[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 6066-6083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2502]




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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 30 and 33



Grants and Agreements With Institutions of Higher Education, Hospitals, 
and Other Non-Profit Organizations; Interim Final Rule

  Federal Register / Vol. 61, No. 32 / Thursday, February 15, 1996 / 
Rules and Regulations  
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 30 and 33

[FRL-5409-7]
RIN 2030-AA32


Grants and Agreements With Institutions of Higher Education, 
Hospitals, and Other Non-Profit Organizations

AGENCY: Environmental Protection Agency.

ACTION: Interim final rule; Request for comments.

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SUMMARY: This interim final rule revises 40 CFR Part 30 and deletes 
Part 33 to incorporate the changes established by revised Office of 
Management and Budget (OMB) Circular A-110, ``Uniform Administrative 
Requirements for Grants and Agreements with Institutions of Higher 
Education, Hospitals and Other Non-Profit Institutions,'' published by 
OMB on November 29, 1993 (58 FR 62992).

DATES: This interim final rule is effective March 18, 1996. Written 
comments must be submitted on or before April 15, 1996.

ADDRESSES: Written comments should be sent to: Maureen M. Ross, Grants 
Policy and Procedures Branch (3903F) United States, Environmental 
Protection Agency, 401 M Street SW, Washington, D.C. 20460 (202) 260-
9297. Inquiries may also be submitted via electronic mail (e-mail) to: 
[email protected].
    Electronic inquiries must be submitted as an ASCII file avoiding 
the use of special characters and any form of encryption. Inquiries 
will also be accepted on discs in WordPerfect in 5.1 file format or 
ASCII file format. No Confidential Business Information should be 
submitted through e-mail.

FOR FURTHER INFORMATION CONTACT: Maureen M. Ross, Grants Policy and 
Procedures Branch (3903F), United States Environmental Protection 
Agency, 401 M Street SW, Washington, D.C. 20460, (202) 260-9297.

SUPPLEMENTARY INFORMATION: On November 29, 1993, OMB issued a revised 
Circular A-110, entitled ``Uniform Administrative Requirements for 
Grants and Agreements With Institutions of Higher Education, Hospitals 
and Other Non-Profit Organizations.'' The Circular provides standards 
for obtaining consistency and uniformity among Federal agencies in the 
administration of grants and agreements with institutions of higher 
education, hospitals, and other non-profit organizations.
    OMB initially issued Circular A-110 in 1976 and, except for a minor 
revision in February 1987, the Circular contained its original 
provisions until the revised Circular was published in 1993. To update 
the Circular, OMB established an interagency review task force. The 
task force solicited suggestions for changes to the Circular from 
university groups, non-profit organizations and other interested 
parties and compared, for consistency, the provisions of similar 
provisions applied to State and local governments. The revised Circular 
reflects the results of these efforts.
    In addition, OMB published a notice in the Federal Register (57 FR 
39018) on August 27, 1992, requesting comments on proposed revisions to 
Circular A-110. Interested parties were invited to submit comments. OMB 
received over 200 comments from Federal agencies, non-profit 
organizations, professional organizations and others. All comments were 
considered in developing the final revision.
    OMB directed Federal agencies responsible for awarding and 
administering grants and other agreements with institutions of higher 
learning, hospitals, and other non-profit organizations to adopt the 
language as it appears in the Circular unless different provisions are 
required by Federal statute or are approved by OMB.
    This rule does not apply to grants, contracts, or other agreements 
between the Federal Government and units of State or local governments 
covered by OMB Circular A-102, ``Grants and Cooperative Agreements with 
State and Local Governments,'' and EPA's regulation at 40 CFR Part 31. 
In addition, subawards and contracts to State or local governments are 
not covered by this rule. However, the rule applies to subawards made 
by State and local governments to organizations covered by this rule. 
The provisions of the rule may be applied to commercial organizations, 
foreign governments, organizations under the jurisdiction of foreign 
governments, and international organizations.
    The Circular inadvertently misstates the applicability of the 
statute commonly known as the Byrd Anti-Lobbying Amendment, 31 U.S.C. 
1352. The disclosure requirements apply to organizations which apply or 
bid for an award exceeding $100,000, not $100,000 or more. We have made 
this correction in Appendix A.
    The provisions related to lobbying activities in the former 
regulation at 40 CFR 30.601 are not being carried forward in this 
revision of Part 30. However, the restrictions in Office of Management 
and Budget Circulars A-21 and A-122 on the use of grant funds for 
lobbying remain in effect. The general restriction in EPA's 
Appropriation Acts prohibiting Federal funding of non-federal parties 
to intervene in regulatory or adjudicatory proceedings may also remain 
in effect.
    Two other changes have been made to Appendix A because of recent 
changes brought about by the Federal Acquisition Streamlining Act of 
1994. The threshold for the requirement to include a provision for 
compliance with the Copeland ``Anti-Kickback Act'' (18 U.S.C. 874) was 
raised from $2,000 to $100,000.
    The threshold for the requirement to include the provision for 
compliance with sections 102 and 107 of the Contract Work Hours and 
Safety Standards Act (40 U.S.C. 327-333) was raised to $100,000.
    The Environmental Protection Agency (EPA) is promulgating the 
Circular (with the changes discussed below) as an EPA regulation at 40 
CFR Part 30. This regulation will supersede the existing regulations at 
both 40 CFR Part 30 and 40 CFR Part 33.
    This rule adopts all of the OMB Circular provisions except for the 
following EPA-specific changes to the text:
    1. 30.18 Hotel and motel fire safety. The Hotel and Motel Fire 
Safety Act of 1990 (P. L. 101-391) requires the General Services 
Administration (GSA) to limit its lodging directories and lodging 
expense per diem surveys to hotels and motels that meet the law's fire 
protection and control guidelines. The Act establishes a number of fire 
safety standards which must be met for hotels and motels to be so 
listed by GSA. Further, beginning October 1, 1994, Federal funds may 
not be used to sponsor a conference, meeting, or training seminar held 
in a hotel or motel which does not meet these standards. If necessary, 
the head of the Federal agency may waive this prohibition in the public 
interest.
    2. 30.54 Quality assurance. A new section on quality assurance will 
be added to ensure that environmentally related measurements or data 
generation by recipients are performed in a manner designed to meet 
EPA's standards. This section will require recipients to develop 
procedures and standards to produce information of high quality and to 
minimize the potential for loss of data.
    3. Except in the definitions, certain generic terms in the Circular 
are being changed, if appropriate, to reflect EPA's terminology and 
usage, e.g., the term 

[[Page 6067]]
``Federal awarding agency'' and ``Federal Government'' and similar 
terms will be changed to ``EPA.'' In appropriate cases the term 
``Federal awarding agency'' has been changed to ``EPA award official.'' 
Other minor editing has been done as well. None of the editing of this 
type alters the provisions of the Circular.
    4. In certain cases the Circular includes indefinite language such 
as ``The Federal government may require.'' EPA is changing such wording 
to ``shall or will'' to reflect EPA's policies or procedures, where 
appropriate.
    5. At Sec. 30.23 EPA is adding language stipulating that EPA will 
not require cost sharing or matching unless required by statute, 
regulation, Executive Order, or official Agency policy.
    6. At Sec. 30.25(c) the wording is being changed to specify the 
office/official (i.e., the responsible technical program office or the 
award official) from whom written approvals are to be obtained.
    7. At Sec. 30.25(f)(1)(ii) EPA is changing the language to provide 
that recipients may incur pre-award costs 90 days before award and more 
than 90 days before award with approval of the award official.
    8. At Sec. 30.27(b) EPA is adding language limiting the salary rate 
of consultants to the maximum daily rate for level 4 of the Executive 
Schedule. This is a requirement of EPA's Appropriations Act.
    9. 30.44 Procurement procedures. EPA is adding language to ensure 
that if the prime contractor awards sub- contracts, the recipient must 
ensure that the prime contractor takes the same five steps as the 
recipient is required to take to utilize small businesses, minority-
owned firms and women's business enterprises, whenever possible. This 
additional language is needed to meet the requirements of EPA's 1993 
Appropriations Act, P.L. 102-389 (42 U.S.C. 4370d). That statute 
requires EPA for that fiscal year and for each one thereafter, to the 
fullest extent possible, to ensure at least eight percent of Federal 
funding for prime and subcontracts awarded in support of authorized 
programs be made available to business concerns owned or controlled by 
socially and economically disadvantaged individuals within the meaning 
of sections 8(a)(5) and (6) of the Small Business Act (15 U.S.C. 
Secs. 637 (a)(5) and (6)), and includes women and historically black 
colleges and universities.

Public Participation

    The policy of the Agency is, whenever practicable, to afford the 
public an opportunity to participate in the rulemaking process. 
Accordingly, interested persons may submit written comments, 
suggestions, or objections regarding the interim final rule to the 
location identified in this preamble.
Regulatory Impact Analysis

    EPA did not develop a Regulatory Flexibility Analysis for this 
interim final rule. This is because the rule is exempt from notice and 
comment rulemaking under section 553(a)(2) of the Administrative 
Procedure Act, 5 U.S.C. 553(a)(2), and therefore not subject to the 
analytical requirements of sections 603 and 604 of the Regulatory 
Flexibility Act, 5 U.S.C. 603 and 604.
    EPA considers this rulemaking to be a significant action under 
section 3(f)(2) of Executive Order 12866. Therefore the text was 
submitted to and reviewed by the Office of Management and Budget prior 
to promulgation.
Paperwork Reduction Act

    In keeping with the requirements of the Paperwork Reduction Act 
(PRA), as amended, 44 U.S.C. 3501 et seq, the information collection 
requirements contained in this rule have been approved by OMB as 
Standard Forms. This rule does not contain a collection of information 
beyond the already approved Standard Forms subject to the PRA.
Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the UMRA), 
P.L. 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for rules with ``Federal mandates'' that may result in 
expenditures by State, local, and tribal governments in the aggregate, 
or to the private sector, of $100 million in any one year. Before 
promulgating an EPA rule for which a written statement is needed, 
section 205 of the UMRA generally requires EPA to identify and consider 
a reasonable number of alternatives, and adopt the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must develop under section 203 of the UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, giving them meaningful and timely input in 
the development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising them 
on compliance with the regulatory requirements.
    Today's interim final rule contains no Federal mandates (within the 
meaning of the UMRA) for State, local, or tribal governments or the 
private sector. The UMRA excludes from the definitions of ``Federal 
intergovernmental mandate'' and ``Federal private sector mandate'' 
duties that arise from conditions of Federal assistance. This interim 
final rule prescribes as conditions of Federal assistance 
administrative requirements governing EPA grants to institutions of 
higher education, hospitals, and other non-profit organizations. Thus, 
it is not subject to the requirements of sections 202 and 205 of the 
UMRA. In addition, EPA has determined that this interim final rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Accordingly, it is not subject to 
the requirements of section 203 of the UMRA.
List of Subjects in 40 CFR Parts 30 and 33
    Environmental protection, Accounting, Administrative practice and 
procedures, grant programs, Grants programs-environmental protection, 
Reporting and recordkeeping requirements.

    Dated: January 11, 1996.
Carol Browner,
Administrator.
    For the reasons set forth in the preamble, under the authority of 
42 U.S.C. 7 U.S.C. 135 et seq.; 15 U.S.C. 2601 et seq.; 33 U.S.C. 1251 
et seq.; 42 U.S.C. 241, 242b, 243, 246, 300j-1, 300j-2, 300j-3, 1857 et 
seq., 6091 et seq.; and 42 U.S.C. 9601 et seq. 40 CFR part 33 is 
removed and part 30 is revised as set forth below:
PART 30--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER 
EDUCATION, HOSPITALS, AND OTHER NON-PRPFIT ORGANIZATIONS

Subpart A--General
Sec.

30.1 Purpose.

30.2 Definitions. 

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30.3 Effect on other issuances.
30.4 Deviations.
30.5 Subawards.
30.6 Availability of OMB circulars

Subpart B--Pre-Award Requirements

30.10 Purpose.
30.11 Pre-award policies.
30.12 Forms for applying for Federal assistance.
30.13 Debarment and suspension.
30.14 Special award conditions.
30.15 Metric system of measurement.
30.16 Resource Conservation and Recovery Act (RCRA).
30.17 Certifications and representations.
30.18 Hotel and motel fire safety.

 Subpart C--Post-Award Requirements

Financial and Program Management

30.20 Purpose of financial and program management.
30.21 Standards for financial management systems.
30.22 Payment.
30.23 Cost sharing or matching.
30.24 Program income.
30.25 Revision of budget and program plans.
30.26 Non-Federal audits.
30.27 Allowable costs.
30.28 Period of availability of funds.

Property Standards

30.30 Purpose of property standards.
30.31 Insurance coverage.
30.32 Real property.
30.33 Federally-owned and exempt property.
30.34 Equipment.
30.35 Supplies and other expendable property.
30.36 Intangible property.
30.37 Property trust relationship.

Procurement Standards

30.40 Purpose of procurement standards.
30.41 Recipient responsibilities.
30.42 Codes of conduct.
30.43 Competition.
30.44 Procurement procedures.
30.45 Cost and price analysis.
30.46 Procurement records.
30.47 Contract administration.
30.48 Contract provisions.

Reports and Records

30.50 Purpose of reports and records.
30.51 Monitoring and reporting program performance.
30.52 Financial reporting.
30.53 Retention and access requirements for records.
30.54 Quality assurance

Termination and Enforcement

30.60 Purpose of termination and enforcement.
30.61 Termination.
30.62 Enforcement.
30.63 Disputes.

Subpart D--After-the-Award Requirements

30.70 Purpose.
30.71 Closeout procedures.
30.72 Subsequent adjustments and continuing responsibilities.
30.73 Collection of amounts due.

Appendix to part 30--Contract Provisions

    Authority: 7 U.S.C. 135 et seq.; 15 U.S.C. 2601 et seq.; 33 
U.S.C. 1251 et seq.; 42 U.S.C. 241, 242b, 243, 246, 300f, 300j-1, 
300j-2, 300j-3; 42 U.S.C. 1857 et seq.; 42 U.S.C. 7401 et seq.; 42 
U.S.C. 6901 et seq.; 42 U.S.C. 9601 et seq.

Subpart A--General


Sec. 30.1  Purpose.

    This subpart establishes uniform administrative requirements for 
Federal grants and agreements awarded to institutions of higher 
education, hospitals, and other non-profit organizations. The 
Environmental Protection Agency (EPA) may not impose additional or 
inconsistent requirements, except as provided in Secs. 30.4, and 30.14 
or unless specifically required by Federal statute or Executive Order. 
Non-profit organizations that implement Federal programs for the States 
are also subject to State requirements.


Sec. 30.2  Definitions.

    (a) Accrued expenditures means the charges incurred by the 
recipient during a given period requiring the provision of funds for:
    (1) Goods and other tangible property received;
    (2) Services performed by employees, contractors, subrecipients, 
and other payees; and
    (3) Other amounts becoming owed under programs for which no current 
services or performance is required.
    (b) Accrued income means the sum of:
    (1) Earnings during a given period from;
    (i) Services performed by the recipient; and
    (ii) Goods and other tangible property delivered to purchasers; and
    (2) Amounts becoming owed to the recipient for which no current 
services or performance is required by the recipient.
    (c) Acquisition cost of equipment means the net invoice price of 
the equipment, including the cost of modifications, attachments, 
accessories, or auxiliary apparatus necessary to make the property 
usable for the purpose for which it was acquired. Other charges, such 
as the cost of installation, transportation, taxes, duty or protective 
in-transit insurance, shall be included or excluded from the unit 
acquisition cost in accordance with the recipient's regular accounting 
practices.
    (d) Advance means a payment made by Treasury check or other 
appropriate payment mechanism to a recipient upon its request either 
before outlays are made by the recipient or through the use of 
predetermined payment schedules.
    (e) Award means financial assistance that provides support or 
stimulation to accomplish a public purpose. Awards include grants and 
other agreements in the form of money or property in lieu of money, by 
the Federal Government to an eligible recipient. The term does not 
include: technical assistance, which provides services instead of 
money; other assistance in the form of loans, loan guarantees, interest 
subsidies, or insurance; direct payments of any kind to individuals; 
and, contracts which are required to be entered into and administered 
under procurement laws and regulations.
    (f) Cash contributions means the recipient's cash outlay, including 
the outlay of money contributed to the recipient by third parties.
    (g) Closeout means the process by which a Federal awarding agency 
determines that all applicable administrative actions and all required 
work of the award have been completed by the recipient and Federal 
awarding agency.
    (h) Contract means a procurement contract under an award or 
subaward, and a procurement subcontract under a recipient's or 
subrecipient's contract.
    (i) Cost sharing or matching means that portion of project or 
program costs not borne by the Federal Government.
    (j) Date of completion means the date on which all work under an 
award is completed or the date on the award document, or any supplement 
or amendment thereto, on which Federal sponsorship ends.
    (k) Disallowed costs means those charges to an award that the 
Federal awarding agency determines to be unallowable, in accordance 
with the applicable Federal cost principles or other terms and 
conditions contained in the award.
    (l) Equipment means tangible nonexpendable personal property 
including exempt property charged directly to the award having a useful 
life of more than one year and an acquisition cost of $5000 or more per 
unit. However, consistent with recipient policy, lower limits may be 
established.
    (m) Excess property means property under the control of any Federal 
awarding agency that, as determined by the head thereof, is no longer 
required for its needs or the discharge of its responsibilities.
    (n) Exempt property means tangible personal property acquired in 
whole or in part with Federal funds, where the Federal awarding agency 
has statutory authority to vest title in the recipient without further 
obligation to the Federal 

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Government. An example of exempt property authority is contained in the 
Federal Grant and Cooperative Agreement Act (31 U.S.C. 6306), for 
property acquired under an award to conduct basic or applied research 
by a non-profit institution of higher education or non-profit 
organization whose principal purpose is conducting scientific research.
    (o) Federal awarding agency means the Federal agency that provides 
an award to the recipient.
    (p) Federal funds authorized means the total amount of Federal 
funds obligated by the Federal Government for use by the recipient. 
This amount may include any authorized carryover of unobligated funds 
from prior funding periods when permitted by agency regulations or 
agency implementing instructions.
    (q) Federal share of real property, equipment, or supplies means 
that percentage of the property's acquisition costs and any improvement 
expenditures paid with Federal funds.
    (r) Funding period means the period of time when Federal funding is 
available for obligation by the recipient.
    (s) Intangible property and debt instruments means, but is not 
limited to, trademarks, copyrights, patents and patent applications and 
such property as loans, notes and other debt instruments, lease 
agreements, stock and other instruments of property ownership, whether 
considered tangible or intangible.
    (t) Obligations means the amounts of orders placed, contracts and 
grants awarded, services received and similar transactions during a 
given period that require payment by the recipient during the same or a 
future period.
    (u) Outlays or expenditures means charges made to the project or 
program. They may be reported on a cash or accrual basis. For reports 
prepared on a cash basis, outlays are the sum of cash disbursements for 
direct charges for goods and services, the amount of indirect expense 
charged, the value of third party in-kind contributions applied and the 
amount of cash advances and payments made to subrecipients. For reports 
prepared on an accrual basis, outlays are the sum of cash disbursements 
for direct charges for goods and services, the amount of indirect 
expense incurred, the value of in-kind contributions applied, and the 
net increase (or decrease) in the amounts owed by the recipient for 
goods and other property received, for services performed by employees, 
contractors, subrecipients and other payees and other amounts becoming 
owed under programs for which no current services or performance are 
required.
    (v) Personal property means property of any kind except real 
property. It may be tangible, having physical existence, or intangible, 
having no physical existence, such as copyrights, patents, or 
securities.
    (w) Prior approval means written approval by an authorized official 
evidencing prior consent.
    (x) Program income means gross income earned by the recipient that 
is directly generated by a supported activity or earned as a result of 
the award (see exclusions in Sec. 30.24 (e) and (h)). Program income 
includes, but is not limited to, income from fees for services 
performed, the use or rental of real or personal property acquired 
under federally-funded projects, the sale of commodities or items 
fabricated under an award, license fees and royalties on patents and 
copyrights, and interest on loans made with award funds. Interest 
earned on advances of Federal funds is not program income. Except as 
otherwise provided in Federal awarding agency regulations or the terms 
and conditions of the award, program income does not include the 
receipt of principal on loans, rebates, credits, discounts, etc., or 
interest earned on any of them.
    (y) Project costs means all allowable costs, as set forth in the 
applicable Federal cost principles, incurred by a recipient and the 
value of the contributions made by third parties in accomplishing the 
objectives of the award during the project period.
    (z) Project period means the period established in the award 
document during which Federal sponsorship begins and ends.
    (aa) Property means, unless otherwise stated, real property, 
equipment, intangible property and debt instruments.
    (bb) Real property means land, including land improvements, 
structures and appurtenances thereto, but excludes movable machinery 
and equipment.
    (cc) Recipient means an organization receiving financial assistance 
directly from Federal awarding agencies to carry out a project or 
program. The term includes public and private institutions of higher 
education, public and private hospitals, and other quasi-public and 
private non-profit organizations such as, but not limited to, community 
action agencies, research institutes, educational associations, and 
health centers. The term may include commercial organizations, foreign 
or international organizations (such as agencies of the United Nations) 
which are recipients, subrecipients, or contractors or subcontractors 
of recipients or subrecipients at the discretion of the Federal 
awarding agency. The term does not include government-owned contractor-
operated facilities or research centers providing continued support for 
mission-oriented, large-scale programs that are government-owned or 
controlled, or are designated as federally-funded research and 
development centers.
    (dd) Research and development means all research activities, both 
basic and applied, and all development activities that are supported at 
universities, colleges, and other non-profit institutions. ``Research'' 
is defined as a systematic study directed toward fuller scientific 
knowledge or understanding of the subject studied. ``Development'' is 
the systematic use of knowledge and understanding gained from research 
directed toward the production of useful materials, devices, systems, 
or methods, including design and development of prototypes and 
processes. The term research also includes activities involving the 
training of individuals in research techniques where such activities 
utilize the same facilities as other research and development 
activities and where such activities are not included in the 
instruction function.
    (ee) Small award means a grant or cooperative agreement not 
exceeding the small purchase threshold fixed at 41 U.S.C. 403(11) 
(currently $100,000).
    (ff) Subaward means an award of financial assistance in the form of 
money, or property in lieu of money, made under an award by a recipient 
to an eligible subrecipient or by a subrecipient to a lower tier 
subrecipient. The term includes financial assistance when provided by 
any legal agreement, even if the agreement is called a contract, but 
does not include procurement of goods and services nor does it include 
any form of assistance which is excluded from the definition of 
``award'' in paragraph (e) of this section.
    (gg) Subrecipient means the legal entity to which a subaward is 
made and which is accountable to the recipient for the use of the funds 
provided. The term may include foreign or international organizations 
(such as agencies of the United Nations) at the discretion of the 
Federal awarding agency.
    (hh) Supplies means all personal property excluding equipment, 
intangible property, and debt instruments as defined in this section, 
and inventions of a contractor conceived or first actually reduced to 
practice in the performance of work under a funding agreement 
(``subject 

[[Page 6070]]
inventions''), as defined in 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts, and Cooperative Agreements.''
    (ii) Suspension means an action by a Federal awarding agency that 
temporarily withdraws Federal sponsorship under an award, pending 
corrective action by the recipient or pending a decision to terminate 
the award by the Federal awarding agency. Suspension of an award is a 
separate action from suspension under Federal agency regulations 
implementing Executive Orders 12549 and 12689, ``Debarment and 
Suspension.''
    (jj) Termination means the cancellation of Federal sponsorship, in 
whole or in part, under an agreement at any time prior to the date of 
completion.
    (kk) Third party in-kind contributions means the value of non-cash 
contributions provided by non-Federal third parties. Third party in-
kind contributions may be in the form of real property, equipment, 
supplies and other expendable property, and the value of goods and 
services directly benefiting and specifically identifiable to the 
project or program.
    (ll) Unliquidated obligations, for financial reports prepared on a 
cash basis, means the amount of obligations incurred by the recipient 
that have not been paid. For reports prepared on an accrued expenditure 
basis, they represent the amount of obligations incurred by the 
recipient for which an outlay has not been recorded.
    (mm) Unobligated balance means the portion of the funds authorized 
by the Federal awarding agency that has not been obligated by the 
recipient and is determined by deducting the cumulative obligations 
from the cumulative funds authorized.
    (nn) Unrecovered indirect cost means the difference between the 
amount awarded and the amount which could have been awarded under the 
recipient's approved negotiated indirect cost rate.
    (oo) Working capital advance means a procedure where by funds are 
advanced to the recipient to cover its estimated disbursement needs for 
a given initial period.


Sec. 30.3  Effect on other issuances.

    For awards subject to Circular A-110, all administrative 
requirements of codified program regulations, program manuals, 
handbooks and other nonregulatory materials which are inconsistent with 
the requirements of Circular A-110 shall be superseded, except to the 
extent they are required by statute, or authorized in accordance with 
the deviations provision in Sec. 30.4.


Sec. 30.4  Deviations.

    The Office of Management and Budget (OMB) may grant exceptions for 
classes of grants or recipients subject to the requirements of Circular 
A-110 when exceptions are not prohibited by statute. However, in the 
interest of maximum uniformity, exceptions from the requirements of 
Circular A-110 shall be permitted only in unusual circumstances. EPA 
may apply more restrictive requirements to a class of recipients when 
approved by OMB. EPA may apply less restrictive requirements when 
awarding small awards, except for those requirements which are 
statutory. Exceptions on a case-by-case basis may also be made by EPA.
Sec. 30.5  Subawards.

    Unless sections of Circular A-110 specifically exclude 
subrecipients from coverage, the provisions of Circular A-110 shall be 
applied to subrecipients performing work under awards if such 
subrecipients are institutions of higher education, hospitals or other 
non-profit organizations. State and local government subrecipients are 
subject to the provisions of regulations in 40 CFR part 31 implementing 
the grants management common rule, ``Uniform Administrative 
Requirements for Grants and Cooperative Agreements to State and Local 
Governments,''.
Sec. 30.6  Availability of OMB circulars.

    OMB circulars cited in this part are available from the Office of 
Management and Budget (OMB) by writing to the Executive Office of the 
President, Publications Service, 725 17th Street, NW., Suite 200, 
Washington, DC 20503.
Subpart B--Pre-Award Requirements
Sec. 30.10  Purpose.

    Sections 30.11 through 30.18 prescribe forms and instructions and 
other pre-award matters to be used in applying for Federal awards.


Sec. 30.11  Pre-award policies.

    (a) Use of Grants and Cooperative Agreements, and Contracts. In 
each instance, EPA shall decide on the appropriate award instrument 
(i.e., grant, cooperative agreement, or contract). The Federal Grant 
and Cooperative Agreement Act (31 U.S.C. 6301-08) governs the use of 
grants, cooperative agreements and contracts. A grant or cooperative 
agreement shall be used only when the principal purpose of a 
transaction is to accomplish a public purpose of support or stimulation 
authorized by Federal statute. The statutory criterion for choosing 
between grants and cooperative agreements is that for the latter, 
``substantial involvement is expected between the executive agency and 
the State, local government, or other recipient when carrying out the 
activity contemplated in the agreement.'' Contracts shall be used when 
the principal purpose is acquisition of property or services for the 
direct benefit or use of the Federal Government.
    (b) Public notice and priority setting. EPA shall notify the public 
of its intended funding priorities for discretionary grant programs, 
unless funding priorities are established by Federal statute.
    (c) By submitting an application to EPA, the applicant grants EPA 
permission to share the application with technical reviewers both 
within and outside the Agency.


Sec. 30.12  Forms for applying for Federal assistance.

    (a) EPA shall comply with the applicable report clearance 
requirements of 5 CFR part 1320, ``Controlling Paperwork Burdens on the 
Public,'' with regard to all forms used by EPA in place of or as a 
supplement to the Standard Form 424 (SF-424) series.
    (b) Applicants shall use the SF-424 series or those forms and 
instructions prescribed by EPA.
    (c) For Federal programs covered by Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' the applicant shall 
complete the appropriate sections of the SF-424 (Application for 
Federal Assistance) indicating whether the application was subject to 
review by the State Single Point of Contact (SPOC). The name and 
address of the SPOC for a particular State can be obtained from EPA or 
the Catalog of Federal Domestic Assistance. The SPOC shall advise the 
applicant whether the program for which application is made has been 
selected by that State for review.
    (d) If the SF-424 form is not used EPA should indicate whether the 
application is subject to review by the State under Executive Order 
12372.


Sec. 30.13  Debarment and suspension.

    EPA and recipients shall comply with the nonprocurement debarment 
and suspension regulations in 40 CFR part 32 implementing Executive 
Orders 12549 and 12689, ``Debarment and Suspension.'' 40 CFR part 32 
restricts subawards and contracts with certain parties that are 
debarred, suspended or otherwise excluded from or ineligible for 
participation in Federal assistance programs or activities. 

[[Page 6071]]



Sec. 30.14  Special award conditions.

    If an applicant or recipient: has a history of poor performance, is 
not financially stable; has a management system that does not meet the 
standards prescribed in Circular A-110; has not conformed to the terms 
and conditions of a previous award; or is not otherwise responsible, 
EPA may impose additional requirements as needed, provided that such 
applicant or recipient is notified in writing as to: the nature of the 
additional requirements, the reason why the additional requirements are 
being imposed, the nature of the corrective action needed, the time 
allowed for completing the corrective actions, and the method for 
requesting reconsideration of the additional requirements imposed. Any 
special conditions shall be promptly removed once the conditions that 
prompted them have been corrected.


Sec. 30.15  Metric system of measurement.

    The Metric Conversion Act, as amended by the Omnibus Trade and 
Competitiveness Act (15 U.S.C. 205), declares that the metric system is 
the preferred measurement system for U.S. trade and commerce. The Act 
requires each Federal agency to establish a date or dates in 
consultation with the Secretary of Commerce, when the metric system of 
measurement will be used in the agency's procurements, grants, and 
other business-related activities. Metric implementation may take 
longer where the use of the system is initially impractical or likely 
to cause significant inefficiencies in the accomplishment of federally-
funded activities. EPA shall follow the provisions of Executive Order 
12770, ``Metric Usage in Federal Government Programs.''


Sec. 30.16  Resource Conservation and Recovery Act (RCRA).

    Resource Conservation and Recovery Act (RCRA) (Public Law 94-580 
codified at 42 U.S.C. 6962). Under the Act, any State agency or agency 
of a political subdivision of a State which is using appropriated 
Federal funds must comply with Section 6002. Section 6002 requires that 
preference be given in procurement programs to the purchase of specific 
products containing recycled materials identified in guidelines 
developed by EPA (40 CFR parts 247 through 254). Accordingly, State and 
local institutions of higher education, hospitals, and non-profit 
organizations that receive direct Federal awards or other Federal funds 
shall give preference in their procurement programs funded with Federal 
funds to the purchase of recycled products pursuant to EPA's 
guidelines. Further, pursuant to Executive Order 12873 (dated October 
20, 1993) recipients are to print documents/reports prepared under an 
EPA award of assistance double sided on recycled paper. This 
requirement does not apply to Standard Forms. These forms are printed 
on recycled paper as available through the General Services 
Administration.


Sec. 30.17  Certifications and representations.

    Unless prohibited by statute or codified regulation, EPA will allow 
recipients to submit certifications and representations required by 
statute, Executive Order, or regulation on an annual basis, if the 
recipients have ongoing and continuing relationships with the agency. 
Annual certifications and representations shall be signed by 
responsible officials with the authority to ensure recipients' 
compliance with the pertinent requirements.


Sec. 30.18  Hotel and motel fire safety.

    The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) 
establishes a number of fire safety standards which must be met for 
hotels and motels. The law provides further that Federal funds may not 
be used to sponsor a conference, meeting, or training seminar held in a 
hotel or motel which does not meet the law's fire protection and 
control guidelines. If necessary, the head of the Federal agency may 
waive this prohibition in the public interest.

Subpart C--Post-Award Requirements

Financial and Program Management


Sec. 30.20  Purpose of financial and program management.

    Sections 30.21 through 30.28 prescribe standards for financial 
management systems, methods for making payments and rules for: 
satisfying cost sharing and matching requirements, accounting for 
program income, budget revision approvals, making audits, determining 
allowability of cost, and establishing fund availability.


Sec. 30.21  Standards for financial management systems.

    (a) EPA shall require recipients to relate financial data to 
performance data and develop unit cost information whenever practical.
    (b) Recipients' financial management systems shall provide for the 
following.
    (1) Accurate, current and complete disclosure of the financial 
results of each federally-sponsored project or program in accordance 
with the reporting requirements set forth in Sec. 30.52. If EPA 
requires reporting on an accrual basis from a recipient that maintains 
its records on other than an accrual basis, the recipient shall not be 
required to establish an accrual accounting system. These recipients 
may develop such accrual data for its reports on the basis of an 
analysis of the documentation on hand.
    (2) Records that identify adequately the source and application of 
funds for federally-sponsored activities. These records shall contain 
information pertaining to Federal awards, authorizations, obligations, 
unobligated balances, assets, outlays, income and interest.
    (3) Effective control over and accountability for all funds, 
property and other assets. Recipients shall adequately safeguard all 
such assets and assure they are used solely for authorized purposes.
    (4) Comparison of outlays with budget amounts for each award. 
Whenever appropriate, financial information should be related to 
performance and unit cost data.
    (5) Written procedures to minimize the time elapsing between the 
transfer of funds to the recipient from the U.S. Treasury and the 
issuance or redemption of checks, warrants or payments by other means 
for program purposes by the recipient. To the extent that the 
provisions of the Cash Management Improvement Act (CMIA) (Pub. L. 101-
453) govern, payment methods of State agencies, instrumentalities, and 
fiscal agents shall be consistent with CMIA Treasury-State Agreements 
or the CMIA default procedures codified at 31 CFR part 205, 
``Withdrawal of Cash from the Treasury for Advances under Federal Grant 
and Other Programs.''
    (6) Written procedures for determining the reasonableness, 
allocability and allowability of costs in accordance with the 
provisions of the applicable Federal cost principles and the terms and 
conditions of the award.
    (7) Accounting records including cost accounting records that are 
supported by source documentation.
    (c) Where the EPA guarantees or insures the repayment of money 
borrowed by the recipient, the recipient shall provide adequate bonding 
and insurance if the bonding and insurance requirements of the 
recipient are not deemed adequate to protect the interest of the 
Federal Government.
    (d) Recipients shall obtain adequate fidelity bond coverage where 
coverage to protect the Federal Government's interest is insufficient.
    (e) Where bonds are required in the situations described above, the 
bonds shall be obtained from companies 

[[Page 6072]]
holding certificates of authority as acceptable sureties, as prescribed 
in 31 CFR part 223, ``Surety Companies Doing Business with the United 
States.''


Sec. 30.22  Payment.

    (a) Payment methods shall minimize the time elapsing between the 
transfer of funds from the United States Treasury and the issuance or 
redemption of checks, warrants, or payment by other means by the 
recipients. Payment methods of State agencies or instrumentalities 
shall be consistent with Treasury-State CMIA agreements or default 
procedures codified at 31 CFR part 205.
    (b) Recipients are to be paid in advance, provided they maintain or 
demonstrate the willingness to maintain: written procedures that 
minimize the time elapsing between the transfer of funds and 
disbursement by the recipient; and financial management systems that 
meet the standards for fund control and accountability as established 
in Sec. 30.21. Cash advances to a recipient organization shall be 
limited to the minimum amounts needed and be timed to be in accordance 
with the actual, immediate cash requirements of the recipient 
organization in carrying out the purpose of the approved program or 
project. The timing and amount of cash advances shall be as close as is 
administratively feasible to the actual disbursements by the recipient 
organization for direct program or project costs and the proportionate 
share of any allowable indirect costs.
    (c) Whenever possible, advances shall be consolidated to cover 
anticipated cash needs for all awards made by the EPA to the recipient.
    (1) Advance payment mechanisms include, but are not limited to, 
Treasury check and electronic funds transfer.
    (2) Advance payment mechanisms are subject to 31 CFR part 205.
    (3) Recipients shall be authorized to submit requests for advances 
and reimbursements at least monthly when electronic fund transfers are 
not used.
    (d) Requests for Treasury check advance payment shall be submitted 
on SF-270, ``Request for Advance or Reimbursement,'' or other forms as 
may be authorized by OMB. This form is not to be used when Treasury 
check advance payments are made to the recipient automatically through 
the use of a predetermined payment schedule or if precluded by special 
instructions for electronic funds transfer.
    (e) Reimbursement is the preferred method when the requirements in 
paragraph (b) of this section cannot be met. EPA may also use this 
method on any construction agreement, or if the major portion of the 
construction project is accomplished through private market financing 
or Federal loans, and the Federal assistance constitutes a minor 
portion of the project.
    (1) When the reimbursement method is used, EPA shall make payment 
within 30 days after receipt of the billing, unless the billing is 
improper.
    (2) Recipients shall be authorized to submit request for 
reimbursement at least monthly when electronic funds transfers are not 
used.
    (f) If a recipient cannot meet the criteria for advance payments 
and EPA has determined that reimbursement is not feasible because the 
recipient lacks sufficient working capital, EPA may provide cash on a 
working capital advance basis. Under this procedure, EPA shall advance 
cash to the recipient to cover its estimated disbursement needs for an 
initial period generally geared to the awardee's disbursing cycle. 
Thereafter, EPA shall reimburse the recipient for its actual cash 
disbursements. The working capital advance method of payment shall not 
be used for recipients unwilling or unable to provide timely advances 
to their subrecipient to meet the subrecipient's actual cash 
disbursements.
    (g) To the extent available, recipients shall disburse funds 
available from repayments to and interest earned on a revolving fund, 
program income, rebates, refunds, contract settlements, audit 
recoveries and interest earned on such funds before requesting 
additional cash payments.
    (h) Unless otherwise required by statute, EPA shall not withhold 
payments for proper charges made by recipients at any time during the 
project period unless paragraph (h)(1) or (2) of this section applies.
    (1) A recipient has failed to comply with the project objectives, 
the terms and conditions of the award, or Federal reporting 
requirements.
    (2) The recipient or subrecipient is delinquent in a debt to the 
United States as defined in OMB Circular A-129, ``Managing Federal 
Credit Programs.'' Under such conditions, EPA may, upon reasonable 
notice, inform the recipient that payments shall not be made for 
obligations incurred after a specified date until the conditions are 
corrected or the indebtedness to the Federal Government is liquidated.
    (i) Standards governing the use of banks and other institutions as 
depositories of funds advanced under awards are as follows.
    (1) Except for situations described in paragraph (i)(2) of this 
section, EPA shall not require separate depository accounts for funds 
provided to a recipient or establish any eligibility requirements for 
depositories for funds provided to a recipient. However, recipients 
must be able to account for the receipt, obligation and expenditure of 
funds.
    (2) Advances of Federal funds shall be deposited and maintained in 
insured accounts whenever possible.
    (j) Consistent with the national goal of expanding the 
opportunities for women-owned and minority-owned business enterprises, 
recipients shall be encouraged to use women-owned and minority-owned 
banks (a bank which is owned at least 50 percent by women or minority 
group members).
    (k) Recipients shall maintain advances of Federal funds in interest 
bearing accounts, unless paragraph (k) (1), (2) or (3) of this section 
applies.
    (1) The recipient receives less than $120,000 in Federal awards per 
year.
    (2) The best reasonably available interest bearing account would 
not be expected to earn interest in excess of $250 per year on Federal 
cash balances.
    (3) The depository would require an average or minimum balance so 
high that it would not be feasible within the expected Federal and non-
Federal cash resources.
    (l) For those entities where CMIA and its implementing regulations 
do not apply, interest earned on Federal advances deposited in interest 
bearing accounts shall be remitted annually to Department of Health and 
Human Services, Payment Management System, P.O. Box 6021, Rockville, MD 
20852. Interest amounts up to $250 per year may be retained by the 
recipient for administrative expense. State universities and hospitals 
shall comply with CMIA, as it pertains to interest. If an entity 
subject to CMIA uses its own funds to pay pre-award costs for 
discretionary awards without prior written approval from EPA, it waives 
its right to recover the interest under CMIA. In keeping with 
Electronic Funds Transfer rules, (31 CFR Part 206), interest should be 
remitted to the HHS Payment Management System through an electronic 
medium such as the FEDWIRE Deposit system. Recipients which do not have 
this capability should use a check.
    (m) Except as noted elsewhere in Circular A-110, only the following 
forms shall be authorized for the recipients in requesting advances and 
reimbursements. EPA shall not require more than an original and two 
copies of these forms.
    (1) SF-270, Request for Advance or Reimbursement. EPA shall adopt 
the SF-270 as a standard form for all 

[[Page 6073]]
nonconstruction programs when electronic funds transfer or 
predetermined advance methods are not used. However, EPA has the option 
of using this form for construction programs in lieu of the SF-271, 
``Outlay Report and Request for Reimbursement for Construction 
Programs.''
    (2) SF-271, Outlay Report and Request for Reimbursement for 
Construction Programs. EPA shall adopt the SF-271 as the standard form 
to be used for requesting reimbursement for construction programs. 
However, the SF-270 may be substituted when EPA determines that it 
provides adequate information to meet its needs.


Sec. 30.23  Cost sharing or matching.

    EPA shall not require cost sharing or matching unless required by 
statute, regulation, Executive Order, or official Agency policy.
    (a) All contributions, including cash and third party in-kind, 
shall be accepted as part of the recipient's cost sharing or matching 
when such contributions meet all of the following criteria.
    (1) Are verifiable from the recipient's records.
    (2) Are not included as contributions for any other federally-
assisted project or program.
    (3) Are necessary and reasonable for proper and efficient 
accomplishment of project or program objectives.
    (4) Are allowable under the applicable cost principles.
    (5) Are not paid by the Federal Government under another award, 
except where authorized by Federal statute to be used for cost sharing 
or matching.
    (6) Are identified in the approved budget.
    (7) Conform to other provisions of Circular A-110, as applicable.
    (b) Unrecovered indirect costs may be included as part of cost 
sharing or matching only with the prior approval of the EPA Award 
Official.
    (c) Values for recipient contributions of services and property 
shall be established in accordance with the applicable cost principles. 
If, after consultation with Agency property management personnel, the 
EPA Award Official authorizes recipients to donate buildings or land 
for construction or facilities acquisition projects or long-term use, 
the value of the donated property for cost sharing or matching shall be 
the lesser of paragraph (c) (1) or (2) of this section.
    (1) The certified value of the remaining life of the property 
recorded in the recipient's accounting records at the time of donation.
    (2) The current fair market value. However, when there is 
sufficient justification, the EPA Award Official may approve the use of 
the current fair market value of the donated property, even if it 
exceeds the certified value at the time of donation to the project.
    (d) Volunteer services furnished by professional and technical 
personnel, consultants, and other skilled and unskilled labor may be 
counted as cost sharing or matching if the service is an integral and 
necessary part of an approved project or program. Rates for volunteer 
services shall be consistent with those paid for similar work in the 
recipient's organization. In those instances in which the required 
skills are not found in the recipient organization, rates shall be 
consistent with those paid for similar work in the labor market in 
which the recipient competes for the kind of services involved. In 
either case, paid fringe benefits that are reasonable, allowable, and 
allocable may be included in the valuation.
    (e) When an employer other than the recipient furnishes the 
services of an employee, these services shall be valued at the 
employee's regular rate of pay (plus an amount of fringe benefits that 
are reasonable, allowable, and allocable, but exclusive of overhead 
costs), provided these services are in the same skill for which the 
employee is normally paid.
    (f) Donated supplies may include such items as expendable 
equipment, office supplies, laboratory supplies or workshop and 
classroom supplies. Value assessed to donated supplies included in the 
cost sharing or matching share shall be reasonable and shall not exceed 
the fair market value of the property at the time of the donation.
    (g) The method used for determining cost sharing or matching for 
donated equipment, buildings and land for which title passes to the 
recipient may differ according to the purpose of the award, if 
paragraph (g) (1) or (2) of this section applies.
    (1) If the purpose of the award is to assist the recipient in the 
acquisition of equipment, buildings or land, the total value of the 
donated property may be claimed as cost sharing or matching.
    (2) If the purpose of the award is to support activities that 
require the use of equipment, buildings or land, normally only 
depreciation or use charges for equipment and buildings may be made. 
However, the full value of equipment or other capital assets and fair 
rental charges for land may be allowed, provided that the EPA technical 
program office, after consultation with EPA property management 
personnel, has approved the charges.
    (h) The value of donated property shall be determined in accordance 
with the usual accounting policies of the recipient, with the following 
qualifications.
    (1) The value of donated land and buildings shall not exceed its 
fair market value at the time of donation to the recipient as 
established by an independent appraiser (e.g., certified real property 
appraiser or General Services Administration representative) and 
certified by a responsible official of the recipient.
    (2) The value of donated equipment shall not exceed the fair market 
value of equipment of the same age and condition at the time of 
donation.
    (3) The value of donated space shall not exceed the fair rental 
value of comparable space as established by an independent appraisal of 
comparable space and facilities in a privately-owned building in the 
same locality.
    (4) The value of loaned equipment shall not exceed its fair rental 
value.
    (5) The following requirements pertain to the recipient's 
supporting records for in-kind contributions from third parties.
    (i) Volunteer services shall be documented and, to the extent 
feasible, supported by the same methods used by the recipient for its 
own employees.
    (ii) The basis for determining the valuation for personal service, 
material, equipment, buildings and land shall be documented.


Sec. 30.24  Program income.

    (a) EPA shall apply the standards set forth in this section in 
requiring recipient organizations to account for program income related 
to projects financed in whole or in part with Federal funds.
    (b) Except as provided in paragraph (h) of this section, program 
income earned during the project period shall be retained by the 
recipient and, in accordance with EPA regulations or the terms and 
conditions of the award, shall be used in one or more of the ways 
listed in the following.
    (1) Added to funds committed to the project by EPA and recipient 
and used to further eligible project or program objectives.
    (2) Used to finance the non-Federal share of the project or 
program.
    (3) Deducted from the total project or program allowable cost in 
determining the net allowable costs on which the Federal share of costs 
is based.
    (c) When EPA authorizes the disposition of program income as 
described in paragraphs (b)(1) or (2) of 

[[Page 6074]]
this section, program income in excess of any limits stipulated shall 
be used in accordance with paragraph (b)(3) of this section.
    (d) In the event that the EPA does not specify in its regulations 
or the terms and conditions of the award how program income is to be 
used, paragraph (b)(3) of this section shall apply automatically to all 
projects or programs except research. For awards that support research, 
paragraph (b)(1) of this section shall apply automatically unless EPA 
indicates in the terms and conditions another alternative on the award 
or the recipient is subject to special award conditions, as indicated 
in Sec. 30.14.
    (e) Unless EPA regulations or the terms and conditions of the award 
provide otherwise, recipients shall have no obligation to the Federal 
Government regarding program income earned after the end of the project 
period.
    (f) If authorized by EPA regulations or the terms and conditions of 
the award, costs incident to the generation of program income may be 
deducted from gross income to determine program income, provided these 
costs have not been charged to the award.
    (g) Proceeds from the sale of property shall be handled in 
accordance with the requirements of the Property Standards (See 
Secs. 30.30 through 30.37).
    (h) Unless EPA regulations or the terms and condition of the award 
provide otherwise, recipients shall have no obligation to the Federal 
Government with respect to program income earned from license fees and 
royalties for copyrighted material, patents, patent applications, 
trademarks, and inventions produced under an award. However, Patent and 
Trademark Amendments (35 U.S.C. 18) apply to inventions made under an 
experimental, developmental, or research award.


Sec. 30.25  Revision of budget and program plans.

    (a) The budget plan is the financial expression of the project or 
program as approved during the award process. The budget shall include 
both the Federal and non-Federal share. It shall be related to 
performance for program evaluation purposes whenever appropriate.
    (b) Recipients are required to report deviations from budget and 
program plans, and request prior approvals for budget and program plan 
revisions, in accordance with this section.
    (c) For nonconstruction awards, unless EPA regulations provide 
otherwise, recipients shall request prior written approvals from:
    (1) The EPA Award Official for the following:
    (i) Change in the scope or the objective of the project or program 
(even if there is no associated budget revision requiring prior written 
approval).
    (ii) The need for additional Federal funding.
    (iii) The inclusion of costs that require prior approval in 
accordance with OMB Circular A-21, ``Cost Principles for Institutions 
of Higher Education,'' OMB Circular A-122, ``Cost Principles for Non-
Profit Organizations,'' or 45 CFR part 74 Appendix E, ``Principles for 
Determining Costs Applicable to Research and Development under Grants 
and Contracts with Hospitals,'' or 48 CFR part 31, ``Contract Cost 
Principles and Procedures,'' as applicable.
    (2) The technical program office for the following:
    (i) Change in a key person specified in the application or award 
document.
    (ii) The absence for more than three months, or a 25 percent 
reduction in time devoted to the project, by the approved project 
director or principal investigator.
    (iii) The transfer of amounts budgeted for indirect costs to absorb 
increases in direct costs, or vice versa.
    (iv) The transfer of funds allotted for training allowances (direct 
payment to trainees) to other categories of expense.
    (v) Unless described in the application and funded in the approved 
award, the subaward, transfer or contracting out of any work under an 
award. This provision does not apply to the purchase of supplies, 
material, equipment or general support services.
    (d) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (e) Except for requirements listed in paragraphs (c)(1)(i) and (ii) 
of this section, the EPA Award Official may waive cost-related and 
administrative prior written approvals required by this part and OMB 
cost principles. For awards that support research, these prior approval 
requirements are automatically waived unless:
    (1) EPA provides otherwise in the award or agency regulation or
    (2) One of the conditions in paragraph (f)(2)(i) of this section 
applies.
    (f) Recipients are authorized without prior approval or a waiver 
to:
    (1) Incur pre-award costs 90 calendar days prior to award.
    (i) Pre-award costs incurred more than 90 calendar days prior to 
award require the prior approval of the EPA Award Official.
    (ii) The applicant must include all pre-award costs in its 
application.
    (iii) The applicant incurs such costs at its own risk (i.e., EPA is 
under no obligation to reimburse such costs if for any reason the 
recipient does not receive an award or if the award is less than 
anticipated and inadequate to cover such costs).
    (iv) EPA will only allow pre-award costs without approval if there 
are sufficient programmatic reasons for incurring the expenditures 
prior to the award (e.g., time constraints, weather factors, etc.), 
they are in conformance with the appropriate cost principles, and any 
procurement complies with the requirements of this rule.
    (2) Extend the expiration date of the award one time for up to 12 
months.
    (i) A one-time extension may not be initiated if:
    (A) The terms and conditions of the award prohibit the extension;
    (B) The extension requires additional Federal funds; or
    (C) The extension involves any change in the approved objectives or 
scope of the project.
    (ii) For one-time extensions, the recipient must notify the EPA 
Award Official in writing with the supporting reasons and revised 
expiration date at least 10 days before the expiration date specified 
in the award.
    (iii) This one-time extension may not be exercised merely for the 
purpose of using unobligated balances.
    (3) Carry forward unobligated balances to subsequent funding 
periods providing the recipient notifies the EPA Award Official by 
means of the Financial Status Report.
    (g) The EPA technical program office may, at its option, restrict 
the transfer of funds among direct cost categories or programs, 
functions and activities for awards in which the Federal share of the 
project exceeds $100,000 and the cumulative amount of such transfers 
exceeds or is expected to exceed 10 percent of the total budget as last 
approved by EPA. Except as provided for at paragraph (c) of this 
section, for awards in which the Federal share is less than $100,000 
there are no restrictions on transfers of funds among direct cost 
categories. EPA shall not permit a transfer that would cause any 
Federal appropriation or part thereof to be used for purposes other 
than those consistent with the original intent of the appropriation.
    (h) All other changes to nonconstruction budgets, except for the 
changes described in paragraph (j) of this section, do not require 
prior approval.
    (i) For construction awards, recipients shall request prior written 
approval promptly from EPA for budget revisions whenever paragraph 
(h)(1), (2) or (3) of this section applies. 

[[Page 6075]]

    (1) The revision results from changes in the scope or the objective 
of the project or program.
    (2) The need arises for additional Federal funds to complete the 
project.
    (3) A revision is desired which involves specific costs for which 
prior written approval requirements may be imposed consistent with 
applicable OMB cost principles listed in Sec. 30.27.
    (j) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (k) When EPA makes an award that provides support for both 
construction and nonconstruction work, EPA may require the recipient to 
request prior approval before making any fund or budget transfers 
between the two types of work supported.
    (l) For both construction and nonconstruction awards, EPA shall 
require recipients to notify the agency in writing promptly whenever 
the amount of Federal authorized funds is expected to exceed the needs 
of the recipient for the project period by more than $5000 or five 
percent of the Federal award, whichever is greater. This notification 
shall not be required if an application for additional funding is 
submitted for a continuation award.
    (m) When requesting approval for budget revisions, recipients shall 
use the budget forms that were used in the application unless the EPA 
indicates that a letter clearly describing the details of the request 
will suffice.
    (n) Within 30 calendar days from the date of receipt of the request 
for budget revisions, EPA shall review the request and notify the 
recipient whether the budget revisions have been approved. If the 
revision is still under consideration at the end of 30 calendar days, 
EPA shall inform the recipient in writing of the date when the 
recipient may expect the decision.


Sec. 30.26  Non-Federal audits.

    (a) Recipients and subrecipients that are institutions of higher 
education or other non-profit organizations shall be subject to the 
audit requirements contained in OMB Circular A-133, ``Audits of 
Institutions of Higher Education and Other Non-Profit Institutions.''
    (b) State and local governments shall be subject to the audit 
requirements contained in the Single Audit Act (31 U.S.C. 7501-7) and 
40 CFR part 31 implementing OMB Circular A-128, ``Audits of State and 
Local Governments.''
    (c) Hospitals not covered by the audit provisions of OMB Circular 
A-133 shall be subject to the audit requirements of EPA.
    (d) Commercial organizations shall be subject to the audit 
requirements of EPA or the prime recipient as incorporated into the 
award document.


Sec. 30.27  Allowable costs.

    (a) For each kind of recipient, there is a set of Federal 
principles for determining allowable costs. Allowability of costs shall 
be determined in accordance with the cost principles applicable to the 
entity incurring the costs. Thus, allowability of costs incurred by 
State, local or federally-recognized Indian tribal governments is 
determined in accordance with the provisions of OMB Circular A-87, 
``Cost Principles for State and Local Governments.'' The allowability 
of costs incurred by non-profit organizations is determined in 
accordance with the provisions of OMB Circular A-122, ``Cost Principles 
for Non-Profit Organizations.'' The allowability of costs incurred by 
institutions of higher education is determined in accordance with the 
provisions of OMB Circular A-21, ``Cost Principles for Educational 
Institutions.'' The allowability of costs incurred by hospitals is 
determined in accordance with the provisions of Appendix E of 45 CFR 
part 74, ``Principles for Determining Costs Applicable to Research and 
Development Under Grants and Contracts with Hospitals.'' The 
allowability of costs incurred by commercial organizations and those 
non-profit organizations listed in Attachment C to Circular A-122 is 
determined in accordance with the provisions of the Federal Acquisition 
Regulation (FAR) at 48 CFR part 31. In addition, EPA's annual 
Appropriations Acts may contain restrictions on the use of assistance 
funds. For example, the Acts may prohibit the use of funds to support 
intervention in Federal regulatory or adjudicatory proceedings.
    (b) EPA will limit its participation in the salary rate (excluding 
overhead) paid to individual consultants retained by recipients or by a 
recipient's contractors or subcontractors to the maximum daily rate for 
level 4 of the Executive Schedule unless a greater amount is authorized 
by law. (Recipient's may, however, pay consultants more than this 
amount.) This limitation applies to consultation services of designated 
individuals with specialized skills who are paid at a daily or hourly 
rate. This rate does not include transportation and subsistence costs 
for travel performed; recipients will pay these in accordance with 
their normal travel reimbursement practices. Contracts with firms for 
services which are awarded using the procurement requirements in this 
part are not affected by this limitation.


Sec. 30.28  Period of availability of funds.

    Where a funding period is specified, a recipient may charge to the 
grant only allowable costs resulting from obligations incurred during 
the funding period and any pre-award costs authorized by EPA.

Property Standards


Sec. 30.30  Purpose of property standards.

    Sections 30.31 through 30.37 set forth uniform standards governing 
management and disposition of property furnished by the Federal 
Government whose cost was charged to a project supported by a Federal 
award. EPA shall require recipients to observe these standards under 
awards and shall not impose additional requirements, unless 
specifically required by Federal statute. The recipient may use its own 
property management standards and procedures provided it observes the 
provisions of Secs. 30.31 through 30.37.


Sec. 30.31  Insurance coverage.

    Recipients shall, at a minimum, provide the equivalent insurance 
coverage for real property and equipment acquired with Federal funds as 
provided to property owned by the recipient. Federally-owned property 
need not be insured unless required by the terms and conditions of the 
award.


Sec. 30.32  Real property.

    EPA shall prescribe requirements for recipients concerning the use 
and disposition of real property acquired in whole or in part under 
awards. Unless otherwise provided by statute, such requirements, at a 
minimum, shall contain the following.
    (a) Title to real property shall vest in the recipient subject to 
the condition that the recipient shall use the real property for the 
authorized purpose of the project as long as it is needed and shall not 
encumber the property without approval of EPA.
    (b) The recipient shall obtain written approval by EPA for the use 
of real property in other federally-sponsored projects when the 
recipient determines that the property is no longer needed for the 
purpose of the original project. Use in other projects shall be limited 
to those under federally-sponsored projects (i.e., awards) or programs 
that have purposes consistent with those authorized for support by EPA.
    (c) When the real property is no longer needed as provided in 
paragraphs (a) and (b) of this section, 

[[Page 6076]]
the recipient shall request disposition instructions from EPA or its 
successor Federal awarding agency. EPA shall observe one or more of the 
following disposition instructions.
    (1) The recipient may be permitted to retain title without further 
obligation to the Federal Government after it compensates the Federal 
Government for that percentage of the current fair market value of the 
property attributable to the Federal participation in the project.
    (2) The recipient may be directed to sell the property under 
guidelines provided by EPA and pay the Federal Government for that 
percentage of the current fair market value of the property 
attributable to the Federal participation in the project (after 
deducting actual and reasonable selling and fix-up expenses, if any, 
from the sales proceeds). When the recipient is authorized or required 
to sell the property, proper sales procedures shall be established that 
provide for competition to the extent practicable and result in the 
highest possible return.
    (3) The recipient may be directed to transfer title to the property 
to the Federal Government or to an eligible third party provided that, 
in such cases, the recipient shall be entitled to compensation for its 
attributable percentage of the current fair market value of the 
property.


Sec. 30.33  Federally-owned and exempt property.

    (a) Federally-owned property. (1) Title to federally-owned property 
remains vested in the Federal Government. Recipients shall submit 
annually an inventory listing of federally-owned property in their 
custody to EPA's property management staff. Upon completion of the 
award or when the property is no longer needed, the recipient shall 
report the property to EPA's property management staff for further 
utilization.
    (2) If EPA has no further need for the property, it shall be 
declared excess and reported to the General Services Administration, 
unless EPA has statutory authority to dispose of the property by 
alternative methods (e.g., the authority provided by the Federal 
Technology Transfer Act (15 U.S.C. 3710 (I)) to donate research 
equipment to educational and non-profit organizations in accordance 
with Executive Order 12821, ``Improving Mathematics and Science 
Education in Support of the National Education Goals.'') Appropriate 
instructions shall be issued to the recipient by EPA's property 
management staff.
    (b) Exempt property. When statutory authority exists, EPA has the 
option to vest title to property acquired with Federal funds in the 
recipient without further obligation to the Federal Government and 
under conditions EPA considers appropriate. Such property is ``exempt 
property.'' Should EPA not establish conditions, title to exempt 
property upon acquisition shall vest in the recipient without further 
obligation to the Federal Government.


Sec. 30.34  Equipment.

    (a) Title to equipment acquired by a recipient with Federal funds 
shall vest in the recipient, subject to conditions of this section.
    (b) The recipient shall not use equipment acquired with Federal 
funds to provide services to non-Federal outside organizations for a 
fee that is less than private companies charge for equivalent services, 
unless specifically authorized by Federal statute, for as long as the 
Federal Government retains an interest in the equipment.
    (c) The recipient shall use the equipment in the project or program 
for which it was acquired as long as needed, whether or not the project 
or program continues to be supported by Federal funds and shall not 
encumber the property without approval of EPA. When no longer needed 
for the original project or program, the recipient shall use the 
equipment in connection with its other federally-sponsored activities, 
in the following order of priority: Activities sponsored by EPA, then 
activities sponsored by other Federal awarding agencies.
    (d) During the time that equipment is used on the project or 
program for which it was acquired, the recipient shall make it 
available for use on other projects or programs if such other use will 
not interfere with the work on the project or program for which the 
equipment was originally acquired. First preference for such other use 
shall be given to other projects or programs sponsored by EPA; second 
preference shall be given to projects or programs sponsored by other 
Federal awarding agencies. If the equipment is owned by the Federal 
Government, use on other activities not sponsored by the Federal 
Government shall be permissible if authorized by EPA. User charges 
shall be treated as program income.
    (e) When acquiring replacement equipment, the recipient may use the 
equipment to be replaced as trade-in or sell the equipment and use the 
proceeds to offset the costs of the replacement equipment subject to 
the approval of EPA.
    (f) The recipient's property management standards for equipment 
acquired with Federal funds and federally-owned equipment shall include 
all of the following.
    (1) Equipment records shall be maintained accurately and shall 
include the following information.
    (i) A description of the equipment.
    (ii) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (iii) Source of the equipment, including the award number.
    (iv) Whether title vests in the recipient or the Federal 
Government.
    (v) Acquisition date (or date received, if the equipment was 
furnished by the Federal Government) and cost.
    (vi) Information from which one can calculate the percentage of 
Federal participation in the cost of the equipment (not applicable to 
equipment furnished by the Federal Government).
    (vii) Location and condition of the equipment and the date the 
information was reported.
    (viii) Unit acquisition cost.
    (ix) Ultimate disposition data, including date of disposal and 
sales price or the method used to determine current fair market value 
where a recipient compensates EPA for its share.
    (2) Equipment owned by the Federal Government shall be identified 
to indicate Federal ownership.
    (3) A physical inventory of equipment shall be taken and the 
results reconciled with the equipment records at least once every two 
years. Any differences between quantities determined by the physical 
inspection and those shown in the accounting records shall be 
investigated to determine the causes of the difference. The recipient 
shall, in connection with the inventory, verify the existence, current 
utilization, and continued need for the equipment.
    (4) A control system shall be in effect to insure adequate 
safeguards to prevent loss, damage, or theft of the equipment. Any 
loss, damage, or theft of equipment shall be investigated and fully 
documented; if the equipment was owned by the Federal Government, the 
recipient shall promptly notify EPA.
    (5) Adequate maintenance procedures shall be implemented to keep 
the equipment in good condition.
    (6) Where the recipient is authorized or required to sell the 
equipment, proper sales procedures shall be established which provide 
for competition to the extent practicable and result in the highest 
possible return.
    (g) When the recipient no longer needs the equipment, the equipment 
may be used for other activities in 

[[Page 6077]]
accordance with the following standards. For equipment with a current 
per unit fair market value of $5000 or more, the recipient may retain 
the equipment for other uses provided that compensation is made to the 
original Federal awarding agency or its successor. The amount of 
compensation shall be computed by applying the percentage of Federal 
participation in the cost of the original project or program to the 
current fair market value of the equipment. If the recipient has no 
need for the equipment, the recipient shall request disposition 
instructions from EPA. EPA shall determine whether the equipment can be 
used to meet the agency's requirements. If no requirement exists within 
that agency, the availability of the equipment shall be reported to the 
General Services Administration by EPA to determine whether a 
requirement for the equipment exists in other Federal agencies. EPA 
shall issue instructions to the recipient no later than 120 calendar 
days after the recipient's request and the following procedures shall 
govern.
    (1) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the recipient's request, the recipient 
shall sell the equipment and reimburse EPA an amount computed by 
applying to the sales proceeds the percentage of Federal participation 
in the cost of the original project or program. However, the recipient 
shall be permitted to deduct and retain from the Federal share $500 or 
ten percent of the proceeds, whichever is less, for the recipient's 
selling and handling expenses.
    (2) If the recipient is instructed to ship the equipment elsewhere, 
the recipient shall be reimbursed by the Federal Government by an 
amount which is computed by applying the percentage of the recipient's 
participation in the cost of the original project or program to the 
current fair market value of the equipment, plus any reasonable 
shipping or interim storage costs incurred.
    (3) If the recipient is instructed to otherwise dispose of the 
equipment, the recipient shall be reimbursed by EPA for such costs 
incurred in its disposition.
    (4) EPA may reserve the right to transfer the title to the Federal 
Government or to a third party named by the Federal Government when 
such third party is otherwise eligible under existing statutes. Such 
transfer shall be subject to the following standards.
    (i) The equipment shall be appropriately identified in the award or 
otherwise made known to the recipient in writing.
    (ii) EPA shall issue disposition instructions within 120 calendar 
days after receipt of a final inventory. The final inventory shall list 
all equipment acquired with grant funds and federally-owned equipment. 
If EPA fails to issue disposition instructions within the 120 calendar 
day period, the recipient shall apply the standards of this section, as 
appropriate.
    (iii) When EPA exercises its right to take title, the equipment 
shall be subject to the provisions for federally-owned equipment.


Sec. 30.35  Supplies and other expendable property.

    (a) Title to supplies and other expendable property shall vest in 
the recipient upon acquisition. If there is a residual inventory of 
unused supplies exceeding $5000 in total aggregate value upon 
termination or completion of the project or program and the supplies 
are not needed for any other federally-sponsored project or program, 
the recipient shall retain the supplies for use on non-Federal 
sponsored activities or sell them, but shall, in either case, 
compensate the Federal Government for its share. The amount of 
compensation shall be computed in the same manner as for equipment.
    (b) The recipient shall not use supplies acquired with Federal 
funds to provide services to non-Federal outside organizations for a 
fee that is less than private companies charge for equivalent services, 
unless specifically authorized by Federal statute as long as the 
Federal Government retains an interest in the supplies.


Sec. 30.36  Intangible property.

    (a) The recipient may copyright any work that is subject to 
copyright and was developed, or for which ownership was purchased, 
under an award. EPA reserves a royalty-free, nonexclusive and 
irrevocable right to reproduce, publish, or otherwise use the work for 
Federal purposes, and to authorize others to do so.
    (b) Recipients are subject to applicable regulations governing 
patents and inventions, including government-wide regulations issued by 
the Department of Commerce at 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts and Cooperative Agreements.''
    (c) Unless waived by EPA, the Federal Government has the right to 
paragraphs (c) (1) and (2) of this section.
    (1) Obtain, reproduce, publish or otherwise use the data first 
produced under an award.
    (2) Authorize others to receive, reproduce, publish, or otherwise 
use such data for Federal purposes.
    (d) Title to intangible property and debt instruments acquired 
under an award or subaward vests upon acquisition in the recipient. The 
recipient shall use that property for the originally-authorized 
purpose, and the recipient shall not encumber the property without 
approval of EPA. When no longer needed for the originally authorized 
purpose, disposition of the intangible property shall occur in 
accordance with the provisions of Sec. 30.34(g).


Sec. 30.37  Property trust relationship.

    Real property, equipment, intangible property and debt instruments 
that are acquired or improved with Federal funds shall be held in trust 
by the recipient as trustee for the beneficiaries of the project or 
program under which the property was acquired or improved. Agencies may 
require recipients to record liens or other appropriate notices of 
record to indicate that personal or real property has been acquired or 
improved with Federal funds and that use and disposition conditions 
apply to the property.

Procurement Standards


Sec. 30.40  Purpose of procurement standards.

    Sections 30.41 through 30.48 set forth standards for use by 
recipients in establishing procedures for the procurement of supplies 
and other expendable property, equipment, real property and other 
services with Federal funds. These standards are furnished to ensure 
that such materials and services are obtained in an effective manner 
and in compliance with the provisions of applicable Federal statutes 
and Executive Orders. No additional procurement standards or 
requirements shall be imposed by EPA upon recipients, unless 
specifically required by Federal statute or Executive Order or approved 
by OMB.


Sec. 30.41  Recipient responsibilities.

    The standards contained in this part do not relieve the recipient 
of the contractual responsibilities arising under its contract(s). The 
recipient is the responsible authority, without recourse to EPA, 
regarding the settlement and satisfaction of all contractual and 
administrative issues arising out of procurements entered into in 
support of an award or other agreement. This includes disputes, claims, 
protests of award, source evaluation or other matters of a contractual 
nature. Matters concerning 

[[Page 6078]]
violation of statute are to be referred to such Federal, State or local 
authority as may have proper jurisdiction.


Sec. 30.42  Codes of conduct.

    The recipient shall maintain written standards of conduct governing 
the performance of its employees engaged in the award and 
administration of contracts. No employee, officer, or agent shall 
participate in the selection, award, or administration of a contract 
supported by Federal funds if a real or apparent conflict of interest 
would be involved. Such a conflict would arise when the employee, 
officer, or agent, any member of his or her immediate family, his or 
her partner, or an organization which employs or is about to employ any 
of the parties indicated herein, has a financial or other interest in 
the firm selected for an award. The officers, employees, and agents of 
the recipient shall neither solicit nor accept gratuities, favors, or 
anything of monetary value from contractors, or parties to 
subagreements. However, recipients may set standards for situations in 
which the financial interest is not substantial or the gift is an 
unsolicited item of nominal value. The standards of conduct shall 
provide for disciplinary actions to be applied for violations of such 
standards by officers, employees, or agents of the recipient.


Sec. 30.43  Competition.

    All procurement transactions shall be conducted in a manner to 
provide, to the maximum extent practical, open and free competition. 
The recipient shall be alert to organizational conflicts of interest as 
well as noncompetitive practices among contractors that may restrict or 
eliminate competition or otherwise restrain trade. In order to ensure 
objective contractor performance and eliminate unfair competitive 
advantage, contractors that develop or draft specifications, 
requirements, statements of work, invitations for bids and/or requests 
for proposals shall be excluded from competing for such procurements. 
Awards shall be made to the bidder or offeror whose bid or offer is 
responsive to the solicitation and is most advantageous to the 
recipient, price, quality and other factors considered. Solicitations 
shall clearly set forth all requirements that the bidder or offeror 
shall fulfill in order for the bid or offer to be evaluated by the 
recipient. Any and all bids or offers may be rejected when it is in the 
recipient's interest to do so.


Sec. 30.44  Procurement procedures.

    (a) All recipients shall establish written procurement procedures. 
These procedures shall provide for, at a minimum, that paragraphs (a) 
(1), (2) and (3) of this section apply.
    (1) Recipients avoid purchasing unnecessary items.
    (2) Where appropriate, an analysis is made of lease and purchase 
alternatives to determine which would be the most economical and 
practical procurement for the Federal Government.
    (3) Solicitations for goods and services provide for all of the 
following.
    (i) A clear and accurate description of the technical requirements 
for the material, product or service to be procured. In competitive 
procurements, such a description shall not contain features which 
unduly restrict competition.
    (ii) Requirements which the bidder/offeror must fulfill and all 
other factors to be used in evaluating bids or proposals.
    (iii) A description, whenever practicable, of technical 
requirements in terms of functions to be performed or performance 
required, including the range of acceptable characteristics or minimum 
acceptable standards.
    (iv) The specific features of ``brand name or equal'' descriptions 
that bidders are required to meet when such items are included in the 
solicitation.
    (v) The acceptance, to the extent practicable and economically 
feasible, of products and services dimensioned in the metric system of 
measurement.
    (vi) Preference, to the extent practicable and economically 
feasible, for products and services that conserve natural resources and 
protect the environment and are energy efficient.
    (b) Positive efforts shall be made by recipients to utilize small 
businesses, minority-owned firms, and women's business enterprises, 
whenever possible. Recipients of Federal awards shall take all of the 
following steps to further this goal.
    (1) Ensure that small businesses, minority-owned firms, and women's 
business enterprises are used to the fullest extent practicable.
    (2) Make information on forthcoming opportunities available and 
arrange time frames for purchases and contracts to encourage and 
facilitate participation by small businesses, minority-owned firms, and 
women's business enterprises.
    (3) Consider in the contract process whether firms competing for 
larger contracts intend to subcontract with small businesses, minority-
owned firms, and women's business enterprises.
    (4) Encourage contracting with consortiums of small businesses, 
minority-owned firms and women's business enterprises when a contract 
is too large for one of these firms to handle individually.
    (5) Use the services and assistance, as appropriate, of such 
organizations as the Small Business Administration and the Department 
of Commerce's Minority Business Development Agency in the solicitation 
and utilization of small businesses, minority-owned firms and women's 
business enterprises.
    (6) If the prime contractor awards subcontracts, requiring the 
contractor to take steps in paragraphs (b)(1) through (5) of this 
section.
    (c) The type of procuring instruments used (e.g., fixed price 
contracts, cost reimbursable contracts, purchase orders, and incentive 
contracts) shall be determined by the recipient but shall be 
appropriate for the particular procurement and for promoting the best 
interest of the program or project involved. The ``cost-plus-a-
percentage-of-cost'' or ``percentage of construction cost'' methods of 
contracting shall not be used.
    (d) Contracts shall be made only with responsible contractors who 
possess the potential ability to perform successfully under the terms 
and conditions of the proposed procurement. Consideration shall be 
given to such matters as contractor integrity, record of past 
performance, financial and technical resources or accessibility to 
other necessary resources. In certain circumstances, contracts with 
certain parties are restricted by agencies' implementation of Executive 
Orders 12549 and 12689, ``Debarment and Suspension.''
    (e) Recipients shall, on request, make available for EPA, pre-award 
review and procurement documents, such as request for proposals or 
invitations for bids, independent cost estimates, etc., when any of the 
following conditions apply.
    (1) A recipient's procurement procedures or operation fails to 
comply with the procurement standards in EPA's implementation of 
Circular A-110.
    (2) The procurement is expected to exceed the small purchase 
threshold fixed at 41 U.S.C. 403 (11) (currently $100,000) and is to be 
awarded without competition or only one bid or offer is received in 
response to a solicitation.
    (3) The procurement, which is expected to exceed the small purchase 
threshold, specifies a ``brand name'' product.
    (4) The proposed award over the small purchase threshold is to be 
awarded to other than the apparent low bidder under a sealed bid 
procurement.
    (5) A proposed contract modification changes the scope of a 
contract or 

[[Page 6079]]
increases the contract amount by more than the amount of the small 
purchase threshold.


Sec. 30.45  Cost and price analysis.

    Some form of cost or price analysis shall be made and documented in 
the procurement files in connection with every procurement action. 
Price analysis may be accomplished in various ways, including the 
comparison of price quotations submitted, market prices and similar 
indicia, together with discounts. Cost analysis is the review and 
evaluation of each element of cost to determine reasonableness, 
allocability and allowability.


Sec. 30.46  Procurement records.

    Procurement records and files for purchases in excess of the small 
purchase threshold shall include the following at a minimum: Basis for 
contractor selection; justification for lack of competition when 
competitive bids or offers are not obtained; and basis for award cost 
or price.


Sec. 30.47  Contract administration.

    A system for contract administration shall be maintained to ensure 
contractor conformance with the terms, conditions and specifications of 
the contract and to ensure adequate and timely follow up of all 
purchases. Recipients shall evaluate contractor performance and 
document, as appropriate, whether contractors have met the terms, 
conditions and specifications of the contract.


Sec. 30.48  Contract provisions.

    The recipient shall include, in addition to provisions to define a 
sound and complete agreement, the following provisions in all 
contracts. The following provisions shall also be applied to 
subcontracts.
    (a) Contracts in excess of the small purchase threshold shall 
contain contractual provisions or conditions that allow for 
administrative, contractual, or legal remedies in instances in which a 
contractor violates or breaches the contract terms, and provide for 
such remedial actions as may be appropriate.
    (b) All contracts in excess of the small purchase threshold shall 
contain suitable provisions for termination by the recipient, including 
the manner by which termination shall be effected and the basis for 
settlement. In addition, such contracts shall describe conditions under 
which the contract may be terminated for default as well as conditions 
where the contract may be terminated because of circumstances beyond 
the control of the contractor.
    (c) Except as otherwise required by statute, an award that requires 
the contracting (or subcontracting) for construction or facility 
improvements shall provide for the recipient to follow its own 
requirements relating to bid guarantees, performance bonds, and payment 
bonds unless the construction contract or subcontract exceeds $100,000. 
For those contracts or subcontracts exceeding $100,000, EPA may accept 
the bonding policy and requirements of the recipient, provided EPA has 
made a determination that the Federal Government's interest is 
adequately protected. If such a determination has not been made, the 
minimum requirements shall be as follows.
    (1) A bid guarantee from each bidder equivalent to five percent of 
the bid price. The ``bid guarantee'' shall consist of a firm commitment 
such as a bid bond, certified check, or other negotiable instrument 
accompanying a bid as assurance that the bidder shall, upon acceptance 
of his bid, execute such contractual documents as may be required 
within the time specified.
    (2) A performance bond on the part of the contractor for 100 
percent of the contract price. A ``performance bond'' is one executed 
in connection with a contract to secure fulfillment of all the 
contractor's obligations under such contract.
    (3) A payment bond on the part of the contractor for 100 percent of 
the contract price. A ``payment bond'' is one executed in connection 
with a contract to assure payment as required by statute of all persons 
supplying labor and material in the execution of the work provided for 
in the contract.
    (4) Where bonds are required in the situations described herein, 
the bonds shall be obtained from companies holding certificates of 
authority as acceptable sureties pursuant to 31 CFR part 223, ``Surety 
Companies Doing Business with the United States.''
    (d) All negotiated contracts (except those for less than the small 
purchase threshold) awarded by recipients shall include a provision to 
the effect that the recipient, EPA, the Comptroller General of the 
United States, or any of their duly authorized representatives, shall 
have access to any books, documents, papers and records of the 
contractor which are directly pertinent to a specific program for the 
purpose of making audits, examinations, excerpts and transcriptions.
    (e) All contracts, including small purchases, awarded by recipients 
and their contractors shall contain the procurement provisions of the 
Appendix to Circular A-110, as applicable. Reports and Records.


Sec. 30.50  Purpose of reports and records.

    Sections 30.51 through 30.53 set forth the procedures for 
monitoring and reporting on the recipient's financial and program 
performance and the necessary standard reporting forms. They also set 
forth record retention requirements.


Sec. 30.51  Monitoring and reporting program performance.

    (a) Recipients are responsible for managing and monitoring each 
project, program, subaward, function or activity supported by the 
award. Recipients shall monitor subawards to ensure subrecipients have 
met the audit requirements as delineated in Sec. 30.26.
    (b) EPA shall prescribe the frequency with which the performance 
reports shall be submitted. Except as provided in paragraph (f) of this 
section, performance reports shall not be required more frequently than 
quarterly or, less frequently than annually. Annual reports shall be 
due 90 calendar days after the grant year; quarterly or semi-annual 
reports shall be due 30 days after the reporting period. EPA may 
require annual reports before the anniversary dates of multiple year 
awards in lieu of these requirements. The final performance reports are 
due 90 calendar days after the expiration or termination of the award.
    (c) If inappropriate, a final technical or performance report shall 
not be required after completion of the project.
    (d) When required, performance reports shall generally contain, for 
each award, brief information on each of the following.
    (1) A comparison of actual accomplishments with the goals and 
objectives established for the period, the findings of the 
investigator, or both. Whenever appropriate and the output of programs 
or projects can be readily quantified, such quantitative data should be 
related to cost data for computation of unit costs.
    (2) Reasons why established goals were not met, if appropriate.
    (3) Other pertinent information including, when appropriate, 
analysis and explanation of cost overruns or high unit costs.
    (e) Recipients shall not be required to submit more than the 
original and two copies of performance reports.
    (f) Recipients shall immediately notify EPA of developments that 
have a significant impact on the award-supported activities. Also, 
notification shall be given in the case of problems, delays, or adverse 
conditions which materially impair the ability to meet the objectives 
of the award. This notification shall include a statement of 

[[Page 6080]]
the action taken or contemplated, and any assistance needed to resolve 
the situation.
    (g) EPA may make site visits, as needed.
    (h) EPA shall comply with clearance requirements of 5 CFR part 1320 
when requesting performance data from recipients.


Sec. 30.52  Financial reporting.

    (a) The following forms or such other forms as may be approved by 
OMB are authorized for obtaining financial information from recipients.
    (1) SF-269 or SF-269A, Financial Status Report. (i) EPA shall 
require recipients to use the SF-269 or SF-269A to report the status of 
funds for all nonconstruction projects or programs. However, EPA has 
the option of not requiring the SF-269 or SF-269A when the SF-270, 
Request for Advance or Reimbursement, or SF-272, Report of Federal Cash 
Transactions, is determined to provide adequate information to meet its 
needs, except that a final SF-269 or SF-269A shall be required at the 
completion of the project when the SF-270 is used only for advances.
    (ii) EPA shall prescribe whether the report shall be on a cash or 
accrual basis. If EPA requires accrual information and the recipient's 
accounting records are not normally kept on the accrual basis, the 
recipient shall not be required to convert its accounting system, but 
shall develop such accrual information through best estimates based on 
an analysis of the documentation on hand.
    (iii) EPA shall determine the frequency of the Financial Status 
Report for each project or program, considering the size and complexity 
of the particular project or program. However, the report shall not be 
required more frequently than quarterly or less frequently than 
annually. A final report shall be required at the completion of the 
agreement.
    (iv) EPA shall require recipients to submit the SF-269 or SF-269A 
(an original and no more than two copies) no later than 30 days after 
the end of each specified reporting period for quarterly and semi-
annual reports, and 90 calendar days for annual and final reports. 
Extensions of reporting due dates may be approved by EPA upon request 
of the recipient.
    (2) SF-272, Report of Federal Cash Transactions. (i) When funds are 
advanced to recipients EPA shall require each recipient to submit the 
SF-272 and, when necessary, its continuation sheet, SF-272A. EPA shall 
use this report to monitor cash advanced to recipients and to obtain 
disbursement information for each agreement with the recipients.
    (ii) EPA may require forecasts of Federal cash requirements in the 
``Remarks'' section of the report.
    (iii) When practical and deemed necessary, EPA may require 
recipients to report in the ``Remarks'' section the amount of cash 
advances received in excess of three days. Recipients shall provide 
short narrative explanations of actions taken to reduce the excess 
balances.
    (iv) Recipients shall be required to submit not more than the 
original and two copies of the SF-272 15 calendar days following the 
end of each quarter. EPA may require a monthly report from those 
recipients receiving advances totaling $1 million or more per year.
    (v) EPA may waive the requirement for submission of the SF-272 for 
any one of the following reasons:
    (A) When monthly advances do not exceed $25,000 per recipient, 
provided that such advances are monitored through other forms contained 
in this section;
    (B) If, in EPA's opinion, the recipient's accounting controls are 
adequate to minimize excessive Federal advances; or
    (C) When the electronic payment mechanisms provide adequate data.
    (b) When EPA needs additional information or more frequent reports, 
the following shall be observed.
    (1) When additional information is needed to comply with 
legislative requirements, EPA shall issue instructions to require 
recipients to submit such information under the ``Remarks'' section of 
the reports.
    (2) When EPA determines that a recipient's accounting system does 
not meet the standards in Sec. 30.21, additional pertinent information 
to further monitor awards may be obtained upon written notice to the 
recipient until such time as the system is brought up to standard. EPA, 
in obtaining this information, shall comply with report clearance 
requirements of 5 CFR part 1320.
    (3) EPA may shade out any line item on any report if not necessary.
    (4) EPA may accept the identical information from the recipients in 
machine readable format or computer printouts or electronic outputs in 
lieu of prescribed formats.
    (5) EPA may provide computer or electronic outputs to recipients 
when such expedites or contributes to the accuracy of reporting.


Sec. 30.53  Retention and access requirements for records.

    (a) This section sets forth requirements for record retention and 
access to records for awards to recipients. EPA shall not impose any 
other record retention or access requirements upon recipients.
    (b) Financial records, supporting documents, statistical records, 
and all other records pertinent to an award shall be retained for a 
period of three years from the date of submission of the final 
expenditure report or, for awards that are renewed quarterly or 
annually, from the date of the submission of the quarterly or annual 
financial report, as authorized by EPA. The only exceptions are the 
following.
    (1) If any litigation, claim, or audit is started before the 
expiration of the 3-year period, the records shall be retained until 
all litigation, claims or audit findings involving the records have 
been resolved and final action taken.
    (2) Records for real property and equipment acquired with Federal 
funds shall be retained for 3 years after final disposition.
    (3) When records are transferred to or maintained by EPA, the 3-
year retention requirement is not applicable to the recipient.
    (4) Indirect cost rate proposals, cost allocations plans, etc. as 
specified in paragraph (g) of this section.
    (c) Copies of original records may be substituted for the original 
records if authorized by EPA.
    (d) EPA shall request transfer of certain records to its custody 
from recipients when it determines that the records possess long term 
retention value. However, in order to avoid duplicate recordkeeping, 
EPA may make arrangements for recipients to retain any records that are 
continuously needed for joint use.
    (e) EPA, the Inspector General, Comptroller General of the United 
States, or any of their duly authorized representatives, have the right 
of timely and unrestricted access to any books, documents, papers, or 
other records of recipients that are pertinent to the awards, in order 
to make audits, examinations, excerpts, transcripts and copies of such 
documents. This right also includes timely and reasonable access to a 
recipient's personnel for the purpose of interview and discussion 
related to such documents. The rights of access in this paragraph are 
not limited to the required retention period, but shall last as long as 
records are retained.
    (f) Unless required by statute, EPA shall not place restrictions on 
recipients that limit public access to the records of recipients that 
are pertinent to an award, except when it can be demonstrated that such 
records shall be kept confidential and would have been 

[[Page 6081]]
exempted from disclosure pursuant to the Freedom of Information Act (5 
U.S.C. 552) if the records had belonged to EPA.
    (g) Indirect cost rate proposals, cost allocations plans, etc. 
Paragraphs (g)(1) and (g)(2) of this section apply to the following 
types of documents, and their supporting records: indirect cost rate 
computations or proposals, cost allocation plans, and any similar 
accounting computations of the rate at which a particular group of 
costs is chargeable (such as computer usage chargeback rates or 
composite fringe benefit rates).
    (1) If submitted for negotiation. If the recipient submits to EPA 
or the subrecipient submits to the recipient the proposal, plan, or 
other computation to form the basis for negotiation of the rate, then 
the 3-year retention period for its supporting records starts on the 
date of such submission.
    (2) If not submitted for negotiation. If the recipient is not 
required to submit to EPA or the subrecipient is not required to submit 
to the recipient the proposal, plan, or other computation for 
negotiation purposes, then the 3-year retention period for the 
proposal, plan, or other computation and its supporting records starts 
at the end of the fiscal year (or other accounting period) covered by 
the proposal, plan, or other computation.


Sec. 30.54  Quality assurance.

    If the project officer determines that the grantee's project 
involves environmentally related measurements or data generation, the 
grantee shall develop and implement quality assurance practices 
consisting of policies, procedures, specifications, standards, and 
documentation sufficient to produce data of quality adequate to meet 
project objectives and to minimize loss of data due to out-of-control 
conditions or malfunctions. The quality system must comply with the 
requirements of ANSI/ASQC E4, ``Specifications and Guidelines for 
Quality Systems for Environmental Data Collection and Environmental 
Technology Programs'', which may be obtained from the National 
Technical Information Service (NTIS), 5885 Port Royal Road, 
Springfield, VA 22161.

Termination and Enforcement


Sec. 30.60  Purpose of termination and enforcement.

    Sections 30.61 and 30.62 set forth uniform suspension, termination 
and enforcement procedures.


Sec. 30.61  Termination.

    (a) Awards may be terminated in whole or in part only if paragraph 
(a)(1), (2) or (3) of this section applies.
    (1) By EPA, if a recipient materially fails to comply with the 
terms and conditions of an award.
    (2) By EPA with the consent of the recipient, in which case the two 
parties shall agree upon the termination conditions, including the 
effective date and, in the case of partial termination, the portion to 
be terminated.
    (3) By the recipient upon sending to EPA written notification 
setting forth the reasons for such termination, the effective date, 
and, in the case of partial termination, the portion to be terminated. 
However, if EPA determines in the case of partial termination that the 
reduced or modified portion of the grant will not accomplish the 
purposes for which the grant was made, it may terminate the grant in 
its entirety under either paragraph (a)(1) or (2) of this secion.
    (b) If costs are allowed under an award, the responsibilities of 
the recipient referred to in Sec. 30.71(a), including those for 
property management as applicable, shall be considered in the 
termination of the award, and provision shall be made for continuing 
responsibilities of the recipient after termination, as appropriate.


Sec. 30.62  Enforcement.

    (a) Remedies for noncompliance. If a recipient materially fails to 
comply with the terms and conditions of an award, whether stated in a 
Federal statute, regulation, assurance, application, or notice of 
award, EPA may, in addition to imposing any of the special conditions 
outlined in Sec. 30.14, take one or more of the following actions, as 
appropriate in the circumstances.
    (1) Temporarily withhold cash payments pending correction of the 
deficiency by the recipient or more severe enforcement action by EPA.
    (2) Disallow (that is, deny both use of funds and any applicable 
matching credit for) all or part of the cost of the activity or action 
not in compliance.
    (3) Wholly or partly suspend or terminate the current award.
    (4) Withhold further awards for the project or program.
    (5) Take other remedies that may be legally available.
    (b) Hearings and appeals. In taking an enforcement action, EPA 
shall provide the recipient an opportunity for hearing, appeal, or 
other administrative proceeding to which the recipient is entitled 
under any statute or regulation applicable to the action involved. 
EPA's Dispute Provisions found at 40 CFR part 31, subpart F, Disputes, 
are applicable to assistance awarded under the provisions of this Part.
    (c) Effects of suspension and termination. Costs of a recipient 
resulting from obligations incurred by the recipient during a 
suspension or after termination of an award are not allowable unless 
EPA expressly authorizes them in the notice of suspension or 
termination or subsequently. Other recipient costs during suspension or 
after termination which are necessary and not reasonably avoidable are 
allowable if paragraphs (c)(1) and (2) of this section apply.
    (1) The costs result from obligations which were properly incurred 
by the recipient before the effective date of suspension or 
termination, are not in anticipation of it, and in the case of a 
termination, are noncancellable.
    (2) The costs would be allowable if the award were not suspended or 
expired normally at the end of the funding period in which the 
termination takes effect.
    (d) Relationship to debarment and suspension. The enforcement 
remedies identified in this section, including suspension and 
termination, do not preclude a recipient from being subject to 
debarment and suspension under Executive Orders 12549 and 12689 and 
EPA's implementing regulations (see Sec. 30.13).


Sec. 30.63  Disputes.

    (a) Disagreements should be resolved at the lowest possible level.
    (b) If an agreement cannot be reached, the EPA disputes decision 
official will provide a written final decision. The EPA disputes 
decision official is the individual designated by the award official to 
resolve disputes concerning assistance agreements. If the dispute 
cannot be resolved the procedures outlined at 40 CFR part 31, subpart 
F, should be followed.

Subpart D--After-the-Award Requirements


Sec. 30.70  Purpose.

    Sections 30.71 through 30.73 contain closeout procedures and other 
procedures for subsequent disallowances and adjustments.


Sec. 30.71  Closeout procedures.

    (a) Recipients shall submit, within 90 calendar days after the date 
of completion of the award, all financial, performance, and other 
reports as required by the terms and conditions of the award. EPA may 
approve extensions when requested by the recipient. 

[[Page 6082]]

    (b) Unless EPA authorizes an extension, a recipient shall liquidate 
all obligations incurred under the award not later than 90 calendar 
days after the funding period or the date of completion as specified in 
the terms and conditions of the award or in agency implementing 
instructions.
    (c) EPA shall make prompt payments to a recipient for allowable 
reimbursable costs under the award being closed out.
    (d) The recipient shall promptly refund any balances of unobligated 
cash that EPA has advanced or paid and that is not authorized to be 
retained by the recipient for use in other projects. OMB Circular A-129 
governs unreturned amounts that become delinquent debts.
    (e) When authorized by the terms and conditions of the award, EPA 
shall make a settlement for any upward or downward adjustments to the 
Federal share of costs after closeout reports are received.
    (f) The recipient shall account for any real and personal property 
acquired with Federal funds or received from the Federal Government in 
accordance with Secs. 30.31 through 30.37.
    (g) In the event a final audit has not been performed prior to the 
closeout of an award, EPA shall retain the right to recover an 
appropriate amount after fully considering the recommendations on 
disallowed costs resulting from the final audit.


Sec. 30.72  Subsequent adjustments and continuing responsibilities.

    (a) The closeout of an award does not affect any of the following.
    (1) The right of EPA to disallow costs and recover funds on the 
basis of a later audit or other review.
    (2) The obligation of the recipient to return any funds due as a 
result of later refunds, corrections, or other transactions.
    (3) Audit requirements in Sec. 30.26.
    (4) Property management requirements in Secs. 30.31 through 30.37.
    (5) Records retention as required in Sec. 30.53.
    (b) After closeout of an award, a relationship created under an 
award may be modified or ended in whole or in part with the consent of 
EPA and the recipient, provided the responsibilities of the recipient 
referred to in Sec. 30.73(a), including those for property management 
as applicable, are considered and provisions made for continuing 
responsibilities of the recipient, as appropriate.


Sec. 30.73  Collection of amounts due.

    (a) Any funds paid to a recipient in excess of the amount to which 
the recipient is finally determined to be entitled under the terms and 
conditions of the award constitute a debt to the Federal Government. If 
not paid within a reasonable period after the demand for payment, EPA 
may reduce the debt by paragraph (a) (1), (2) or (3) of this section.
    (1) Making an administrative offset against other requests for 
reimbursements.
    (2) Withholding advance payments otherwise due to the recipient.
    (3) Taking other action permitted by statute.
    (b) Except as otherwise provided by law, EPA shall charge interest 
on an overdue debt in accordance with 4 CFR Chapter II, ``Federal 
Claims Collection Standards.''

Appendix to Part 30--Contract Provisions

    All contracts awarded by a recipient, including small purchases, 
shall contain the following provisions as applicable:
    1. Equal Employment Opportunity--All contracts shall contain a 
provision requiring compliance with Executive Order 11246, ``Equal 
Employment Opportunity,'' as amended by Executive Order 11375, 
``Amending Executive Order 11246 Relating to Equal Employment 
Opportunity,'' and as supplemented by regulations at 41 CFR part 60, 
``Office of Federal Contract Compliance Programs, Equal Employment 
Opportunity, Department of Labor.''
    2. Copeland ``Anti-Kickback'' Act (18 U.S.C. 874 and 40 U.S.C. 
276c)--All contracts and subgrants in excess of $100,000 for 
construction or repair awarded by recipients and subrecipients shall 
include a provision for compliance with the Copeland ``Anti-
Kickback'' Act (18 U.S.C. 874), as supplemented by Department of 
Labor regulations (29 CFR part 3, ``Contractors and Subcontractors 
on Public Building or Public Work Financed in Whole or in Part by 
Loans or Grants from the United States''). The Act provides that 
each contractor or subrecipient shall be prohibited from inducing, 
by any means, any person employed in the construction, completion, 
or repair of public work, to give up any part of the compensation to 
which he is otherwise entitled. The recipient shall report all 
suspected or reported violations to EPA.
    3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)--When 
required by Federal program legislation, all construction contracts 
awarded by the recipients and subrecipients of more than $2000 shall 
include a provision for compliance with the Davis-Bacon Act (40 
U.S.C. 276a to a-7) and as supplemented by Department of Labor 
regulations (29 CFR part 5, ``Labor Standards Provisions Applicable 
to Contracts Governing Federally Financed and Assisted 
Construction''). Under this Act, contractors shall be required to 
pay wages to laborers and mechanics at a rate not less than the 
minimum wages specified in a wage determination made by the 
Secretary of Labor. In addition, contractors shall be required to 
pay wages not less than once a week. The recipient shall place a 
copy of the current prevailing wage determination issued by the 
Department of Labor in each solicitation and the award of a contract 
shall be conditioned upon the acceptance of the wage determination. 
The recipient shall report all suspected or reported violations to 
EPA.
    4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
333)--Where applicable, all contracts awarded by recipients in 
excess of $100,000 for construction contracts and in excess of $2500 
for other contracts that involve the employment of mechanics or 
laborers shall include a provision for compliance with sections 102 
and 107 of the Contract Work Hours and Safety Standards Act (40 
U.S.C. 327-333), as supplemented by Department of Labor regulations 
(29 CFR part 5). Under section 102 of the Act, each contractor shall 
be required to compute the wages of every mechanic and laborer on 
the basis of a standard work week of 40 hours. Work in excess of the 
standard work week is permissible provided that the worker is 
compensated at a rate of not less than 1/2 times the basic rate of 
pay for all hours worked in excess of 40 hours in the work week. 
Section 107 of the Act is applicable to construction work and 
provides that no laborer or mechanic shall be required to work in 
surroundings or under working conditions which are unsanitary, 
hazardous or dangerous. These requirements do not apply to the 
purchases of supplies or materials or articles ordinarily available 
on the open market, or contracts for transportation or transmission 
of intelligence.
    5. Rights to Inventions Made Under a Contract or Agreement--
Contracts or agreements for the performance of experimental, 
developmental, or research work shall provide for the rights of the 
Federal Government and the recipient in any resulting invention in 
accordance with 37 CFR part 401, ``Rights to Inventions Made by 
Nonprofit Organizations and Small Business Firms Under Government 
Grants, Contracts and Cooperative Agreements,'' and any implementing 
regulations issued by EPA.
    6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), as amended--
Contracts and subgrants of amounts in excess of $100,000 shall 
contain a provision that requires the recipient to agree to comply 
with all applicable standards, orders or regulations issued pursuant 
to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water 
Pollution Control Act as amended (33 U.S.C. 1251 et seq.). 
Violations shall be reported to the Regional Office of the 
Environmental Protection Agency (EPA).
    7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)--Contractors 
who apply or bid for an award of more than $100,000 shall file the 
required certification. Each tier certifies to the tier above that 
it will not and has not used Federal appropriated funds to pay any 
person or organization for influencing or attempting to influence an 
officer or employee of any agency, a member of Congress, officer or 
employee of Congress, or an employee of a member of Congress in 
connection with obtaining any Federal 

[[Page 6083]]
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier 
shall also disclose any lobbying with non-Federal funds that takes 
place in connection with obtaining any Federal award. Such 
disclosures are forwarded from tier to tier up to the recipient.
    8. Debarment and Suspension (Executive Orders 12549 and 12689)--
No contract shall be made to parties listed on the General Services 
Administration's List of Parties Excluded from Federal Procurement 
or Nonprocurement Programs in accordance with Executive Orders 12549 
and 12689, ``Debarment and Suspension.'' This list contains the 
names of parties debarred, suspended, or otherwise excluded by 
agencies, and contractors declared ineligible under statutory or 
regulatory authority other than Executive Order 12549. Contractors 
with awards that exceed the small purchase threshold shall provide 
the required certification regarding its exclusion status and that 
of its principal employees.

[FR Doc. 96-2502 Filed 2-14-96; 8:45 am]
BILLING CODE 6560-50-P