SECTION 334.309. Reimbursable Costs

(a) The agency will utilize the reimbursable cost specifications, as outlined in §334.560 of this title (relating to Reimbursable Cost Specifications), to evaluate the reimbursability of claims related to the cleanup of leaking petroleum storage tank sites.

(b) No cost shall be reimbursed unless it is also an allowable cost under §334.308 of this title (relating to Allowable Costs and Restrictions on Allowable Costs).

(c) For reimbursements appropriate to be made under this subchapter, the amount reimbursed will be the lower of the invoiced amount or the line-item amount (adjusted for scope of work) for that activity specified in Subchapter M of this chapter (relating to Reimbursable Cost Specifications for the Petroleum Storage Tank Reimbursement Program). An exception to this subsection is made for items under Subchapter M of this chapter requiring bidding, where reimbursements requests are processed as described in Subchapter M of this chapter. For those activities that require pre-approval under §334.310(f) of this title (relating to Requirements for Eligibility), the agency may also, at its discretion, limit the amount reimbursed to the pre-approved amount.

(d) A cost is not reimbursable if a contractor fails to pay its subcontractors for subcontracted work or if there is a failure to perform the work claimed as technically required. The audit of reimbursable costs is addressed in §§334.530 - 334.535 of this title (relating to Purpose and Applicability of the Subchapter, Cooperation with Audit; False Submittals, Payments, Audits, Notice of Overpayment, and Objections to the Notice of Overpayment and Formal Petition for Hearing).

Source Note: The provisions of this 334.309 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective June 7, 1993, 18 TexReg 3293; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective October 22, 1997, 22 TexReg 10324; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532