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of the partnership was to carry out a public purpose of improving air quality through the
reduction of diesel emissions rather than to procure goods or services for the direct
benefit of TDOT, further demonstrating a contract was not present in this case.
OIG Response 5: The OIG understands the truck stop and the TSE vendor
“partnership” concept. The paragraph was included in the background section to point
out that TDOT opened the RFA process to include vendor applicants.
3. The conclusion on page 13 of the report, which addresses the on-going relationship
between TDOT and the grantee TSE vendors, does not appear to address the direct
feedback provided by TDOT about its role in the project activities by each grantee. (See
item 4 in EPA’s August 6 memorandum highlighting the on-going relationship between
TDOT and the TSE vendor grantees.) TDOT indicated that the grantees did have
responsibility for programmatic decision-making, used the federal funds to carry out a
program of the organization (in this case the “TSE vendor/Truck Stop partnership”), and
had its performance measured against the objectives of the program. The OIG conclusion
acknowledges that the grantees were required to comply with the applicable Recovery
Act requirements established in the cooperative agreement, but then does not appear to
take these facts exhibiting the characteristics that are not indicative of a contract for
goods and services into consideration in the findings.
OIG Response 6: For the OIG response to the comment made regarding page 13 of
the draft report, see the OIG comments in the August 6, 2012, response to the OIG’s
July 19, 2012, position papers, Item 4 (appendix C).
The OIG disagrees with TDOT that the truck stop and TSE vendors made
programmatic decisions regarding the program (OMB Circular A-187 refers to
“program” as the “Federal” program). As such, TDOT made all programmatic
decisions. The truck stop and TSE vendors merely fulfilled their obligations under the
grant contracts. Additionally, the truck stop and TSE vendors did not use federal funds
to carry out a program of the organization. OMB Circular A-187 uses “organization”
to refer to an entity (i.e., the truck stop and TSE vendors in this instance). TDOT
carried out the project under a state program. The truck stop and TSE vendors did not
carry out their own programs. In addition, TDOT’s performance was measured against
the objectives of the federal program, not the truck stop and TSE vendors. TDOT
measured the truck stop and TSE vendors’ performance against TDOT’s grant
contract requirements.
Thank you for the opportunity to provide comments on this draft report. If you have any
questions on this response, please do not hesitate to contact Mr. Stuart Perry of my staff at 404-
562-8980 or via email at perry.stuart@epa.gov
Attachments (3)
13-R-0321 38