RULE §25.9 Expenditure Thresholds and Closeout Requirements


Published: 2015

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(a) Administrators must meet the expenditure threshold
requirements described in paragraphs (1) - (4) of this subsection:
  (1) Six-Month Threshold. An Environmental Assessment
that meets the requirements outlined in the environmental clearance
requirements of the Contract must be submitted to the Department within
six (6) months from the start date of the Contract;
  (2) Twenty-Month Threshold. To meet this requirement
the Administrator must have expended and submitted for reimbursement
to the Department at least thirty (30) percent of the total Colonia
Self-Help Center funds awarded within twenty (20) months from the
start date of the Contract;
  (3) Thirty-two-Month Threshold. To meet this requirement
the Administrator must have expended and submitted for reimbursement
to the Department at least sixty (60) percent of the total Colonia
Self-Help Center funds awarded within thirty-two (32) months from
the start date of the Contract; and
  (4) Forty-four-Month Threshold. To meet this requirement
the Administrator must have expended and submitted for reimbursement
to the Department at least ninety (90) percent of the total Colonia
Self-Help Center funds awarded within forty-four (44) months from
the start date of the Contract.
(b) For purposes of meeting a threshold, "expended
and submitted" means that a Draw request was received by the Department,
is complete, and all costs needed to meet a threshold are adequately
supported. The Department will not be liable for a threshold violation
if a Draw request is not received by the threshold date.
(c) The final Draw request and complete closeout documents
must be submitted no later than sixty (60) days after the Contract
end date. If closeout documents are late, the remaining Contract balance
may be subject to Deobligation as the Department's liability for such
costs will have expired. If an Administrator has reserved funds in
the project completion report for a final Draw request, the Administrator
has ninety (90) days after the Contract end date to submit the final
Draw request, with the exception of audit costs which may be reimbursed
upon submission of the final single audit.


Source Note: The provisions of this §25.9 adopted to be effective November 1, 2012, 37 TexReg 8500; amended to be effective August 3, 2014, 39 TexReg 5740