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Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web
site, http:/jwww.epa.gov/epg/, The list of EPA designate items is available at

http://www.epa.gov/cpg/products.htm.
Access to Records
During the performance of this contract, the following access to records requirements apply:

(1) The Contractor agrees to provide the City of Nashua access to any books, documents, papers, and
records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.

(3) The Contractor agrees to provide the City of Nashua _ access to construction or other work sites pertaining
to the work being completed under the contract.

DHS Seal. Logo and Flags

During the performance of this contract, the Contractor shall comply with the following regarding DHS Seal.
Logo, and Flags:

(1) The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of
DHS agency officials without specific FEMA pre approval.

During the performance of this contract, the Contractor shall cor nly vith the following:

(1) The Contractor will comply will all applicable federe! law, regu tions, executive orders, FEMA policies,
procedures and directives.

No Obligation by Federal G

Pod

During the performance of this contract, the-“»>trac. ‘7 acknowledges the following:

(1) The Federal Government is not a pari, to this contract and is not subject to any obligations or liabilities to
the non-Federal entity, Contractor, or any ott: ~yarty pertaining to any matter resulting from the contract.

During the performance of this contract, the Contractor acknowledges the following:

(1) The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.

Special Provisions Page 4 of 4

AUTHENTICATED
~S. GOVERNMENT
INFORMAT ON

GPO

Department of Justice

form, contents, and order of consider-
ation of applications, including the re-
quirement in paragraph (c) of this sec-
tion that applications be submitted in
writing.

[Order No. 1892-94, 59 FR 30522, June 14, 1994,
as amended by Order No. 2601-2002, 67 FR
48361, July 24, 2002}

PART 66—UNIFORM ADMINISTRA-
TIVE REQUIREMENTS FOR GRANTS
AND COOPERATIVE AGREE-
MENTS TO STATE AND LOCAL
GOVERNMENTS

Subpart A—General

Sec,

66.1 Purpose and scope of this part.
66.2 Scope of subpart.

66.3 Definitions.

66.4 Applicability.

66.5 Effect on other issuances.

66.6 Additions and exceptions.

Subpart B—Pre-Award Requirements

66.10 Forms for applying for grants.

66.11 State plans.

66.12 Special grant or subgrant conditions
for ‘‘high-risk"’ grantees.

Subpart C—Post-Award Requirements

FINANCIAL ADMINISTRATION

66.20 Standards for financial management
systems.

66.21 Payment.

66.22 Allowable costs.

66.23 Period of availahility of funds.

66.24 Matching or cost sharing.

66.25 Program income.

66.26 Non-Federal audit.

CHANGES, PROPERTY, AND SUBAWARDS

66.30 Changes.

66.31 Real property.

66.32 Equipment.

66.33 Supplies.

66.34 Copyrights.

66.35 Subawards to debarred and suspended
parties.

66.36 Procurement.

66.37 Subgrants.

REPORTS, RECORDS, RETENTION, AND
ENFORCEMENT

66.40 Monitoring and reporting program
performance.

66.41 Financlal reporting.

66.42 Retention and access requirements [or
records.

66.43 Enforcement.

66.44 Termination for convenience.

§ 66.3

Subpart D—Afier-The-Grant Requirements

66.50 Closeout.
66.51 Later disallowances and adjustments.
66.52 Collection of amounts due.

Subpart E—Entitlement [Reserved]

AUTHORITY: 18 U.S.C. 4042, 4351-4353; 42
U.S.C. 3711 et seg., 5601 et seg., 10601 et seg.

SOURCE: Order No, 1252-88, 53 FR 8068 and
8087, Mar. 11, 1988, unless otherwise noted.

Subpart A—General

§66.1 Purpose and scope of this part.

This part establishes uniform admin-
istrative rules for Federal grants and
cooperative agreements and subawards
to State, local and Indian tribal gov-
ernments.

$66.2 Scope of subpart.

This subpart contains general rules
pertaining to this part and procedures
for control of exceptions from this
part.

§66.3 Definitions.

As used in this part:

Accrued expenditures mean the
charges incurred by the grantee during
a given period requiring the provision
of funds for:

(1) Goods and other tangible property
received;

(2) Services performed by employees,
contractors, subgrantees, subcontrac-
tors, and other payees; and

(3) Other amounts becoming owed
under programs for which no current
services or performance is required,
such as annuities, insurance claims,
and other benefit payments.

Accrued income means the sum of:

(1) Earnings during a given period
from services performed by the grantee
and goods and other tangible property
delivered to purchasers, and

(2) Amounts becoming owed to the
grantee for which no current services
or performance is required by the
grantee.

Acquisition cost of an item of pur-
chased equipment means the net in-
voice unit price of the property includ-
ing the cost of modifications, attach-
ments, accessories, or auxiliary appa-
ratus necessary to make the property
usable for the purpose for which it was

191

§ 66.3

acquired. Other charges such as the
cost of installation, transportation,
taxes, duty or protective in-transit in-
surance, shall be included or excluded
from the unit acquisition cost in ac-
cordance with the grantee’s regular ac-
counting practices.

Administrative requirements mean
those matters common to grants in
general, such as financial management,
kinds and frequency of reports, and re-
tention of records. These are distin-
guished from “‘programmatic’’ require-
ments, which concern matters that can
be treated only on a program-by-pro-
gram or grant-by-grant basis, such as
kinds of activities that can be sup-
ported by grants under a particular
program.

Awarding agency means: ;

(1) With respect to a grant, the Fed-
eral agency, and

(2) With respect to a subgrant, the
party that awarded the subgrant.

Cash contribulions means the grant-
ee’s cash outlay, including the outlay
of money contributed to the grantee or
subgrantee by other public agencies
and institutions, and private organiza-
tions and individuals. When authorized
by Federal legislation, Federal funds
received from other assistance agree-
ments may be considered as grantee or
subgrantee cash contributions.

Contract means (except as used in the
definitions for ‘‘grant’” and “subgrant”’
in this section and except where quali-
fied by ‘‘Federal’’) a procurement con-
tract under a grant or subgrant, and
means a procurement subcontract
under a contract.

Cost sharing or matching means the
value of the third party in-kind con-
tributions and the portion of the costs
of a federally assisted project or pro-
gram not borne by the Federal Govern-
ment.

Cost-type contract means a contract or
subcontract under a grant in which the
contractor or subcontractor is paid on
the basis of the costs it incurs, with or
without a fee.

Equipment means tangible, non-
expendable, personal property having a
useful life of more than one year and
an acquisition cost of $5,000 or more
per unit. A grantee may use its own
definition of equipment provided that

28 CFR Ch, | (7-1-10 Edition)

such definition would at least include
all equipment defined above.

Expenditure report means:

(1) For nonconstruction grants, the
SF-269 “Financial Status Report’”’ (or
other equivalent report);

(2) For construction grants, the SF-
271 “Outlay Report and Request for Re-
imbursement” (or other equivalent re-
port).

Federally recognized Indian tribal gov-
ernment means the governing body or a
governmental agency of any Indian
tribe, band, nation, or other organized
group or community (including any
Native village as defined in section 3 of
the Alaska Native Claims Settlement
Act, 95 Stat 688) certified by the Sec-
retary of the Interior as eligible for the
special programs and services provided
by him through the Bureau of Indian
Affairs.

Government means a State or local
government or a federally recognized
Indian tribal government,

Grant means an award of financial as-
sistance, including cooperative agree-
ments, in the form of money, or prop-
erty in lieu of money, by the Federal
Government to an eligible grantee. The
term does not include technical assist-
ance which provides services instead of
money, or other assistance in the form
of revenue sharing, loans, loan guaran-
tees, interest subsidies, insurance, or
direct appropriations, Also, the term
does not include assistance, such as 4
fellowship or other lump sum award,
which the grantee is not required to ac-
count for.

Grantee means the government to
which a grant is awarded and which is
accountable for the use of the funds
provided. The grantee is the entire
legal entity even if only a particular
component of the entity is designated
in the grant award document.

Local government means a county,
municipality, city, town, township,
local public authority (including any
public and Indian housing agency
under the United States Housing Act of
1987) school district, special district,
intrastate district, council of govern-
ments (whether or not incorporated as
a nonprofit corporation under state
law), any other regional or interstate
government entity, or any agency or
instrumentality of a local government.

192

Department of Justice

Obligations means the amounts of or-
ders placed, contracts and subgrants
awarded, goods and services received,
and similar transactions during a given
period that will require payment by
the grantee during the same or a future
period.

OMB means the U.S. Office of Man-
agement and Budget.

Outlays (expenditures) mean 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 actual
cash disbursement for direct charges
for goods and services, the amount of
indirect expense incurred, the value of
in-kind contributions applied, and the
amount of cash advances and payments
made to contractors and subgrantees,
For reports prepared on an accrued ex-
penditure basis, outlays are the sum of
actual cash disbursements, the amount
of indirect expense incurred, the value
of inkind contributions applied, and
the new increase (or decrease) in the
amounts owed by the grantee for goods
and other property received, for serv-
ices performed by employees, contrac-
tors, subgrantees, subcontractors, and
other payees, and other amounts he-
coming owed under programs for which
no current services or performance are
required, such as annuities, insurance
claims, and other benefit payments.

Percentage of completion method refers
to a system under which payments are
made for construction work according
to the percentage of completion of the
work, rather than to the grantee’s cost
incurred.

Prior approval means documentation
evidencing consent prior to incurring
specific cost.

Real property means land, including
Jand improvements, structures and ap-
purtenances thereto, excluding mov-
able machinery and equipment.

Share, when referring to the awarding
agency's portion of real property,
equipment or supplies. means the same
percentage as the awarding agency's
portion of the acquiring party's total
costs under the grant to which the ac-
quisition costs under the grant to
which the acquisition cost of the prop-
erty was charged. Only costs are to be
counted—not the value of third-party
in-kind contributions.

§ 66.3

State means any of the several States
of the United States, the District of
Columbia, the Commonwealth of Puer-
to Rico, any territory or possession of
the United States, or any agency or in-
strumentality of a State exclusive of
local governments. The term does not
include any public and Indian housing
agency under United States Housing
Act of 1987.

Subgrant means an award of financial
assistance in the form of money, or
property in lieu of money, made under
a grant by a grantee to an eligible sub-
grantee. The term includes financial
assistance when provided by contrac-
tual legal agreement, but does not in-
clude procurement purchases, nor does
it include any form of assistance which
is excluded from the definition of
“grant” in this part.

Subgrantee means the government or
other legal entity to which a subgrant
is awarded and which is accountable to
the grantee for the use of the funds
provided.

Supplies means all tangible personal
property other than ‘‘equipment’’ as
defined in this part.

Suspension means depending on the
context, either (1) temporary with-
drawal of the authority to obligate
grant funds pending corrective action
by the grantee or subgrantee or a deci-
sion to terminate the grant, or (2) an
action taken by a suspending official in
accordance with agency regulations
implementing E.O. 12549 to imme-
diately exclude a person from partici-
pating in grant transactions for a pe-
riod, pending completion of an inves-
tigation and such legal or debarment
proceedings aS may ensue.

Termination means permanent with-
drawal of the authority to obligate pre-
viously-awarded grant funds before
that authority would otherwise expire.
It also means the voluntary relinquish-
ment of that authority by the grantee
or subgrantee. ‘Termination’? does not
include:

(1) Withdrawal of funds awarded on
the basis of the grantee’s underesti-
mate of the unobligated balance in a
prior period;

(2) Withdrawal of the unobligated
balance as of the expiration of a grant;

193

§ 66.4

(3) Refusal to extend a grant or
award additional funds, to make a com-
peting or noncompeting continuation.
renewal, extension, or supplemental
award; or

(4) Voiding of a grant upon deter-
mination that the award was obtained
fraudulently, or was otherwise illegal
or invalid from inception.

Terms of a grant or subgrant mean all
requirements of the grant or subgrant,
whether in statute, regulations, or the
award document.

Third party in-kind contributions mean
property or services which benefit a
federally assisted project or program
and which are contributed by non-Fed-
eral third parties without charge to the
grantee, or a cost-type contractor
under the grant agreement.

Unliquidated obligations for reports
prepared on a cash basis mean the
amount of obligations incurred by the
grantee that has not been paid. For re-
ports prepared on an accrued expendi-
ture basis, they represent the amount
of obligations incurred by the grantee
for which an outlay has not been re-
corded.

Unobligated balance means the por-
tion of the funds authorized by the
Federal agency that has not been obli-
gated by the grantee and is determined
by deducting the cumulative obliga-
tions from the cumulative funds au-
thorized.

§66.4 Applicability.

(a) General. Subparts A—D of this part
apply to all grants and subgrants to
governments, except where incon-
sistent with Federal statutes or with
regulations authorized in accordance
with the exception provision of §66.6,
or:

(1) Grants and subgrants to State and
local institutions of higher education
or State and local hospitals.

(2) The block grants authorized by
the Omnibus Budget Reconciliation
Act of 1981 (Community Services; Pre-
ventive Health and Health Services; Al-
cohol, Drug Abuse, and Mental Health
Services; Maternal and Child Health
Services; Social Services; Low-Income
Home Energy Assistance; States’ Pro-
gram of Community Development
Block Grants for Small Cities; and Ele-
mentary and Secondary Education

28 CFR Ch. | (7-1-10 Edition)

other than programs administered by
the Secretary of Education under title
V, subtitle D, chapter 2, Section 583—
the Secretary’s discretionary grant
program) and titles I-III of the Job
Training Partnership Act of 1982 and
under the Public Health Services Act
(section 1921), Alcohol and Drug Abuse
Treatment and Rehabilitation Block
Grant and part C of title V, Mental
Health Service for the Homeless Block
Grant).

(3) Entitlement grants to carry out
the following programs of the Social
Security Act:

(i) Aid to Needy Families with De-
pendent Children (title IV-A of the Act,
not including the Work Incentive Pro-
gram (WIN) authorized by section
402(a)19(G); HHS grants for WIN are
subject to this part);

(ii) Child Support Enforcement and
Establishment of Paternity (title IV-D
of the Act);

(iii) Foster Care and Adoption Assist-
ance (title IV-E of the Act);

(iv) Aid to the Aged, Blind, and Dis-
abled (titles I, X, XIV, and XVI-AABD
of the Act); and

(vy) Medical Assistance (Medicaid)
(title XIX of the Act) not including the
State Medicaid Fraud Control program
authorized by section 1903(a)(6)(B).

(4) Entitlement grants under the fol-
lowing programs of The National
School Lunch Act:

(i) School Lunch (section 4 of the
Act),

(ii) Commodity Assistance (section 6
of the Act),

(iii) Special Meal Assistance (section
11 of the Act),

(iv) Summer Food Service for Chil-
dren (section 18 of the Act), and

(v) Child Care Food Program (section
17 of the Act).

(5) Entitlement grants under the fol-
lowing programs of The Child Nutri-
tion Act of 1966:

(i) Special Milk (section 3 of the Act),
and

(ii) School Breakfast (section 4 of the
Act).

(6) Entitlement grants for State Ad-
ministrative expenses under The Food
Stamp Act of 1977 (section 16 of the
Act).

(7) A grant for an experimental, pilot,
or demonstration project that is also

194

Department of Justice

supported by a grant listed in para-
graph (a)(3) of this section;

(8) Grant funds awarded under sub-
section 412(e) of the Immigration and
Nationality Act (8 U.S.C. 1522(e)) and
subsection 501(a) of the Refugee Edu-
cation Assistance Act of 1980 (Pub. L.
96-422, 94 Stat. 1809), for cash assist-
ance, medical assistance, and supple-
mental security income benefits to ref-
ugees and entrants and the administra-
tive costs of providing the assistance
and benefits;

(9) Grants to local education agencies
under 20 U.S.C, 2386 through 241-1(a),
and 242 through 244 (portions of the Im-
pact Aid program), except for 20 U.S.C.
938(d)2)(c) and 240(f) (Entitlement In-
crease for Handicapped Children); and

(10) Payments under the Veterans
Administration’s State Home Per Diem
Program (38 U.S.C. 641(a)).

(b) Entitlement programs. Entitlement
programs enumerated above in §66.4(a)
(3) through (8) are subject to subpart E.

§66.5 Effect on other issuances.

All other grants administration pro-
visions of codified program regula-
tions, program manuals, handbooks
and other nonregulatory materials
which are inconsistent with this part
are superseded, except to the extent
they are required by statute, or au-
thorized in accordance with the excep-
tion provision in § 66.6.

§66.6 Additions and exceptions.

(a) For classes of grants and grantees
subject to this part, Federal agencies
may not impose additional administra-
tive requirements except in codified
regulations published in the FRDERAT,
REGISTER.

(b) Exceptions for classes of grants or
grantees may be authorized only by
OMB.

(c) Exceptions on a case-by-case basis
and for subgrantees may be authorized
by the affected Federal agencies.

Subpart B—Pre-Award
Requirements

§66.10 Forms for applying for grants.
(a) Scope. (1) This section prescribes
forms and instructions to be used by
governmental organizations (except
hospitals and institutions of higher

§66.11

education operated by a government)
in applying for grants. This section is
not applicable, however, to formula
grant programs which do not require
applicants to apply for funds on a
project basis.

(2) This section applies only to appli-
cations to Federal agencies for grants,
and is not required to be applied by
grantees in dealing with applicants for
subgrants. However, grantees are en-
couraged to avoid more detailed or bur-
densome application requirements for
subgrants.

(b) Authorized forms and instructions
for governmental organizations. (1) In ap-
plying for grants, applicants shall only
use standard application forms or those
prescribed by the granting agency with
the approval of OMB under the Paper-
work Reduction Act of 1980.

(2) Applicants are not required to
submit more than the original and two
copies of preapplications or applica-
tions,

(3) Applicants must follow all appli-
cable instructions that bear OMB
clearance numbers. Federal agencies
may specify and describe the programs,
functions, or activities that will be
used to plan, budget, and evaluate the
work under a grant. Other supple-
mentary instructions may be issued
only with the approval of OMB to the
extent required under the Paperwork
Reduction Act of 1980. For any stand-
ard form, except the SF-424 facesheet,
Federal agencies may shade out or in-
struct the applicant to disregard any
line item that is not needed.

(4) When a grantee applies for addi-
tional funding (such as a continuation
or supplemental award) or amends a
previously submitted application, only
the affected pages need be submitted.
Previously submitted pages with infor-
mation that is still current need not be
resubmitted.

$66.11 State plans.

(a) Scope. The statutes for some pro-
grams require States to submit plans
before receiving grants. Under regula-
tions implementing Executive Order
12372, ‘‘Intergovernmental Review of
Federal Programs," States are allowed
to simplify, consolidate and substitute
plans. This section contains additional
provisions for plans that are subject to

195

§ 66.12

regulations implementing the Execu-
tive Order.

(b) Requirements. A State need meet
only Federal administrative or pro-
grammatic requirements for a plan
that are in statutes or codified regula-
tions.

(c) Assurances. In each plan the State
will include an assurance that the
State shall comply with all applicable
Federal statutes and regulations in ef-
fect with respect to the periods for
which it receives grant funding. For
this assurance and other assurances re-
quired in the plan, the State may:

(1) Cite by number the statutory or
regulatory provisions requiring the as-
surances and affirm that it gives the
assurances required by those provi-
sions,

(2) Repeat the assurance language in
the statutes or regulations, or

(83) Develop its own language to the
extent permitted by law.

(a) Amendments. A State will amend a
plan whenever necessary to reflect: (1)
New or revised Federal statutes or reg-
ulations or (2) a material change in any
State law, organization, policy, or
State agency operation, The State will
obtain approval for the amendment and
its effective date but need submit for
approval only the amended portions of
the plan.

§66.12 Special grant or subgrant con-
ditions for “high-risk” grantees.

(a) A grantee or subgrantee may be
considered ‘thigh risk” if an awarding
agency determines that a grantee or
subgrantee:

(1) Has a history of unsatisfactory
performance, or

(2) Is not financially stable, or

(3) Has a management system which
does not meet the management stand-
ards set forth in this part, or

(4) Has not conformed to terms and
conditions of previous awards, or

(5) Is otherwise not responsible; and
if the awarding agency determines that
an award will be made, special condi-
tions and/or restrictions shall cor-
respond to the high risk condition and
shall be included in the award.

(b) Special conditions or restrictions
may include:

(1) Payment on a reimbursement
basis;

28 CFR Ch. | (7-1-10 Edition)

(2) Withholding authority to proceed
to the next phase until receipt of -evi-
dence of acceptable performance within
a given funding period;

(3) Requiring additional, more de-
tailed financial reports;

(4) Additional project monitoring;

(5) Requiring the grante or sub-
grantee to obtain technical or manage-
ment assistance; or

(6) Establishing additional prior ap-
provals.

(c) If an awarding agency decides to
impose such conditions, the awarding
official will notify the grantee or sub-
grantee as early as possible, in writing,
of:

(1) The nature of the special condi-
tions/restrictions;

(2) The reason(s) for imposing them;

(3) The corrective actions which must
be taken before they will be removed
and the time allowed for completing
the corrective actions and

(4) The method of requesting recon-
sideration of the conditions/restric-
tions imposed.

Subpart C—Post-Award
Requirements

FINANCIAL ADMINISTRATION

§66.20 Standards for financial man-
agement systems.

(a) A State must expand and account
for grant funds in accordance with
State laws and procedures for expend-
ing and accounting for its own funds.
Fiscal control and accounting proce-
dures of the State, as well as its sub-
grantees and cost-type contractors,
must be sufficient to—

(1) Permit preparation of reports re-
quired by this part and the statutes au-
thorizing the grant, and

(2) Permit the tracing of funds to a
level of expenditures adequate to es-
tablish that such funds have not been
used in violation of the restrictions
and prohibitions of applicable statutes.

(bo) The financial management sys-
tems of other grantees and subgrantees
must meet the following standards:

(1) Financial reporting. Accurate, cur-
rent, and complete disclosure of the fi-
nancial results of financially assisted
activities must be made in accordance

196

Department of Justice

with the financial reporting require-
ments of the grant or subgrant.

(2) Accounting records. Grantees and
subgrantees must maintain records
which adequately identify the source
and application of funds provided for fi-
nancially-assisted activities. These
records must contain information per-
taining to grant or subgrant awards
and authorizations, obligations, unobli-
gated balances, assets, liabilities, out-
lays or expenditures, and income.

(3) Internal control. Effective control
and accountability must be maintained
for all grant and subgrant cash, real
and personal property, and other as-
sets. Grantees and subgrantees must
adequately safeguard all such property
and must assure that it is used solely
for authorized purposes.

(4) Budget control. Actual expendi-
tures or outlays must be compared
with budgeted amounts for each grant
or subgrant. Financial information
must be related to performance or pro-
ductivity data, including the develop-
ment of unit cost information when-
ever appropriate or specifically re-
quired in the grant or subgrant agree-
ment. If unit cost data are required, es-
timates based on available documenta-
tion will be accepted whenever pos-
sible.

(5) Allowable cost. Applicable OMB
cost principles, agency program regula-
tions, and the terms of grant and
subgrant agreements will be followed
in determining the reasonableness, al-
lowability, and allocability of costs.

(6) Source documentation. Accounting
records must be supported by such
source documentation as cancelled
checks, paid bills, payrolls, time and
attendance records, contract and
subgrant award documents, etc.

(7) Cash management. Procedures for
minimizing the time elapsing between
the transfer of funds from the U.S.
Treasury and disbursement by grantees
and subgrantees must be followed
whenever advance payment procedures
are used. Grantees must establish rea-
sonable procedures to ensure the re-
ceipt of reports on subgrantees’ cash
balances and cash disbursements in
sufficient time to enable them to pre-
pare complete and accurate cash trans-
actions reports to the awarding agen-
cy. When advances are made by letter-

§ 66.21

of-credit or electronic transfer of funds
methods, the grantee must make
drawdowns as close as possible to the
time of making disbursements. Grant-
ees must monitor cash drawdowns by
their subgrantees to assure that they
conform substantially to the same
standards of timing and amount as
apply to advances to the grantees.

(c) An awarding agency may review
the adequacy of the financial manage-
ment system of any applicant for fi-
nancial assistance as part of a
preaward review or at any time subse-
quent to award.

§66.21 Payment.

(a) Scope. This section prescribes the
basic standard and the methods under
which a Federal agency will make pay-
ments to grantees, and grantees will
make payments to subgrantees and
contractors.

(b) Basic standard. Methods and pro-
cedures for payment shall minimize
the time elapsing between the transfer
of funds and disbursement by the
grantee or subgrantee, in accordance
with Treasury regulations at 31 CFR
part 205. ~

(c) Advances. Grantees and sub-
grantees shall be paid in advance, pro-
vided they maintain or demonstrate
the willingness and ability to maintain
procedures to minimize the time elaps-
ing between the transfer of the funds
and their disbursement by the grantee
or subgrantee.

(ad) Reimbursement. Reimbursement
shall be the preferred method when the
requirements in paragraph (c) of this
section are not met. Grantees and sub-
grantees may also be paid by reim-
bursement for any construction grant.
Except as otherwise specified in regula-
tion, Federal agencies shall not use the
percentage of completion method to
pay construction grants. The grantee
or subgrantee may use that method to
pay its construction contractor, and if
it does, the awarding agency’s pay-
ments to the grantee or subgrantee
will be based on the grantee’s or sub-
grantee’s actual rate of disbursement.

(e) Working capital advances. If a
grantee cannot meet the criteria for

197

Board of Aldermen Page 38
September 27, 2016

President McCarthy

| want to address the issue that was just raised. | don’t lightly interfere with the business of our
committee chairs when | am at their meetings. | think it’s disrespectful as long as the proceedings are
going along well and frankly, | think there are members of this Board who would call for my head on a
plate if | did it at the committee’s that they chair, all the more so when the ruling of the committee chair is
correct. The rules on personal point’s privilege are specific to one exacting circumstance and that is
where the allegation that has been made would be disqualifying from participation in the Board if it were
true. There was no such thing before the committee at that point and the chair was well aware of that.
Whether that’s why he ruled that the request was out of order at that point, | don’t know.

Alderman Cookson

A point of personal privilege, Mr. President...

President McCarthy

Alderman Cookson, | am speaking, please wait until | am done. Is there something before us right now
that would disqualify you? If not you don’t have the right to interrupt me while | am speaking. | will
recognize you again when | am done. Whether or not that is the reason that the chair chose to make
that ruling, | don’t know. It is likely that the better approach would have been to ask about the point of
privilege and not allow a speech because frankly, we should take very seriously when we interrupt other
members who are speaking. | believe that the actions of the chair were in fact, reasonably responsible
and if he chooses to apologize to you for that then he may but | don’t believe that his actions were out of
line and the business of the committee was conducted.

Alderman Cookson

When a motion or a point of personal privilege is addressed the correct response is exactly as you just
stated and that is to allow the speaker to continue to address what that point is that he/she perceives to
be the issue. The inappropriate response is to be called out of order.

Committee announcements:

ADJOURNMENT

MOTION BY ALDERMAN DEANE THAT THE SEPTEMBER 27, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 10:30 p.m.

Attest: Patricia D. Piecuch, City Clerk

City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 30, 2022
Memo #22-252

TO: Mayor Donchess
Finance Committee

SUBJECT: Paving: Management & Construction Administration in the amount not to exceed
$227,300 funded from 54210 Construction Services/Bond

Please see attached communications from Daniel Hudson, City Engineer, dated March 24, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item:
Value:
Vendor:

Department:
Source Fund:

Ordinance:

Paving: Management & Construction Administration
$227,300

Hayner Swanson Inc.

160 Admin/Engineering

54210 Construction Services/ Bond

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required

The Board of Public Works (3/24/2022 BPW meeting), Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor