audit Act Amendments of 1996, as implemented by 2 CFR part 200. (b) All grantees must use a financial management system that complies with 2 CFR Part 200. Grantees must meet the applicable requirements of OMB's regulations on Cost Principles at 2 CFR part 200. (OMB has approved the information collection requirements in this section under control number 2900-0820) [79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015] § 77.20 Recordkeeping. Grantees must ensure that records are maintained in accordance with 2 CFR part 200. Grantees must produce such records at VA's request. § 77.21 Application of other regulations. For purposes of this part, the requirements in 38 CFR parts 43 and 49 are superseded by those in 2 CFR part 200.