Common use of Substantial Involvement Clause in Contracts

Substantial Involvement. 1. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities by the EPA Project Officer such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement may include reviewing financial and program performance reports, monitoring all reporting, record-keeping, and other program requirements. c. EPA may waive any of the provisions in Section III.B.1. at its own initiative or upon request by the CAR. EPA will provide waivers in writing. 2. Effects of EPA’s substantial involvement include: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any federal statute. b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable federal and state laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with EPA and the State. c. The CAR remains responsible for ensuring costs are allowable under 2 CFR Part 200, Subpart E.

Substantial Involvement. 1. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities by the EPA Project Officer such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement may include reviewing financial and program performance reports, monitoring all reporting, record-keeping, and other program requirements. c. EPA may waive any of the provisions in Section III.B.1. at its own initiative or upon request by the CAR. The EPA Project Officer will provide waivers in writing. 2. Effects of EPA’s substantial involvement include: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any federal statute. b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable federal and state laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with the EPA Project Officer and the State. c. The CAR remains responsible for ensuring costs are allowable under 2 CFR Part 200, Subpart E.