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| 12.113 STATE MEMORANDUM OF AGREEMENT PROGRAM FOR THE REIMBURSEMENT OF TECHNICAL SERVICES |
| (DSMOA) |
| FEDERAL AGENCY |
| OFFICE OF THE CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE |
| AUTHORIZATION |
| Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, Public Law 96-510, as amended, 10 U.S.C. 2810; Superfund Amendments and Reauthorization Act of 1986, Section 211(d), Public Law 99-499. |
| OBJECTIVES |
| To reimburse each State and territory for their costs incurred by providing technical services in support of Department of Defense Environmental Restoration Program activities. This program seeks to facilitate State and territory participation in expediting cleanup at DoD hazardous waste sites, and to foster relations between States, military services, Defense agencies and DoD. |
| TYPES OF ASSISTANCE |
| Project Grants (Cooperative Agreements). |
| USES AND USE RESTRICTIONS |
| State/territorial services that qualify for payment under the program include the following types of assistance provided by the State/territory commencing at site identification and continuing through operation and maintenance as well as any other activities that are funded by DERA: 1. Technical review, comments and recommendations on all documents or data required to be submitted to the State/territory under an agreement between the State/territory and a DoD component, all documents or data that a DoD component requests the State/territory to review, and all documents or data that are provided by a DoD component to the State/territory for review as a result of a request from the State/territory made under applicable State/territorial law; 2. identification and explanation of State/territorial applicable or relevant and appropriate requirements related to response actions at DoD installations; 3. site visits to review DoD response actions and ensure their consistency with appropriate requirements, or in accordance with site-specific requirements established in other agreements between the State/territory and DoD Component; 4. participation in cooperation with DoD in the conduct of public education and public participation activities in accordance with Federal and State/territorial requirements for public involvement; 5. services provided at the request of DoD in connection with participation in technical review committees; 6. preparation and administration of a cooperative agreement (CA) to implement this agreement, including the estimates of State/territorial costs; and 7. other services that the State/territory will provide that are set out in the DSMOA or are included in installation-specific cleanup agreements. The DSMOA program does not include costs incurred prior to October 16, 1986. Funded from DERA, BRAC 1, BRAC 91, and Defense stock funds and will soon include selected formerly used Defense site activities. |
| Applicant Eligibility |
| State and territorial governments only. |
| Beneficiary Eligibility |
| State and territorial governments, local governments, public nonprofit organization/institution, public institution/organization, profit organization, private nonprofit institution/organization. |
| Credentials/Documentation |
| Applicants must enter into a Defense/State Memorandum of Agreement (54 FR 31358-31362, July 28, 1989). |
| Preapplication Coordination |
| This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. |
| Application Procedure |
| Administration of CAs will be in accordance with Office of management and Budget (OMB) Circular No. A-102, Grants and Cooperative Agreements with State and Local Governments, and Title 32 CFR 278, Office of the Secretary of Defense, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. A State/territory will submit a complete application package for Federal assistance, consisting of Standard Form 424 (SF 424) and attachments, including a proposal narrative, the signed DSMOA, and a project management plan. The State/territory's application must also include a description of the type and amount of support services that the State/territory plans to provide for each installation covered in the DSMOA for the specific award period of the CA. CAs will be awarded for a term of two years, based on an annual estimate of requirements. Applications will be accepted after signature of the DSMOA by both parties; DoD processing time for applications is expected to be two months. The Corps of Engineers, as executive agent for DASD(E) will accept the application, review it, and make a decision as to the award. This CA agreement, when signed by both the Head of the Agency signing on behalf of the State/territory, and approved by the chief of engineers, comprises the contractual relationship between the DoD and the State/territory. States/territories may request funds in accordance with the methods outlined in OMB Circular No. A-102 and 32 CFR 278. These documents provide for the following methods of payment: (1) Advances; and (2) reimbursement; and a State/territory may request a payment method in its cooperative agreement application. Allowable costs will be determined in accordance with OMB Circular No. A-87, Cost Principles for State and Local Governments. Specific services to be provided by the State/territory will be as described in the DSMOA. Auditing of State/territorial programs will be accomplished in accordance with OMB Circular No. A-128, Audits of State and Local Governments. DoD DASD(E) will invite State/territories to sign DSMOAs and submit applications for CAs. |
| Award Procedure |
| Reimbursement will be accomplished, using Federal procedures for CAs, with State/territories that have signed DSMOAs. Eligible activities are limited to those authorized for the Defense Environmental Restoration Program (DERP), and funded by the Defense Environmental Restoration Account (DERA), Sections 2701 et seq., of Title 10 U.S.C., and as specified in the DSMOA. In general, these activities will be centralized in the Office of the Deputy Assistant Secretary of Defense (Environment) with the assistance of the Army Corps of Engineers who will administer the program on a day to day basis. CAs will be awarded for a term of two years, based on annual estimate of requirements. Applications will be accepted after signature of the DSMOA by both parties; processing time for applications is expected to be two months. The Deputy Assistant Secretary of Defense (Environment) (DASD(E)) will approve the DMOSA, and the Corps of Engineers accept the application, review it, and make a decision as to the award. This CA agreement, when signed by the Head of the Agency signing on behalf of the State/territory, and approved by the Corps of engineers, comprises the contractual relationship between the DoD and the State/territory. States may request funds in accordance with the methods outlined in OMB Circular No. A-102 and 32 CFR 278. These documents provide for the following methods of payment: (1) Advances; and (2) Reimbursement; and a State may request either payment method in its cooperative agreement application. |
| Deadlines |
| For receipt of funds in any given year a complete application must be received by June 1. |
| Range of Approval/Disapproval Time |
| 30 to 60 days. |
| Appeals |
| For applications not approved, the Army Corps of Engineers (managing office of the program) will work with applicants to complete applications. |
| Renewals |
| None. |
| Formula and Matching Requirements |
| This program has no statutory formula. |
| Length and Time Phasing of Assistance |
| Two years. Annual budgets are prepared and reimbursement or advances are awarded on a quarterly basis. |
| Reports |
| Quarterly financial and technical reports by object class and installation. |
| Audits |
| In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," non federal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. |
| Records |
| Copies of State's expenditures by installations quarterly. |
| Account Identification |
| 96-8008-0-1-250. |
| Obligations |
| (Salaries and Expenses) FY 07 $1,700,000 FY 08 est not reported; and FY 09 est not reported. (Cooperative Agreements) FY 07 $41,844,600; FY 08 est not reported; and FY 09 est not reported. Note: No current information provided by Agency. |
| Range and Average of Financial Assistance |
| $104,000 to $11,400,000. |
| PROGRAM ACCOMPLISHMENTS |
| None. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| FR Vol. 54, No. 144, July 18, 1989 - 31358-31362 for detailed information on program. |
| Regional or Local Office |
| Not applicable. |
| Headquarters Office |
| Robert Lubbert, CEMP-RI, 20 Massachusetts Avenue, NW., Washington, DC 20314. Telephone: (202) 504-4950. |
| Web Site Address |
| http://www.usace.army.mil/business.html |
| RELATED PROGRAMS |
| None. |
| EXAMPLES OF FUNDED PROJECTS |
| Thirty eight States and 4 territories have entered into the program; 27 awards have been made. |
| CRITERIA FOR SELECTING PROPOSALS |
| (1) That the State/territory has DoD installations, currently owned by DoD that are being cleaned up under the Defense Environmental Restoration Program; (2) that the State/territory has entered into a DSMOA; (3) total project costs are under ceiling allowed for the CA, directly proportional to the amount; and (4) proposed work and work to be reimbursed is directly attributable to eligible DoD installations and not otherwise reimbursed by other Federal funding sources. |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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