Common use of Payment Limitations Clause in Contracts

Payment Limitations. (1) The total WHIP payments made or attributed per person or legal entity (participant) directly or indirectly may not exceed in the aggregate $50,000 for any fiscal year (see 440-CPM, Part 512, Subpart E, Section 512.45). (2) WHIP 2008 Farm Bill (i) The $50,000 payment limitation is on a fiscal year basis. (ii) Annual payment limitations may not be waived. (iii) Split payments are not allowed. When payment requests for completed practices exceed the annual limitation for a person or legal entity, the portion that exceeds the limitation will not be deferred to the next fiscal year. The balance must be deobligated. (iv) Incremental payments are not allowed. Participants may work ahead of schedule, but certification of satisfactorily completed practices may not be delayed or postponed to circumvent the annual payment limitations. (v) When scheduled practices exceed the annual payment limitation, Form NRCS-CPA-1155, “Conservation Plan and Schedule of Operations,” or Form NRCS-CPA-1156, “Modification,” will show the capped practice cost. Note: Until this step is taken, ProTracts will not allow payment. (vi) Participants who are in multiple contracts and have reached the annual payment limitation will have reductions made at payment. (vii) Payment approval date in ProTracts determines the fiscal year for the annual payment limitation evaluation. Note: Practices completed but not paid by the announced closure of the fiscal year activities in ProTracts will be applied to the payment limitations in the following year, if payment is approved after October 1. (viii) Payments from contracts before fiscal year (FY) 2009 do not count toward the $50,000 payment limit of an FY 2009 WHIP contract. (ix) Payments received for technical assistance is excluded from this limitation. (3) WHIP 2002 Farm Bill There is no annual payment limitation. Payments from contracts before fiscal year (FY) 2009 do not have the $50,000 annual payment limitation. (4) With regard to cost-share agreements with individual Indians or Indians represented by the Bureau of Indian Affairs (BIA), payments exceeding the payment limitation may be made to the Tribal participant if a BIA or Tribal official certifies in writing that no one individual, directly or indirectly, will receive more than the payment limitation. The BIA or Tribal entity must also provide, annually, a listing of individuals and payments made, by tax identification number or other unique identification number, during the previous year for calculating overall payment limitations. The Tribal entity must also produce, at the request of NRCS, proof of payments made to the person or legal entity that incurred costs related to conservation practice implementation. (5) There is no national financial limit per contract for WHIP. State Conservationists with advice from the State Technical Committee, may establish a State-level financial limit per contract. 517.46 Signing and Approving Contract Documents A. Approval See 440-CPM, Part 512, Subpart E, Section 512.46.