§ 80.94 May a State fish and wildlife agency incur costs before the beginning of the period of performance?

(a) A State fish and wildlife agency may incur costs of a proposed project before the beginning of the period of performance (i.e., pre-award costs). However, the agency has no assurance that it will receive reimbursement until the Regional Director approves an award that incorporates a project statement demonstrating that the pre-award costs conform to all the conditions set forth in paragraph (b) of this section. (b) Pre-award costs must meet the following requirements: (1) The costs are necessary and reasonable for accomplishing the award objectives. (2) The Regional Director would have approved the costs if the State fish and wildlife agency incurred them during the period of performance. (3) The agency incurs these costs in anticipation of the award and in conformity with the negotiation of the award with the Regional Director. (4) The activities associated with the pre-award costs comply with all laws, regulations, and policies applicable to a grant-funded project. (5) The agency must: (i) Obtain the Regional Director's concurrence that the Service will be able to comply with the applicable laws, regulations, and policies before the agency starts work on the ground; and (ii) Provide the Service all the necessary information with enough lead time for the Service to comply with the applicable laws, regulations, and policies. (6) The agency must not complete the project before the beginning of the period of performance unless the Regional Director concurs that doing so is necessary to take advantage of temporary circumstances favorable to the project or to meet legal deadlines. An agency completes a project when it incurs all costs and finishes all work necessary to achieve the project objectives. (c) The agency can receive reimbursement for pre-award costs only after the beginning of the period of performance, and, for activities requiring compliance, only after the compliance is satisfied.