§ 233.9. Offer and acceptance of a grant.
(a) Issuance of grant offers. The Department will, in writing, notify each sponsor who has submitted an application whether or not they will receive a grant offer.
(b) Grant agreement. A grant offer issued to a sponsor will describe any specific grant conditions and include such conditions as terms in the accompanying grant agreement.
(c) Grant conditions. The Department may or may not fully fund the entire cost of the project. The grant agreement will specify the total amount to be funded under the grant offer, the scope of the project, the items of work to be included, and an anticipated project completion date. The Department may also require sponsors to conduct before and after studies to determine project effectiveness.
(d) Acceptance. A sponsor who has received a grant offer shall, within 30 days indicate, by registered mail, acceptance of the offer.
(1) Acceptance of an offer is not binding on a sponsor until the execution of the grant agreement between the Department and the sponsor.
(2) Failure of a sponsor to indicate acceptance of the terms of an offer within the 30-day response period will be considered as a rejection of the offer and withdrawal of the application.
(e) Discretion of Department. Unless otherwise restricted by statute, the Department has absolute discretion in the selection of projects and in the determination of funding levels, priorities, critical project selection criteria, project phasing, project design and specifications and performance criteria.
(f) Amendments to projects. In the consideration of an application, the Department may determine that a proposed project should be amended to accommodate available funding, application traffic design criteria, anticipated use, or to better accommodate potential user needs. The Department may offer a transportation enhancement grant under this chapter for a project whose cost, specifications, terms, or scope have been modified by the Department.
(g) Consultation does not insure offer. In the event that the Department confers with a sponsor to amend a proposed project, the sponsor should understand that consultation and amendment does not insure that an offer will be made.
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