Terminology from Agency Guidance Sample Clauses

Terminology from Agency Guidance. In response to earlier ORMA comments, the OIG indicated that much of its terminology is taken from Agency Guidance. However, much of the Agency guidance on assistance dates back to a time before EPA became sensitive to many of the implications of the Federal Grant and Cooperative Agreement Act (FGCAA) and other issues bearing on misuse of assistance agreements. The Assistance Administration Manual dates back to 1984, for example, and is very much in need of revision or replacement. Except for passing reference to discussion of QA, the report does not refer to the Assistance Regulations at 40 CFR part 30, which is the most current Agency guidance. That regulation is more current than and of a higher order of precedence than most of the other guidance cited, and in it the difference in handling of assistance vs. acquisition is strikingly apparent. For example, at 40 CFR 30.22(h), there is a very high standard established for any suspension of payment. At 30.25(d), it is made clear that special prior approvals are to be carefully limited. At 30.25(f)(1), recipients have a right to be paid for costs incurred up to three months before the agreement is even awarded; at 30.25(f)(2), they have a right to a one year extension in performance period. Much of the Agency terminology in the various relevant manuals dates from long before the revised regulation and before the Agency began to revisit the intent of the FGCAA during the early-to-mid 1990's. We believe that it should be possible to use terms in a context that makes it clear that they are not to be applied in a manner like similar contractual terms.
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Related to Terminology from Agency Guidance

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