40 CFR §35.6600

1. (a)General. The recipient must conduct an administrative and technical review of each claim before EPA will consider funding these costs.
2. (b)Claims settlement. The recipient may incur costs (including legal, technical and administrative) to assess the merits of or to negotiate the settlement of a claim by or against the recipient under a contract, provided:
   1. (1)The claim arises from work within the scope of the Cooperative Agreement;
   2. (2)A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;
   3. (3)The costs are not incurred to prepare documentation that should be prepared by the contractor to support a claim against the recipient; and
   4. (4)The award official determines that there is a significant Federal interest in the issues involved in the claim.
3. (c)Claims defense. The recipient may incur costs (including legal, technical and administrative) to defend against a contractor claim for increased costs under a contract or to prosecute a claim to enforce a contract provided:
   1. (1)The claim arises from work within the scope of the Cooperative Agreement;
   2. (2)A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;
   3. (3)Settlement of the claim cannot occur without arbitration or litigation;
   4. (4)The claim does not result from the recipient's mismanagement;
   5. (5)The award official determines that there is a significant Federal interest in the issues involved in the claim; and
   6. (6)In the case of defending against a contractor claim, the claim does not result from the recipient's responsibility for the improper action of others.