815 CMR 8.02
Definitions
Base Revenue and Maximized Revenue. The term base revenue refers to the amount of revenue,
federal or from any other sources, that is estimated or budgeted to occur without any special
assistance or advice from outside parties. In most cases the calculation and measurement of base
revenue is a function of existing operational plans of the department. The term maximized
revenue refers to the increment of revenue, federal or from any other source, that is estimated or
budgeted to occur because of special efforts or projects and is to be in addition to the base
revenue. Contingency contracts may be employed to promote the accomplishment of both base
revenue and maximized revenue.
Office of the Comptroller. The Office established pursuant to M.G.L. c. 7A and authorized to
administer contingency contracts to promote the efficiency and effectiveness of federal
entitlement and other programs and to determine the necessity, appropriateness and
reasonableness of present and future expenditures for operations which qualify for federal
financial participation or other reimbursement pursuant to M.G.L. c. 29, § 29E. The Office of
the Comptroller is also a department.
Contingency Contract. A contract executed by one or several state departments with other
parties pursuant to 815 CMR 8.00. In a contingency contract, the amount of compensation paid
to other parties is directly linked to and paid from the attainment of increased revenue. Contracts
under 815 CMR 8.00 may have a duration up to but no longer than 36 months.
(Mass. Register #1574, 05/22/2026)
Department. An entity of the state government recognized by the Office of the Comptroller as
a legally defined component unit of the government. Department recognition is demonstrated
by the establishment of department codes and financial accounting records on Mosaic as
determined by the Comptroller. Pursuant to its enabling statute and subject to appropriation and
other special laws or agreements, a department may operate programs, either directly through its
own organization or through other state departments or organizations, in a manner that allows
federal financial participation and other reimbursement.
Evaluation Criteria and Selection Committee. These are additional elements of an RFP that
demonstrate specific steps to promote competitive interest and result in a contingency contract
under terms most beneficial to the Commonwealth.
Federal Revenue or Federal Financial Participation. In the context of 815 CMR 8.00, these terms
have the same meaning and refer to the flow of funds from the federal government to the state
government. In most cases there are specific federal laws and specific federal regulations with
companion operational terms and conditions that must be satisfied by the state in order to qualify
for and receive federal revenue. In many cases, the federal revenue represents a portion of the
total program cost, and the state may choose to incur originally the entire program cost and
subsequently apply the federal revenue as a reimbursement or off set to the total program cost.
Under this reimbursement model, the federal revenue is considered to be the federal share of a
total program which qualifies for federal financial assistance.
Fiscal Affairs Division (FAD). The Division within the Executive Office of Administration and
Finance with the responsibility and authority to plan and direct the statewide budget process.
The FAD, also referred to as the Budget Bureau, has a special interest in the design and
implementation of programs in a manner that allows opportunity for federal financial
participation. The FAD is also a department.
Fiscal Conduit. An arrangement which exhibits the features of supplementation of existing staff
or resources to the Department typically provided and controlled through the state budget
process. The identification of a fiscal conduit will be based on the judgement of the Office of
the Comptroller, and such judgement will include but not be limited to criteria such as:
(a) intention to circumvent the budget process,
(b) similaritybetween resources normallyprovided in the state budget process and resources
provided by the outside party under the contingency contract, and
(c) length of time that such resources are planned and actually used.
The Office of the Comptroller will take actions as relevant to disapprove and not allow fiscal
conduit arrangements under 815 CMR 8.00.
Interdepartmental Service Agreement (ISA). An arrangement between two or more state
departments that has many of the features of a contract. All ISA arrangements are governed by
the Office of the Comptroller under a separate regulation published as 815 CMR 6.00. It is
anticipated that many projects involving contingency contracts may also involve
Interdepartmental Service Agreements.
Mosaic. The statewide accounting and financial reporting system for the Commonwealth of
Massachusetts.
Measurement Basis for Contingency Contracts. The measurement basis for contingency
contracts shall be specified to establish clearly the difference between that revenue which would
be received without outside assistance and that revenue expected to be received with outside
assistance. A measurement basis for contingency contracts may be defined and applied to base
revenue situations, maximized revenue situations, or both situations.
Object Code T09. An expenditure classification category established by the Office of the
Comptroller in Mosaic. Object Code T09 will be used for accounting and reporting of all
contingency contracts executed pursuant to 815 CMR 8.00.
Request for Proposals. The Request for Proposals (RFP) is a solicitation process organized to
stimulate competitive interest in the award of a contingency contract.
Revenue. Income earned by the Commonwealth for services provided. Only revenue actually
received and confirmed by a Treasury cash receipt is available for measuring revenue for
contingency payments.
Secretariat. The executive office in the executive branch of government established pursuant to
M.G.L. chs. 6A and 7 with responsibility and authority to direct and coordinate the activities of
specified departments. Many, but not all, departments in the executive branch are organized
under the supervision of secretariats. In those instances where a cognizant secretariat does exist,
the secretariat has a special interest in the design and implementation of programs in a manner
that allows opportunityfor federal financialparticipation and other reimbursement. Asecretariat
is also a department.
Single State Agency. A department formally designated by the Governor to the federal
government as the one cognizant department on behalf of the state in the management of
specified federally assisted programs. In a few instances there is allowed under the law a
designation of two "single state agencies".
The single state agency has authority and
responsibility to operate programs, either directly through its own organizations or through other
state departments or organizations, in a manner that complies with both state and federal law.