§ 80.94May an agency incur costs before the beginning of the grant period?
(a) A State fish and wildlife agency may incur costs of a proposed project before the beginning of the grant period (preaward costs). However, the agency has no assurance that it will receive reimbursement until the Regional Director awards a grant that incorporates a project statement demonstrating that the preaward costs conform to all of the conditions in paragraph (b) of this section.
(b) Preaward costs must meet the following requirements:
(1) The costs are necessary and reasonable for accomplishing the grant objectives.
(2) The Regional Director would have approved the costs if the State fish and wildlife agency incurred them during the grant period.
(3) The agency incurs these costs in anticipation of the grant and in conformity with the negotiation of the award with the Regional Director.
(4) The activities associated with the preaward costs comply with all laws, regulations, and policies applicable to a grant-funded project.
(5) The agency must:
(i) Obtain the Regional Director's concurrence that the Service will be able to comply with the applicable laws, regulations, and policies before the agency starts work on the ground; and
(ii) Provide the Service with all the information it needs with enough lead time for it to comply with the applicable laws, regulations, and policies.
(6) The agency must not complete the project before the beginning of the grant period unless the Regional Director concurs that doing so is necessary to take advantage of temporary circumstances favorable to the project or to meet legal deadlines. An agency completes a project when it incurs all costs and finishes all work necessary to achieve the project objectives.
(c) The agency can receive reimbursement for preaward costs only after the beginning of the grant period.
Title 50 published on 2013-10-01
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