Common use of Requests for Change in Project Scope Clause in Contracts

Requests for Change in Project Scope. Consistent with the discussion of the Solicitor’s opinion on SNPLMA funds as appropriated funds and the principles of appropriations law discussed in Section VI, the “purpose statute” is the guiding principle in regard to requesting, analyzing, and either approving or denying modifications for changes to project scope.49 Recipients of SNPLMA funds may request a change in scope so long as the requested change is determined to be necessary to accomplish the purpose of the project as described in the nomination and approved by the Secretary, and does not change or expand/generalize that purpose. The rules below address types of changes that do not require a change in scope, types of changes that require a change in scope, and types of changes that are prohibited because they would not comply with the purpose approved by the Secretary or the purpose statute. These rules are based on application of appropriations law, the Secretary’s requirements for expenditure of funds, and the Secretary’s authority and discretion to decide which projects to fund based on the description of the project purpose in the nomination. Beginning with Round 13, project nominations include a specific purpose statement. The purpose statement along with the deliverables identified to accomplish the purpose will be used to determine 48 Revisions to this section on time extensions is in accordance with an EC decision memorandum approved 9/3/10 for revisions to the IA. 49 The changes to the section on change of scope are in accordance with an EC decision memorandum approved 8/11/11. project completion and acceptability of scope change requests. For all projects not completed, closed, or terminated in Rounds 1 through 12, the SNPLMA Division, in coordination with the recipient agency/entity, will use the common meaning of the words written in the nomination to determine the purpose of the nomination, together with the deliverables in the approved workplan, when evaluating change requests which affect the project scope. The SNPLMA Division will coordinate with the recipient agency/entity to properly identify the project's purpose. In addition to considering the determined project “purpose,” the Division, the PWG, and the EC will also consider the nomination requirements and other relevant conditions existing at the time the Round 1-12 nominations were written. Using the determined purpose and other appropriate considerations, they will apply common sense reasoning in evaluating, recommending, and making decisions on scope changes for projects in Rounds 1-12.50  In no case will recipient agencies/entities be reimbursed or otherwise compensated for obligations or new expenditures incurred using other funds to begin work on, or complete, new deliverables prior to approval of a change of scope to add the deliverable to the project description and receipt of the appropriate fully executed financial instrument or transfer authorization letter documenting the approved scope change. The rules below address scope changes based on the type of deliverable and information regarding stated deliverables that is being provided in nominations and carried over into the Project Workplan beginning with Round 13. For projects in Round 1-12 entities the Program Manager will evaluate the request using the guidance above for projects in Rounds 1-12 and the rules below to develop a recommendation regarding the scope change request.

Requests for Change in Project Scope. Consistent with the discussion of the Solicitor’s opinion on SNPLMA funds as appropriated funds and the principles of appropriations law discussed in Section VI, the “purpose statute” is the guiding principle in regard to requesting, analyzing, and either approving or denying modifications for changes to project scope.49 Recipients of SNPLMA funds may request a change in scope so long as the requested change is determined to be necessary to accomplish the purpose of the project as described in the nomination and approved by the Secretary, and does not change or expand/generalize that purpose. The rules below address types of changes that do not require a change in scope, types of changes that require a change in scope, and types of changes that are prohibited because they would not comply with the purpose approved by the Secretary or the purpose statute. These rules are based on application of appropriations law, the Secretary’s requirements for expenditure of funds, and the Secretary’s authority and discretion to decide which projects to fund based on the description of the project purpose in the nomination. Beginning with Round 13, project nominations include a specific purpose statement. The purpose statement along with the deliverables identified to accomplish the purpose will be used to determine 48 Revisions to this section on time extensions is in accordance with an EC decision memorandum approved 9/3/10 for revisions to the IA. 49 The changes to the section on change of scope are in accordance with an EC decision memorandum approved 8/11/11. project completion and acceptability of scope change requests. For all projects not completed, closed, or terminated in Rounds 1 through 12, the SNPLMA Division, in coordination with the recipient agency/entity, will use the common meaning of the words written in the nomination to determine the purpose of the nomination, together with the deliverables in the approved workplan, when evaluating change requests which affect the project scope. The SNPLMA Division will coordinate with the recipient agency/entity to properly identify the project's purpose. In addition to considering the determined project “purpose,” the Division, the PWG, and the EC will also consider the nomination requirements and other relevant conditions existing at the time the Round 1-12 nominations were written. Using the determined purpose and other appropriate considerations, they will apply common sense reasoning in evaluating, recommending, and making decisions on scope changes for projects in Rounds 1-12.50  ⮚ In no case will recipient agencies/entities be reimbursed or otherwise compensated for obligations or new expenditures incurred using other funds to begin work on, or complete, new deliverables prior to approval of a change of scope to add the deliverable to the project description and receipt of the appropriate fully executed financial instrument or transfer authorization letter documenting the approved scope change. The rules below address scope changes based on the type of deliverable and information regarding stated deliverables that is being provided in nominations and carried over into the Project Workplan beginning with Round 13. For projects in Round 1-12 entities the Program Manager will evaluate the request using the guidance above for projects in Rounds 1-12 and the rules below to develop a recommendation regarding the scope change request.

Requests for Change in Project Scope. ‌ Consistent with the discussion of the Solicitor’s opinion on SNPLMA funds as appropriated funds and the principles of appropriations law discussed in Section VI, the “purpose statute” is the guiding principle in regard to requesting, analyzing, and either approving or denying modifications for changes to project scope.49 scope.143 Recipients of SNPLMA funds may request a change in scope so long as the requested change is determined to be necessary to accomplish the purpose of the project as described in the nomination and approved by the Secretary, and does not change or expand/generalize that purpose. The rules below address types of changes that do not require a an approved decision memorandum to change in the scope, types of scope changes that require a change in scopean approved decision memorandum, and types of scope changes that are prohibited because they would not comply with the project purpose as approved by the Secretary or the purpose statute. These rules are based on application of appropriations law, the Secretary’s requirements for expenditure of funds, and the Secretary’s authority and discretion to decide which projects to fund based on the description of the project purpose in the nomination. Beginning with Round 13, project nominations include a specific purpose statement. The purpose statement along with the deliverables identified to accomplish the purpose will be used to determine 48 Revisions to this section on time extensions is in accordance with an EC decision memorandum approved 9/3/10 for revisions to the IA. 49 The changes to the section on change of scope are in accordance with an EC decision memorandum approved 8/11/11. project completion and acceptability of scope change requests. For all projects not completed, closed, or terminated in Rounds 1 through 12, the SNPLMA Division, in coordination with the recipient agency/entity, will use the common meaning of the words written in the nomination to determine the purpose of the nomination, together with the deliverables in the approved workplanwork plan, when evaluating change requests which affect the project scope. The SNPLMA Division will coordinate with the recipient agency/entity to properly identify the project's purpose. In addition to considering the determined project “purpose,” the SNPLMA Division, the PWG, and the EC will also consider the nomination requirements and other relevant conditions existing at the time the Round 1-1 through 12 nominations were written. Using the determined purpose and other appropriate considerations, they will apply common sense reasoning in evaluating, recommending, and making decisions on scope changes for projects in Rounds 1-12.50  1 through 12.144 • In no case will recipient agencies/entities be reimbursed or otherwise compensated for obligations or new expenditures incurred using other funds to begin work on, or complete, new deliverables prior to approval of a change of scope to add the deliverable to the project description and receipt of the appropriate fully executed financial instrument or transfer authorization letter documenting the approved scope change. The rules below address scope changes based on the type of deliverable and information regarding stated deliverables that is being provided in nominations and carried over into the Project Workplan project work plan beginning with Round 13. For projects in Round 1-1 through 12 entities the Program Manager will evaluate the request using the guidance above for these projects in Rounds 1-12 and along with the rules below to develop a recommendation regarding the scope change request.