--- kind: "range" citation: "34 C.F.R. §§ 75.215–75.221" title: "34" from: "75.215" to: "75.221" count: 7 url: "https://uscodex.org/cfr/34/75.215..75.221" --- # §75.215. How the Department selects a new project. [Sections 75.216 through 75.222](/cfr/34/75.216..75.222.md) describe the process the Secretary uses to select applications for new grants. All these sections apply to a discretionary grant program. However, only [§ 75.216](/cfr/34/75.216.md) applies also to a formula grant program. (See [§ 75.1(b)](/cfr/34/75.1.md?p=b) Discretionary grant programs, [§ 75.1(c)](/cfr/34/75.1.md?p=c) Formula grant programs, and [§ 75.200](/cfr/34/75.200.md), How applications for new discretionary grants and cooperative agreements are selected for funding; standards for use of cooperative agreements.) # §75.216. Applications that the Secretary may choose not to evaluate for funding. The Secretary may choose not to evaluate an application if— - (a) The applicant does not comply with all of the procedural rules that govern the submission of the application; or - (b) **The application does not contain the information required under the program.** # §75.217. How the Secretary selects applications for new grants. - (a) The Secretary selects applications for new grants on the basis of applicable statutes and regulations, the selection criteria, and any priorities or other requirements that have been published in the Federal Register and apply to the selection of those applications. - (b) - (1) The Secretary may use experts to evaluate the applications submitted under a program. - (2) These experts may include persons who are not employees of the Federal Government. - (c) The Secretary prepares a rank order of the applications based on the evaluation of their quality according to the selection criteria and any competitive preference points. - (d) The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations: - (1) **The information in each application.** - (2) **The rank ordering of the applications.** - (3) **Any other information—** - (i) Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants; - (ii) Concerning the applicant's performance and use of funds under a previous award under any Department program; and - (iii) Concerning the applicant's failure under any Department program to submit a performance report or its submission of a performance report of unacceptable quality. # §75.218. Applications not evaluated or selected for funding. - (a) **The Secretary informs an applicant if its application—** - (1) Is not evaluated; or - (2) **Is not selected for funding.** - (b) If an applicant requests an explanation of the reason its application was not evaluated or selected, the Secretary provides that explanation. # §75.219. Exceptions to the procedures under § 75.217. The Secretary may select an application for funding without following the procedures in [§ 75.217](/cfr/34/75.217.md) if: - (a) The objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in [§ 75.217](/cfr/34/75.217.md); - (b) - (1) The application was submitted under the program's preceding competition; - (2) The application was not selected for funding because the application was mishandled or improperly processed by the Department; and - (3) The application has been rated highly enough to deserve selection under [§ 75.217](/cfr/34/75.217.md); or - (c) The Secretary receives an unsolicited application that meets the requirements of [§ 75.222](/cfr/34/75.222.md). # §75.220. Procedures the Department uses under § 75.219(a). If the special circumstances of [§ 75.219(a)](/cfr/34/75.219.md?p=a) appear to exist for an application, the Secretary uses the following procedures: - (a) **The Secretary assembles a board to review the application.** - (b) **The board consists of—** - (1) A program officer of the program under which the applicant wants a grant; - (2) An employee from the Office of Finance and Operations (OFO) with responsibility for grant policy; and - (3) A Department employee who is not a program officer of the program but who is qualified to evaluate the application. - (c) **The board reviews the application to decide if—** - (1) The special circumstances under [§ 75.219(a)](/cfr/34/75.219.md?p=a) are satisfied; - (2) The application rates high enough, based on the selection criteria, priorities, and other requirements that apply to the program, to deserve selection; and - (3) Selection of the application will not have an adverse impact on the budget of the program. - (d) **The board forwards the results of its review to the Secretary.** - (e) If each of the conditions in [paragraph (c)](#c) of this section is satisfied, the Secretary may select the application for funding. - (f) Even if the Secretary does not select the application for funding, the applicant may submit its application under the procedures in Subpart C of this part. # §75.221. Procedures the Department uses under § 75.219(b). If the Secretary has documentary evidence that the special circumstances of [§ 75.219(b)](/cfr/34/75.219.md?p=b) exist for an application, the Secretary may select the application for funding.