Page images
PDF
EPUB
[ocr errors][merged small]

§ 30.604-4 Signs.

Where project work is visible to the public, the grantee shall erect and suitably display such informational signis) as the Grants Officer may approve to identify the project and EPA grant support. $ 30.605 Accounting.

Accounting for project funds (includ. ing receipts, grantee contributions, and expenditures) will be in accordance with generally accepted accounting principles and practices, consistently applied, regardless of the source of funds. Supporting records of grant expenditures must be recorded in sufficient detail to show that grant funds were used for the purpose for which the grant was made. $ 30.605_1 Personnel.

Salaries and wages, whether treated as direct costs or allocated as indirect costs, will be supported by appropriate time distribution records. $ 30.606 Audits and inspections.

Grant records are subject to audit and inspection by the Comptroller General of the United States and EPA in addition to other audit and inspections provided for in the grant agreement or this Regulation. $ 30.607 Reports.

Grantees shall prepare and submit to the Grants Officer an acceptable final report and such progress, financial and other reports relating to the conduct and results of the approved project as may be specified in the grant agreement. Failure to submit reports required by the grant agreement or this Regulation may result in (a) retention of grant funds (see % 30.602-1), (b) suspension or termination of the grant, (c) a finding of nonresponsibility for future grant awards (see % 30.304), or (d) such other action as the Grants Officer may be authorized to take. Subpart F-Expenditures by Grantee 8 30.700 Use of funds.

All Federal assistance received under EPA grants shall be expended by the grantee solely for carrying out the approved project in accordance with the terms of the grant agreement and this Regulation. The grantee may not delegate or transfer his responsibility for the use of such funds.

Except as otherwise provided by statute, allocation and allowability of costs will be governed in the case of grants to educational institutions by the provisions of Oce of Management and Budget OXB) Circulars Nos. A-21 (Revised, and A-88, and in the case of grants to State and local governments by the provisions of OMB Circular A-87. All other grants shall be governed by the policies and principles established in the Federal Procurement Regulations, Title 41. Code of Federal Regulations, Chapter 1. Subpart 1-15.2 to the greatest practicable extent. $ 30.702 Cost sharing.

In addition to direct and in-kind contributions, the grantee's cost share (see $ 30.207) may include allowable indirect costs. The grantee must maintain records to adequately evidence the required costsharing contribution in relation to actual allowable project costs. Subpart G–Grantee Accountability § 30.800 Equipment, materials, or sup

plies. Except as may be otherwise provided by law or in this Regulation or in the grant agreement, title to movable or fixed equipment, materials, or supplies (materials) shall vest in the grantee, subject to such equitable interest in the United States as may be provided for in this Regulation or in the grant agreement. The grantee shall assure that the interest of the United States in the materials is adequately reflected and protected in compliance with all recordation or registration requirements of the Uniform Commercial Code or other applicable local laws. Expenditures of project funds for materials may be allowed as direct costs only to the extent such materials are required for the conduct of the approved project during the period for which EPA grant support is provided. Any materials on hand on the date of termination or conclusion of EPA grant support (excluding expendable supplies within such limitations as the Grants Officer may prescribe) shall be accounted for, or accountability waived, by one or a combination of the following methods: $ 30.800—1 Waiver of equipment ac

countability. Under research grants where the grantee is an organization within the terms of the Grant Act of September 6, 1958 (42 U.S.C. 1891-93), the obligation to account for the value of any fixed or movable equipment purchased with funds under a research grant may be waived. § 30.800—2 Retention by the grantee.

Upon written approval by the Grants Officer prior to the final accounting (see $ 30.801), materials may be retained, without adjustment of accounts, for use by the grantee in the approved program or project, other EPA grants, or other Federal grant programs. Materials may be retained by the grantee for use in other operations provided that the grantee compensates the United States for the latter's equity in the property in the final accounting (see § 30.801) as part of final settlement (see $ 30.802). § 30.800—3 Sale or other disposition by

grantee. Upon written approval by the Grants Officer prior to final accounting (see $ 30.801), materials (a) may be sold by the grantee and the (1) net proceeds of sale or (2) fair market value at the time of sale, whichever is greater, shall be paid to the United States in the proportion which EPA assistance bears to the actual allowable project cost, or (b) may be disposed of in any other manner by the grantee upon payment to the United States of such proportion of the fair market value at time of final accounting. § 30.800—4 Transfer to the United

States. Prior to the final accounting the Grants Officer may require or approve, transfer of title to materials to the United States or its designee for such use or disposition as may be authorized by law, except for materials utilized in construction under grants, with equitable settlement for the grantee's matching share. & 30.800–5 Other provisions.

When materials purchased with grant funds are used for credit or "trade-in”. on the purchase of new materials, the foregoing requirements shall apply to such new materials. § 30.801 Final accounting.

In addition such other accounting as may be required pursuant to this Regu. lation or the grant agreement, each grantee shall render an acceptable final

account no later than 90 days following the end of the project period or the date of complete termination of grant support, whichever occurs first, or within such additional time as the Grants Officer may allow for good cause. $ 30.802 Final settlement.

At the time EPA grant support for a project terminates or ceases, there shall be payable to the United States as final settlement the total sum of (a) any unexpended grant funds, (b) any amounts payable to the United States for equipment, materials, or supplies, (c) other grant related income, and (d) an amount equivalent to that portion of project costs which have been disallowed or which are unallowable, in proportion to the EPA share and to the extent grant payments therefor have been made. Such final settlement shall constitute a debt owed by the grantee to the United States and if not paid at the time of final accounting shall be recovered from the grantee or its successors by setoff or other action as provided by law. Subpart H-Modification, Suspension

and Termination of Grants $ 30.900 Project changes. $ 30.900–1 Notice of project changes.

The grantee shall promptly notify the Grants Officer in writing by certified mail (return receipt requested) of all project changes, including but not limited to:

(a) Rebudgeting (see § 30.601);

(b) Changes in the technical plans or specifications for the project;

(c) Acceleration or deceleration in the time for performance of the project, or any major phase thereof;

(d) Changes which may increase or decrease the total cost of a project;

(e) Changes which may affect the approved scope of a project;

(f) Changed site conditions;

(g) Changes in personnel identified as key personnel in the grant agreement;

(h) Absence of personnel identified as key personnel in the grant agreement from the project at critical project points or for periods of time longer than 3 months;

(i) Substantial reduction of effort on the project by personnel identified as key personnel in the grant agreement; or

(j) Changes or amendments to nonFederal enabling legislation, regulations, standards, ordinances, or enforcement procedures which may affect the project.

$ 30.900-2 Disapproval of project Inasmuch as stop work orders may rechanges.

sult in increased costs to the GovernThe Grants Officer may disapprove

ment by reason of standby costs, such project changes in writing by certified

orders will be issued only with prior apmail (return receipt requested) not later

proval at a level above the Grants Offithan 3 weeks after receipt of notice pur

cer. Generally, use of a stop-work order suant to $ 30.900–1. Failure on the part

will be limited to those situations where of the grantee to give notice pursuant to

it is advisable to suspend work on the § 30.900–1 or disapproval by the Grants

project or a portion or phase of the projOfficer of the proposed change shall re

ect for important program or agency sult in disallowance of costs incurred

considerations and a supplemental which are attributable to the change or

agreement providing for such suspension in termination of the grant. No action

is not feasible. Although a stop-work taken pursuant to this section shall com

order may be used pending a decision mit or obligate the United States to any

to terminate by mutual agreement or for increase in the amount of a grant or

other cause, it will not be used in lieu payments thereunder, but shall not pre

of the issuance of a termination notice clude consideration of a request for a

after a decision to terminate has been grant amendment pursuant to § 30.901.

made. $ 30.901 Grant amendments.

$ 30.902–2 Contents of orders. Approved project changes which do not

Prior to issuance, stop-work orders substantially alter the objective or scope

should be discussed with the granter. and of a project may give rise to grant amend

should be appropriately modified, in the ments to increase or decrease the dollar

light of such discussions. Stop-work oramount, the term, or other provisions of

ders should include (a) a clear descripa grant. A grant amendment shall be

tion of the work to be suspended, (b) ineffected only by a written amendment to

structions as to the issuance of further the grant agreement executed by the

orders by the grantee for materials or Grants Officer on behalf of the Govern

services, (c) guidance as to action to be ment and by the Project Manager on be

taken on subagreements, and (d) other half of the grantee entered into after

suggestions to the grantee for minimizthe effective date of the grant. No grant

ing costs. amendment may be made unless the $ 30.902–3 Subsequent action. Grants Officer has received timely notifi

As soon as feasible after a stop-work cation of the proposed project change and

order is issued, (a) the grant will be has approved the proposed change pro

terminated, or (b) the stop-work order vided, that the Grants Officer, if he de

will either be canceled or—if necessary cides that the circumstances justify such

and if the grantee agrees-be extended action, may receive and act upon any re

beyond the period specified in the order. quest for grant amendment submitted

In any event, this must be done before prior to final payment under the grant.

the specified stop-work period expire's Failure to agree upon the amount of

When an extension of the stop-work ora grant amendment shall constitute a

der is necessary, it shall be evidenced by dispute under the “Disputes” article of a written grant amendment. Any canthe grant agreement.

cellation or bilateral extension of a stop& 30.902 Suspension of grants.

work order shall be subject to the same Work on a project or on a portion or

approvals as were required for the issuphase of a project for which a grant has

ance of the order. been awarded may be ordered stopped § 30.902-4 Disputes provision. by the Grants Officer pursuant to Article Failure to agree upon the amount of 4 of the Grant Conditions.

an equitable adjustment due under a § 30.902-1 Use of stop-work orders.

stop-work order shall constitute a dis

pute under the “Disputes" article of the Work stoppage may be required for good cause including default by the gran

grant instrument. tee, failure to comply with the terms and

$ 30.903 Termination of grants. conditions of the grant, realignment of A grant may be terminated in whole programs, lack of adequate funding, or or in part by the Grants Officer pursuant advancements in the state of the art to Article 5 of the Grant Conditions:

throughout this Regulation, the words and terms defined in this paragraph shall have the meanings set forth below, unless (a) the context in which they are used clearly requires a different meaning, or (b) a different definition is prescribed for a particular part or portion thereof. The words and terms defined in this section shall have the meanings set forth herein whenever used in any correspondence, directives, orders, or other documents of the Environmental Protection Agency relating to grants, unless the context clearly requires a different meaning. § 30.1000-1 Administrator.

The Administrator or Acting Administrator of the U.S. Environmental Pro

Provided, That no termination will be effected without prior approval at a level above the Grants Officer. $ 30.903–1 Termination agreement.

The parties may enter into an agreement to terminate the grant at any time pursuant to terms which are consistent with this Regulation. 3 30.903–2 Project termination by

grantee. A grantee may not terminate a project for which a grant has been awarded except for good cause. If the Grants Officer finds that a grantee has terminated the project work without good cause, then he shall annul the grant and all EPA grant funds previously paid to the grantee shall be returned to the United States as final settlement. If the Grants Officer finds that there is good cause for the termination of project work, he shall (a) enter into a termination agreement pursuant to $ 30.903–1 or (b) terminate the grant pursuant to $ 30.903–3, effective with the date of termination of the project by the grantee. § 30.903–3 Termination by EPA.

The Grants Officer, by written notice and after consultation with the grantee, may terminate a grant, in whole or in part, pursuant to the Article 5 of the grant agreement, for cause including default by the grantee, failure to comply with the terms and conditions of the grant, realignment of programs or change in program requirements or priorities, lack of adequate funding, or advancements in the state of the art. $ 30.903–4 Termination costs.

If a grant is terminated, the Government shall be liable only for payment in accordance with the termination provisions of the grant. 8 30.903–5 Disputes provision.

Failure to agree upon the amount of termination costs or upon a good cause determination pursuant to $ 30.903–2 shall constitute a dispute under the “Disputes” article of the grant agreement.

Subpart Miscellaneous & 30.1000 Definitions.

All terms used in this Regulation which are defined in the statutes cited in $ 30.101 and which are not defined in this section, shall have the meaning given to them in the relevant statutes. As used

§ 30.1000—2 Agency.

The U.S. Environmental Protection Agency (EPA). § 30.1000-3 Applicant.

Any party which has filed an application for a grant pursuant to this Regulation. § 30.1000–4 Budget.

The financial plan for expenditure of all funds for a project, including grant funds or other Federal assistance, which is developed by cost components in the grant application. § 30.1000-5 Budget period.

The length of time approved for funding in the grant agreement (see § 30. 305-2). § 30.1000–6 Cost sharing.

Participation by the grantee in the cost of conducting the project (see $ 30.207). 8 30.1000–7 Educational institution.

Any institution which (a) has a faculty, (b) offers courses of instruction, and (c) is authorized to award a degree or certificate upon completion of a specific course of study. $ 30.1000–8 Federal assistance.

The entire Federal contribution for a project including but not limited to the EPA grant amount. § 30.1000-9 Grant.

An award of funds or other assistance by a written grant agreement pursuant to this Regulation, except fellowships.

& 30.1000-10 Grant agreement.

services or supplies necessary to comThe written agreement and amend

plete the project for which a grant was ments thereto between EPA and a grant

awarded, including contracts and purapplicant in which the terms and con

chase orders. ditions governing the grant are stated $ 30.1001 Deviation. and agreed to by both parties pursuant

§ 30.1001-1 Applicability. to $ 30.305.

A deviation shall be considered to be $ 30,1000-11 Grantee.

any of the following: A party which has accepted a grant (a) When a prescribed grant clause is award.

set forth verbatim in this Regulation, & 30.1000-12 Grants officer.

use of a clause covering the same sub

ject matter which varies from, or has the Any employee of the Environmental effect of altering, the prescribed clause, Protection Agency who is exercising the or changing its application; responsibility for negotiating or coordi (b) When a grant clause is set forth nating the negotiation of terms and con- in this Regulation but not for use verditions of specific grants with grant ap batim, use of a clause covering the same plicants, or administering grants, and subject matter which is inconsistent who is authorized to serve as EPA's prin with the intent, principle and substance cipal contact with the grantee within the of the Regulation clause or related covlimits of his authority.

erage of the subject matter; § 30.1000–13 Matching share.

(c) Omission of any mandatory grant

clause; That portion of the project costs

(d) When an EPA or other form is which is not derived from Federal prescribed by this Regulation, use of any assistance.

other form for the same purpose; $ 30.1000–14 Nonprofit organization.

(e) Alteration of an EPA or other

form prescribed in this Regulation exAny corporation, trust, foundation, or

cept as authorized herein; institution (a) which is entitled to ex

(f) When limitations are imposed by emption under section 501(c)(3) of the

this Regulation upon the use of a grant Internal Revenue Code, or (b) which

clause, form procedure, or any other is not organized for profit and no part

grant action, the imposition of lesser or of the net earnings of which inure to greater limitations; or the benefit of any private shareholder or (g) When a policy, procedure, method individual.

or practice of administering or conduct& 30.1000–15 Project.

ing grant actions is prescribed by this

Regulation, any policy, procedure, An undertaking for which grant funds method, or practice inconsistent thereare awarded.

with. § 30.1000–16 Project costs.

& 30.1001–2 Request for deviation. All costs incurred by a grantee in ac Requests for deviations from this Regcomplishing the objectives of a grant ulation shall be submitted as far in adproject, not limited to those costs which vance as the exigencies of the situation are allowable in computing the final will permit. Where the deviation would EPA grant amount or total Federal

involve more than a unique special situassistance.

ation, e.g., will affect grantees as a class,

concurrence in the request for deviation § 30.1000–17 Project manager.

by the appropriate Assistant or Regional The person authorized and designated

Administrator(s) will be additionally reby the grantee to serve as the grantee's

quired. Each request for a deviation shall principal contact with EPA.

contain as a minimum:

(a) Identification of the section of this § 30.1000-18 Project period.

Regulation from which a deviation is The period of time approved by EPA sought; for completion of a supported project.

(b) A full description of the deviation

and the circumstances in which it will § 30.1000–19 Subagreement.

be used; A written agreement between a grantee (c) A description of the intended efand a third party for the furnishing offect of the deviation;

« PreviousContinue »