Common use of Rules for Use of Contingency Funds Clause in Contracts

Rules for Use of Contingency Funds. Contingency funds for projects approved through Round 9 continue to be available without justification for use as part of the total amount available for reimbursement, transfer, direct charge by BLM, or ASAP draw down by local/regional governmental and other non-Federal entities. Starting with projects approved in Round 10, agencies/entities must submit a request and justification utilizing Appendix L for use of a specific amount of the contingency funds up to a maximum of 10 percent of the project amount approved by the Secretary. The request must be submitted to the appropriate program manager in the SNPLMA Division for review and approval. The SNPLMA program manager will review the request and, if necessary, contact the agency/entity within 3 business days to obtain additional information or clarification to complete the request. Within 10 business days of the date the request is completed, the program manager will provide a signed, written response on BLM letterhead to the agency/entity. If the request and justification meet the guidelines and rules in this section VII.D. for use of contingency funds, the response will approve use of the contingency funds and outline the financial transactions necessary to make the contingency funding available to the requesting agency/entity. The SNPLMA Division will provide a quarterly summary of projects approved for use of contingency funds to the Partners Working Group and Executive Committee. If the program manager determines the request does not meet the guidelines, the program manager will consult with the agency/entity during the 10-business-day review period regarding inconsistencies with the guidelines and possible alternative actions. At this point, the agency/entity can decide to withdraw its request and submit a brief written withdrawal notice to the Program Manager. If this occurs, the SNPLMA program manager’s written response will address the withdrawal, the reasons for the 36 The section on use of contingency funds has been added consistent with an EC decision memorandum for IA changes approved 9/8/2009. withdrawal, and any alternatives discussed. However, if the agency indicates within the 10-business-day review period, that it disagrees with the program manager’s findings and wants to pursue the use of contingency funds, the program manager will within no more than an additional three (3) business days, forward the request in the form of a decision memorandum through the Assistant District Manager, SNPLMA Division, and the Partners Working Group to the Executive Committee for a final decision. In addition to the rules for proper expenditure of all SNPLMA funds, rules specifically applicable to contingency funds are:  Contingency funds cannot be used to expand the scope of the project or to do additional work not required to complete the project as described in the approved nomination or in subsequent, approved scope changes. For example, a scope expansion would be treating additional acres, installing more landscaping, or using a higher grade of pavement than what was described in the nomination because contingency funds remain or weren’t needed due to cost increases.  Contingency funds may only be used to complete the project as originally described, not to increase the size, function, quantity of project elements, or level of finish for the project.  Project nominations should develop the purpose and estimated costs without assuming availability of any contingency funds. Financial documents that create financial obligation in the accounting system for approved project funds (e.g., IAAs and assistance agreements) will obligate the total amount approved by the Secretary, including any approved contingency amount, in order to minimize the need to modify those documents. However, the contingency amount will not be made available for reimbursement or ASAP draw down until a request and justification for its use is submitted to and approved by the SNPLMA Division in writing. Financial instruments for projects funded by direct transfer and BLM direct charge will not reflect any approved contingency amount; if use of contingency funds is approved the transfer authorization letter or BLM task order will be modified to reflect the approved contingency amount.

Rules for Use of Contingency Funds. Contingency funds for projects approved through Round 9 continue to be available without justification for use as part of the total amount available for reimbursement, transfer, direct charge by BLM, or ASAP draw down by local/regional governmental and other non-Federal entities. Starting with projects approved in Round 10, agencies/entities must submit a request and justification utilizing Appendix L for use of a specific amount of the contingency funds up to a maximum of 10 percent of the project amount approved by the Secretary. The request must be submitted to the appropriate program manager in the SNPLMA Division for review and approval. The SNPLMA program manager will review the request and, if necessary, contact the agency/entity within 3 business days to obtain additional information or clarification to complete the request. Within 10 business days of the date the request is completed, the program manager will provide a signed, written response on BLM letterhead to the agency/entity. If the request and justification meet the guidelines and rules in this section VII.D. for use of contingency funds, the response will approve use of the contingency funds and outline the financial transactions necessary to make the contingency funding available to the requesting agency/entity. The SNPLMA Division will provide a quarterly summary of projects approved for use of contingency funds to the Partners Working Group and Executive Committee. If the program manager determines the request does not meet the guidelines, the program manager will consult with the agency/entity during the 10-business-day review period regarding inconsistencies with the guidelines and possible alternative actions. At this point, the agency/entity can decide to withdraw its request and submit a brief written withdrawal notice to the Program Manager. If this occurs, the SNPLMA program manager’s written response will address the withdrawal, the reasons for the 36 The section on use of contingency funds has been added consistent with an EC decision memorandum for IA changes approved 9/8/2009. withdrawal, and any alternatives discussed. However, if the agency indicates within the 10-business-day review period, that it disagrees with the program manager’s findings and wants to pursue the use of contingency funds, the program manager will within no more than an additional three (3) business days, forward the request in the form of a decision memorandum through the Assistant District Manager, SNPLMA Division, and the Partners Working Group to the Executive Committee for a final decision. In addition to the rules for proper expenditure of all SNPLMA funds, rules specifically applicable to contingency funds are:  • Contingency funds cannot be used to expand the scope of the project or to do additional work not required to complete the project as described in the approved nomination or in subsequent, approved scope changes. For example, a scope expansion would be treating additional acres, installing more landscaping, or using a higher grade of pavement than what was described in the nomination because contingency funds remain or weren’t needed due to cost increases.  • Contingency funds may only be used to complete the project as originally described, not to increase the size, function, quantity of project elements, or level of finish for the project.  • Project nominations should develop the purpose and estimated costs without assuming availability of any contingency funds. Financial documents that create financial obligation in the accounting system for approved project funds (e.g., IAAs and assistance agreements) will obligate the total amount approved by the Secretary, including any approved contingency amount, in order to minimize the need to modify those documents. However, the contingency amount will not be made available for reimbursement or ASAP draw down until a request and justification for its use is submitted to and approved by the SNPLMA Division in writing. Financial instruments for projects funded by direct transfer and BLM direct charge will not reflect any approved contingency amount; if use of contingency funds is approved the transfer authorization letter or BLM task order will be modified to reflect the approved contingency amount.

Rules for Use of Contingency Funds. ‌ Contingency funds for projects approved through Round 9 continue to be available without justification for use as part of the total amount available for reimbursement, transfer, direct charge by BLM, or ASAP draw down by local/regional governmental and other non-Federal entities. Starting with For projects approved in Round 1010 and forward, agencies/entities must submit a request and justification utilizing Appendix L in the IA Part Two for use of a specific amount of the contingency funds up to a maximum of 10 percent of the project amount approved by the Secretary. The request must be submitted to the appropriate program manager in the SNPLMA Division Program Manager for review and approval. The SNPLMA program manager Program Manager will review the request and, if necessary, contact the agency/entity within 3 three (3) business days to obtain additional information or clarification to complete the request. Within 10 business days of the date Once the request is completedcomplete, the program manager SNPLMA Division will have a 10-busiiness-day review period within which to provide a signed, written response on BLM letterhead to the agency/entity. If the request and justification meet the guidelines and rules in this section VII.D. Section VII.E. for use of contingency funds, the written response will approve use of the contingency funds and outline the financial transactions necessary to make the contingency funding available to the requesting agency/entity. The SNPLMA Division will provide a quarterly summary of projects approved for use of contingency funds to the Partners Working Group PWG and Executive CommitteeEC. If the program manager SNPLMA Program Manager determines the request does not meet the guidelines, the program manager SNPLMA Program Manager will consult with the agency/entity during the SNPLMA Division’s 10-business-business day review period regarding inconsistencies with the guidelines and possible alternative actions. At this point, the agency/entity can decide to withdraw its request and submit a brief written withdrawal notice to the SNPLMA Program Manager. If this occurs, the SNPLMA program managerProgram Manager’s written response will address the withdrawal, the reasons for the 36 The section on use of contingency funds has been added consistent with an EC decision memorandum for IA changes approved 9/8/2009. withdrawal, and any alternatives discussed. However, if the agency indicates within the SNPLMA Division’s 10-business-day review period, that it disagrees with the program managerSNPLMA Program Manager’s findings and wants to pursue the use of contingency funds, the program manager will SNPLMA Program Manager will, within no more than an additional three (3) business days, forward the request in the form of a decision memorandum through the Assistant District Manager, SNPLMA Division, ADM and the Partners Working Group PWG to the Executive Committee EC for a final decision. In addition to the rules for proper expenditure of all SNPLMA funds, rules specifically applicable to contingency funds are:  • Contingency funds cannot be used to expand the scope of the project or to do additional work not required to complete the project as described in the approved nomination or in subsequent, approved scope changes. For example, a scope expansion would be treating additional acres, installing more landscaping, or using a higher grade of pavement than what was described in the nomination because contingency funds remain or weren’t were not needed due to cost increases.  • Contingency funds may only be used to complete the project as originally described, not to increase the size, function, quantity of project elements, or level of finish for the project.  • Project nominations should develop the purpose and estimated costs without assuming availability of any contingency funds. Financial documents that create a financial obligation in the accounting system for approved project funds (e.g., IAAs and assistance agreements) will obligate the total amount approved by the Secretary, including any approved contingency amount, in order to minimize the need to modify those documents. However, the contingency amount will not be made available for reimbursement or ASAP draw down until a request and justification for its use is submitted to and approved by the SNPLMA Division in writing. Financial instruments for projects funded by direct transfer and BLM direct charge will not reflect any approved contingency amount; if use of contingency funds is approved the transfer authorization letter or BLM task order Task Order will be modified to reflect the approved contingency amount.