Current through Register Vol. 48, No. 38, September 20, 2024
From time to time, the Agency and grant recipient may propose
changes to the grant agreement and mutually agree to changes to the grant
agreement.
a) Amendments to the Grant
Agreement. A grant amendment is a significant change to the grant agreement
that generally may include, but may not be limited to, changes to the total
project cost, number of vehicles affected, grant period, or project air quality
benefit. The grant agreement may be amended only by the mutual consent of the
parties set forth in writing as a grant amendment, signed and dated by the
Agency and the grant recipient. The following requirements and procedures apply
to grant amendments:
1) The grant recipient
may request a grant amendment at any point during the grant period. Requests
for grant amendments must be submitted in writing to the Agency by the grant
recipient's representative as defined in Section
261.360(a)
(Grant Applications) of this
Subpart.
2) The Agency shall notify
the grant recipient in writing of its approval or rejection of the requested
grant amendment no more than 90 calendar days after receipt of a request for a
grant amendment.
3) Permissible
grant amendments may include, but are not limited to, the following:
A) The original project cost approval was
based on estimated costs or contractor bids and the actual costs or contractor
bids are greater or less than the estimated costs;
B) Amendments to State or federal statutes or
regulations have affected or will affect the project costs;
C) A project scope of work element was
inadvertently omitted; or
D) A
project scope of work element was added pursuant to applicable local, State, or
federal law.
4) A grant
amendment becomes effective when signed by both the Agency and the grant
recipient, and approved by the State. Following acceptance, the Agency shall
issue a project amendment confirmation letter, including a signed copy of the
grant amendment, to the grant recipient.
5) A grant recipient is not eligible to
obtain a grant amendment by default due to the Agency's failure to act within
the time frame set forth in this Section.
b) Minor Project Scope of Work Changes. A
minor project scope of work change includes, but is not limited to, a change in
location that does not affect air quality benefit, a change in equipment
specification such as engine displacement capacity or equipment manufacturer,
or other similar change, which is not a grant amendment. The following
requirements and procedures apply to minor project scope of work changes:
1) Grant recipients shall notify the Agency,
in writing, of all proposed minor project scope of work changes.
2) The Agency may approve proposed minor
project scope of work changes that it determines are cost-effective and within
the overall scope, criteria, requirements, and limitations of the grant
project.
3) The Agency shall notify
the grant recipient in writing of its approval or rejection of the
request.
4) A grant recipient
cannot obtain approval of a project scope of work change by default due to the
Agency's failure to respond to such a request.
