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AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM " .,> I I 'l -~ ./ .~,'1 AGREEMENT FUNDED UNDER THE CLEARWAT~ COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into as of the 1st day of October, 1988, by the CITY OF CLEARWATER, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "CITY., and COMMUNITY SERVICE FOUNDATION, as further identified in Appendix A, hereinafter referred to as the "PSA", and included the Appendices attached hereto. WHEREAS, the City has agreed with the United States Department of Housing and Urban Development to conduct a Community Development Program, hereinafter referred to as the "Program", with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act", and WHEREAS, the City of Clearwater Planning & Development Department, hereinafter called the "Department", will act in behalf of the City in conducting the Program, and WHEREAS, the PSA provides a program as identified in Appendix A of benefit to low and moderate income residents within the City of Clearwater and proposes to perform the work and carry out the specific services as identified in Appendix A hereinafter referred to as the "Project", and desires federal financial assistance through the City to effect this proposal, and WHEREAS, the City finds the project to be meritorious and in fulfillment of the purposes of the Act; THEREFORE, the parties agree as follows: 1. The PSA shall, in a satisfactory and proper manner as determined by the Department, conduct the Project outlined in Appendix A. 2. The term of this agreement shall commence on October 1, 1989, and terminate on September 30, 1990, unless earlier cancelled as provided herein. The agreement may be extended for up to one additional year upon the request of the PSA and the written authorization of the City Community Development Manager. The need and merit shall be at the determination of the Manager. The Department may issue written or oral instructions to clarify any other details or provisions of this Agreement. Such instruction must be within the intent of the project and not be of such nature to affect cost or period of performance. 3. The City representative with the PSA as regards conduct of services under this contract shall be the Community Development Manager and the PSA's services shall be carried out under the supervision of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds in accordance with the award to be paid with Community Development Funds included in Appendix B. Funds shall not be obligated when payment has been suspended or terminated pursuant to paragraph 19 hereof. Any funds which the Department determines were not properly expended shall be refunded to the City. 5. The PSA shall comply with the provisions of OMB Circular A-llO, provided in Appendix G, and with the provisions of OMB Circular 122, provided in Appendix H, or the appropriate successor documents of these documents. The PSA 10/1/89 Rev. 10/6/89 1 .. , -00 /=.") r i:r ~ '-.::: I ~ . I I PSA shall permit the City to audit the PSA's financial operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the Project are subject to review by the City. 6. All subcontractors under this agreement shall be approved by the City. 7. All purchases of consumable, capital equipment and services shall be in conformity with the Procurement Standards set forth in OMB Circular A-110, Attachment o. Accountability for project property and equipment shall be in accordance with the requirements therein set forth. 8. The City agrees to make payment of budgeted costs on a reimbursement basis. Requests for payment shall be as specified in Attachment B. No advance payments shall be made to the PSA. All costs and invoices for request for payment shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the agreement shall by clearly identified and readily accessible. Final request for reimbursement hereunder shall be submitted within 30 days after completion of all services to be performed by the PSA and the City shall not be responsible for payment of any charges, claims or demands hereunder not received within said thirty day period. 9. The PSA shall upon the expiration of this agreement transfer to the city any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. Program income funds are excluded from this provision or and are provided below. Program income funds shall be retained by the PSA so long as the activities that will be undertaken with the program income ~re the specific activities that meet the provisions of this agreement. These funds shall be adjusted by the City according to the principles described in paragraphs (b)(2)(i) and (ii) of Section 570.504 which states that: (1) Program income in the form of repayments to, or interest earned on a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the u.s. Treasury for the same activity. (2) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the u.S. Treasury. 10. The City shall retain custody upon termination this agreement of any and all property purchased with Community Development Funds. "Property" as used in this Paragraph shall meannonexpendable tangible property valued at $200 or more with a remaining life expectancy of one year or more. The PSA shall retain custody of property acquired with federal funds so long as the property is used for the purposes described in Appendix A. When no longer used for such purpose, the City shall assume custody of the property upon written notice to the PSA. Upon purchase and receipt of property, the PSA shall submit to the Department a Property Receiving Report. Stolen, lost or returned property shall be reported PSA 10/1/89 Rev. 10/6/89 2 - ......... T, I I . ~ or immediately upon termination of this agreement, the PSA shall submit in a Property Report a physical inventory of all property purchased with Community Development Funds. The report shall also contain a verification of the existence and current used and location of the property, and, if applicable, the continued need for the property. No real or personal property or custody thereof purchased with such funds shall be disposed of, transferred, assigned, or loaned by the PSA without prior written consent of the City. 11. For any real property under the PSA's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must; (1) Be used to meet one of the national objectives in Section 570.901 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (2) . Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the valued attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503..Q 12. Nothing in this agreement shall be construed to permit invasion of the privacy of individuals who are served by the project, nor shall this agreement be construed to require the PSA to publish or release information to third parties which would invade the privacy of such individuals. Information obtained by the Department as required by this agreement shall not be used or disclosed in such a way as to invade individual privacy and client relationships, unless Florida law pertaining to public records requires disclosure of said information. 13. The PSA shall obtain prior written approval by addendum to this agreement for any of the following changes: a. Substantial changes in the project work plan. b. Changes in any budget line item. 14. The PSA agrees to fully participate in the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to, quarterly (or more frequent) reports on progress toward the goals listed in Appendix A, periodic submission of data reports which will be used by the Department for inclusion in the Annual Grantee Performance Report, periodic monitoring visits by the Department for conformance with. this agreement, and continuing assessments of performance hereunder. PSA agrees to comply with evaluation and information requirements of the Department. A final report shall be submitted by the PSA within 30 days after the end of the contract term. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-110 or the appropriate successor document and in accordance with generally accepted accounting principals and standards where these principals and standards are not in conflict with A-110 or its successor. PSA agrees to modify or correct said systems in accordance with he City's requirements. PSA 10/1/89 3 , I I 16. PSA shall maintain such records and accounts as are deemed necessary by the city to assure a proper accounting for all project funds. All such records shall be available for audit, inspection or copying purposes at any time during normal business hours and as often as the City, HUD, and/or representatives of the Comptroller General of the United States, or other federal agency, may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits, supporting documents, statistical reports and client files. PSAwill comply wi th such additional requirements as to maintenance of records as the City may request in writing. In the event the PSA cannot continue to be responsible for maintenance of the records, then the City shall be so notified in order to take custody of the records. The city may, at any time, on written notice to the PSA take custody of any and all records established under this Agreement. 17. The PSA shall hold and save the City, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any persons or property resulting in whole or in part from the negligent performance or omission of any employee, agent or representative of the PSA. 18. The PSA shall not assign any interest in this Agreement without the prior written consent of the City. 19. The City may suspend, withhold, or terminate payment of the project, in whole or in part, for cause or convenience. Cause shall included the following: a. Use of funds that does not follow project guidelines. b. Failure to comply with any term or condition hereunder. c. Refusal to accept conditions imposed by BUD. d. Refusal to accept conditions imposed by the City. e. Submittal of reports which are incorrect or incomplete in any material respect. f. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of BUD funds necessary for continuation. g. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. If the City suspends payment, it shall advise the PSA and specify in writing the actions that must be taken as a condition precedent to the resumption of payment and specify a reasonable date for compliance. 20. Both parties will use their best efforts to ensure that services under this Agreement are provided so as to best meet the needs of residents with priority to those residents who reside in the Community Development target areas. The PSA shall make every effort to assure that a minimum of two-thirds of those persons receiving services hereunder are low and moderate income. 21. No person with responsibilities in the operation of the project will discriminate with respect to any project participant because of race, color, national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, PSA 10/1/89 Rev. 10/6/89 4 I I ~ I ., national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, national origin or sex, as set forth in Other Program Requirements in Appendix D, (CFR 570.601). 22. No resources provided through this Agreement shall be used to have the primary effect of advancing religion, nor shall any goods or services provided through this Agreement be provided in a pervasively sectarian manner, as required by the First Amendment of the Constitution of the United States. All activity under this Agreement shall be consistent with specific conditions for religious organizations as established by the United States Department of Housing and Urban Development. 23. . The PSA will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other identifiable ties. Prior to requesting any continued project funding beyond the term covered by this Agreement or for a new public services not covered by this Agreement, the PSA shall attempt to secure other local, state or federal funding and/or private funding for such project. The PSA will not as a result of receiving funding for the Project reduce its support for other similar services already being provided by the PSA in the area of its operation, and will, in fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA will not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governments. 24. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the BUD regulations issued pursuant thereto, attached hereto as Appendix E. 25. The PSA will comply with Equal Employment Opportunities Executive Order 11246, as amended, attached hereto as Appendix F. 26. The PSA will comply with applicable federal law and regulations, including but not limited to: National Environmental Policy Act of 1969; Flood Disaster Protection Act of 1973; HUD Implementation of the Lead-Based Paint Poisoning Prevention Act; Clean Air Act; Historic Preservation Requirements of P.L. 89-656 Archeological and Historic Preservation Act of 1974; Executive Order 11593; Architectural Barriers Act of 1968; Hatch Act; Federal Water Pollution Control Act; Federal Labor Standards provisions and the Davis-Bacon Act; The Civil Rights Act of 1964; National Flood Insurance Program; PSA 10/1/89 5 r ~ " I I all as amended from time to time and in effect during the term this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. COMMUNITY SERVICE FOUNDATION By LD/~A/~ Clv. ~ . resijenf Aa. "'----'.. '^J'\.. L-v\J\ ~ Secretary " CITY ~;/~ Ron H. Rabun City Manager By Rita Garvey Mayor-Commissioner Approved as to form & correctness: ATTEST: 0&~f.A<~'Q' .~grnd~~"'Gottdeau ::_ - ~ity'~~e.r:~..-- <__-: '-' -'. - /- - . oJ . .--~~ ~ .. ....-.,. ~ -. ./ /,". .." .' - " . - \.. - -; -' .... .- .r' _w...... - . PSA 10/1/89 6 I I Agency: Community Service Fndtn. Year: 1989 - 1990 APPENDIX A Identification of Aaencv and Snecific Services to be Provided AGENCY Name: Community Service Foundation Legal classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal Office: 111 South Garden Avenue, Clearwater, Florida 34616 Mailing Address: III South Garden Avenue, Clearwater, FL 34616 Agent: Charles D. Mann, Executive Director 813-461-7821 PROGRAM OF AGENCY The Community Service Foundation is a community based organization providing a broad range of services and advocacy on issues affecting community improvement, homelessness, and low and moderate income families and individuals. SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT The Community Service Foundation will continue to provide a Central Housing Assistance Service counseling and assistance program which includes the following elements: 1. Housing Placement 2. Rental Listings 3. Emergency Rental Assistance 4. Emergency Utility Assistance 5. Pinellas County Social Service Emergency Rent Checks 6. Referrals for Various Human Services 7. Fair Housing Education The Pinellas County Community Development Department is the LEAD AGENCY for all agencies funding the Central Housing Assistance Program of the Community Service Foundation for this Agreement. Specific program accomplishments and monitoring are as determined in further detail by the agreement between Pinellas County and the Community Service Foundation. Reports will be sent by the Community Service Foundation directly to the City, in addition to any report copies which are sent directly to Pinellas County. I I SCHEDULE All of the SPECIFIC SERVICES will be completed as determined by the agreement between Pinellas County and the Community Service Foundation and will be consistent with the time specified in the paragraph 2. of page 1 of this Agreement. I I Agency: Community Service Fndtn. Year: 1989 - 1990 APPENDIX B Proiect Award Funding by the City of up to $39,300.00 will be provided for operating support, including personnel, equipment and supplies, and other operating expenses. TOTAL $39,300.00 I I APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests will be submitted to the Pinellas County Community Development Department. The Pinellas County Community Development Department will disburse the full appropriate payment and will in turn request of and receive from the City the appropriate pro-rata share. All requests for reimbursement shall be supported by proper invoices, payrolls, checks, receipts, and other documentation as requested. Any program income shall be submitted to Pinellas County who will forward the pro-rata share to the CITY through the DEPARTMENT at least Quarterlv. Fees collected.. if any, shall be reported but are not to be construed as program income. Requests for reimbursement shall not be reduced by any program income received. " ." "." ....i.. ~I" SUbpllrt K-Dther Progrllm Requlrementa I 570.600 Gell')Cral (0) Section l04(b) tr the Act provides thot an)' grant under ~ection 106 of the Act shall be rr. .c' nly if the gronlee certifies to the suliduclion 01 the Secreta'ry. among other things. thol the grQnl "willlie.conducled ond administered in conlormity WiUI rub. L B8-352 and Pub, L. OO-2~," and. further, thol the granlee "will comply with the olher provisions of this title and with other applicable laws." SectioD 10-l[d)(1) of the Act requires thai the Secretary dt:terminc with respect to grants made pursuant to scction 100(b) [Entitlement Grants)and106[d)[2)(B) (HUD- Administered Small Cities Grants). at least on an annual basis, among other things. "whether the grantee has carried outpts) certifications in compliance with the requirements and the primary objectives of this title and with other applicable laws' . . ." Certain other statutes are expressly made applicable 10 activities assisted under the Act by the Act itself. while other laws not referrcdlo in the Act IDay be applicable to such activities by their own terms. Cerlain statutes or Executive Orders which IDay ue applic.oble to activities assisted under the Act by their own terms are administered or enforced by governmental departroenu or agencies other than the Secretary or the DcpartmenL This Subpart K enumerates laws which the Secretary wiD treat as applicable to grants made under section 106 of the Act, other than grants \0 ) APPENDIX D OTJER PROGRA}1 REQUlRE~lliNTS States made pursuant to section l06{d) of lhe Acl. for purposes or the delermination! descriued above to ue made hy the Secretary under section l04(d)(1J or the Act. including statutes cxpressly mode applicable hy the Act Bnd certBin other stBtules IInd Executive Orden for which the Secretary has enforcement responsibility. The absence of mention herein of Dny other stBtute . for which the Secretory docs not hove direct enforcement responsibility is not intended to be token as Bn indicotion Ihal. in the Secrelary's opinion. such statute or Executive Order Is nol spplicable to Bctivilies ossisted under Ihe Acl. For lows which the Secretory will treat BS applicable to grants mBde to Statcs under section l00[d) of the Acl for purposes of the determino tion required to be made by the Secretory pursuontto section 104[d)[2) of the Act, see ~ 570.496. (b) This Subpart also sets forth certain additional progrBm requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) in addition to grants made pursuant to section 100(b) Ilnd 100(d)(2)(B) of the Act [Subparts 0 and F of this Part. respecti)'ely), the . reouirements of this Subpart K are applicable to grantsIDade pursuanlto sections 107 and 119 of the Act (Subparts E and G, respectively). ~ 570,601 Pub. L 88-352 and Pub. L !to- 284; Executive Order 11063- Section 10-l(b) of the Act provides that any grant under section 100 of the Act shall be made only if the granlee ce'rtifies to the I>a tisfaction of the Secretary that the grant "will be conducled and administered in conformity with Pub. L ~52 and Pub. L. 90-284." Similarlv. section 107 provides that no gr~rit IDa)' be made D-l I \ under thBt teclion (Secretary'. DiscretionBry Fund) or eection l1Q (UDAG) v.'ithout tatisfaclory assurance, to' the same effect. [a) "Pub. L ~52" relerl \0 Tille VI of the Civil Rlghts Act 011004 [42 U.S.C, 2000d' el leq.), ,,'hich provides Ulat no person In the United Stotes sholl on the ground of rBce, color. or notional origin, be excluded Irom porticipntion In, be denied the benefits nf. or be suujected to discrimination under any program or actlvlly receiving Federal financial o,sislanca.Section 502 of the Civil Rights Acl of 10(}.4 wrcc18 eBch Federal depnrtment nnd agcncy empowered to extend Federal finoncialassislonce to any program or activit)' by way of granl to effectuate the foregoing prohiuilion by issuing rules. regulalions. or orders of general opp\lcobility which sholl be consistent wilh achievement or the .. stolule authoriLiIlB the financial assistance. HUO regulollons implementing the requirements of Tille VI with respect to HUn progrom' are. contained in 24 crn Parl1. (b) "Pub. L 90-2.lH" relers 10 Title VI1I of the,Civil Righls Act of 1968[42 U,S.C. 3GOl el Geq.), popularly known as the Fair Housing Act. which providc, that il is the policy of the United Stales to provide. v.'ithin constitutional limitaLions. for fair housing throughout the United States and prohibits nny person from discriminating in the sale or rental of housing, the flOancing of housing. or the provision of brokerage services. Including in any we)' making unavailable or denying a dwelling 10 any.person. because of race. color. religion, sex. or national origin, Title VIJI further requires the Secreta!)' to administer the programs and Bctivities relating to housing and urban developmentln a manner affirmatively 10 further the purposes of Tille VllI. Pursuanlto this statutory direction. the Secretary requires that grantee' sdminister all programs and actiyities " I relaled to housing and community de\'elopm~nt in e manner 10 affirrnulively lurlher Illir housing. (c) Execulive Order 11003. as nmended by Executive Order 12259. directs the Deparlmentlo luke all ;!ction necessary end uppropriale to prevenl discriminotion because of race. color. religion (creed). sex. or national origin. in the sale. leasing. renlal. or other disposition 01 residentiul properly and reluted facilities (including land 10 be developed for residenlial use). or in the use or occupa ncy thereof. if such properly and relnted lucilities ore. umong other things. provided in whole or in part with the aid of lonns. iJdvnnces, grants, or cuntrihulions II Rrce\i.to be made by Ihe Federal Government. HUD rcgulalions implementing Execulive Order 11003 are conlained in 24 CFR Part 107. ~ 570.602 Soctlon 109 ollh. Act. (n) Section 109 of Ihe Act requires that no person in the United Slales shall on the ground of race. color, national origin or sex. be excluded from participation in. be denied the benefits of. or be subjected to discriminalion under. any program or activity funded in whole or in part with community development funds made available pursuant to the At:t. For purposes of this section "program or activit,.-' is defined as any lunction conducted by an identifiable administrative unit of the recipient. or by any unit of governme~t, ~ubrecipient. or private conlractor receiving community development funds or lonns from the recipient. "Funded in whole or in pari with community dev.elcpment funds' means thai community development funds in a:1Y amount in the form 01 grants or proceeds from BUD' guaranteed loans have beeD..transferred by the recipient or a subrecipientto an idenlifi&ble administrative unit and disbursed in a program ;:;r acth'ity. (b) SpeCific discriminatory actions prohibl/ed and correcti\'e actions. . (1) A recipient may not, under any program or activity 10 .....hich the -'\ regulations of this Pari may apply directly or throufh contractual or other IIrrangrmcnts, on the ground o[ race. color. national origin. or 8ex: (i] Deny allY facilities. scrvices, [innncial /lid or other benefits pro\'ided under the progrum or activity. (ii) Provide ony fncilities. 8ervices. financialnid or other bendit8 .....hich ore different. ur ure provided in II different form Irom thut provided 10 others under the program or octivity. (iii) Subject 10 se.gregated or 8epornte trentment in ony fucility in. or in OilY mailer of proccss relnt~d to receipt of any Bervice or benefit under the program or oclivity. (iv) Restrict in any woy access \0. or in Ihe enjoyment of any advantage or privilege enjoyed by others in connection with facilities. services. financial aid or other benefits under the program or Bctivity. [v) Treat an individual differently from others in determining whcther the individual Ba tisfies any odmission. enrollmcnt. eligibility. membership, or other requirement or condition which the individual must mect in order to be provided any [acilities. services or other benefit pro\'ided under the program or activi:v. (vi) Deny an opportunity to participate in a progr&m or activity as ao employee. (2) A recipient may not utilize criteria or methods of administration which ha ve the effect of subjecting individuals to discrimina tion on the basis of race. color. national origin. or sex. or have the effect of defcating or substantially impairing accomplishment o[ the objectives of the program or activity with respect to individuals of a particular race. color. national origin. or sex. (3) ^ recipient. in determining the site or localion of housing or facilitics provided in whole or in part wilh funds under this part. may not make selections of such site or locn tion which have the effect of excluding individuals from. denying them the benefits of. or . subjecting them to discrimination on the 'B-2 J ....'\ ground 01 race. clllor. national erigin, or sex: or which hAve the purpo~e or effect 01 dcfcutinR or substuntia\ly impuiring Ihe acr.uOlplishmenl of the objectives cl the Act and 01 this seCtion. (4)li} In odministcring 8 program or activity funded in whole or in pnrt with CD~C funds rcgnrding which the recipient hns pre\'iously discriminotcd ogainst pcrsons on the ground 01 race, color. no tionul origin or sex. the recipient mustloke offirmotive action to overcomc the effects of prior di~criminntion. (ii) Evcn in the absence of such prior discrimination, a recipient in administering a progrnm or activity lunded in whole or in part with CODC lunds should tuke affirmativc action to overcomc the effects of conditions which would otherwise result in limiting participntiun by persons of a parlit:ular race. color, national origin or sex. Where previous discriminatory praclice or uSllge tends. on the ground of race. color. nalional origin or scx, to exclude individuals from participation in. to deny them thc benefits of. or to subjecl them to discrimination under any program or activity to which this pari applies. the recipienfhas an oblig<:tion 10 take reasonable action to remove or overcome the consequences of the prior discrimina tory prl:lctice or usage, end \0 accomplish the purpose 01 the Act. (iii) A rccipient shall not be prohibited by this part from taking any action eligible under Subpart C to ameliorate an imbalance in services or facilities provided to any geographic area or spccific group of persons within its jurisdiclion, where the purpose of such action in to overcome prior discriminatory practice or usage. (5) Notwithstanding anything to the contrary in this section. nothing contained herein shall be construed to prohibit any r~cjpient from maintaining or conslructing separate living facililie~ or rest room facilities for the different scxes. Furlhermore. selectivity on the basis of scx ia not prohibited when inslitutional or cllstodial services can ," " '1 APPENDIX E SECTIOH 3 CLAUSE I I TIlE FULLO'WING SECTION 3 CLAUSE SHALL 13E INCLUDED IN ALL CONTRACTS FUR 'WORK IN CONNECTION 'WITH A SECTION 3 PROJECT: A. The ....ork to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the l~partment of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, l2 V.S.C. l70u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for ....ork in connection with the project be awarded to business concerns ....hich are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract \.Jill comply ....ith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of \lousing and Urban Development set forth in 2~ CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this cont ract. The parties to this contract certify and agree that they are under no contractural or other disability ....hich would prevent them from complying ....ith these requirements. C. The contractor ....ill send to each labor organization or representative of ....orkers.....ith ....hich he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization of ....orkers. representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor \.Jill include this Section 3 Clause in every subcontract for ....ork in connectiqn ....ith the project and ....ill, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor ....ill not subcontract ....ith any subcontractor where it has notice or kno....ledge that the latter has been found in violation 'of regulations under 24 CFR, and ....ill not let any subcontract unless the subcontractor has first provided it ....ith a preliminary statement of ability to comply ....ith the requirements 0 f these regulations. E. Compliance ....ith the provisions of Section 3, the regulations set forth in 24 eFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Feder!l financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, ~nd assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and sub- contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through ....hich Federal assistance is provided, and to such sanctions as are specified by 2~ CFR l35. E-l APPENDIX F NOTICE 01 ._"QUlREMENT FOR JJTIR"V\TlVE ACTI TO ENSURE EQUAL DiPLOYMENT OPPORTUNI TY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal EquAl Employment Opportunity Construc- tion Contract Specifications~ set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all const-~ction work in the covered area, are as follows: A. Goals for Female Utilization, ~11 Trades: AREA COVERED Goals for Women apply nationwide. GOALS AND 'TI1"l.ETABLES TiJnetable Goals (percent) F:::-om Apr. 1, 1978 until 1-1ar. 31, 1979.... 3.1 From A p:::-. 1, 1979 until Mar. 31, 1980.... 5.1 From Apr. 1, 1980 until Ha:::-. 31, 1981. . . . 6.9 B. Goals for P~noritv U~lization: TA.'1PA-ST. PETEP..5BURG, FLA., AREA Area covered: P~llsborough, Pasco, and Pi~el1as Counties, Fla. Goals and TiJnetablesl Trade Goal (pe:::-cen t) . All. . . . . . . . . . . . . . . . . . . . . . _ . . . 17.9 lFor the life of the project. ~nese goals are applicable to all the Contractor's const-~ction work (whether or not it is Federal or federally assisted) performed in the covered area. ~e Contractor's co~pliance wi~ the Exec~~ve Order and ~~e regulations in 41 C?R Part 60-4 shall be based on its i~pleroentation of the Equal Opportunity Clause, specific affi:::-mative action obligations recruired by F-l the specifications ~et: forL~ in on CFR 60-4.3 (a), at'-- 'ts efforts to :rleet the goals established for the geographical area ....he. t.'1e conuact resulting from this solicitation is to be performed. The hoc=s of minority and fe~le employment and training must be substantially ~~iform throughout the length of the contract, and in each uade, and the contractor shall !:lake a good faiL~ effort to employ minorities and ....omen evenly on each of its projects. The transfer of minori t:y or female employees or trainees from Contractor to Contractor or from project to project for t.~e sole purpose 0f meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance ....ith L~e goals ....ill be measured against the total ~ork hours performed. 3. The Contractor sha.ll provide \.-ri tten notification to the Director 0: the Office of Federal Contract Compliance programs ....ithin 10 ....orking days of award of any constrUction subcontract in excesS of $10,000 at any tier for constrUction work under the contract resulting from u)is solicitation. The notification shall list t.'1e name, address and telephone number of the subcontractor; employer identification number; estiu~ted dollar amount of the subcontract; estimated starting and completion cates of the subcontractl and the geographical area in ....hich the contract is to be perfo~ed. 4. 1'.5 used in this Notice, and in the contract resulting from this solici ta tion,. the "covered area" is pinellas County, Florida. 60-4.3 (a) EQUAL OPPORTm~ITY CLAUSE During the performance of this contract, the contractor agrees as follo....s: 1. Tne contractor will not discriminate against any employee or applicant for emplo~ent because of race, color, religion, sex, or national origin. Tne contractor will U0~e affirmat~ve a~tion to ensure that applicants are employed, and that employees are treated during employment ....iL'out regard to their race, color, religion, sex, or national origin. Such action shall include, ~ut not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitroent advertising; layoff or terminatipn, rates of payor other fo~s of comper.sation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees anc applicantS for employ- ment, notices to be provided setting forth the provisions of this non- discrimination clause. 2. The contractoF will, in all solicitatio~.5 or advertiseDents for employees placed by or on behalf of the contractor, state L,at all oualified - .. applicants will receive consideration for eID?loyment ~ithout regard to . race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargainir.g agreement or other con~act or ~derstanding, a notice to be provided advising the said labor union or workers' representatives of the.contractor's co~tments under this section, and shall post copies of L~e notice in conspicuous places avail- able to employees and applicants for employment. F-2 c \ The cont.=act.or \o,'ill .I....~~?ly ....i.t..'1 all provisions of Exel. _ive Orcer 11246 of Septe.mber 24, 196 , and of the rules , regulations ;andrelevan t orders of t:..'1e Secretary of Labor. " 5. The contractor ~i11 furnish all information and reports reqcired by Executi ve Order 11246 of Septerrber 2.4, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant L"lereto, and ~i11 permi t access to his books, records, and accounts by the a~~nistering agency and the Secretary of Labor for purposes of investi9ation to ascertain compliance ~i th such rules, regula tions, and orders. 6. In the event of the con tractor I s non-compliance ~i 1:h the nondiscrimination clauses of this contract or ~itb any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in ~hole or in part and the contractor may be declared ineligible for further GovermDent contracts or federally assisted constrUction contracts in accordance ~ith procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by la~. 7. l"'le contractor ~ill include the portion of the sen1:ence iI=nedia tely preceding paragraph (1) and the provis ions of paraqrapr-.s (1) t:..l-:.rough (7) in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary .of Labor issued pursuant to section 204 of E,xecutive Order 11246 of September 24, 1965, so that such p:::ovisions ~ill be bineing upon each subcontractor or vendor. The contractor ~ill take such action ~ith respect to any subcontract or purchase order as t.'1e ?-dministering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, That in t~)e even~ a contractor :becomes involved in, or is threatened ~ith, litigation ~ith a ~ubcont.ractor or veneor as a result of such direction by the administering agency, the contractor may request ~)e United States to enter into such litigation to protect the interests of ~)e United States. ST.~ID;'..RD FEDERJl.L EQUAL EHPLOYM.....'l:"NT OPPORTUNITY CONSTRUCTION CONTRACT SPECI.FI CATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area n means the geographical area described in the solici ta.- tion from which this contract resulted. b. "Director" means Director, Office. of Federal Contract Compliahce Progral!',s, Oni ted States Department of Labor, or any person to .....hom the Director delegates authority. c. "Er:.?loyer identifica tion nt:rr.ber" meaI'.s the Fecleral Social Security nt.llI'ber used on t..l)e En:ployer' s Quarterly Federal Tax Re turn, O. S. Treastl...ry Depar::ment Fo:::-m 941.. d. "l-'.i.nority" includes: F-3 .... \ (1) Black (all plrsons having origins in any of ~~ Black hfrican racial groups not of Hispanic originri (2) Hispanic (all persons of Mexic~, Puerto JU.can, Cuban, Central or South American or other Spanish Culture or origin, regarcless of race) I (3) Asian and Pacific Islander (ell persons having origins in any of the original peoples of t.he fll.r l:ast, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) i and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of Nortl1 America and maintaining identifiable tribal affiliations through member- ship and participation or communi t:y identi:Eica tion) . 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the .....ork involving any construction tr.~de, it shall physically include in each subcontract in excess of $10,000 the .provi- .5fons of .these specifications and the Notice ....hich contains the ?--p- pllcable goals for minority and female participation and ....hich is set forth in the solicitations from ....hich this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometo~_Plan a~proved by L~e O. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all ....ork in the Plan area (including goals and timetables) shall be in accordance ....ith that Plan for those trades ~hich have unions participating in the Plan. Contractors must be able to demonstrate their participation in and ccmpliance ....iL~ the provisions of any such Hometo~~ Plan. Each Contract.or or Subcont=actor participating in an approved Plan is individually required to comply ....i th its obligations under .the EEO clause, and to make a good fait.~ e'ffort to achieve each goal under the Plan in each trade in ....hich it has employees. ~ne overall good faith perfo~nce by o~~er Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and time- table. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs ?a through p of these specifications. The goals set forth in the solicitation from ....hich this cont=act resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Con~actor should reasonabiy be able to achieve in each const--uction trade in'~ich 'it has employees in the covered area. The Contractor is expected to make substantially unifo~ progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor tbe failure by a Q~ion with whom G~e Contractor has a collective bar~aining agreement, to refer either minorities or ....omE..l1 shall excuse tl1e Contrac- tor I s obliga tioI'.s under these specifica tiorls , Executive Order 11246, or the re~~lations promulgated pursuant thereto. F-4 .6.. 01... orde~ ':'2:: ~-Je :;C;i'",'C=/',.~;-:r; ~:d':":~':'r'9 .~~"~S C~ clrr;""~;"_"":""~:::'> c...;....;. __<.~_..'''':'-':J to be counted in meeti". t..'1e goals, such apprentices ~nd t..::ainees must. be employed by the C~~ ~ctor during the training pe~iol and the Contracto.::- must have Jade a commit.lnent to employ the apt,rent.ices and trainees at the completion of their training, subject to the avail~il- ity of employment opportunities. - Trainees must be trained pursuant to training programs Approved by the U. S. Department of Labor. 7. The Con tractor shall take specific affinnati ve actions to ensure equal employment opportunity. Th.e evaluation of the Contractor's compliance .....ith these si..ecifications. shall be based upon its effort to achieve maximum resul ts from its actions. TIle Contractor shall documen t thes e efforts fully, and shall implement affirmative action steps at least as extensive as the follo.....ing: a. Ensure and maintain a .....orking environment free of harrassment, intimidation, and coercion at all sites, and in all facilities at .....hich the Contractor's employees are assigned to .....ork. The Contractor, .....here possible, .....ill assign two or more......omen to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are a.....a=e of and carry out the Contractor's obligation to maintain such a .....orking environment, .....ith specific attention to minority or female individuals .....orking at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide .....ritten notification to minority and female recruitment sources and to community organizations .....hen the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' response~. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recrui~ent source or community organization and of .....hat 'action .....as taken .....ith respect to each such individual. If such individual .....as sent to t..~e union hiring hall for referral and was not referred back to t..~e Contractor by t..~e union or, if referred, not employed by the Contractor, this shall be documented in the file .....ith the reason therefor, along .....ith whatever additional actions the Contractor may have taken. "I d. Provide immediate .....ritten notification to the Director when the union or unions .....ith .....hich the Cont.:'actor has a collective bargaining ag~eement has not referred to the Contractor a minority person or .....oman sent by the Contractor, or when the Contractor has other infonna tion tha t the t:..'1ion referral process has impeded ..the Con~actor's efforts to meet its obligations. e. Develop on-the-job training opportu..'1ities and/or participate in training programs for the area ":'hich expressly include minorities and .....omen, including upgrading programs and appre:nticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Depa=tment of Labor. The Contractor shall provide notice of t.hese programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by provic,ing notice of the policy to unions and training programs and requesting ~~eir coopera- tion in assisting the Contractor in I;leeting i t..s EEO obligations; by including it in any policy ~~nual and collective bargaining agreement; by F-5 I , \ .I publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by pas dng ilie company EEO policy on bulle tin boards access ible to all employees at each location where consu~ction work is performed. g. Review, at least annually, the company's EEO l~licy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termina- tion or other employment decisions including specific review of these items wid. onsite supervisory personnel such as Superintendents, General Foremen, e tc., prior' to the ini tia tion ot cons truction work at any job site. A written record shall be m.a.de and maintained iden titying the time and place of these mee tings, persons attending, subject n.atter discussed, and disposition of .the subject matter. h. Disseminate the Contractor's EEO paliC)' exten~ally by including it in any -:dvertising in the news media, specifically including minority and female news media, and providing written notification to and dis.:ussingthe Contractor I s EEO policy .....i th oilier Contrac- tqrs and Subcontractors with .....hom 't..'1e Contractor does or antici- pates doing business. i. Direct its recrui bDent efforts, both oral and wri tten, to minority, female and community organizations, to schools with minority and female students and to minority and temale recruitoent and training organizations serving the Contractor's rec=uitment area and employ- ment needs~ Not later than one month prior to the date for the ac=eptance of applications for apprenticeship or other training by any rec=uitment source, the Contractor shall send written notification to organizations such as the above describing t..~e openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site"and in other areas of a Contractor's workforce. J'"' k. validate all tests and other selection requirements where L~ere is an obligation to do so ~~der.41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of of all minority and female personnel for prorr~tional opportunities and encourage these employees to seek or to p:::-epare for, t.hrough ap?ropriate training, et=., such o?portu.:~ities m. E:nsure that seniori ty practices, job classifications, work assign- ments and other personnel practices, do not tiave a discriJ:ci.:1a tory effect by continually =ni toring all personne,l a:1d employment related activities to ensure iliat the E:::O p:Jlicy and the Contrac-cor's F-6 obligations unde) these specifications are being ,t .cied out. n. Ensure that all facilities and company activities are non- segrated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexeS. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female constr~ction contractors and suppliers, including circulation of solici ta tions to minority and female contractor associations ~~d other business associa tions . p. Conduct a revie...., at least annually, of all supE~rvisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations ....hich assist in fulfilling one or wore of their aff:~rmative action obligations (7a through p). The efforts of a contr;actor association, 'joint contractor-union, contractor-community, or other similar group of ....hich the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under 7a through P of these Specifications provided that the contractor actively partic- ipates jn w~e group, makes every effort to assure that the group has a positive impact on the employment of minorities and ....owen in the indust-']', ensures that the concrete benefi ts of the program are reflected in the Contractor's minority and female ....orkforce partic- ipation, makes a good faith effort to meet its individual goals and timetables, and can provide accesS to documentation ....hich demonstrates the effective~ess of actions taken on behalf of the Contractor. Tne obligation to comply, ho....ever, i~ the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for ....omen have been established. The Contractor, ho....ever, is re~lired to provide equal elIlp2..oyment opportunity and to take a::firm? ti 'Ie ac::.ion for all minority gToups, both male and fer.3.le, and all ....omen, both minority and non-minority. Consequently, t.'<1e Contractor may be in violation of the EY.ecutive Order if a particular group is employed in a substan- tially disparate manner (for example, even though the Contractor has achieved its goals for. ....omen generally, the Contractor Ir.ay be in violation of the Executive Order if a specific minority group 0;' ....omen is underutilized). 10_ The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract ....ib~ any person or fir:n debar:::ed from Government contracts pursu.ar..t to Executive Ord~.:l;" 11246. F-7 " 12. The Conaactor ShJl.L carry out such sanctions and JI ",1 ties for violation of these specifications and of the Equal~pportunity Clause, -including suspension, termination and ~ancellation of existing sub- contrac~ as may be imposed or ordered pursuant to Executive Order 11246, a6 amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Conaactor who fails to carry out such sanctions and penal ties shall be in violation of these spec i fica tions and Executi ve Order 11246, ~.s amended. 13. The Contractor, in fulfilling i t:3 obligations under these specifica tions, shall implement specific affirmative action steps, at least as exten- sive as those standards prescribed in paragraph "] of these specifica- tions, so as to achieve maximum results from i.~ efforts to ensure equal employment opportuni ty. If the Contractor fails to comply wi th the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance wiL~ 41 crR 60-4.8. 14. The Contractor shall designate a responsible official to ~nitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, constrUction trade, uni'on affiliation if any, employee identification number when assigned, social sec~Iity number, race, sex, s-r:a tllS (e. g., mechanic, apprentice, trainee., helper, or laborer), dates of changes in status, hours worked per wee~ in the indicated trade, rate 0 f pey, and locations at which the work .;as performed. Records shall be -maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to rr,ain-r:ain separate records. 15. Nothing herein provided shall be const::-ued as a limitation upon the application of other laws which establish di=fe:rent standards of . compliance or upon the application of requirements for t..~e hiring of local or other area resicients (e.g., those uncier t..'1e Public \-Iorks Employment Act of 1977 anci'the Comro~~ity Development Block Grant program) . . F-8 '\ I APPENDIX G OMB Circular A-110 .I .. I .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND BUDGET IClrcular No. A-IIO] GRANTS AND AGREEMENTS WITH INSTI- TUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS Uniform Administrative Requirements JULY 1, 1976. To the heads of executive departments and establishments. Subject: Untform administrative re- Quirements for gTants and other agree- ments with Institutions of hizher edu- cation, hospitals. and other nonprofl t organtzatlons 1. Purposc.-This Circular' promul- gates standards for obtaining consisten- cy and uniformity among Federal agen- cies in the administration of grants to, and other agreements with. public and private Institutions of higher education, pUblic and private hospitals, and other Quasi-public and private nonprofit or- ganizations. This Circull1.r docs not apply to grants. contracts, or other agreements . between .the Federal Government and units of State or local governments covered by Federal Management Cir- cular 74-7. 2, EOective date.-The standards in the attachments to this Circular v,'ill be applied as soon as practicable but not later than January 1. 1977. 3. Supersession.-This Circular res- clnds and replaces parts III and IV of the Appendix to Federal Management Circular 73-7, Admlnlstration of college and university research grants. 4. Policy intent.-The uniform stand- ards and requirements included in' the attachments to this Circular replace the varying and often conflicting require- ments that have been Imposed b~' Fed- eral agencies as conditions of grants and other ag~eements with recipients. 5, Applicability and. scopc.-Except as provided belo'w. the standsrds promul- gated by this Circular are applicable to all Federal agencies. If any statue ex- pressly prescribes policies b~ specific re- Quirements tha.t dilIer from the stand- ards provided herein, the provisions of the statute shAlJ govern. The provisions of the attachments of this Circwar shall be applied to subre- clpients performing substantive work under gTants that are passed through or av.'arded by the primary recipient if such subreciplents are organizations de- scribed In paragraph 1. 6. Definitions. a. The term "grant" means monev or property provided in lieu of money paid or furnished by the Federal Government to recipients under programs that pro- vide financial assistance or that prOVide support or stimulation to' accomplish a public purpose. The term "other agree- ments" does not include contracts which are required to be entered into and ad- ministered under procurement laws and regulations. Grants and other agree- ments exclude (a) technical a.ssistance ~;~:r_a_~.s. which provide services instead general revenue sharing, loans, 10U1 gUl1.rantees, or insurance. and (cl direct pa)'ll1ents of any kind to individuals. b. The term "recipient" includes the following types of nonprofi I, or~aniza- lions that are receiving Federal funds from a Federal B~ency or through B State or local government: Public and private institutions of high- er education: public and pri\'atc hos- pitals; and other Quasi-public and pri. vate nonprofit or~ani7,ations such as (but not limited to) community ;l.ction agen- cies. research Institutes. educational as- sociations, and health ccntcrs. The term does not Include foreign or interna tional organizations (such as agencies of the United Nations) and Govcrnment-owned contractor operated facilities or research centers providing continued support for mission-oriented, large scale programs that are Govern- mcnt-owned or controlled. or are dee, signed as federally-funded research and development centers. 7. Requests for cxccptions.-Thc Office of Management and Budget may grant. exceptions from the requirements of this Circular when exceptions are not pro- hibited under existing Jaws. However, In the Interest of maximum uniformity, exceptions from the re- Quirements of the Circular V!ill be per- mitted onlv In unusual cases. Agencies may apply "more restrictive requirements to a class of recipients 'll:hen approved by the Office of Management and Budget. 8. Att~hments.-The standards pro- mulgated by this Circular are set forth in the Attachments, which are: Attachment A Cash "depositories. Attachment B Bonding and Insurance. Attachment C Retention I\nd custodial re- quirements tor records. Attachmen.t. D Pr~ram Income. Attachment E Cost shlU'lng and ml\t<:blng. Attl\Chment F Standards tor financial man- agement systems. Attachment G Flnancll\l reporting require- ments. Attachment H Monitoring and reportlng program pertormlLJlce. Att.n.chment I Payment requirements. Attachment J Revision ot finnnclal plans. Atta.chmen.t. K Closeout procedures. Attl\chment L S.uspenslon and termination procedures. Attachment M Standard torm lor applying tor tederal assistance. Att:<chment 1'1 Property manBgement stand- ards. Attachment 0 Procurement standards. 9. Exception.s far certain recipicn.is.- Notwithst.a.ndlng the provisions of para- graph 7 if an applicant/recipient has a history of poor performance. is not fi- nancially stable, or tts management sys- tem does not meet the standards pre- scribed in the Circular, Federal agencies may impose additional requirements as needed provided that such applicant/ recipient is notified in writing as to: a. Why the additional standards are being imposed: b. what corrective action is needed. Copies of such notifications shall be sent to the Office of Management and Budget and other agencies funding that recipient at the same time the reclpient :_ _ _l;r. ~~~ 10. Rcsponsibilitics.-Agencies respon- sible for administering programs Ulat in- volve grants and other agreements with redplents shall issue the appropriate regulallons necessary to implement the provisions of this Circular. All portions of such regulations that involve record- keeping and/or reporting requirements subject to the provisions of the Federal Reports Act and OMB Circular A-40 must be submitted to OMD for clearance before being introduced into use. Upon . request all regulations and instructiom implementing this Circular shall be furnished to tIle Office of Management and Budget. Agencies shall also desig- nate an official to serve as the agency represen ta tive on ma tters rela ting to the !mplementalion of this Circular. TIle name and lltle of such representative shall be furnL~hed to the Office of Man- :J.gcmcnt and Budget not later than Au- gust 30, 1976. 11. lnquiries.-Purther information concerning this Circular may be obtained by contracting the Financial Manage- ment Branch, Budget Review Division, Office of Management and Budget, Washington, D.C. 20503. telephune 395- 3993. JAMES T. LYNN, Director. A-rrACHMENT A.-CIRCULAn No. A-IIO CASH DE'r'OSITORtE& 1. This attachment sets 10l'th stl\ndards governing the use 01 banks and other In- stitutions "-S c1eposltorles 01 lunds "cjvanced u~,der grants and other agreements. 2. Except 10r sltul\tlons described In parll- graphs 3, 4. and 5, no Federa' sponsoring agency shall: ... Require physical segreglltlon o( cnsh de- positories lor lunds ",'hlch are provided to a re,:lpleIlJt. b. Establish nny eligibility requlr.ements lor cash deposltorle.s lor tunds ....hlch are pro- vided to a reCipient. '. 3. f. separal.e ol\nk a"count shall be require ",'hen applicable let.ter-ol-credl t agree men ts provIde that drawdowns ""111 be mr.de ....hen the recIpient's checks are presented 10 the b,.nk lor pl\yment. 4. Any moneys advnnced to n recipient v.'hlch are subject. to th~ contrt-l... or regula- '.Ion 01 the Untted States or I\ny 01 Its olYtcers. q:ents or employees' (publiC moneys is de- fined In Treasury Circular No. 1.76, es amended) must be deposlt.P.d In a banI: with Federal Deposit Insurance Corporatlon (FDIC) Insurance coverage o.nd the hll\ance e>:ceedlng the FDIC coverage must be col- la.terally secured. 5. Consistent v.'lth the national 1'01\1 01 el<pandlng the opportunities lor minority business enterprises. recipients Ilnd sub- r<:clplents shall be encouraged ,to use minor- Itl' banks (a bank v.'hlch Is owned at least 50 p,crcent by mInority group members). A-rrACHMI:NT B.-CIRCOLAR No. A-II 0 BONDING AND INSURANCE: :. ThIs at.tachment sets lorth bond Ing nnd Insurance requirements lor grl\nt.s and other llgT..,ments ,",1th reCipients. No other bond- \n& and insurance requirements shall be Im- posed other thaD those normally required by the recipient. 2. Except as otherwise required by 10.,",'. a grant or other agreement that requires the contrnctlng (or subcontrl\cUn~) tor con. struc-tlon or lo.clllt)' Improvements shnll pro. ,_._. '~n _~~,_,_._. 'F ',' "n..' ~;,. I Office of Management and Budget Circular A-110 (7/30/76) qulrement..& relating to bid guaran~"". per- formance bonds. ..nd payment bonds unle68 tbe construCtion contr&Ct or subConuact H- ceedB fI 00 ,000. ror those ooIlltract..& or sub- contl'1loCts exceeding 1100.000. the rederal agency znay accept tho bonding policy and requirements of the grantee provided the Federal agency h.... made' a determination tbat the Government'. In~rest lB adequataly protected. It auch a detarmlnatlon has not been made. the minimum requlrement..& .hall be as follows: a. A. but vuarantee Irom elUh b~r equiv- alent to JIve percent 01 the bUi prlce.- The "bid gu"ra~tet!" shall consist 01 a firm commItment such I\S " bid bond, certUled cbeck. or other negotiable Instrument ac- companying a bid lUl MSurance that the bid- der will. upon acceptance ot his bid. executa such contr&ctual document..& .... may be re- quired within the time specUled. b. A perlOf"mance bond on the part 01 the contrlUtOf" lor 100 percent 01 the contrlUt -prlce.-A "perfonn..nco bond" I. onc executed In connection with a contrnct to secure ful- fillment ot all the contractor's obllgatlons under such contract. c. A pllyment bond on the part 01 the con- trlUtor lor 100 percent 01 the contrlUt prlce.-A "payment bond" I. on. executed In connectlon with a contract to Msure pay- ment B.B required by law of all pel"llOns sup- plying labor and mat..erlalln tbe execution of tbe work provided for In the contract. 3. Where the Pederal Government guaran- taes or Insu~ tn~ repayment 01 money borrowed by the recipient. the I"ederal agency. at Its discretion. may require ade- quata bonding &.Dd 1nsuranoe H the bondlnl) snd lnaurance requirements of the recipient are not deemed adequa ta to protect the In- tarest ot tbe Federal Government. ~. The P'ed.eral spoDBOrlnl) &gency may re- quire adequa~ t\.dellty bond cover&ge ,,'bere the recipient b.... no coverage and tbe bond lB needed ItO protect tbe Government's Intarest. l>. Where bonds are required In the 8ltua- tlons described s.bove. tbe bonds shall be ob- tAined trom compe..nles boldlng certHIC&~ ot authority a.& a.cceptable sureties (31 CPR 2:n) . An....CRldXt..,.C.-<:ncuIJJt No. A-110 I.rn:NTION ANt> CUSTODIAL 1t-"Q=/oaNTB roa a !:CORDS 1. Thla s.ttacbment 8e1.8 fortb record retan- tlon requlrements. for grlUlts and other &gTee- men!.6 with recipients. Fe<!e",1 8poDBOrlnl) s.gen.cles sball not Impose any record reten- lJon requirement!! upon rec1plent..& other than tbO&e described below. 2. ExceJU for paragraph 1. this att.acbment also r.pplles to subreclplent.s I!.S relerred to In paragra.ph II of tbe basic circular. 3. l"lnlUlcla1 records, 8upportlng documents stAtistical records. a.nd all otber records pertl~ nent to an ......ement &bal] be retained for a periOd or three year'B. with the follo"1Il6 qua.ll:lcatlon.e : L II &DY litigation. cla1m or audit Is starte<! bet ore the expiration or the 3-year periOd the .-..cords shall be retained untll all Iltlgations clalmJ;. or audit find1ngs involving tbe reeor~ b&ve been resolved. b. ~rd8 .Ior nonexpendable property &C- qulre<1 ....Ith 1"eoderll.l runds &hall be retained lor 3 years e..!ter I t.s final d\.oposltlon. c. When rN'.ords are tranBlerred to or malo :alned by tbe Federal ~oDBOrlng agency th~ ~b-lyear retantlon requirement Is not app'IICs- e to tbe re-::lplent. ~. The retantlon periOd SlA.'"te from the dAte or tbe subnu.a..lon or tbe t\.nal expend1- ture report or. for gn.nts and other &pee. :enl.8 tbat are ",newed annually, trom the fia.t.e ot the 8ubml.s8lon or the &.Dnua.l Dele!al .tAtUl\ rep-ort. 5. Recipient organizations should be au- thorized by the Ye<!eral sponsoring &gene}'. If they so desire. to substitute mJcronlm ooples In lieu ot onrlnAl records. 6. The I"ederal sponsoring &gency &llall re- quest transfer 0/ certain records to Its cw- to<l}' from recipient org..nl....tlons ,,'ben It determJnes that the reoords posses.. long- term retantlon value. However, In order to avoid dupllcate record-keeping. a Federal spOl\6Oring &gency may make arrangement..& with recelplent organ1z.atlons to retain any records that are continuously needed for Joint use. 7. The head ot the Federal 8ponsorlng l<gen- cy and the Comptroller Oeneral ot lhe United States. or an}' ot their duly authorized repre- 8entAtlves. shall have &Ccea.s to ll1lY pertinent books. documen\.... papers. IUld records ot the recipient organlz.&t1on s.nd their subre- clplents to make audlt..&. examlnatlons. ex- cerp ts ..nd transcrl l' t..&. 8. Unle.!lB otherwise required by la,,'. no Federal sponsorlnl) agency 1'.'1 al I plnee re- strictions on recipient orga.n1Z8t10na that wlll limit public o.ecesa to the re<x:>ro.& 01 recipient organizations that are pertlnent to a grant or agreement excep't when tbe agency can demonstrate that such re-::ords must bc kept confidentlal and would have been excepted lrom disclosure pursuant to the Freedom ot Intormatlon Act (6 U .S.C, 662) \1 the recordB had belonged to tbe Federal sponsoring &gency. A=ACHr.a:NT D.-cIllCU1.AJl No. A-110 P1lOGR....W INCOJoU 1. l"ederal spoDBOrlng &g'Cncle8 ahall r.pply the 8tandardB set torth In thl6 ..ttaobment In requiring recipient organizations to &CCount for progrlLID Inoome related to proJect..& t\.D&Dced In ",bole or In part With Fe<!eral funde. Progn.m Income repreeent..& gl"08B In- come earned by tbe recipient lrom tbe fed- erally 8upported &Ctlvltles. Such ee.rnlngs ex- clude Interest earned on advances &.Dd may Include. but wUl not be 11mJted to. Income from service tees, sale ot commod1tl.... UB&ge or rental fees. a.nd royalties on patant!! and coprlgbta. 2. Interest earned on advlUlees ot Federal funds allall be remitted to the Federal &gency ercept for Int..erest earned on ad'l'&1lOCll to StAtes or Instrum.entaJltI"" of ... Stata as pro- vlde<1 by the In t<:rgovernment.o.I Coopen..tl.on Act ot 1968 (Publlc LAw ~TI). 3. Pr-oce<>d8 from tbe aaJe or ~ a.nd per- sonal property eltber provide<! by .the Fed- era.l Government or purcbsaed In wbole or In part With Federal fund.s. sball be bandied In &ccordanee With AttAchment N to tbla clr- cule.r pertaJnlng to property m..a.na.gement ... Unless the agreement prOVides other- wise. reclplenu lIball b..ve no obligation to the 1'ederal Government Wltb respect t.o royaltles received .... a result 01 c:opyrlgbu or pat..enu pro<luced under the grant or other &greement (see pa.ragraph 8. Att&chment N). ll, All other program Inoome earne<! dur1ng the proJect perlo<! ahall be reta.\ned by the recipient "ncl, In accord.......ce with tbe gr-ant or other agreement. shall be: .... Added to runds COmInJtt..ed to the proJ- ect by tbe 1"eoderal sponsoring &gency &.Dd recipient organization and be Wled to rurtber eligible prop-am ObJectiVes; b. Used to tlnanee tbe non-Federal &bare or lbe project wben approved by the Federal 1l'po~r1Il6 agency: or c. Deducted from the total project C-06t..& In detarmlnlng the net coste on which the l''Cde",1 &hlt.re or coet.s ,,'Ul be base<!. AnAcHJo<rNT E.-cDlCUl.AJt No. A-I10 COBT 8 H...A..LDrC A:ND ).I A. TCH IN 0 1. ThUl att.a.chment &eU forth crll.crla and pTOC<>dur... to'!' the allO'l<"&bUltT o! rJU'.h ":1<1 .1 A-110:2 In-kind contributions made by reclplent..& or subreclplents (I\S relerred to In ps..ragraph 5 01 the b....lc circular). or tblrd parties In 8at- Istylng coat sharLng IUld znatcblng requlre- meet..& or Federal .ponsorlng agencies. This attAchment also estAbllahes crlt.erla lor the evaluation ot In-kind contrlbutloIl1l made by third partlu, and supplemenu tbe guidance set torth In Fede",l MAnagement Circular 73-3 9,'ltlh respect to cost .barlnl) on reder- ally-sponsored research. 2. The 101l0",lng det\.nltlon8 apply tor the purpose ot this attachment: a. Project C03ts,-ProJect oost..& are all a]- 10"'1\ble COBt..& (I\S set lorth In the appllcable Feder..l coot principles) Incurred bj' a reclpl. ent and tbe value or the In-kind contrlbu- tlons made by the reclp len t or third plU'tles In accompllshing the obJectlves ot tbe grant or other agreement during the projector pro- gram perlo<!. b. C03t .h.adng an<i tn4tchtng.-In general. cost "baring and matching represent that portion 01 project or prog",ID cosu not borne by th" Fedeml Govemment. c. C,,-,h contributlon.'l.-<:lUih contrlbutlona tepre.",nt the reclplent'a caab outlAy. includ- Ing the outlay ot money contributed to the reclpl'ent by non-Pederal third ps..rtles. d. In-kind contrlbutw.....-ln-klnd contrl- butlon~ represent the value ot nonea.sb oe)D- trlbut.lono provided by the recipient a.nd non-I"edemlthlrd parties. Only ....hen au- llborl2;ed by Foderal leglalatlon, m.ay property purcb....e<1 with rederal funds be conslcl.ered B.B the reclplent'8 In-k1nd contributions, In- kind contributIOns may be in the form or charg~ for real property and non-expllnd- able personal property. s.nd tbe vliJue of I)oods and aervlees directly benelltlng "nd 8pecUically Identl1l.able to the project or program. 3. General guidelines for computing coat ahs..rU1g or m.atcblng are as fOUOW1l: a. Coat &he.rlng or matching IDAY consist ot: (1) Cba~es Incurred by the recipient 8.Il project cost8. (Not ,,11 ebarges require cash out\.aya by tbe recipient during 1lbe project perlo<:l: eXAIDples a.re depre-::laUon and use cbarges for buUd1n.p &.DO equlpment.) (2) ProJect coe ts tina.n ce<1 'Wi th ca.sb co n - trlbuted or donated to the recipient by other non-J!>edera.l pubUc &g'Cncle& Uld 1nstltutlons. and prlvs.te org1lon\z8.tlona and Indlvldua..lB, and (3) ProJe-::t coeu represented by ""rvleee and real s.nd person..1 property, or u.... there- 01. ~lonated by otber non-I"ederal public &gen<:lea and lnatltutlona. -.nd pr\.vate orga- nlzatlono a.nd Ind1rtdua..lB. "I b. All contributions. both ea.sb &.Dd 1n- kine.. llbllll be a.ccepted all part of tbe recipi- ent., cost sbartng ..nd matching wben ilUch contrIbutions meet ..1\ 01 the tollowtng crlt<:I'lB : (1) Me verUtable from tbe reclplen t., record.:s; (2) A'" not Included as contributions for "ny otber le<1erally-.......lBted progr-am: (3) Are neceBa8.ry and rea.oonable tor prop- er .."d etliclent &COOmpUahment ot project obJee:tlves: (4) Are types ot cbe.rg-es that would be al- )o.....ble under tbe appllC8.ble ooet prlnClplea: (ll) Are not pllld by the l"'edeul GoVUD- men': under another aaallftance agreement (unl'"", tbe &.gTeement lB ..utborlu:<1 by Fed- eral law to be uud lor C-OGt slu.rlng or match- Inl)) , (61 Are pro'Vlded tor In the ..pproved bud!;- et winen required by the 1"eodero.I agency: and (7) ConJorm to other provlslona ot thlB a ttM:bment. 4.. V..lUC5 for recipient in-kind oontrlbu- tlo"" ....Ul be eatabll'l.bed In accorda.noe with the "ppllczble C08t principles. 6. S!,<,clrlc proc<>du..- tor the reclpl..nl.8 In """,t.I\hlt...h1nt" th.- l'rJuf'" nf In-rlnd ("'('l:Jt:-1hu- I Office of Management and Budget Circular A-110 (7/30/76) tlons from non -Federal third partles arc set forth below: a. Vall/ation 01 .!oll/nfccr .<crl'iccs.-Volun- teer services may be furnl'hed by professional and technical personnel, consultants, and oth('r skilled and unskilled labor. Volllntcer sen'lces may be coullted as co,t sharlllg or matching l! the service I, an Integral and necessary part of nn appro"ed prohram. (I) Ratc" lor vO/llllteer servicc.,.-Rates for volunteer, shollld be conslslent with those paid for similar work In the recipient's organI7.atlon. In tho,e Installces In which the requlrcd skills arc not lound In Ihe recipienl organI7.atlon, rates should be cOllslstcnt with those paid for similar work In the lallaI' mar- ket In whIch thc rcclplcnt compctcs for thc kind of servlccs In,'olved. (2) Voll/lItccrs ':)1np/oycd by olher organi- zntio7ts.-Whcn nn crnploycr other than the reclplcnt furnlshcs the servlccs of an em. ployee, these services shall 'pc valued at the employee's regular rate of pay Cexclusl"e of fringe benefits "nd overhead costs) provided these services arc In the same sklJl for which the employee Is normally paId. b. Valuation 01 donated, ezpendable pcr- sonal property.-Donated, expendable per- sonal property Incltldes such Items as ex- pendable equIpment, office supplies, labora- tory. supplles or workshop and classroom supplies. Value assessed to expendable per- sonal property Included In the cost or match- Ing' share should be reasonable nnd should not exceed the market value of the property at the time of the donation. c. Valuation 01 donated. noncxpcndable personal property, buildings. and land or we thereo/. (1) The method used for charging cost sharIng or mntchlng for donated nonex- pend able personal property, buildings nnd land may dltrer accordIng to the purpose of the grnnt or other agreement a.s tollows: (a) It the purpose of the grant or other agreement Is to assist the recipient In the Il-cqulsltlon of equipment, buildings or land, the totll-I value 01 the donated property mRY be claimed as cost sharing or matchIng. (b) It the purpose of the agreement Is to support act!\'ltles that requIre the use 01 equipment, buildings or land. depreciation or use charges for equipment nnd buildings may be mnde. The full value of equloment or other capltll-l assets "nd fall' rent~1 cha.r~es for land mny be nIl owed provided that the Federal agency has npproved the charges. (2) The vnlue of donnted property wlll be determIned In accordance \Io'lth the usual IIccountlng pollcles of the recipIent wIth the following qualifications: (a) Land and bllildinps.-The vnJue of donated IIInd and bUildings m:\\' not .exceed Its fall' mp.rket vll-Iue, at the tlmi of donation to the recipient as estRbllshed by IIn Inde- pendent npprnlser (e.g.. certified real prop- erty apprAiser or GSA repre~entatlves) Il-nd certIfied by II responslllle officIal of the recipient. (b) Noncxpcnd.ablc pC1'son.a1 pro'perty.- The vl<lue of donnted non expendable personal propert)' shnll not exceed the fnlr market value of equipment and propert)' of the same age and condition nt the time 01 donation. (c) Use 01 -'pace.-The value of donated space shall not exceed the lair rentnl ,'al\:e of COmpp.rable spnce as established by an Independent appralsRI of companble ~pRce and facilities In a prh'nlely-owned building In the same locallt)':' (d) Loancd cqllip1ncnt.-The vallle of loaned equIpment shall not exceed Its fRlr rental value. 6. The followIng rcqulrements pertnln to the reclplent's supporting rccords for In- kind contributions from non-Fcderal third ra:-t.le.<;. n. Vol\1ntf'cr 5prvlccs n1\Jst. b{' doc\lmcntC'ct and. 10 the extent feasible. supported by the same methods used by the recipient lor It.' employees. b. The ba~ls lor determinIng the vRluathHl for personal services. malerlRl, equipment. I)ulldlngs and land must be documented. ATTACHMeNT F.-CIRcULAa No. A-lID STANOARlIS FOR FINANCIAL MANAGE.MENT SYSTEMS 1. 1111s nttachment prescribes standards for financlnl management s)'stems 01 recipients. Federal sponsoring agentles shall not Impose additlonnl standarus on recipients unless spe. clficnlly provIded for In the nppllcable sta- tutes (e.g., the Joint Pundlng Slmpllficatlon Act, P.L. 93-510) or other attachments to this circular. However, Federnl sponsorIng ngen- cles arc encouraged to mnke suggestions nnd nsslst recipients In estbnllshlng or Improving financlalmanfLgement systems when such IIS- slstanct' Is needed or requested. 2, Recipients' financial mn.nagement sys. terns shllll provide lor: II. Accurate, current nnd complete dlstlo- sure of the financial results of each federally sponsored project or program In accorclanee with the reporting requirements set forth In Atl.'\chment G to this circular. \Vhen n Fed- eral sponsoring ngency requires reporting on an accrual basis, the recipient shnll not be required to establish an accrual Rccountlng system but shall develop such "ccrunl dntn for Its reports on the basis of an annlysls of the documentation on hand. b. Records that Identify adequately the source and IIppllclltlon 01 funds for federalll" sponsored activities. These records shal1 con- tain Infonnatlon pertaIning to Pederll-I aWll-rds. authorlzntlon3, obligations. unobll- gnted balances. assets, outlays, and Income. c. Eflectlve control over and nccountablllty for all funds, property and other &.Sselos. Re- cipIents shall adequately safeg-uard all such' assets and shnll assure that they are used solely for authorized purposes. d. Compllrlson of actual outlays with bud- get amounts for ell-ch grant or other agree- ment. Whenever appropriate or required by the Pederal sponsorIng Il-gency,. finanCial In- formation should b~ related to performance and unIt cost data. e. Procedures to mlnlml"e the tIme elnpslng bel""een the trnnsfer of funds from the U.s. Treasury and the dIsbursement by the recip- Ient, whenever funds are advanced by the Federal Government. When advances nre made bl' a letter.of -credit method. the reclp' lent shall make drawdowns as close as pos- sible to the time of mil-king disbursements. /. PTocedures for determInIng the renson. ableness. allow"blllty and allocability of costs In accordance with the pro,'lslons of the np- pllcable Federal cost prInciples and the terms of the grant or other agreement. g. ACcounting records that are supported by source documentation. h. Exnmlnatlons In the form of audits or Internal ll.\ldlts. Such audits shall be mnde by quallfied Individuals who arc sumclently Independent 01 those who auth<)rize the ex- penditure of Federal funds. to produce un- biased oplmons. conclusions or Judgments. They shall mee~ the Independence crIteria Rlong the llnes of Chn.pter 3, Pnrt 3 of the U.S. General Accounting Office publlcatlon. Standard~ for Audit of GovernmenUI Oq;nn- 17.ations. Programs. Actl"ltles and Functions. TI1CS~ cxnnlinalionz nrc intended to a...c.;cer- tnln the eflectiveness of the finRnclal mnn~ ngemcnt systems and Internnl proccdures' thRt have been establlshed to meet the tcrms and conditions of the agreemenl.'. It Is not Intended t.hnt each ngreement a\\'arcled to the rccl'p\cnt be examined. Genern]}y, cxnmlnn- tton~ should be conducted c.n an orcnnt7A'. tlnn-wlrlr- hn~!c.; -t.o lest tlH' fl-;r.:'\l Intl"r:;-It.\' of ., A-110:3 fl1H\lH"lnl t.rnnsA.ctloJl~. n.<\ well as compliance with the terms nnd conditions or the Federal grp.nts and other agreements. Sllch t(',ts would Inclllde Rn aprHoprlR(.e sRmpllnJ; of Pedcral Rrreements. ExnmlllRtlon, ",'111 be conducted with reasonahle frequency, on a continuing bllsls or nt schedulecl Intenals. usually annually. but not less frequentlr thnn C\'ery t",o yeRrs. The frequcncy of these ex- aminations shall depend \1pon the nature, 517.0 IInd the complexity of the nct"llty. These examInations do not relieve j"c-deral ngencles or their nudlt responsibilities. b\1t mar atrect the frequellcy and scope of such nudlts. LA 51'slematlc method 10 IIssure tlmelv nlld npprop~lale resolution of audit findings nnd recommendations. 3. Prlmnr)' recipients shnll requIre subre- clplents (IlS defincd In pl1rngrnph 5 of the l>nslc circular) to adopt the stnndards In parngraph 2, "bove except for the require- ment In sullparllgraph 2e. regarding the use' or the letter-or-credlt method nnd thnt pnrt of .:>ubparngraph 2a, regnrdlng reporting forms nnd frequencies prescribed In Attnch- men', G to thls clreulnr. ATTACHMENT G.-CmCULAR No. A-lID FINANCIAL RITOn.TIN'C REQUIREMENTS I. This attachment prescribes uniform re- porting procedures for recipients to: sum. marlze expenditures mnde Il-nd Federal funds unexpended for each a","rd, report the status of Federal cash IIdvnnced. request ad'"nnces and reimbursement when the letter-of-credl~ method Is not used; and promulgates stand. IIrti. forms Incident thereto. 2. The following definitions npply for pur- poses or thls attachment: a. Accrued ezpcnditures.-Accrued ex- penditures are the charE:es Incurred by the recipient during a gIven period requIring the provision of funds for: (1) goods nnd other tangible propert)' received; (2) servIces per- formed by employees. contractors. subreclpl- ents. and otber payees, and (3) other amounts becoming owed under programs for ....hlch no current 6ervlces or performance 1S required. b. Accrucd incol71c,-Accrued Income Is the sum of (I) earnings during a gl'l'en period from (I) servlces.performed by the recipi- ent: and (II) goods IInd other ta.nglble property dell'l'ered to purchnser6: IInd (2) nmounts becoming owed to the recipient for whll;h no current services or performance Is required by the recIpIent. c. Fcderal lund., authorizcd.-Federal funds authorized aI" the total amount of Federal funds obligated b)' the Federll-l Gov- ernment for use b)' the recipient. Thl!< nmount may incJude any authorized carry- over o! unobligated funds from prIor fiscal years when permitted b)' jllw or agency regulation. d. in-kind contribution.s.-In-klnd con- trIbutions are delined In Attachment E to thl~ circular. e. Oblipation.s.-Obllgatlons lire the amounts of orders placed, contrRcts and grants a"'"rded, services received. and simi- lar transactions during n gIven perIod thnt ...'ill require payment by the recipIent during the same or a future period. r. Outlays.-Outlnys or expenditures repre- sent charges made to the project or program. They may be reported on n cllsh or accrual basis. For reports prepared on a cnsh bllSls, outln)'s arc the sum of actuIII cash dlsburse- mcnl.' for direct charges for goods nnd serv- Ices. the BtnO\lnt of indirect expense chnrged. the "allle of in-kind contributions npplled, nnd the amount of ca.sh ndvsnces and pay- ments made to subreclpients. For reports pre- pared on an accrual basis, outlllYs lire the stun or f\ctun.l cn.sh dtsbursc,ments for direct (;h:'\rr.e~ for ~oods :\nd ~er\'lcc5.. the nmount ('If lndlr('r~ r:':",f'f'l1sr 1nr\lrr~d. t.he vnluc of 1n- I Office of Management and Budget Circular A-110 (7/30/76) kind contributions applled. and the net In- crease .(or decrease) In the "moun Wi owed by the recipIent tor goods "nd other property received, tor 6ervlces pertorme<! by employ- ees, contractors. subreclplents and other payees and other amounts becoming owed under programs for which no current serv- Ices or performance are required. g. Pro9ram tn.come.-Program Income Is defined In Attachment D at thIs circular. It may be reported on a c....h or accrual b.....ls. whichever Is used tor reporting outl"y.. h. Unabli9ated balance.-The unobligated balance I. the portion of the funds author- Iud by the Federal spon-"Orlng agency tha t h..... not been obligated by the recipient and Is determined by deducting the cumulative obligatio"" lrom tbe cumulative tund. au- thorized. I. Unliquidated obli9atIOn.l.-For report.8 prepared on a ca.h' b....I.. unliquidated obli- gation. repre.ent the......mount 01 obllgatloIlB Incurred by the recipient that hI" not been pAid. For report.8 prepared on an accrued ex- penditure b.....t.. they represent the amount ot obll~tlon. Incurred by the recipient tor whlcb an outlay h..... not been recorded. 3. Only the tollowlng torms ,,'Ill be au- thorized lor obtainIng financial IntormAtlon lrom reclplentll. a. Ffn;>ncial Statu. Report (Exhibit 1). (1) Each Federal sponsorIng agency shnll require reclplent.s to use the standnrdlzed FinancIal StatuS Report to report the .tatus ot tunds tor all noncorultructlon projects or programs. The Federal sponsoring agencies. may. 110wever. have the. option ot not re- quiring the FInancial Status Report when the Reque.t lor Advance or Reimbursement (paragraph 4e.) or Report 01 Federal C.....h Transactions (paragraph 3b) Is determined to provide adequate Intormatlon to meet theIr needs. except that a final FInancial Status Report shall be required n t the com- pletion. at the project when the Request tor Advance or Reimbursement lorm Is used only lor advances. (2) The Federal sponsoring agency shall prescribe whether the report shall be on a c.....b or accrual b.....ls. If the Federal sponsor- Ing agency requires accrual Intormatlon and the reclplent's accountlng records are not normally kept on the accrual basis. the re- cipient shall not be required to convert Its accounting system. but shall develop such accrual InformatIon through best estimates based on an analY61s at the cocumentatlon on hand. (3) The Federal sponsoring agency shall determine thetrequency. ot the FInancial Status Report tor each project or program considering the size and complexIty of the particular project or program. However. the report shall not be required more lrequently than quarterl)' or less trequently than an- nually except as provide<! In subp"rngrnph 380 (I) above. A final report shall be required at the completion 01 the agreement. (4) Federal sponsoring agencies shall re- quIre reclplenWi to submit the Financial Status Report (original and no more than two copies) no later than 30 dnys "lter the end 01 each specified reporting period for quarterly and semi-annual reports. and 90 days for annual and flnal reports. Extensions to reporting due dntes may be granted upon request 01 the recipient. b. Report 01 Federal Ca.sh Transactions (Exhibit 2). (I) When lunds are advanced to reclplenlll through letters at credit or with Treasury checks. the Federal sponsoring aBencles shall require each recipient to ~ub- mlt a Rep:>rt of Feder,,1 Ca.h Tran~tlons. The Federal sponsoring "gency shall use thl. report to monitor cash advallced to recipIents "nd to obtain disbursement .Informatlon lor ea.ch agreement from the recipients. (2) Federal .ponsorlng acencles may re- quire torecasWi 01 Federal cllSh requIrement. In the "Remarks" ~ectlon at the report. (3) Whon practlcl\l and deemed nece.."ry. the Federal sponsorIng agencIes may require receipts to report In the "Remarks" sectlon the "mount of cash Advance. In excess of three uays' requirements In the h"nds of sub- recipients and to provide short narrative ex- planal,lons of actIons t"ken by the recIpients to red uce the exceS3 bnlnnces. (4) Recipients sh,,1l be required to submit not m:>re than the original and two caples at the Report 01 Federal Cash Transactions 15 working days tollowlng the end of each quarter. The Federal sponsoring agencIes may require a monthly report lrom those recipIents receiving advances totaling $I mllllon or more per year. (5) Federal sponsoring agencies may waive the requirement lor submission of the Report at Federal Cash TransactIons when monthly advances ~o not exceed $10,000 per recipient. provided that such advance.! are monItored through other torms contained In...thls at- tl-chment. or l!. In tbe Federal sponsoring as-ency's opinIon. the reclplent's accountlng controls "re adequate to minimize excessive Federal advances. 4. Except as noted below. only the tollow- Ing lorms will be authorized tor the reclpl- en~3 In requesting advances and relmburse- menWi. a. Requesl lor Advance or Reimbursement (Exhibit 3). (I) Each Federal sponsorlng agency shall adopt the Request tor Advance or Reimburse- ment as a standardized torm lor all noncon- structlon programs when letters-at-credit or predetermined advance methods are not used. Federal sponsoring agencies. however. have the option 01 usIng this lorm tor construc- tIon programs In lieu 01 the Outlay Report and Request lor Relmburseme:lt for Con- struction Programs (subpar~raph 4b). (2) RecIpients shall be I\uthorlzed to sub- mit requests lor advances and reimburse- ments at least monthly when letters-ol- credit are not used. Federal sponsoring asencles shall not require the submission at more than the orlglnl\l and t,\'o caples 01 the Request lor Advance or Reimbursement. J A-110:4 b. Outlay repoTt and Tequest for Teim- bllT.H>11lrnt lOT construction progTonl!i (EI. hibit 4:,. (I) E:nch Federal r.ponwrlnc agency shall ..dopt the Outl..y n"port and Req\le-st lor Re. Imburs"mcnt lor Construction Progrnms a, the Sl3.ndardlzed lorm..t to be \lsed lor ,.- questing reimbursement lor constructlon programs. The Federn.1 sponsoring ngencles mal'. howe\'er. have the option 01 substitut- Ing the Request lor Advance or Reimburse- ment l"orm (subparagraph 40.) when the Federal agencies determine that It provlde-s nctequnte IntormAtlon to meet their need~. (2) Recipients shnll be authorized to sub- mit requesWi :or reimbursement at least monthl)' when letter~-ot .credlt nre not used. Federal sponsoring agencies shall not require more than the orlglnnl and two copies 01 the Outla)' Report and Request tor Reimburse. ment tor Construction Programs. 5. ""hen the Federal sponsoring agencies need n,1dltlon..1 Inlormatlon In using these lorms or more Irequent re.porl!;. the lollowlng shall b" observed: . a. When additional Intormatlon Is needed to campi)' with leglslntlve requirements. Federal sponsoring ngencles shall Issue In- structions to require reclplenWi to submit such Information under the "Remarks" sec- tlon at the report.~. b. When necessary to meet specIfic pro- gr~m needs Federal sponsorIng agencIes shall submit th~ proposed reporting requlremenWi to the f'lnanclal MAnagement Branch. Budget Review Division. Omce at Management and Budget lor approval prior to subm1.'>Slon at the reports tor clearance under the pro- visions of OMB Circular No. A-40. c. When a Federal sponsorl ng agenc)' has determlned that a reclplent's accounting 6YS- tem dc.es not meet the Standards lor FI- nanclsl Manaseme:>t contained In Attach- ment F to this circular. additional pertinent Informntlon to turther monItor granWi and other "s-reements may be obtained upon written notice to the recipient until such time n.s the system Is brought up to standarcl. d. TIle Federal sponsoring agency. In ob- tainIng Intormntlon as In paragraphs a. b and c a.bove. mu:.' comply with report clear- ance requlremen~s at the Office 01 MalUl.ge- ment and BUdget Circular No. A-40. ..... reo vised. 6. Feder...} sponsoring agencies have the option of shadIng out any line Item on I\ny report that Is unnecessary lor declslon-mak. I no; purposes. 7: Federal sponsoring agencle~ should ac- cept the Identical lnlormaUon frolY, the re- cl!,lents In machIne usablc tormat d:- com- puter prIntouts In lieu of prescrlbe<!lormats. 8. Federal sponsoring age ncles may pro- vide com!,uter outputs to reclplen ts when It will expedite or contribute to the accuracy 01 reporting. 9. Feder..l sponsoring agencies arc author- 17.ed to reproduce these torms. The lorms lor reprod \lcLlon purposes cnn be obtained lrom the Omce of Man3.gement and Budget. FINANCIAL STATUS REPORT I. '[OrftAl "OlNCT AHO OJtGANIUnOHAlIU"(N'T TO WHICH MP"OPfT II tV,wITTlD .. HO"'-', a.""... 0" 0,.,.[" 100mmHa 17MB Approvod I"'" Dr "u....[.. No. ao-R0180 I (Folto1lJ i".'ructionA on Oil b(lck) "'''CES R[CIr1U'tr O~A""lAnOH 'Nt.... a...l (~rhh tt.iA~Uf. i...t1v..1i.." llr rol.1 C. [MrlOTl~ U>(HTl'ICATlOH HU"U" ,. ~(elr'HHT Acecum HU"'I" 0" ID[HTlnlH<l HU"'(JIIl I L r1P'U.l ftt,-Q1'fT 7. 1'-'111 o n. C NO o CASH n ACCRUAl .. rrroJ[CT IQAAHl "'"00 1"..;....'~It.,...f) ,. r-t~IOO CQVW:IUO IT Tl41t l'l[r"OIfT '''OM (H".flll, Il.III, r-e'" I TO (,IIIO...Il.. 4A.. r-....) ,,.0.1.4 l"'e-fA. .... ._.., TO 1"'_111. "e.. ....., ST MUS OF nJHOS (0) (h) (<) (d) (.) (f) TOTAL rROORAMS I FUNCTlONSI ACTIVIT I ES ~ (g) Het OUtlIllY' prl!viously reportpd $ $ $ $ $ $ $ Tot~1 outlfty, this report period c..tu: F'roR',,,m Income cnxJlh Utt outlAYS thil '"port DNiod (til1t It mi""J lint c) I Net ovt'"y' 10 date I (Lint d plu.1 lint d) : . i I Ltu.. Non.rederlll ,hAre of outlay' Tollll (Mual ,hare of outlay' (f.,i,,~ t minu. rin, I) I I I 101111 unliquidated oblig8tio"' --- L"4.. tlon.F'edflrl!ll ,hUll of unllquldahd oblllJlItlon. ,hown on IIn., h F&dlltsl ,hlHe of unllquldlllttd obligation I .' TOllI1 r"dtnlll shArI! of OUtlIlY' .IInd I unllquidlltlld obfiqlltlon, Total cumull,live amount or Fl!Idenl fund' lIuthorlnd UnobllgatlKl blllAnclI at r('t'jflral rundt OF AUTHORIZED CERTIFYING DATE REPORT I. TYPE 0' RATE: f",.OVISIONAll 0 P"CD[T["NIH(D n. CllfTl'ICATlOH SIGNATURE SUBMlrTED (rl,u, ".t" in tJpp-roPr1o(t bo%) 0 o m.A' o rluo I certify to th. b-fl.lIt af my kna'tll't&d;. and ~- OFFICIAL OI"fCT Ie. 1"'[ I d. TOTAl AMOUNT II. '[DERAl ."ARt lief that thlt report 11 COrTlICt .nd compl~e tod I"(NS( b. RAT( thllt ell outlaY' .nd unllquldllt~ abllae1lonl TYPED OR PRINTED /lAME AND TITLE TEUPHOtlE (AT<. ,04., . ar. for 'h. purpo.u ut rorth In U,. lI.,....rd numb..r ll.,d ntt'?\'tO"\) :::':..~~:~l:~::;::'~:~" ",~_l..."<# 4....'4 "~,,_,, ... i..I___'w,... u~,.., II, ,..,~ ...on..., u-.y i... .,.,....,.,.......,. w-(ll dacum',"t'. ITAI'tOAIfO '0"'" 7&0 f7-16l )-101 EXHIBIT 1 'n",=,tb-.d by ome:. of .....,..."".,.., ..,d Bud..1 CIRCULAR MO. 1..110 J > I -L -L o O'l I -' Office 01 Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or prinllegibly. lIems 1. 2, 3,6,7,9, IOd, IDe, 109, 10i, 101, Ila, and 12 are self.explanatory, specific instructions for other items are as follows: I~ Eo'", .( Enter thfo 81'Tlployer Identlnc.atlon number aulBne<t by the U.S. Internal Revenue Servic.e or nee (In!l1itution) c.ode. If required by the F e-der.1 Ipon500rlnl asene)'. Thl. lpeel! II reurvPd tor IIn account num~r or o1.hl" identifying numbers thAt may be Issisnnl by the recipient. Enter the month. day. end year of the bf:l(innlnJl: end endlna of thi, proleet penod. rOf formula rrants thet ert not 8werded on . project bells, show the Brent po Mod. 10 The purpos.e of vertical calom"1 (.) through (1) Is to provide fmancial ebb for ellch progfllm, tunctlon, end IIcttvity in the budln lIS appro"ed by the F"ederalljlOn. sorln~ ele.nC)'. It additionel columns art nee~ed. use as meny additional torms es nM'ded end lndlclth page number In spAce provided In upper right: howevu. the totels of 811 prOgTlms, functions or ectivltles should be Ih""",," in column (i) 0' the first page. for a,reements p6rtelnlng to Soevera' Catalot 01 FfIoderel Domestic ^ss.istllnce pn:>irams that do nol require a further 'unctlonel or .ctl~ty classlflcltion breakdown, enter under columns (a) through (f) the litle of the program. for ,r1lnu or other aUlstance aBreements containing muttlple progrems ....here one or more prOB",ms reQuire II further brellkdown by function or ectlvlty, use I s.eperate form for each progfltm showing the Ilpplicable functions or activlliC'lo In the 5eparate columns. for l:f8nts or other aui51.ence Ilgreements conlaining sev' enll functions or activities which 8re tunded from S.eYefltl progreml. prepare I '5ll1parete form tor each actlvlty or function when requested by the Feder.: LPDnsorlng .,ency. 1O.e. Enter the net outley. This .mount should be the nme as the emount reported In line 10e of the les1 repo"~. It there has been IIn adjustment to the amount snown PnrY'loUSty, pleau enaen explanation, SnO'* lero If this Is tne Inttlal report. . lOb Enter the total fross program outlays (Iu! rebate-t, retunds. and other dis.counU) for this report period. Including dlsbu~emenh of cash realized as. program incomf.. For reports tl'\8t Ire prePII~ on I cash basis, oUtl8Y'5 ere the $.Um 01 actual cash disburse' mrr:':'s for goods and urviee!. the amount of Indire-c1 expense charged, the value 01 In. kind contributions 8'pplied. end the IImount of cash _dvances end payments made to contractor! end subgtllntus. For reports prePA~ on an accrued eXPf'nditure basis. out. lays ere Ihe sum ot actual cesh disbursements.. the amount of Indj~ expense incurred. the value of In. kind contriDution~ BPplle-d, end the ne' Increase (or dKrUH) in the amounts owr-d by the reeipient tor goods. end other prODerty r,"ceived and tor ~ervices ~r1orm~ by employees, contf'ltC1ors, aubgra,uees, an!:: other paye". I""" Eo,." lOc [nl.' the amount of .11 r'lrogrflm intome rudll~ In this penod that is re-qulrPd tty the term, end eon. dlltons 01 the federal award to be Ol':ducted from lot81 pmlf'C't cosh. ror nport~ fHf'l"IfI'l'd on e cun bJlsls, enur Ii'll' .mounl of cash interne received durinR Ihe ,..poninE Pf'riod. For report, prepereod on en accrual bailS. enter the emount, 01 Income rarnf'!Cl since Ihe bellinning of the reportine period. Wtlron the Irrms or condillons e1l0w pro,rllm Inrome to be .dded to Ih. lotal ftWlllf'd, explain in remen.s, the source, .mount end disposlHon of the Income. lOt Enter emount per1elnlng to thfl non.Fr<lerlll shue of program oullers Included In Ihe .mount .~..n line c. 10n Enter lotal amount of unliQuldele-O Oblil!lI~tlons for this project or prOBrem, includinF; unllQuld^led obliglltiOns to subBranteel and coni rectors. Unliquidated obligA' tions are: Cash buls---obllgetions Incurrl'd but not .p8id; Accrv~ expenditure bnia.--obli~ations Incurrt'd but tor which. en outlay has not been f'!corded. 00 not include any amounts that have be-t'n Included on IinC':'S a tnrr"ugh ,. On the: fin81 report, line h should heve e Zero balance. lOJ Enler the federal ,here of unliquldatP'd oblig8t1ons sO()\lfll'n on line h. The Ilmount sho.....n on this line should be the di"erence between the Ilmounls on linn h end I. 10k Enter the sum of the amounts shown on lines E and J. If the report Is final the report Should not contain any unllQulcteted obligations. 10m Enter the unobllgale<:l balence of Fedeflll fund~. This amount s:hould be Ihe dlNerente between lines k end l. 11 b Enter rat" In enect dunne the reporting period. llt Enler amount of the bas.e 10 which the rate wu applied. lId [nler total amount of Indirect cor;{ chuged during the report period. 1 h E.nIer amount of the Federal share Ch8fped during the report period. If mo~ then one rate was 8Pplied durin€, the proje-ct perlod., include a seDarale schedule showing bas.es against which the Indlfect cost rates ~re applied. the rnpective Indirect 'alt'S the month. 08)'. end year the indll"ect rates ~rt in eftect, amounts of Indlf'!'Ct ex. ptonn charl:ed to the project. and thl' Federal share of indirect expense cherged to the project to dale. A-110:6 .. , I -' Office of Management and Budget Circular A-110 (7/30/76) A-110:7 Approved by Office of ~,.n.R~mflnt and Bud,.t, No. 50-ROJ 82 FEDERAL CASH TRANSACTIONS REPORT 1. ftld!ul NKN'Isonnt all'ftCl' 'nd ofllfliulion.1 .I....."t \0 whlcll this upon i. IUbmit1.d (See instructians 071 the bcu;k. If report i.~ fM mon than one pranl or a.~sistance agreement, att,<Jch completed Standard Form rn-A.) 2. RECIPIENT ORGANIZATION .c. (.0....1 Innl 0( vt~., id.ntiliCl- 5. R..cipi.nl', KC'&U"I ".,mMr ... lion "umber io.r.tityilll lIu,"wr Nfnn~ : L l.n., of u.tit flU",b<< 7. ln1. p.y...""t 't'Owch., p\.u~bH Nwwtlur'f' Give total number for this period OM Str"et : 8. P.,mrnl Vouchen cr..oih.d I. 9. Yr...ury thee\. rKli",d ( Lok..tthrr )'OUr ac::c.oont err J\.Ot dr:po,iltd) City, SUJt~ 10. PERIOD COVERED BY THIS REPORT o..d ZIP Cod.: 3. FEDERAL EMPLOYER ~ FROM C'mofttk. dav. ...~r) TO (",ofttk, doy )'tor) IDENTIFICATION NO. a. Cash on hand beginning of reporting period $ b. Letter of credit withdrawals '. c. Treasury check payments 11. STATUS OF FEDERAL d. Total receipts (Sum oj lines b and c) CASH e. Total cash available (Sum oj lines aflnd d) f. Gross disbursements (See 8pecific g. Federal share of program income ins truc tion.~ on the back) h. Net disbursements (Line J minlLs line 0) i. Adjustments of prior periods j. Cash on hand end of period $ 12. THE A\10UNT SHOWN 13. OTHER INFORMATION ON LINE IlJ. ABOVE, REPRESENTS CASH RE- a. Interest income QUIREMENTS FOR THE $ ENSUING DO-v8 b. Advances to subgrantees or subcontractors $ t . 14. REMARKS (A /tach addit.4onal sheets oj plain paper, iJ mMe space is reqlLired) 15. , certify to the best of my knowledge and belief that this report is true in all re- spects and that all disburse' ments have been made for the purpose and conditions of the grant or agreement THIS SPACE FOR AGENCY USE 272-101 EXHIBIT 2 AUTHORIZED CERTIFYING OFFICIAL CERT! FICA nON SIGNATURE TYPED OR. PRINTED NAME AND TITLE (Ar.... Cod.) (Nv",b..,.) TELEPHONE DATE REPORT SUBMITTED (LztellW't.o") STANDARO rORo.l 272 (7-76) Pre,...ribfl'<1 by Otflce of Mllnl'l['~m..nl IInd AudQ"<<' I .I Office of Management and Budget Circular A-110 (7/30176) A-110:8 INSTRUCTIONS P1ease type Of print legibly. Items 1,2,8,9,10, lld, lle, 11h, and 15 are self explanatory, specific instructions for other items are as follows: Ie- E1ltry 3 Enter employer ioentific:ation number assigned by the U.S. Internal RevQoflue Servic:e or the F1CE(instifution) code. H this report covers more then one grant or other IIgreement, leave Items 4 and 5 blank and provide the informlltlon on Standard Form 272-A, Report 01 Fed. erlll Cuh TranS-llctiolu--Continued; otherwis.e; 4 Enter Federal grant number, egreement number, or other Identifying numbers if requested by aponsoring Il~ncy. 5 This spece r~rved for an account number or other Identifying number that may be anigned by the re- cipient. 6 Ente-r the letter of credit number that Ilpplles to this report.H 1111 advances were made by Treasury check, enter "NA" for not applicable and leave items 7 and 8 bl8 n k. 7 Enter the voucher number of the ~st letter-of-credit peyment volX:her (Fonn TUS 54(1) that was credited to your account. lla Enter the total amount of Federal cash on hand at the beginning of the rt'lporting period Including all of the Federal funds on deposit, Imprut funds, and und&- posited Trt'luury checks. llb Enter total amount of Feden,1 funds f9C1lived through payment vOlX:heo (Form TUS54(1) that were credo Ited to yoyr account during the reporting period. llc E~ the tota' amount of ell Feder&l funds received during the report)"" period through Treasury checks. whethef ex not d~ted. llf E..te(' the total F~' ClIsh disbursements, mllM ckIring the ~ period. klclvdlng cash received M ~m Inc.omc. Disbursements u used here also k-ocIude the amololnt of advances and payments Ies.s re+vnds to subgrarltMs or con tnctors, the gross amount 0{ direct ulariM and YoOe€K, includini the Entry If em emplopee's share of benefits if treated as a direct cost, IOterdepartmenti\1 charges lor supplies and services, and the amount to which the recipient is entitled for Indirect costs. lli Enter the Federal share of program income that was required to be used on the project or program by the terms of the grant or agreen:'.;nt. lli Enter the amount of ell adjustments pertaining to prior periods affecting the ending balance ttlat have not belln includ.d in any lines above. Identify each grant or llll'reernent for which edJustment was made, and enter an explanation for eIlch adjustment under "Remarks." Use plllln sheets of ~pe1' if additional splice is required. llj Enter the total amount of Federal cash on hand at the end of the reporting period. This amount should Include all funds on deposit, imprt'lst funds, and undepo~ted funds (line e, less line h, plus or minus line I). 12 Enter the estimeted number of days until the cash on hand, shown on line Ill, will be expended. If more than three days cash reqirements are on hand, provide an explanation under "Remarks" as to why the drawdown WIll made prematurt'lly, or other reasons for the excess cash. The requirement for the explanation does not apply to prescheduled or automatic: advances. 13a Enter the llmount of Interest earned on advances of Federal kinds but not remitted to the Federal agency. If this Includes eny amount earned and not remitted to the Federal sponsorinc agency for over 60 days, explain under "Remarks." Do not report lntNes! earned c>n advances to States. 13b Enter amount of advance to secondary recipients in. cluded in item 11h. .. ... 14 In addition to providing explanations as required above, Ciw additional explaMtion 6eemed necessary by the recipient and for ink>nnlltion required by the Federlll sponsoring agency in complillncl with governing legis- la-tion. Use plain sheets of paper If additional spac. is required. q- I .I Office of Management and Budget Circular A-110 (7/30/76) A-110:9 '~pp'o"ed by Office of Manelt'emf'n\ en, 8udvet. No. 80_ROIE:1 1. FEDERAL SPONSORING AGENCY iND DRGANIZA. 1I0NAL ELEMENT TO WHICH TH~ RlPORT IS SUB. MITHD 3. PERIOD COVEREl> BY THIS R(J>QRT (A. .h""',, 0" SF 171) FEDERAL CASH TRANSACTIONS REPORT CONTINUATION (ThiB fCT'm iB c"",pl,,,.d and all",hrd to StaNinrd FM'Tn 171 ""IV wh,,, ,.t_ro-rtinp 'mC1'"t th4n (mI prnl'lt (11" (l~8i..At(l7U'C aprttmtnL) 2. RECIPIENT ORGANIZATION (Gi'" "n.... onlV 11-' ,hOlL'" in i',m 1, SF 171) fROM I~o..u},. __,.. ._r) I TO (H_rJr~. 4.1.. .,,4'" 4. List information below for each rren\ or other asreement covered by tnll report. Use additional tarm!. if more space IS required. FEDERAL GRANT OR OTHER IOE"TIF I RECIPIENT ACCOUNT NUMBER I FEDERAL SHARE OF NET DISBURSEMENTS CA liON OR OTHER IOENTtf"VING NU....O[R NCT DISBURSEMENTS (v..ou CUMULATIVe (3how G ,ubtiiwwn bv other idfmLi.. ....".......... h.. "_0._'" .- HO DISBURSEMENTS tym", numbf'r. if _equired bv th. u...... .",........ FOR R[PORnNG f .d....nl Sp"""...,"gA D'''CV) PERIOD , a \ ( hI Id Cdl $ $ , . . \ . .. , ., 5. TOTALS (Shculd CO"T"PIJ'nd ".ith ".....un!.> .hew" on SF !71 "-' I fol,owa: cO~\.Lmn fe' t~ uun..t. Q..$ li.nt 1 Jh; eoJu.:rr~n fa) tht .1':m. o/Iines J J)oj GMd I JI, flf Ihls .SF ~7! o.J'I.d cumuLo.t\vt d1..Jbu,....emcnu !hO'U", 0'"' I tQ..CIt rtpO:rt. A. !toen "zpl.a.rl.ation ~I o.71.V diD~ren.c.Cl..) $ $ 2n-~Ol STANDARD FORM 272-J.. (7-76) P....crlt...,,' i.... 011..... "I Mc...oc..m--.t (T"ld S..d;...' Office of Management and BUdglt "'Iocular A-110 (7/30/76) .1 Approved by Office 01 Monelemenl and PAGE o. REQUEST FOR ADVANCE Budlel. No. llC>-RO 183 PAGll a. oor'..... ~ ..till....... 2. BASIS Of REQUEST OR REIMBURSEMENT 1. o AOVANCE o A[IMBU"S[. o CASH TYPE 0' M(NT ',AYMEHT b. "Z" tJw ...p&.ooN&. ... (Su .",trwdioM em bo.ck) REQUESTED 0 'IN....L 0 "AATIAl 0 ACCIltUAl J. ~~~~~H~:OR~~I:~S Ast[:SI;':[~O ORCANllA110NAL ~lEM(NT TO .. .[O[OAl GIlANT 00 OTH[O ) Ii "OTiM: .PAY"'NT O[QU~ IDENTIfYING NUMBER ASSIGNED NUMBE.R fOR THIS REQUEST BY rt.DEAAL AGENCY L U,PlOY[R IO(NllrICAnON 1" O[el',[NrS ACCOUNT ..U..,[O B. PERIOD COVERED BY THIS REQUEST HUWSE" OR IOEHllrYlNQ HUMBER rRO" (_" ~.. ....rJ TO t_&A.. ......-.-) to R(Clpt[HT OIlGANIUTlOH 10. ''''Y(E (W"-. ~.... k,_C WI "'.r_1 u.- i~') H.~ : 11-.- : H_'" H_'" .~ 'In<< : .-l.sl,..c : C.,..llI...... C",.S.... .u Z1r C"J.. : ..01111' 1:'..10 : 11. COWPVT A TlON OF AMOUNT OF REIMBURSEMEHTS/AlWAHCES REOUESTI:D ..- (co) (h) (e) PROGAAMI/FUHCTIONS/ACTIVITIES ~ TOTAL a. Total prtlfram (A. of dGl.) outlaYI to dalo $ $ $ $ b. J.,...: Cumwlet;v. DfORram .ncome c. ~.: ~m outleys (Lnw 0 "'~ d. ~mated net C8lh ou<<ayI for advance per10d .. T"'-I (SM'" of n..... cI: dl 1. Non-Federal.....re of amount 0f1 Hn. . .. r ederat ttMre O'f amount on line e h. federal peymentl previouaty requKted -. 1. Federal .h.,. no.w requened (U~ p .............. htw ") ). """"nee< rtoQuired by lot month mont h. wn.n noqu..t..c1 bt 'eoeral .....rrtor eg.ncy for u... In makinr ~. 2nd month tclM<Swled advencea 3rt! monltl 12. AlTl:RNATl: COMPVTATlON F'Of\ ADVANCES ONLY ao Ut;melod Foderal cnh outley, that will be made durinc period COYe<od by tho edvanc. $ ~. Lu.: Estimated bel.nee of federal ca.h on hand., of beVinning of edYBnc:e period t. Amount r.quM'ted (U"", 4 minwl Ii"", b) 13. CEJlT IFlCIHION SICNA T\lRE Of A\lTHORllEO CERTtf"YINQ Of"CIAL I DAT( REOU(ST SUBW'TTLD I eartHy Ihot \0 the beot 01 my hnowlod,. and belief the data .bow are correct and tMl all outleY' were made in accord. net' TYno OR. "'UNTED NAME "'"0 TtTL[ Mth the Q'r'Ilnt conditions or other .lrM. ",enot and that payment i.. due and ha. "'at ...n prwvlou.1y r.ou_ed. r-.- I.......... TD..(,.,..ON[ (-~ N. op.Ke Iw ....-r ..- %7<'-101 EXHIBIT 3 aTANDrAI8' P'OfllM no (7-76) ~K"~bed b7 Oft\~ ifili ...........".."' ..n' 1aUCllre\ CIRCuL loR NO. A.1I0 Federal Grants MarlaQement Handbook September 1978 A-110:10 '\ .. Appendix I -r~\ I .1 Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or print legibly. Items 1. 3. 5. 9. 10. II c. lIe. Ill, II g, II i. 12 and 13 are self.explanatory: specific instructions for other items are as follows: It.... Ent", 2 IndiClte whether reQuest is prepared on Clsh or ac. cruf"d expenditure: buis._ All requests for adv.nces shill be preparf'd on II cesh basis. Enter the Federal grent number, or other identifying numbe-r auigned by the }:ederal .pon~orinl agency. II the _dvence or 'eimbu~ement is lor more then on. If'll"t or other egre-emenl, In!oert N/A.: then, sho..... the BBErell-te amounts. On a s.eperete .hed, list .lIch grant or egt'ftment number end the Federal shere of outlays m80e 1118i"SI the Irani or agreement. 6 Enter the emp'oyer 'dentilic8tion number anigned by the U.S. Internal Rrvenue S4Nice, or the FleE (in.titu. tlon) code it ~ut"S1.ed by the Federal agency. Thi, spec_ is rnerved tor an account number or other Identityint number thet ma)' be assigne-d by the recipient. 8 Enler the month, dey, and year tor the beginning and ending 01 the peoriod covere<l in this ,~uest. If the ,..,. Quest i.. tor an aovance or for both an advance end n. imbvfl.ement, "hOW the period that the adve nce will cover. II the r.Que'lt ... tor r.imbunement. show the p.riod ior whiCh the r.imbunemenl is requested. Note: The fed.ral sponsoring agenciu haw the option of reQuirins rec:ipil'f1tl to complete Iteml 11 or 12, but not both. Uem 12 should be: uJ.ed when onl)' a minimum emount of intormetion is n&eded to make en advance end outlay information contained In Item 11 Clln be obtain.d In e timely manner from other rcportl. 11 Th. purpose. o. the vHhcel ~umnl (e), (b). and (c), j, to provide _pece tor seperete cost breakdowns when a rro;ect has been ptann..cl and bwd@ele-d by program, junction, or activity. II additional columns are: neede-d. 11,.". Entry Ul!: U man)" additional torms .s n~ed end in(1iule pale numtMtr in space provided In upper right: hoN' rver, the summary tohls ot ell prosreml, tunc-lions, Of' ac1lvilies should be shown in the "\olel" colu'nn on the first page. J h Enter in "u 01 d"te", the month. day, end yel!lf of the .nding 01 the accounting period to W'hi4'"tl this emount applies. Enter program outlays to detf' fr'et of relund... rebel". and dlscoonh), In the eppropnete columnl. for reQu~ts ....repared on e cash buis, ouUaYI are the .um 01 actual c.uh disoors.tmenu tor 100<11 and s,.erv. tc~. the amount of indirec\ expenses Chafled, the v.lue of in.kind cont,ibution., applied, end the amount 01 CIIlh edvAnce-s and paymenu made to lubeontrac. ton end lubrecipients.. for requests prepered on an accrued e~pendi\ure basis., OUtlll)'S ere the s.um o' thf actulIl cash dlsbun.ements, thp. amount of Indirect U.' penses incurred, and the net Increas.e (or decrease) In the amounts owed by the recipient tor loods. and other property received Bnd lor servtC"" ~"'ormed by em. ployees., contl'1lCb. subgrantees and other paye-es.. 1 J b [nltt the cumullltiyc cash income received to date, H reounls .,t prepared on I cas.h balis, For ri!'Que-sts prepar.ct on an aecf"\M'd expendttun bas.is. enter the eumuletive income eamed to date. Unde< ,l1hl" bas;s, enter only the amount applicable to pr0gr8m income that W81 required to be us.tKj tor the projed Of pro- ,ram by the terms 01 the grJInt or other agreement. lId Onl)'...men milking reQuests for advence ~ymlfnts. enter th. total .s1iman,d emount 0( c;.as.h ouUeys that ...nil be mad. during the period covered by the edy.nea, 13 Complete the certiflc.tion b1ftor. submirting this reQuest. .. A-110:11 '\ I .I Office of Management and Budget Circular A-110 (7/30/76) Appf"Ov~d by Office of Manlllement and ~ACE or OUTLAY REPORT AND REQUEST fOR REIMBURSE. BudRot, No. Bo-R01BI rAQrs MENT fOR CONSTRUCTION PROGRAMS 1. T'Yf'l 0' "'(OU(51 1. ftA$IS 0' A[QUtsl (.c:.~, ''''1'ntd,lMU Oft back) 0 fiN.....\. o "AJHIAl o CASH o ACCIltUAl J. HO[AAl ,PONSORINQ AG(NCY ,.NO ORGANIZATIONAl. H[uLNT TO C. ([D(U.l CRAHT all OTH[R s.. 'ARHAL PAYMUH REQUEST HO. WHICH THIS REPORt 1$ SUB/IollTIED IOENTlNtNO NuWeUI AS.$ICNlO BY flO(AAL AGENCY 6. ~~~l80(YFl[A to[NTlnCATION 17. .[C,.,[NT ACCOUNT O. OTN'. nl10b CO'fDtP t1' ntn: Idron IDlNTlfYlNQ HUhC8(A '''0'' IN-"'. ~,. ...-.-1 TO tltl~ .... .-.J I. RtCI",'ENT ORQANllATIOH ID. "AYU I"'~"".......u... -' U 4J.I--' u.- U-" H._ , H_ : N.. .~ N......, ..- , ...... : cu" "'"" $LaU ..wI .5...... ..., ~/f' Cod.. : Z'I' C_.: 11. STATUS Of fUHOS PROG RAM5--fU NCT ION s--.o.CTIVI TI [S CLASSIfiCATION (G) (b) (e) TOTAl ..- .. Admlnlstr!hve "xpen,e $ $ $ , $ b. PrellmlnBry u.penM c. Lend. ItNcturu, nght-of.wIY d. A.rehitKtund engineering besle fefl I 8. Other erchltectural engineering froe, I, Project Inspection 'eon I E. und development I h. Relocl!ltJon expense I I, Relocation pZlyments to Individuals end businesse~ I, Oemoll1.loo end removal . k. Construction and project Improvement I cosl I. EQuipment m. Miscellaneous cost n. Total curnulltive to dele (sum o,"lines I I II thru m) o. Deduction! 10r program income I p. Net cumulative to date (Line n minus I line 0) . . o. fedoral share to oa\e I I r. Rehabilitation Brants (100% r.;m.' bUr'lemenl) .. Toul federal share (sum 01 lines Cl I I end r) t. Feoeral payments prf'viously re., quested u. Amount reQue-sled for reimbunement I s v. Percentas! of ph~ic.al completion of I project 12. CERTIFICATION I certify that to the best of my knowledge Bnd belief the billed cost~ or disburse. ments are' in accordance with the Irrm1 of the project and thilt the rt'imbun.ernent repreunh the Federal shere due whitt, he, not been previously reQueste-d end that an inspection has been per10rmed .!lnd 1111 'HOrk is In lItcordance with the terms of the ewud. :'lI-J01 EXHIBIT I Is I Is I Is % % 3IGHATUR[ 0' AlITHQRll(D CERlInlNG O"ICIAL. % .. R[CIPIENT TYPED OR PRINTED NAME ,,~O Till[ IDAT( R[F'ORl SUBMITlLD I TEL[,.HOH( I"'.... coW, .._b~ .... _..-) DAn SIC~[O SION,l.TUR[ 0' AIJTHORIZ[O CERTlf'YING 0" I CIA\., b. Representative certifying to lint 11v. TYPED OR PRINTED N""'[ AHD TilL.[ Tf;l'[PHON( t.A.- rcoU ,..-J.rr --" ............, "......O"'Rn ron... :71 17-761 "...,..~OI.."" t., (1M.,,;. n' t..\.n.,...~."'" .n('I f\urtrPl A-110:12 .. " % " I .1 Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS PI~e,. lyp<l0< print legtbly. 1\""'.3....5.8.9. 10. 1 h. and llv are ..If-expl"""lory; specific instructions for othar It~m. ... as tollOWl: It_ ......., M.rk ..... ...,.,.,tef'....w flIoIt. H th_ reQueS't .. tin.... the ._.......... ~.... ...,Ld .....,......... the .....1 00IIt of bot. --- Z Itw-' ~"h.... aJllOOunb an ~ en ... .c:erved lIlXip4n4tw,. .., ..~ thl~.1"'t ......... ........r .... .""l"'-V.r kk-nUf'tcrJtt1on AumMr .........d by the U.S. Int.""",," A......n.. ~e let" ne( (klstltvhon) ood. ~ 19quenoe l>y _ '..,.....1 _I'C)'). T1"lli .,..c. k ~ tor an aCO(lUnt "umber Of' ~"' klenltty1na __ "* ""'Y N .......,j by - .-It>I.nt. II Th. ~ 0{ __I _m... 1-1 IhlOlJllft Ie) k III ,.JlfW'io. ~" t.f ...,.,.,..,. ...c. ...,...~ ~ . _t1I411 p~ h.~ ~ ~ft""" aM ~ed by pt'Oo .""". ~" Of M"ttv11y. tf "~I'\al ~umnc are ~ed. UK a, .....ny .6dttlO"1!J1 kwtnc .. ......eject aft14 ...00'. ,...,. fWfnMr tf\ .,.... ~ in ...... right; ~r. -.n. ~ma'Y ~k .( .N ,.rogt1lrnc." tv..... "'nl, N .~ ahould t., .~ In ,he .~,... eoIumfl en the aM ,...... All .~ .... ~ecI eft . .umu~ MM. 1.. I""",, ........... _ndod Ie, woh -.. K mr-l. ~I ..... nont.II1. m \Il9hlc.t.t.l and' .,.., II't'heor IIdmtnl'StrwttY'O .....~. ~. the .meum of "tnt.f'tISlt ~ "",.n ._ by ""'l/,,.... ~""'. "*' .- \tw amount M ~ ....,....... . ..p.nrw ""..t., lilt -.. _ ~"lnE too _ -n. of \oocat;"C .nd .~lnc. tneking w.u~ .....cf ......p&" s.i"~nc '-'t 1-01... .nd .. _ """'" -"Ired prio< III _I eo...... ....1lIIl. Uc _.R ....__ dlreelly __ wttII u.......... _ ,.( Iond. ......r ..""""_ 'M ...led ri8ht-o(. ........ I~ _ _ _.... _1M a..hlt~nl "".___ 1 ). Ent.r........, .rriltt.ctu~1 en~1"f: ~. Do not Incluo. anr .~--U ....... ~ line d. III l_~. _ _ _ of ...........-. _ -~ III [_ .IC __ __ _h .... _...-.I of _ _.... Oh. "nm.ry ,...,.... of tho ,...nt ;c Iond ~_. The ._ ......"';"1 '" Iond "-'"lo9- ~ ~ -..o.t:ed with I'nejor cenclf\lC'tlon ~ ... ..ow~ Jf'9n\ tn.i& c.-l-eory and ent"" on _ k. Ilk lMo<____"'~_ ~.~..nod ~ c:osts O'f ~n(~.. ""c: t-ct ~). Do not indvd. ..-..ountl. ~ed tor '.......ho" ..omin;.u.;.i... ~ ""'-'t ."",",na. IlftOwId 1M ;..dwde4 1ft ~ ....own on ...... .. II I f.M<o' .... .moun! 0<1 _1?0o pe,....,..,ts ....... ~ .... f'eCIP\.ent '0 ~ISpLaead ,...,...0"'. Ie",,",. bYsinea. con. c.ms., and ftOftP'fO_ OIWenlLwti~. ,...... X-,. 11' [l'Itef ~ ..'-nn .ftId ~ at' .mploy..... of the ..ctp6eonC .rotd ".)""'M'"ls to t....rd petty contnw:ton. (t;. ..cur ~ in pertonninl O..-notttlOn or r~1 of struc:tur-. fnJIm ~ '-f'ld. AA proe..o& trom the ..... of ......... or ttM ~I of strvctu,.. ..houki be cndfted to thM KCOUnt; therwby ,..l'\ectinl ,..eo{ .~..u. it requu.d by ttMI fMlenlll as-MY. Ilk [Mer tlloM anlOUl'Ils euociRted with the .ctuel con. ~ of. ao(htkH\ "c. or rffioratton 01 II facility. /IIho. 6nduck in the. eat~. the amOtJnh 'Of proj.et 'm~ ..-ch .s ............ ..,........,. .."'OKApl"i. - 1lcMl.... l)f Em<< emotllnb ..". aM .qutpme..t. bott"l t\.e<t and mo'l'. .bk. ..eN"'" e,( eqvlJl""ent uW'd tor constNettOn. "Of eu.mP'e. ".rm.lWntty ",ttKhed lrIb0r8tory 'lJble~. buwt. '" Mldio ~ ..)"~hof""" "'(NlJ~. dnks, chain., and ~ equ;pm.ooL 11", ~""'...-nounts 'Of aM "'-ma not sPKUkaUy men. -..; -. 11" Ent.... the ~I cumvl.trttw. amount to dele 'Nhlch .noukl ~.... MHft of .nes a ""l"OUI'h m. 1 Le I:nter the ~ ..rl(M.mt. of prQ@'rBm I"com~ applied to ... ....nt or cont.r8O'l. ~.rrt Deep( Income In. ........... -*" ~ J. Identify 0f'I . "'pIlI",'e shM't of paper the MJlUR:aS and type& 01 th.e 'ftl$Om.. 11, !.mer the IW't cumul.et:i'w amount to deh which shovk1 tic the .~ ~ on HIM' n minus the llmount ... ti.,. o. 1lo1 -"'1'" -.4 _.. of lho .mount .hown on II... p. ) 1r Entwr the ~ of r9heblllt..etlon .",nt peymems IIrwct. to ind+YWuek -....tlen prar,...m "'i.~"tioft prov<ln. 100 __ peyonent ~ tho fed.....1 .".ner. III [nlKlho _ _ ,.( F_nl poyn-.ts pnov;.,u.ly --. " thk "'"" 10 _ lor ~I ,.om. .....-.. }).., ........ .... ...-oul'l( now ~nc r--q~ tor ~rM' ~ n. ~ tAoukl 1M tha Gi"~~nc. ~..n the ............. .--, .... ........ . .nd t. If din.unt. ... ...... -. --- 1h To N ~.., l>y .... ~ omc!.l who to ,.. ~ tot" ttw oetention cI .... pror"""". Th. dat." ~ "' 'he .au.aJ .... ....... Ionn i. submirted \0 the F_I._. lZb To be camP"" by ""'- ~ rep~,.",,,t1V't whO 1& c.rttty;nc .. the peoroP'" of pt"Ofe<.1 compl.tion as pt'WYidad tor .... WM ,-""s 0( the 'Nn\ or .Cf"eoeoment. A .110: 13 '\ I Office of Management and Budget Circular A-110 (7/30/76) ATTACH MENT H.-CIRCU1.AR No, A-I I 0 MONrf'OJUNG AND REf'ORT1NC T'F:.OCRAM PERFORMANCE I. This attachment sets forth the proce- dures for monitoring and reporting program perform..nce 01 recipients. 2. Recipients 'shRll monitor the perlorma:lce under grants and other agreements and. where ..pproprl..te. ensure that time sched- ules are being met, projected work units by time periods are being accompllshed. ..nd other perlormance goals are bel ng achieved. This review shall be made for each program, function, or activity 01 each agreement as set lorth In the approved application or award document. 3. Recipients shRll submit a performance report (technical report) lor each agreement that brletly presents the lollowlng InlormR- tlon lor each program, function, or "ctl\'lty Involved as prescribed by the Federal spon- soring agency: a. A comparison of actual accomplishments with the goals established fo.r the period, the tlnc!lngs of the Investigator. or both. II the output of programs or projects Can be.readlly quantltled. such quantltRtlve data should be related to cost data for computation of unit costs. b. Reasons why established goals were not met. c. Other pertinent Information Including. when appropriate. analysis and explanation of cost overruns or high unit costs. . 4. Except as provided In a and b helo"'. and In subparagraph 3a( 1). Attachment G. recipIents shall submit the performance or technical reports to Federal sponsoring agen- cies and the Financial Status Reports cov- ering the same perIod In the frequency estab- llshed by Attachment G of this Circular and, where approprln.te. ... final technIcal or per- formance report a/ter completlon ot the project on a date specified by the Federal sponsoring agency. The Federal sponsoring agency shall presc.rlbe the frequency with which the performance reports wlll be sub- mitted ...1th the request for advance or reim- bursement when that form Is used In lieu 01 the Financial Sta tus Report. Except as pro- vided lor In paragraph 5 below, perlormance reports shall not be required more frequently than quarterly or less frequently than an- nually. Federal sponsoring agencIes may waive the requirement for reCipients to sub- mIt perlormance reports with the financial reports under the following circumstances: a. When the recipient Is required to sub. mlt a perlormance report with a continua- tion or renewal application. b. When the Federal sponsoring agency de- termines that on-site technical Inspections and certified completIon d..ta wlll be sum- clent to evaluate construction projects. c. When the Feqeral sponsoring agency re- quests annual financial reports on a fiscal year basis but It Is necessary to get Rnnual prcgr"s.s reports on a calendar year basis. 5. Between the required performan~e re- porting dates. .events may occur that have significant Impact upon the project or pro- gram. In such Instances, the recIpIent shall Inform the Federal sponsoring agency as soon as the following types 01 conditions become known: a. Problems. del..ys. or adverse conditions that will materially arrect the ability to ..t- taln program objectives. prevent the meet. Ing or time schedules and goals. or preclude the attainment 01 project work units byes. t..bllshed time periods. This d!~closure shall be accompanied by a statement 01 the nctlon taken. or contemplated, and nny Federnl as- sistance Deeded to resolve the sltuntlon. b. Favorable developments or events thnt enable time schedules to be met sooner than ..ntlclp/l.ted or more work units to be pro. duced than orlgln..lIy projected. 6. If any performance rHlew conducted b,' the recipient discloses the need lor change I~ the budget estlmates In accordance with the criteria established In Attachment J Co thIs Circular. the recIpient shall submit a re- quest tor budget revision. 7, The Federal sponsoring agency shnll make sIte visits as lrequently as practicable to: a. RevIew program accomplishments and management control systems, and b. Provide such technJcal assistance as may be required. 8. Federal sponsoring ..gencles shall submit proposed technIcal and performance r~ports to the Olflce 01 Man/l.gement /l.nd Budget tor npproval In I\ccordance with the report clear- ance requirements 01 OMB Circular No. A-<40 as rel'lsed. ATTACHMENT r.--cmC\JLA" No. A-I 10 rA1"ME)'o1T RCQU1RCMENTS l. This attl\Ghment esta.bJlshes the re- quired methods of making p..yments to recip- Ients. These methods will mInimIze the time elapsing between the disbursement by these recipients and the transler 01 funds lrom the UnIted States Treasury to thcse recIpients whether such disbursement occurs prIor to or subsequent to the transler of lunds. 2. Payments can be made to recIpients through a letter-ol-credlt. an advance by Treasury check, or a reImbursement by Treas- sury check. The lollowlng definitions apply for the purpose ot thIs attachment: a. Lctter-of-Credit.-A Jetter-ot-credlt Is an Instrument certified by an authorized olfl- clal or a Federal sponsorIng agency that aU- thorizes a recipient to draw funds when needed lrom the Treasury. through s Fed- eral Reserve bank ..nd the reclplen t's com- mercial bank. In accordance with the prol'l- slons ot Treasury CIrcular No. 1075, as re- vised. b. Advancc by Treasury check.-An ad- vance bv Treasury check Is a payment made by a TrellSury check to a recipient upon I~ request belore outlays are made b)' the recipient, or through the use ot predeter- mined payment schedules. c. Rcimbursement by Treasury check.-A reimbursement by TrellSury c.heck Is a Treas- ury check paId to a recipient upon request lor reimbursement from the recipient. 3. Except for construction grants and other constructIon agreemen ts for which op- tional payment methods are authorized. as described In paragraph 5, the letter.ot-credlt method shall be used by Federal sponsoring agencies If all of the following conditions exist: a. Il there ls or wUl be a continuing rela- tlonshlp between a recipIent and a Federal sponsorIng agency for at least 1\ 12-month period and the total amount 01 advance pay- ments expected to be recell'ed 1.:lthln that pe- riod from the Federal sponsoring agency Is $250,000 or more. as prescribed by Treasury Circular No. 1075. For Joint lunded projects the Treasur)' has authorLzed a dollar criteria or Sl20.000. , b. it the recipient has established or dem- onstrated to the Federal sponsoring agency the willingness and ability to maintain pro- cedures that "'ill minImize the time el..ps- Ing between the transler ot lunds and their disbursement by the recipIent. c. II the reclplent's financial management system meets the standl\Ids for lund control and accountnblllty prescribed In Attachment F to thls Circular. "Standards for Flnanclnl Management Systems." ~. The method 01 advancing funds by TreasulY check shall be used. In accordnnce with the prol'lslons ot Treasury Circular No, -I A-110:14 1075, when the recipient meets ..II 01 the re- quirements speclned In paragraph 3. ..bove. except tllo~e In .ubpan'graph 3a. 5. The reimbursement by Treasury check method shall be the prelerred method II the recipient does not meet the requirements specltled In subpnrl\gr..phs 3b and 3c. ..bove. At tile option 01 the Feder..1 .ponsorlng agency, this method may ..Iso be used on any constructlon agreemen t. or II the m..jor por- tion 01 the progt..m Is accomplished through private market nn..nclng or Federl\1 loans. ..nd the Federal assistance constitutes .. minor portion 01 the program. When the re- Imbursement method Is used. the Federnl sponsorl ng a~ency shall make payruen t within thirty days atter receipt 01 the billing. unles, the bllllng Is Improper. G. When the letter-ol-credlt procedure Is uscd. the recipient sh..1l be Issued one con. solldnted letter-ol -credl t whenever possible to cover antlclpnted cRsh needs for ..II grants and other agreements awarded by the SpOIl- sorlng agency. Likewise. to the extent possi- ble. when the ..dvance by TreRsury check method Is used, advances should be Clln- solltlnted (pooled) lor all grl\nts I\nd other agreements mRde by the sponsoring agency to that recipient. ' , 7. Unles3 otherwise required by I....... Fed- ernl sponsoring agencies sh..11 not wIthhold pnym~nts lor proper chl\Iges made by re<:lpl- ents at any time during the project or pro- !:rl\m period unless (1\) a recipient hl\s hlled to comply with the program objectlves. award conditions. or Federnl reporting require- ments: or (b) the recipient Is Indebted to the United St..tes, and collection or the In- debtedness ,,'111 not Impair accomplishment ot the objectives of a project or program sponsored by th ~ United States. Under such conditions, the sponsoring I\gency may. upon reasonllble notice. Inlorm the recipient thl\t p..yments will not be msde lor obligations Incurred ..rter a specified d..\,e until the conditIons are corrected or the In- debtedness to the Federal Government Is liquidated. ATTACHMENT J.--cmc\JLAI< No. A-1I0 REVISION or FINANCIAL PL.ANS 1. ThIs attachmen t sets forth crl terla and procedures to be followed b)' Federal spon- soring agencies In requiring recipients to re- port .devlatlons from financial plans and to request approvals for financial plan re~ \'Islons. 2. The financial pl..n Is the financial ex- pression 01 the project or program as ap- proved during the application ..nd/ol' Q....ard process, It may Include either ~he Federa\ and, non -Federal share. or only the Federl\l share. d~pendlng upon sponsoring agency require- ments. It should be related to performance lor program evaluation purposes ....henever ..pproprlate ..nd required by the Federal sponsoring agenc)'. 3. For nonconstructlon awards, recipients !:hall Immedlatel)' request approvals from Federal sponsoring agencies when there Is reason to belle\'e that within the next s~ven d..ys a revision wlll be necessary for the follo....lng reasons: n. Changes In the scope or the object\l'e ot the project or program. b. The need for additional Federal lund- Ing. c. The transler of amounts budgeted lcr IndIrect costs to absorb Increases Indirect costs or vice versa. U approval Is required by the Federal sponsoring agency. d. The expenditures ..s require approvnl In I\ccordnnce ....Ith ,MC 73~. "Cost Prlncloles lor Educational Institutions," For all other awards. approl'al reQuirements for other Items 01 expenditures may be Imoosed II they nre consistent ....Ith those In ,Me 73~. No other requirements lor specIfic Items ml\Y be I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless a devlatlon hB8 been ap- proved by the Ollice 01 Management &od Budget. e. Recipients plan to tr...nsrer tund6 ...Ilotted tor training allowances (dlrect payments W trainees) to other categories at expense. 4.. None at the substantive programmalle work under... gr...nt or other ...greement m...y be subcontrncted or translerred wUhout prior approval 01 the Feder...1 sponsoring agency. This provision does not apply w the purchase 01 supplles, materlnl, equipment, or gener..1 6upport services. 5. The Federal sponsoring Il{;ency mRY also, ..t Its option. r<",trlct translers 01 funds c.mong direct cost cn.l.cgorlcs lor awn.rc16 In ",'hlch the Federal shAre exceeds UOO.OOO when the cumuln.tlve alIlount 01 such tr...ru;- lers exceeds or Is expeeled w exceed !lve percunt ot Wle totn.! budget as last approved by the sponsorlng agency. The same crl\.erls Shall a.pply w the cumula.tlve amount 01 translers among progra.m6, lunctlons, and ...otlvltles when budgcted scparal.cly lor an ...ward, ex.cept that tbe Fcdeml soponsorlng Il{;ency shall permlt no trn.nsler tbn.t would cause ..ny Federal appropriation. or part thereof, to be used tor purpooC6 otber tban th05c Intended. 6. All other Changes to nonconstructlon budgets. except tor lhe ch..nges described In p..ragraph a, below. do not req ulre ap- proval. This Includes the use 01 reclplcnt tunds In furtherance 01 program objectlves over and above the recipient mlnJmum sbllTe Included In the approved budget. 7. For construction a.....ards. recipients shall request prior "pprovals promptly Irom Federal sponsoring agencies lor budget re- visions wherever: .... The revision results trom changes In the scope or the objectlve 01 the project or program. and b. The revision Increases the budget amounts 01 Federal tunds needed to com- plete the project. a. When .. Federa.! sponsoring ..gen::y makes an a""a.rd that provIdes supporL,IOr both construction and nonconstrllctlon work. the Federal sponsoring ..gency m..y require the recipient to request prior approval Irom the Federal sponsoring agency bclore m:>klng any lund or budget tr.anslers between t~e two types 01 ..'ork supported. 9. ror both construction ..nd nonconstruc- tlon aWllTds, Feder..l sponsoring "gencles ShAll require recipients to notlly the Fed- er..l sponsoring ..genc}' promptly ",'henever the ..mount 01 FedersJautborl.zcd lunds Is expec1.ed to exceed the needs 01 the recipient by more than $5.000 or flve percent of tbe Federal llward, ..'hlchever Is greater. This notification wUl not be requlred 11 appllea- tlons lor ..ddltlonal lund.Jng are submJUed lor contlnulng grants or contracts. 10. When requesting ..pproval lor budgct revisions, reCipients shall use the budg"~ lonus tha.t were used In tbe appllcatlon unless .. letter request "'ill suffice. 11. With In 30 calendar da)'s Irom the date 01 receipt 01 the reques~ lor budget reTI- slons, Feder..1 sponsoring I\gencles shall re- vie"" the request and notify the reclplcnt whother the budget revisions have been ap- proved. II the revision Is stili under coo- slderatlon at the end 01 30 calend:>r d..ys. the Feder..l sponsonng "Cency shall lnIorm the recipient In wrltlnr of the date when t.be reCIpient may ey.pect the dccl.lon. ATTACHMENT K.--CmCUu.R No. A-I10 CLOSEOUT PROCr:DunES 1. This attn.chment prescribes untform closeout procedures lor Federal g'rants and other I\greements with recipients 2. The tollowlng definitions shn.il apply lor the purp06C 01 tht. attachment: ... Clooeout.-The closeout 01 . grant agreemenl Is the proceas by which a Federal sponsoring ageney del.crmlnee tb..t ..11 ap- plleable admJnlsl.r&tlve actions ..nd all re- quired worl< 01 tbe agreement have been completed by tbe re<:lplent and the Pedcral sponsoring agency. b. Dole 01 completion.-The da'" 01 com- pletion Is tbe date on whlcb a.! I worl< under grants ..nd otber agreements Is complel.cd or the date on 'lbe aW&Td document. or ..ny , supplement or amendment therew. on which Pederal sponsorship ends. c. Duallowed co.t..-Dlsallowed costs arc those ch..rges to a grant or otber arrreement that the Pederal spOD-'<Orlng age ney or It... reprcscntJ\lIve del.crmlnes to be ulll\lIow- able, In I\ccordance wtth tbe appllcable Fed- eral cost prIncIples or other conditions con- tained tn tbo agreements. 3. All Federal sponsorlnc ageocle.~ shall cs- tabllsh closeout procedures tb..t Include the lollowlng requirements: a. Upon request, the l"c<Ieral sponsoring a[:cllcy sball make prompt payments to a recipient for ..llow..ble relmbursl\ble cosls under the grant or othcr ..greement being close<! out. b. The recipient sball immediately refund any bl\lance 01 unobllg..ted (unencumbered) c!l-Sb that tbe Federal sponsoring agency Ims advanced or pl\ld ..nd th..t Is not authorized to be retained by the recIpIent tor use In other grants or other agreements. c. The Feder..1 sponsoring agency sball ob- taln from the recipient wttbln 90 calendar days alter the d..te 01 completion 01 tbe ..greement ..U tinanclAl, perlormance, and other reports requlred as the condItion 01 the a.greement. The ..gency m..y grant extensions when requested by tbe recipient. d. When ..uthorlzed by the gr..nt or otber ..greement, the Feder..l sponsor Ins ..gency sball make a settlement lor ..ny upward or downw..rd ..djustments to tbe Federal share 01 costs arter these reports are received. e. The recipient sh..Uaccount lor any prop- erty I>Cqulred wltb Feder..1 lunds. or re- ceived lrom the Government In aceord..nce wltb the proTlslons 01 Atu.chment N to this Clrcul..r. Property Man..gement Standards. r. In the event a final audit ha.s not been performed prior to tbe closeout 01 the grant or other agyeement. the Federa.! sponsoring 'llgeney sball retain tbe rIght to recover an ..pproprl...., amount alter lully considering the reco=endatlon6 on disallowed costs re- sultlng from the tinal ..udlt. 4.. Suspension and termln..tlon procedure. ..re contained In Attacbmcnt L to tbls Clr. cul..r. ATTACHME:NT L.-CIRCULA. No. A-IIO SUSPENSION A.ND TERNLNAT10N PROCEDUJtI:S 1. This ..ttachment prescribes unUorm suspen...lon and termln..tlon procedures lor Feder..l gr..nts ..nd other agyeements with re::lplents. 2. The lollowlng definitions sh..ll apply tcr the purpcse 01 this ..ttachment: a. Tcrminolion.-The l.crmlnatlon 01 a grllnt or otber agreement means "he Cl\n- cellatlon 01 Feder..lspoD-'>Or5hIP. in whole or in part, under an agreement ..t aDY tlme prior to tbe d..te 01 completion. b. S1L!pcnsion.-The suspension of .. grant or other agrccment Is an ..ctlon by .. Federal spoDSOrwg agency tbat temporarUy su~- pends Federal spoDs~rshlp under the grant or other "(iTee'i"ent, pending corrective ac. tlon by the recipient or pending a decision to termln..te the gr..nt or other ..greement by the Federal sponsoring agency. ;3. All Federal sponsoring acenclcs shall provlOe procedures to be lollowed when a recipient bas IaUed to comply wlth Lhe l.crms -I A-110:15 01 the grant or other I\greement and condl- tlorlS or stAnd..rds. When th...t occurs. the Federal sponsorlns agency may. on reMon- able notice to lhe recipient, suspe~d the grant or other agreement, and withhold lur- tber payments, prohibit the recipient Irom Incurring ..ddltlon..l obllgatlons 01 lunds, pending corrective action by the rcclplent, or a deelslon to termination In ..ccordance with par..graph 4. The Federn.! sponsoring ..genc)' sh..ll allow 1'1\ necessary and -proper costs that U,e recipient could not reMonablv avoid during tbe period 01 .uspenslon provld~d that they meet the provisions 01 the nppllcable }"e<Icral cost principles. 4.. Federal sponsoring agencies sh..lI pro- vide for the systematic settlement of ter- minated grants or other agreements Includ- Ing the lollowlng: a. Term/nation lOT couse.-The Fedeml 'ponsorlng agency ma)' reserve the right to termInate any grant or other agrecment In whole or In part at any tIme bel ore the date 01 completion, whenever It Is determined that the recipient has I..Ued to comply wIth the condlllon. ot the agreement. The Federal spon.orlng agency shall promptly notify the recipient In ...rlllng 01 the determlnn.tlon and tbe rensons lor the tcrmlnatlon, together ..'Ith the efTectlve date, Payments made. to rcclplents or recovcrles by thc Fedeml spon- soring agencies under grants or other "Cree- mcnts terminated lor cause "hall be In ac- cordance wIth the legal rights and lIabUltles 01 the parties. b. Tcrmin<1ticm lOT ecmveniencc.-The Fed- eral sponsoring agency or recipient ma)' ter- mln..te grants and other agreements In whole or In part when both parties agree thltl the continuation 01 the project would not pro- duce bencficlal results commensurate with the lurther expenditure 01 funds. The two parties Shall agree upon the termination con- ditions. Including the efTectlve date and, in the case of partial termlnatlons, the portion to be termlnat.e<l. The recipient shall not IDcur new obligations tor the terminated por- tion alter the eflectlve d..te. and shall can- cel ..s many outstandIng obligatIons as pos- sible. The Federal sponsoring agenc)' shall allow lull credit to the recipient lor the Feder..l share 01 the noncancellable obliga- tions, properly Incurred by the recipient prior to term In atlon. ATTACHMENT M.-CIRCULAlt No. A-lID STANDARD FORM FOR APPLYINC FOR FEDERAL ASSISTANCE 1. This ..ttachment 4Pro~ulg..tes a stand- ard lorm (SF 4.24) to be used b)' public and .prlvate Institution:; of higher education, publlc and private hosplt..ls and other quasl- publlc ..nd private nonproftt organizations ..s a Illce sheet lor appllc..tlons when applying for Federal grants under programs covered by Part I, Attachment A. Ol\fB Crlcular No. A-95. In ..ddltlon, agencIes are particularly encour..ged to etxend the use of SF' 424 to common programs "'1th Statc and local gov- ernments where this lorm Is now required by FMC 7<1-7. 2. The SF 424 m..y ..Iso be used, on ..n op- tional basis. to lulftll the requirements of OMB Circular A-95 lor a notlflclltlon 01 In- tent, Irom applicant to clearlnghouses, that Federal assIstance "'ill be applIed lor. Local or State clearinghouse procedures wlll govern the use of the lorm lor this purpose. 3. The standard lorm wlll ..Iso be uscd hy Federal agencies to report to the clearing- houses on major llctlons taken on a;::>pllcs- tlons reviewed by cle..rlnghouses In accord- ance ..'Ith OMB Circular A-95, and to notify Stal.cS 01 grants,ln-ald a",'arded In accord- ance ",'lth Treasury Circular IOa2. I I \ Office of Management and Budget Circular A-110 (7/30/76) OI.lB "'''1''''''01 No. ~211 A-110:16 FEDERAL ASSISTANCE L '""'I'll. I. MI.I'IBER 3. STAn: I. """ B !R .v-ru ClI.- C"'NT'S nOH 1. TYPE o f' REAPf'lICA TIOH "'/'PV. .. D,t,lt IOr.HT\- .. OAT[ f__ .......I~ .... Of eAT lOf( r_ .......... .... rtf.ft ...CTlON o N'I'lICUlOI( 19 .uSIC"EO 19 (Id_."" o "0T1f ICATlOK OF II(T[J'(T (t)pt.) L..... ,.... ,...;..u He) o REI'01iT Of rEDEIW. ACTIOIi l!<GRI 4. lEG...l ...ppllCANT /REClpIEHT 5. 'f.Of.AAL P:MPLOYf:R IOt:NTI'ICATlON NO. ... AppliC.lnt HII'M : ... O'I,niutiofll U,,1t : ~ I I \. 1 I I I c. SIrHl/P .0. Bo.x : PRO. I. "UWOER d. City .. eo.. Ity GRAM b. TlTH : : (FroTr4. I. 31'" : I. ZI' Cod.: rod_oI k. c...Lu( r....... INo_ Ootolo... oC 01 ,...,....... No.) : a 7. TITLE AND DE.SCRlnION Of ...ppLIC...NT. pROJIiCT B. TYM: Of ....,.PLICAI'({ /Rf.CIF'IENT ~ A.-St... ll-e-..u.11)' N:ti.. ~ 6-1 "'tnl.'" ..' J- Hit"'" [ouCAtionl1 ha.c111ution ~ C-Substal' J- 'ndi." Trlb4 Dlnri~ 1l.-Ot.O( (.'lponf"l: [)...County E-Clly . ~ ' - Sdoool Oltlrld f-)~'1 ...~ K"....... .'P"f"'"f1rri.ot~ HUn" 0 ~ Il ITleI ~ TYPE: Q1' MSISTANC[ j'..a&.,lc G r...-l C-""'ur~.. ~ ~u...ll_t.I t..n( '-Ot.er ...trr ",.".,.... IT] g t-4,.. . ,..-iol. 101<-1.) 10. AREA Of Pl'!O)I!CT IMP...CT (No_... 01 el6U.a. eot61tKM. 11. ESTI~^-rMtm.- 11. TYPE. or ...ppUCATION Slo.... .14.) BER T ONa ~- c.-R...idol'l (........'_..11.. 'BUlUlTING a....R.,,~1 D-Co..U~l,tf.tlo<< lot...-O &"tn" appropriAt. U. pROK)SEO ~UN-DINS 1-4. CONGI'IESstoNAL DISTRICT~ 01": 15. TYPE Of CHANGE (Fen' JJc .-r J.h) S I. APrUCmr .. PJlOlm ~t"e,...... DoHln. ~In.r ISJ'.tify): I. FIDE RAl. .00 e.-Decr..... D .11," t-t"e,...'" Du,..tl'tlll. b. A1'PlICA~T .00 D~IGl"'" D.....Uoa 16. PROJECT ST"'RT I H. ~JECT (-c._"di.. .. STATE .00 Q,I. Tt T...r -..lA 0..1' DURATION ~..(.rr appro- [IT] d. lOCAL .00 19 lJ....flu ~k utt,r(.J ..OTIIH .00 18.. UTt_TEO DATi: TO y-- ...-I-A <l4y 19. EXISTING 'EDERAl IDENTlFIC...TlON NUMBER BE SU&MITTEO TO l. TOTA.!. S .00 fEDER...l JIOGENCY ~ 19 20. fEDERAL "'GENCV TO RtCEIVE REQU~T 1/'1_ CUt<. 11_ %/1' -o.l 21. REMARKS "'DDED n 'f.- o No ~ ZZ. I. 1, 'h. Iilnt .,( my knowl.cl,. .IId ......I'f. II. M 'eq~ br' OM8 Cucullr A,-95 thn .ptl4}e.elloa ..., twb-llnK.. pur..111\t KI i~. Nfl.,... R_1"'("?U' chh i. ""is ,.....,.pJ.u tiDll/applicaUu ... allvchOA' U,.,..ih. to .pp~rllh .1..rl........M1. .IId .11 r..~""a a,.. aruc,luC: ._0 .ti4c:~ g THE I<u, I.' corfKl, )h. ooeumfiftt hI' - ^ppLIC^NT dult .uthoriud by ti-, 'oYIlt"nil'l[ - al 0 0 8 CERTl1"IES ttt. 1""liunt .nd tt-. Ip()lie,url will ........ II) : TH"'T ~ ""Uk 'h. Itt.cMC ...,..ac-a 10( lit. .ui.a.- C2I 8 0 V I 1 an.. i4 apl)t'O'ted. 0 (l) . ~ 23. I I. TV rEO /VJol! AHO Tin! ~. IIlttv.T\JRE L O,t,TE SIQItE.O t; CERTlFYING1 y-- .......... <14. . REpRE. .. 19 ~ .. SENT...TIVE :1-4. AQf.NCY NAME 2S. ...ppLICA. 1'__ ~ ...y TlON RECEIVED 19 26, ORGANIZATlONoAJ.. UNIT 11. ADMINISTAATIVE OrflCE 28- 'EDERAl APPLICATION ~ IDENTlFIC...TlON ~ 29. ^CORESr. \ >>0. I'EDERAl OF:ANT ~ IOENTlfIC...TION ~ 31. ACTION T^KEN 3L ruND~ )'- -.... "'1 J.4. r_r ...-I-A <14. I 0 I. AWAAOEO rfDE"-'L STARTING I. S .00 )), ACTION D"'TE ~ 19 D...TE 19 .. 0 ~. J:EJtCnll ~TM:T fOR ,",OOITlOItAL tH'OtlIo4A. Q \. 1J'M. tCAHf .00 . - 36- Y...- .......... .... J lON (H..... o-J .....~ "......D.r> f.NDING 0 .. J\ET\HlI'ICO P'OIl c. nATE .00 DATE 19 A1lE.1i[)t.lt:HT c. LOMe I .00 37. REM"'RKS "'DDED ~ o c. OEfl!RRE'll I 5 I.Olm" .00 ~ o I. WITMORAwtl l. TOT AI. I s .00 o V.I ONo 3S. I: 111I b~lnl ~. atl'her... ...,. OOft\........b PMetwd fro", d..rinrhou.... ...,.. .....,. \. '(CERA!. ...eEHcr ....." CfFlCIAl. fEDERAL AGENCV ..d.,,,:. If """I:f' I'UpOoftM la 0.. ''''Ide( ,.,............. .f ra.rt 1.- 06.1:6 Clrculw A,.-;lIi. <<Neu"" ....d a..t.r",^(nw AoO.) lit ka ~a eo( .. ~ _"_. "'-95 ...cnON __. ...... ....-. ............... ,..._ rol""Y , ,,1'"1. """l " I .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:17 SECTION IV-REMAAKS (Ple~e re/erenu tM Pf"fiP"r ium numbtr IrO'lTl SutWru I. II MIll, il appli=-bu) . '\ STANDARD FORM ~2~ PAGE 2 (10-75) 1" .I Office of Management and Budget Circular A-110 (7/30/76) A-110:18 GENERAL INSTRUCTIONS This is a multi.purpose standard form. First, it will be used by applicants as a required facesheet for pre. applications and applications submitted in accordance with Federal Management Circular 74--7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMS Circular A-95. Third, it will be used by Federal agencies to notify States of grants.in.aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). ^PPUCNH PROCEDIJIlES FOR SECTION ^pplicant will complete all items in Section I. If an Item Is oat applicable, write "NA". If additional space is needed, insert IIn asterisk ...", IInd use the remarks section on the bec;j( of the form. /In explenation follows lor each item: Item 1. MaMt appropriate box. Pre.applk:lltlQn 1100 appllca. tion guidance is in FMC 74-7 IInd Federal ageney program instructiom. Notlfic>ltion of intllnt RUid. once is in Circular A-95 procedures from clear. inghouse. Applicant will not use "Report of Federal Action" bol(o 2a. Applicant's own control num~, If desired. 2b. Date SectIon I ts prepared. 3a. Numbel" llsGlgned by Stzrte clearinghouse, or If dele- gated by Sblte, by areawide clearinghouse. All re- QUests to Federal agenci~ must cont:Din this identi. fier if the Pl"ORram is covered by Circular 1t-95 and required by apjJlicable. State/areawide Clearing- house proce<lures. If in doubt, consult your clear. inghouse. 3b. Dele applicant notlfled of clC(lringhouse Id:mtificr. 4&-4h. Leglll name of IIppllCl!nt/reclplent, narrnt of primary organizational unit ...'hich will undomM the asslst. llnce activity, comp::-te eddress of applicant, and name and telephone number of person who can pr0- vide further information about this request. 5. Employer identification number of applicant as as. $Igned by Internal RevonLHl ServIce. 611. Use Catnlog of Federal Domestic Assistance num. ber assigned to progrnm under which aS3isomce is requested. If more than one program (e.s., }oint. funding) write "multiple" and explain in ntmaoo. If unknown, cite Public Law 01" U.S. CoOe. 6b. Program tltXl from Fed ora I Cl:taklg. Abbreviate If necessary. 7. Brief title and appropriate d~ription of project.. For notificz:tion of intent. continue in remarks sec- tion if necessary to convey proper description. 8. M~ly s.elf-cl(planlltory, "City" includcstown, town. ship or other municiplllity. 9. Check the type(s) of assistance requested. The definitions of the terms are: A. &sic Gront. An original request for FeOeral funds. This would not include any contribution provided under II supplemental grant. B. Supplemental Grant. ^ request to increase II besic grant in certain cases where the eligible applicant cannot supply the reQuired matching share of the basic Federal program (c.g., l>T'lInts ewarded by the Applllachian Regional Commis. sion to provide the applicant a matching share). C. Loan. Self explanotory. 'tom 10. 11. 12. D. Insurance. Setf explanatory. E. Other. Explein on r-effi&rks page. Governmental' unit when! ltignificant end meaning. ful imp&ct could be observed. li&t only largest unit or units affected. such as State, county, or city. If ent:illl unit affected, list It nrther than subunits. Estimated numbel'" of persons directly benefiting from project. Use appropriate code letter. Definitions are: A. New. ^ submittal for the first time for a n8'W protect. 13. B. Reoewal. /In extension for an IIddltional fundlng/ budget period for a project having no projected completion date, but for which Fedoral support must be reoewe<1 eech yellr. C. Revision. A modification to Protect nature or scope which mil')' result in funding chllnge (in. erease or declllase). D. Continuation. /In extension for lln eddltlonlll fundill(t/budeut period for a project the agency initially agreed to fund for II dtlfinite number of r-rs. E. 1wgmcnbrtion. A reQuirement for additional funds for II project previously lIWt1rded funds in the seme funding/budg1rt period. Project na.ture end scope unchanged. 1I.:nount requested or to be coritributed during ,the first funding/bud~ period by each b>ntribif.br, Value of in.kind contributions will be Included. If the action is e change in dollar amount of an exist. ing grant (a revision or augmentation), indicate only the amount of the change. For decreases en. close the amount in parentheses. If both basic end 5Upplerriental emounts are included, breakout in remarks. For multiple proernm funding, use totals and show progTllm breukouts in reffiarics. Item defi. nitions: 13a. amount requested;from Federal Gov. ernment; 13b. amount IIpplicant will contribute; 13c. amount from State, if applicant is not a State; 13d, amount from local government. if applicant is not a local government; 13e, amount from any other sources, explain in remarks. Seff explanatory. The district(s) where most of lIc;:tual worll will be accomplished. If city.wide or State-wide, covering severn I districts. write "city.wKle" or ..State.wide." Complete only for revisions [Item 12c). or augmen. tzrtions (item 12e). 14a. 14b. 15. STI\NDARD FORM 424 PAGE 3 (10-75) I .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Item 16, 17. 18. Approximate date project ex~cted to be.in (usually as!>OCiatN:l wilh estimated date of availability of funding). Estimate<! numb1lr of months to complete project atter Fe<!eral funds are available. Estimated date preapplir.atlon/appllcation will be aubmitted to Federal agancy If this project requires clearlnBhou~ reTView. If review not required, this date would usually be all me aa date in Item 2b. Item 19. [xlsting Federal Identification number If this Is not II new request and directly relates to II previous Federal action. Otherwise write "NA". 20. Indicate Federal agency to which thiS request is addressed. Street address not required. but do use ZIP. 21. Check appropriate br.x as to whether Section IV of fonn contnins rembf1<S and/or additional remarks are attached. APPLICANT PROCEDURES FOR SECTION II Us! c1eoringhousM to which submitted and ahow In appropriate bloc~ tho status of their responses. For more then three cloarlnghouses, continue In remlloo section. All wrttten comment~ aubmltte<! by or through cleartnghousell must txl attached. Nome and title of outhorized representative of legal llpplicant. Applicants will always complete Items 2311. 23b, and 23c. If clearinj;house revlow Is required, Item 22b must be fully com. pleted. An explanation follows for each item: Item 23b. Self explanatory. 23c. Self oxplanatory. Item 22b. 2.38. Nole: Applicant completes only Sections I and II. Section III is completed by F&doral agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III ttem 24. Executive department or In.dependent agency having program administra.tion responsibility. Self explanatory. Primary organizational unit txllow department level having direct program management ~ponslbillty. O1'fico directly monitorinB the program. Us.e to Identify non.award actions where Federal grznt identifiar in itom 30 Is not applicable or will nat suffice. Complete add~ of administering office shown in !tom 26. Use to identify awa rd actions where dlnerent from Federal application identifier In item 28. Self explanatory. Use remarY.s soction to amplify where appropriate. Amount to 00 contributed during the first funding! budget period by each contributor. Value of in.kind contributions will be included. I! the action is a change in dollar amount of an existins grant (a revi. sion or augmentation), indicate only the amount of change. For decreases. enclose the amount in pa' rentheses. I! both basic and supplemental amounts are included, brear,<:'ut in remaoo. For multip~ pro. gram funding. use totllls anc show proE;ram break. outs in remarks. Item de:-Initions: 328. amount awarded by Federal Government; 32b. amount ap' plicant will contribute: 32c. amount from State, if applicant is not a State; 32d. amount from local government if applicant is not a local government; 32e, amount from any other sources. explain in remarks. Dute i!ctlon was taken on this roqu~t. Dote funds will become available. If Ilpplicant-supplied information in Sections I and II needs no updating or adjustment to 11t the final Federal action, the Federal agency will complete Section III only. An explanatlof\. for ellch Itom follows: 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Item 35. Name and telephone no. of agency person who can provide more infonnlltion regarding this lls..s.Jstence. Date otter which funds will no longer be available. Check appropriato box as to whether Section IV of form contains Federal remar~ and/or attachment of additional remarks. For use with A-95 oction notices only. Name and telephone of person who can llSsure that appropri. ate A-95 action has been taken-I! same as person shown in Item 35, write "same", If not applicable, write "NA". 36. 37. 38. Federal Agency Procedures-special considerations A. Treasury Circular 1082 compliance. Feeeral agency will assure proper completion of Sections I and III. If 5ectioil I is ooing completed by Federal agency, all applicable items must be filled in. Addresses of State Information Recep. tlon Agencies (SCIRA's) are provided by Treasury Depart. ment to each agency. This form replllces SF 240, which will no longer be used. B. OMS Circular A-95 complillnce. Fe<lerlll agency will es- sure proper completion of Sections I, II, llnd III. This fonn is required for notifying all reviewing clearinehouses of major actions on all programs reviewed under A-95. Addresses of Stale and areawide clearinghouses arL pro. vided by OMB to each agency. Substantive differences between applicant's reql1est and/or clearinghouse recom. mendations. llnd the project as fInally awarded will ~ explained in A-95 notifications to clezringhouse~. C. Special note. In most. but not ali S.des. the A-95 Stat€ clearinghouse and the (TC 1082' SCIRA life the same office. In such cases. tha 1-.-95 Bwud notice to the Stal-e clearinghouse will fulfill the TC 1082 llward notice reo Quirement to the State SCIRA. Duplicate notification should be avoided. STANDARD FORM 424 PAGE 4 (10-75) t Office of Management and Budget Circular A-110 (7/30/76) . ATTACBM&NT N.--C"'CIJLAR No. A-IIO PROPERT" MANAGEMENT STANDARDS 1. This attachment prcscrib~s uniform standards governing manngemcnt of prop- erly turnlshed by the Federal Governmellt or whose C05t WAS ehargl'd to a proJl'Ct sup- ported by a FedeTl\! gra.nt or other Rfreement. Federal sponsoring agencies shall reqlllre re- ClplenL~ to. observe these standards under grants and other agTeements alld shall not Impose addltlonal requirements unless spe- clllcall)' required by Federl\1 law. The recipi- ent may use Its own property manl'gement standards and procedures provided It observes the pro,'lslolIs of this attachment. This at- tachment also npplles to subreclplents as rc1erred to In pa"'graph 5 DC the basic cir- cular. 2. The following definitions apply tor toe purpose ot this attnchment: a. Real propcrty.--ai-Cnl .property means lnnd. Including land ImprovemenL6, struc- tures and appurt.cnlU1ces thereto. but ex- cluding movablo machlner)' and equipment. b. Personal property.-PeTSOnal property of any kind except real property. It may be tangible-having physical existence. or Intan- gible-having no physical exIstence, such ..... patents, Inventlons and copyrights. c. Nonexpendable personal property.-Non- expendable personal property means tangible person...! property ha,'lng a useCul life of more than one year and an acquisition cost or ~300 or more per unit exempt that recIp- Ients subject to Cost Accountlng Standards Board regulatIOns may use the CASB stand- ard of f.sOO per unit and useful We of two years. A recipIent may use Its own definition of nonexpendable persona! property prO\'lded that the deftnltlon would at least Include aU tangible personal property n.s defined above. d. Expend<>ble personal property.-Expend- able personal property reters to aU tangible persono.l property other than nonexpendable property. e. Excess propcrty.-Excess property meaDS propert). under the con trol of any Federal agency that. as determined by the head thereor. Is no longer required tor Its needs or the discharge or Its responsibilities. r. A.cquisition cost of purchased none,x- pendable per.\onal propcrty.-Acqulsltlon cost or an Item or purchased none"pendable per- sonal property means the net Invoice unit price or the propert)' IncludIng the cost or modificatIons. attachments, acce~sorles or auxUlar)' npplU'atus n~essary to make' the propert)' usable ror the purpose for which It ....as acquired. Other charges such as the cost Of InstaUatlon, transportation. taxes. duty or prot.cctlve In-tr.anslt Insurance. shall be Included.or excluded rrom the unit acquJsl- tlon cost In &ccordance with the r~lplent.s regular accounting practices. g. Exempt property.-Exempt property means tangible per~onal propert)' acquIred In whole or In .part with Federal funds. and title to which t~ "ested In the recipient with- out further obligation to the Federal Govern- ment except n.s provided In subparagraph 6a below, Such unconditional vesting of tiLle wUl be 'p\lrsuant to any Federul lecls)atlon that pro"Ides the Federal sponsorln!; agency with n.dequn.te authorlt)'. 3. Real properry.-Each Federal spor.sorlng o.gency shall prescribe requirements for re- Cipients concerning the use and dlsp051tlon of real propertyacqulretl partl)' or wholly unaer bran ts or other agreemen ts. Un)e5-< otherwL<e pro\'lded by statut.c. such re'lulre- nH'nts. as A n11ninHlIn, shall ront.nln the follo""lnl; : a. Title to real propert,. shall vest In the recipient subject to the condition that the recipient shall use the renl property 10r the authortzed purpose of the project..ns long as It Is needed. b. The recipient shall obtaIn approval by the l"ederaJ spon,;orlng &j:ellcy for the u"" of real property In other projects when the re- cipient determines that the property Is no longer needed lor the purpose 01 the original project. Use In other projects shl\1I be limited to th,,,,e under other lederoJly sponsored proJ- ects (I.e.. gr8.nL~ or other ar,reements) or pro- grams that have purposes eonslst.cnt with tho"" author17.cd tor support by the Jo'c<!eraJ sponsorlnc Rf'ency. c. When the real property Is no 10nJ:er needed as provIded In nand h "bove. the recipient shall request dlsposlLlon Instruc- tions trom the Federnl sponsorlnr, ar,ency or Its tueceswr Federal sponsorlnr, ",:enr.)'. The I'ederal sponsorln!; a!;ellcy shall observe the following rules In the disposItion Instrue. tlons: (I) The recipient may be permitted to re- lain title &.It.cr It compensates the Federal Government In an "mount eomput.cd by ap- plying the Federal percentar,e or plU'tlClpa- Lion In the cost oC the orlrrln8.1 project to the lair m...rket value DC the property. (2) The recipient may be directed to sell the property under guidelines provided by the Federal sponsoring acency and pay the Fe:!er"l Government an amount computed by applying the Federal pereentnge 01 par- tlclpaLlon In the cost oC the orl(:1nal project to the proceeds from sale (aft.cr deducting actual and reasonable scl1lng and flx-up eX- penses, It any, trom the sn.les proceeds). When the recipient Is autharl7.ed or required to sell the property, proper Mles procedures shall be estahllshed that provide for competl- tlon to the ext.cnt practlco.ble and result In the highest posslhle return. (3) The recIpient may be dlreet.cd to trans- fer title to the property to the Federal Gov- ernment provIded that In such cn.scs the recipient shaH he entitled to compensation c:>mput.cd by applying the reclplent.s per- centage or participation In t.he cost or the procram or project to the current fair market value of the property. 4. Fed.eraly-owned nonezpendable per.on.al propcrty.-Tltle to federally-owned property remains vested In the Fe:!eral Government. Recipients sha.H submit annually an Inven- tory listing or tederally-owned property In their custody to the Federal sponsorlnc agency. Upon eompletlon of t.be ~.,.,ment or when the property Is no longer needed. the recipient shall report the property to the FederaI' sponsoring acency for rurther agency utlH7.a.tlon. If the Federal sponsorIng agency hn.s no lurther need tor the property. It shall be declare:! excess and report.cd to the General Services ^c1mlnlstrtlon. ^pproprlat.c disposi- tion Instructlons wlll be Issued to the re- cIpient afl.er completion of the Federal "cency review. 5. Exempt propcrty.-When statutory au- thority eXIsts, (e.g.. P.L. 85-934. 42 U.s.C. 1892) title to nonexpendable person 1\1 prop- crt}. acquire:! with project funds. shall be veste::! In the recipient upon acquisition un- lcss It Is determined that to do so Is not In fllrtherance or the objectives of the Fedcral sponwrlng accnc}'. When title Is vcst.c:! In the recipient. the recipient shall have no other obHg...tlon or accountahlllty to the Federa.l Government lor Its use or disposi- tion except n.~ provided In 6a below. 6. Other nonexpendable propcrty.-When other nonexpendable \.anr,lble personal prop- crt)' Is acquired b)' a reclplcnt wltb project fllnds. title shall not be takcn by the Fe:!- ("r.;'\1 CrOt"C'rnnlcn: b\1t ~h,,11 t"C'st In th!' rt"- clplen~ "u hject 1.0 the Collowln!: conditIons: a. Right to lran$/er lit/C.-For Items or nonexpendablc personal property havlnr: 1\ unit acquisltlon cost of :-1.000 or more. the Federal sponsoring ngenc)' m,,)' reserve the right to transCer the title \.0 the Fedcral J A-110:20 Government or to a third party named by the Jo'edcr,,1 Government when such third pl\rty Is otherWise eligible under exlstmg statllteS. Such reservation shall be sllbject to the followlnr, standards: (I) The propert)' sl1o.ll be approprlat.ely l<lelltlne::! In the grant or other agreement or otherwise made known to the recipient In wrlUn~. (2) The Jo'cderoJ I'poru;orlng ar:cncy shall I...<ue dlsposltlon Instructions within 120 cal- cudl\T dnys afLer the end of the Federal SlIp- port oC the project tor which It was acqlllred. If the Federal sponwrlng "gency Calls to Issue dlspor.ltlon Instruetlons vo'ithln the 120 cnl- emlar day period, the recipient shall apply the sLnndards oC sllbpurar,raphs 6b und fic "s approprlat.c. . 13) When the Federal sponsorinG ar,ency exercises Its rIght to take title. the personal property 51...11 be subject to the provisions lur tederally-owned nonexpendable property dll'>Cus.o;ed In pl\r8.gTaph 4. above. (4) When title Is translerred eIther to the Fc<Ieral Oovenunent or to a third pl\rty.the provision., 01 J;ubparB.gTBph 6c(2)(b) should I>e followed. b. U.e of other tangible nonexpendable property lor which the recipicnt h<L> t/tle. (1) The recipIent shall use the propert)' In the project or progTRm for whlcb It wns acquired as'lonc as needed. whether or not the project or program continues to be sup- ported by Federal funds. "''hen no longer needed ror the onglnal pro}cct or program, the recipIent shaU use tbe property In con- nection wlt.h Its other tederaHy sponsored activities. In t.he 10Howlng order or prlorlt)': (a) Activities, In the following order of priori ty: (h) Aetlvltles sponsored by other Federal agencies. (2) .<;harro "-'Ie.-Durlng the time that nonexempt nonexpendable perJ;Onal proper- t)' Is held for use on the project or progTam ror which It was acquired. the recipient sball make It available for use on other proJ- ects or progrnms It such other use will not Int.crterc with the work on the project or prOgTatn lor ....hlch t.he property was orIgi- nally ...,qulred. Flrnt prelerenee tor such other use shn.ll be given to other projects or prop-ams sponsored hy .t.he Feder,,1 ngenc)' that financed the property: second prefer- ence shall be given to projects or pro[:Tams ,;ponsored by other Federal agencies. l! the property Is owned by the Pederal Govern- ment, use on other activities not sponsored by t.he Federal Government shall be pcr- mlsslble If authorized by the Fcdera] agency. User charges should be co~ldered 11 appro- priate. c. Dupo.rition of other nonexpend!'blc property.-When t.he recipient no longer needs the property as prOVided In 6b above, the propcrty may be used lor other actl./I- ties In accordance wIth t.he follo....lng stand- nrds: (I) N01U:xpend<>ble properly wilh a unit acquisition co.l of less than $l.OOO.-The re- cipient may use the property tor other activi- ties w1thout reimbursement to the Federnl Government or sell the propert}' and re- tnln the proceeds. (2) Nonexpcndable personal propcrly with a unit acquisition CO.l of Sl,OOO or more.- The recipient mn)' retain the property lor other uses provided that compensatiOn Is made to the original Federal sponsoring agency or Its successor. The nmounl of com- pensaLlon shall be comp\lt.cd by applyin!; the percenl.,,!;e of F'<'<lernl p:u-t1c-lp"Uol1 111 the co..o:;t of the orl~lnA.l project. or pro~rr.ln to thc r.urrent Inir mnrkct vnlue of the property. ] r the recipient has no need lor the property nnd the propert)' hn.s furthcr \lse "al ue. the recipient shllll r<><l\lcst dispositIon Instruc- l'ons from tlJe or1c1 un.) sponsorl ng ngcncy. I Office of Management and Budget Circular A-110 (7/30/76) Tbe l"e<ler1\1 spon.orlng agene)" shall deter- mine whether the properly can be used to meet the "gency's requirements. Il no re- quirement exist.' within that agency, the av"llablllt)' of the property shall be report- ed to the General Services Administration by the Fedeml agenr:y to determine ....hether a requirement for the property exists In other Fedeml agencIes. TIle Federal sponsoring agenc)' shall Issue Instructions to the recIpi- ent no Inter than 120 days alter the recipi- ent's requcst and the following procedures shall govern: (a) Il "0 Instructed Or If disposition In- structions are not I"ued within 120 calen- dar days alter the recipient', request, the recipient shall sell the propert)' and reim- burse the Federal sponsorIng "gency nn amount computed by "ppl)'lng to the sales proceeds the percentage of !"edcral particI- patIon In the cost of the original project or progmm. However, the recipient shall be permitted to deduct and retain from the !"ed- eral shl\Te 1100 or ten percent ot the pro- ceeds, which Her Is greater, for the reCipient's selling and handling expenses, (b) If the recIpient Ls In~.tructed to ship the property elsewhere, the recipient shall be reimbursed b)' the benefiting Federal ngency with an "mount which IS computed by applYing the percentage of the recipient's partlclp"tion In the cost of the origInal grant project or program to the current fair market value of the property. plus nny reasonable shipping or Inter1m storage costs Incured. (c) It the recipient Is Instructed to other- wise dispose ot the property, the recIpIent shall be reimbursed by the Feder"l sponsor- Ing agency tor auch costs Incurred In Its dLsposl tlon. d. Properly manapemcnt ~landard. for nonerpendable properly.-The reclplent.s property m"nagement standards tor nonex- pendable personal property shall Include the following procedural requirements: (1) Property records shall be maIntaIned a.ccurately and shall Include : (a) A description of the property. (b) Manufa.cturer's serIa.l number, model number. Federa.l stock number. national stock number. or other Identltlcatlon num- ber. (c) Source at the property. Including gr~nt or other a(;Teement number. (dl Whether title vests In the recIpIent or the Federal Gove.rnment. .(e) Acqul.ltlon dale (or drol-e received. It the property "'l\.S !urnl.hed by the Federal Government) and eo.t. (!) Percentage (rot the end of the budget )'o~r) of Federal participation In the cost of the project or progrrom for ,,'hleh the prop- ort)' ...."'" acquired. (Not Appllc~ble to prop- erty f.urnlshed by \he Federal Government.) (gl Loc"tlon, use and condition of the property ~nd the da~e the Intorm"tlon w~s ,oporto-<!. (h) Dnlt ncquLcltlon cost. (l) Ultimate dllposltlon data. Including date of disposal ~nd sales price or the method used \0 determine current fair market value ....here I. reclplrnt compensates the Federal o-ponlOrlng agency for Its sh~re. (2.) Property owned by the 1'ederAI Gov- ernment mUAt be marked to Indicate 1'ed- erAl ownership. (3) A physical Invontory at propert)' sh~ll be tn.ken "nd the results reconciled ....Ith the property recorct.s At leo.st once ever.- two yen.rs. Anydlnerene.. between quantities de- termined by the physIcal Inopoctlon :>.nd thqse shown In the accounlln!; records shall be InvestIgated to determIne the cause. of the dlnerence. The reclplcnt sh~ll. In connec- tlon with the Inventory, verlf)' the existence. current utlllzatlon. and continued need for tho pro pert)' . (4) A control Sl..tem shroll be In e:rect to Ineure adequn.le I"foguards to pre..n~ Ie,..,;. damage. or theft 01 the propert}'. Any 10.... d"m"ge, or theft ot non expendable property sh"lI be Invesllgated and fully documented; If the property wa. owned by the Tederal Government, the rPrlplent shall promptly no- tify the Federal sp,'nsorlng af:ency. (5) Adequ"tel)' m"lntenance procedure5 shnll be Implemented to keep the property In good condition. (6) Where the rt'clplent Is "uthorlzed or required to sell the propert)'. proper ."Ies procedures shall be established ....hlch would provide tor competItion to the extent pmell, cable nnd rcsult In tho hIghest possIble re- turn. 7. Lxpendable penonn' properly.-Tltie to expendable personal property shall vest In the recIpient upon acqUisition. If there .Is a resldun.llnventory 01 such propert)' exceeding U,OOO In totnl aggregate f"lr market v"lue. upon termination or completion of the grant or other agreement. "nd the property Is not needed lor an)' other federAlly sponsored project or progr"m. the recipient shn.lI retain the propert)' lor u..e on nontederslly .pon- sored a.ctlvltles. or sell It. hut must In eltlTH . ense, compensnte the Federal Go"ermnont lor 11.3 share. The amount of compensation sh"ll be computed In the same manner "" nonexpend"ble personal propert)'. 8, Intanlliblc property. a. Invention. and palent..-If any progrn.m produces patentable Item.,. p"tent rlght.., processes. or Inventlons. In the course 01 work sponsored by the Federal Government, such tact shnll be promptly and lully report- ed to the !"ederal sponsorIng agency. Unless there Is a prior n.greernent bet"'een the re- cIpient and the Feder,,1 sponsoring agency on disposItion of such Items. the reder,,1 sponsorIng ngency sha.ll determine whether protection on the Invention or discovery shn.ll be sought. The Federal sponsoring "geney wll1 also determine how the rights In the In- vention or discovery-IncludIng right/! under any patent L'lSUed thereon--<5hall be "lIocated nnd a.-dmlnlstered In order to protect the pub- llc loterest cooslstent wIth "Government Pa.tent 1'ollcy" (President's Memora.ndum lor Heads 01 Executlye Departments and Ageocles. August 23. 1971. and statement 01 Government Patent Pollcy as prlntec;1 In 36 P.R. 16889). b. Copyripht..-Except as other....ls. pro- vided In the terms and conClltlons 01 tbe agr..,meot. the author or the recipIent organ- Izn.tlOn 15 tree to copyrl[':ht any books. pub- lications, or other cop)''-I!;htable mat4rlLls developed In the course alar under.. red- eral agreement, but \he ]"eder~l spon&Orlng ..gency shall reserve a royalty-Iret, noneX- clusive a.nd Irrevocn.ble right \0 reproduce, publish, or othervdse use. and to authorl..e othns to use, the work for Government pur- poses, A-rrACHMS:I<T O.--CncULAI\ No, I.-lID ~"OCU".NE""'T 8TANDARDS 1. Thl' r,t~achment proYldes o\andards for u.e by reclplents In eotabllohlnt' procedureo tor the procurement of .upplles, eqUipment. constructIon and other .enlC"s with Federal fUllds. The.. stand..rd~ &Te rurnlshod to en- sure th,.t such m8.terla.l, and service". Are ob- taIned In an effectlv. manner rond In eom- plln.nce with the provisions at appllcn.ble red- ern.1 I a...' ~nd executIve orders. No addItional procuroment standa.rds or requlremeo\.l shall be Imposed by the roderal sponsoring aBen- cl~s upon recipients unless .peclnc..lly re- qulrod by Teders! stntute Or executive orders. :2. The standards contained In this "t\.o.cl1- mont do not relieve the recipient ot the con- tr..ctun.1 responslbllltleo &rIsIng under Its contrac~. The reCipient Is the rupon~ble "u- thorlty, without recour.e to the l"ederal spon. sorlnr. "gency regArding the settlement rond In.UstA-ctlon of ..II c.ontractu"l and n.dmln~- J A-110:21 lratlve IscuK !\Tlslng out of procuremen1.3 entered Into. In support ot " grant or other "~reement. This Inclllde. dl'pule., claim... pTOlf:~t' of l\wnrd. Il()'\.r~ .Yf\.)uatlon or othf"r mntten of a contractu,,1 !1l\turt. ~iRttf?n con- cernln. violation of law Me to be reterred to such Joe"I, StaLe or 1'ederal Buthorlty M may han proper turledktlon. 3. RecIpIents mo.y u... theIr own procure- ment policies and procedur.... 1l0wever, all ro- clplents shall "dhere to tho standl\Tds set forth In paraf:r"phs 3 "nd 4. ". The recipient shall mnlntaln a code or standl\Td.. of conduct th"t .h,,1I F:oYern the pertormAnce of l\a officero. employ....s or ar.ent. enc"ged In the "warding "od admin- Istration of eonlr"cts uolng P"cdcral fund.. No employee. omcer or Agent shnll partlclpale In the selection. ......Ard or n.dmlnlstratlon of " contr"et In ....hlch reder,,) funds o.re used. where. to hlo knowledge. he or his Immedl"te lamll)'. partners. or or!;n.nlzatlon In w.hlch he or his Immedln.te In.mlly or partner hM a nnantln.l Intere.t or ,,'Ith ",horn h. Is neF:o- tlatlng or hn.a "ny arrangement concerning pro' pectin employment. Tho rcelplcnts' ot- nCeT>. employees or ngents sh..1l neither solle-' It nor aoc"pt gratultl"'. t",'ors or "nythlng or monetary vf\)ue from contTnctors or poten- tial contnctors. .!ouch standards shall provide tor dlsclpllnnry actions to be I\pplled for vlo- i"tlono of such st"ndards by the reclplcnl.3' officers. employees or Rf:ents. b. All procurement kansactloTl.'l shl\.ll be conducted In a mann..,. 100 prOVide, to the -maximum extent practlc"l. open Ilnd tree comp.tltion, TIle recipient should be alert to organlzn.t1onn.1 conmcts of Int.erest or non- oomp..tl tlY e prl\Ctlces among oon trnetoro that may restrlct en- eUmJn"te competitIon or otherwl.~ restrAlI\ lrl\.de. In ord<:r to en- sure obJe<:tlYe contrlLCtor perlonn"nce and eliminate> unflUr competltlv~ advantl\.ge, con- tr(\.Coors that develop CJI( drn.!t spe-clfic"t.lons. requl~menl.3. ..tnt.emenbs of worK., Invlta- t10rus Jor bids a.nd/Of' requC61.s for ~Is should be excluded lrom com.petlng tor 5uc-b procuremen~. Awnrda tlhe.lJ be made to the bldder/otrercrr ....hose Dld/olTe<' U r""90nBolve to tn. ao 11 c I ta. tilon s.nd k IIl.Q6 t ad VI> n tag COU8 to the reelp\ent, JX'lu a.nd other tacto"' 000- slde~. Sollcltatlo"e s.hell clearly set torth all requJrements that ~e bldder/o!!'eror must tuUm In ord..,. for hI<! btd/o!!'er to be e......lu- ~ted by th. reclplen~. Any ..nd all bld.3/offers mar be reJeo~ wben 1\ Is In tbe redp1ent's In~r..t to 00 10. c. All reclplen~ ...'lall e.sbabllsh pTOCUH. ment proe<oouTes t.b&t provldf for. at a m.In- Imum. Uu tollowlng prooeOurn.!Tequlrem.ents. (l) Proposed pr~ent a.ctlons shall lollow a proce-du!'O to .......UTe tho ~vO'ld"nc. of purcllMlng unn~y or ck1pllCl>tlve ltoms. W"..re ..pproprleH, ~n anal)"f'1o shall be l'l'>&Oe of lel\bC ~nd pureha...... n.lt.e1'n6-tJ"e.s 00 determIne whloCh ..."OuJd be the meet oconomlCAI. prAcllOa.l proc-ur..rnent. (2) f,ollclt>e.\lolU foc ~ood<l a.nd servIces ,hall be 'btued upon I. cles.r and accurat-e de..erlptlOn of bhe teohnic,,1 requJnm.enl.6 fer \.,'le m..tA-rlal. prod""'t or ,..,.,,-Iu to be procured. Such .. d.,..,~lpt.lon sho..ll not. In competitive proour.ment.. con\&ln lee.tur... which unduly r...tr1ct compotltlon. "Brand n..me or .qUA1" descrlp\lOn.s mny be und a.e .. me...n& to doenn. 'Lhe pertorme.noc or ot.her a.a.1t..nt '_QulreTJ"'cnb o~ a procuremt'nt, ..nd ",hen eo ulOOd the spoclnC le"ture. 0: the nl\mtod Dr.nd ...,.l\loCh must be met by blddors! of'fe,-ors sht..ll be c1ee.rlr ~ec.lne<l. (3\ Posltl~e eITorts "hI\JI be mMle by the recipient.' to utilize .mn.ll buslne"" I\l'd mJ- norttv-ownrd. buslne1toS ~ources or. ~upDlIel n.nd ~'TYlr.e.. Such erro~ ohould ..110.... the.... wurc.. the maximum f"....lbl. opportunity to compel< for contracta utll\Z;lng- }"oderal tunne. (4) The t)"Pe 0: procurln, 11Ut....'m.ntB uoce. ..... I\xcd prlc' oontT'I\-Ct:\. ooet rolIn- , , ~ Office of Management and Budget Circular A-110 (7/30/76) burMble oontract..s, purchl\..<.e orders. Incen- tive contrnc\..<. shall be deterrnlned by t.he recIpient but must be n.pproprlate for the partloular procuroment 11Ild for promntlng the best Int.erost of tht pro[!mm Involved. 111e "cost_plu.3_n_percenlage-of.C05t" meWl- od of contTf>Gtlng 5ohl\lI not be used. (5) Contr!\C\..< shnl be nuule only with re- sponsible contrncLOrs who p<x~ the po. tentlo/lfu ability to perform succc:;.o;fully under the t.ern1-' end condItions of 1\ pro. posed procurement. COnsldemtlon 50hnJl be given to such mAlt.er6 as cont.rn.ctor IntegTlty. reoord of past p<lrfOrnlll.Ilee, finnnclnJ and t.cchnlonl resourccs or o.cccs.;jblllty to oW,er ncceSSlLI"Y rCSO\lj("..cs. (G) All proposed sole source contrac\.., or whNC only one bid or propo:;n.] Is r('(:el,'ed In whloh the I\f:gregnte excpendlture Is ex- pected V> exceed r-5.000 shnll be subjecl to prior approvnl nt the dlscretl<ln of the Fed- ernJ sponsorlnr.l\f:ency. (7) Same form of price .01' cool Il-nnlnls should be mnde In connection with e~ery procurement !\CUOIl. PrIce I\nnlysls mal' be n-ccompll..,hcd In vnrlou5 wnp. IncludIng lhe comparloon of price quol.l\LJons submitted. fTlO\rkot prices Il-nd similar IndiCia, together with d1soounts. CoGt n./lll.lysls Is the review I\nd evalu"tlon of each eiement 01 eo..-t to delerm.lne ronsonn.bJencss. alloca.blllt\. and allow...bUlty. . (8) Procurement records and flies for pur- chnscs In elC'CeSS 01 '10.000 &hall Include the follo\\'llns: (a) Bl\.5ls lor contre.ctor selection: (b) Justification for lack of competition when compeLJtlve bids or otTen; a.re not OC\.D.loed.; (c) Ba.sls for AWard. coot or price. (9) A system for contract a.dmJnlstmtlon aho.ll be mn.lntlL.!ned to ensure contractor conlormance with terms, conditions and speeltlca tlons or the coo trn.ct, and to ensure a.dequ",~ and tlm",ly tollowup ot all pur. chases. ~. TIle redplent shall lnclude. In addItion to provisions to deftne a sound and complete . ab'eemenl. the following pro\1.slons In all cootracts. These provIsIons shall also be ap: plied to sub=ntr..cts. a. ContM\..Ct..s In excess 01 ~IO,OOO shaJj con- tain contrActual pro\'1slons or cond~tJon.:i that "'11I .j)o.... lor I\.C!JnJnlstrntlve. contrn<:- 1;\11\1 or leg...l romedJes In lnst.n.ncC'S In "l1lch contT'8.Ctors vlol...te or brel\ch contract tcnn.s. and provide for such remedial actIons as nul' be approprll1te. b. All contm-ct..s In exccs.; Of t.IO.OOO shl\ll conbnln sult.o.blc provisions tor te:-m.lnr.llon by the rectplent IncludIng the mnnner b,' v..hlch tcrmJnat.lon ....11I be eITecled and the b.IIsLs tor settlement. In a.ddltlon. su..'> con- tT'8.Ct..s shall descrIbe condItions under ,,'hlch the contract mAr be t.errnlnnted lor dcl^ault a3 weU 8.S (,'()JHllllol15 where the contrll..ct nlay b-t: Lcrrnlnntcd bN':1\.\1~C of clrcuJ1\..c;.t..u.ncN" l>c- rond the c.ontrol of W,e cont.r...clOr. c. In ail ('ont,rf\cts for con.c;,trucllon or fft.- GUily lrnpro\'enlcnt awarded tor .nore thnn ~1O{J,OOU. reclplcnu; sh"ll ob6crve t.he bond- Ing requirements proV\ded In AtU,c.1unent D to this circular. d. All contrl\Ct.~ awarded br reclplen\..o; nnd their oonlr/l.ct.or.' or suup.71\nte(':5 imvln!: a value 01 more than ~IO,OOO. shn.lI conl..ln a provision requlrulg oompll.nncc \\1t.h Execu- tive Order 11246. entitled "Equal Employ- ment Opporlunlty." I\S amended br Execullve Order] 1375, I\nd as supplemented In Depl\rt. If,,,nt 01 Labor regnlatlon:; (41 CF'R. Pnrt 60). e. All contmcts I\nd suh(;mn\..' In excess of ~,2.000 for constructioll or repnlr ownrdcd h}' reclpien\..' and snbreclplen\.._ shnll Include n provision for compliance with the Copeland "Antl.Klck Dack" Act (18 U.:;.C. 874) 11-' supplemented In Department ot Lauor re~ulntlons (29 CFR, Part 3). This Act pro- ,'Ides thl\t each contmctor or subgrl\lItee shl\ll be prohibited from Inducing. by nny means. an~' person employed In the cOlIstrue- tlon. completion. or repair 01 public worl:.. to give up an)' part of the compensation to which he Is other"..lse entitled. The recipient shall report I.JI suspected or reported viola- tions to the Federal sponsorIng agency. l. When required by the Federal pror,rl\m legislation, all construction contracts a...'arded b)' the reclplent..s and subreclplents 01 more than f2.000 shall Include a provision for compliance ....Ith the Davls-B"con Act (40 U .S.C. 276a to "-7) and flS supplemen'l-cd by nepartment 01 Labor regulations (28 CFR, PI\Tt 5). Under this Act contractors shall be required to pay ....ages to laborers and me- chanIcs at a rate not less than the minimum ,,'ages specllled In a wage determInation m"de by ,the Secretary of Labor. In addltlon. con. tractors shall be reqUIred to pay wages not less than once" week., The recipient shall place a copy of the current prevl\l1lng wll-ge determination Issued by the Department 01 Lnbor In e"ch solicitation and the award or a contract shall be condl.tloned upon the acceptnnce ot the ....age determInation. The recIpient shllll report all suspected or re- ported violatIons to the Federal sponsorlog agency. g. Where Ilppllcable. all contracts aWllrded by recipients In txcess or f,2.000 tor construc. tlon con1.ract...~ and 1n exceES or t.:2.500 :or other contracts that In"olve the employment of mechanics or I"borers, shall Include a pro- vISIon for compllsnce ,,'Ith sections 103 and 107 or the Contrnct Work Hours and Safet" Standards Act (~O U.S.C. 327-330) as sup'- plemented by Departmen.t or Labor regula- .I A-110:22 tlons (29 CFR. Part 5), Under section 103 of the Act, ~nch coutrnctor sh:l.ll be rt- ql1'r~c1 to conlpulc the wn~cs of P\'cry J11(,- chonle Rnd Inburer on the ba~15 of n standnrd work dny of P. h()\I~ nnd Ii 5t.l\nc1llrd work week of 40 hours. \I-.'ork In CXCC'.5S of the standnrd \\'or~:dny or work\l,'C'C'k I:; pC'rnlis.slblc provided LhA.:" the worher Is cOlnpcll~nlcd fit n rnte of not less thnn I y, limes lhe basic rat!' of PRY for 1\11 hours wor~~l'd in r.xccs~ or A hours in nny cn)cnd,H doy or 40 hO\1T5 III the work "..eel:.. Section 107 of the Act. IS nPl'lJcaule to construction work IIl1d provides thl\t no lnborer or mechanic shl\l] be required to work In surroundinGS or tinder worklllg condlLlons which fire unsl\lllt.nry, lH\7,nrdo\1s or <1l\1l(~r.r<}\15 \.0 his hcnlth :\Ild fil\f<"ty I\.'" de. 'crlll'IIM under cOl1str\lr:Uon sHfety Illld her\lth 5tnJldards prol1'l\llgntC'd uy the Sccrc- tnry of LnboL These rC'l"irclllC'l1t.:i do ~10t Rpply to tht! rurchn.scs of suppllC!s or nlntc- rials or nrt..lr:lcs ordinnrlly nvrdlnblc Oil the ope II rllnrket. or contrrLct...c; for tnLnt'portnl1on or tral1snll~c:;lo1\ of I n1.rll 19-cl1ce. h. C<Jnlrf\ct.' or nl&eement.s, llle prlllelpl\! purr""e or ,,"'Hcll \., l~ crcate. devclop or Im- prove products. procc~;scs or nlct.l1o(1!->; or for exploml1on lnt~ lInlds thl\t dlreclly concern public health. snfet)' or wellnre: or contmcts In tlle neld of science or technology In which there hns been IItUe '.'I:nlncant experience out.slde 01 work funded b)' Federnl nssl~t- I\nce, shnll contain a nollce to the eflect ,thl\l mntters regnrdlng rlght.< to inventIons Ilnd muterll\ls genemted under the contmct or ngreement arc subject to the regulatlon~ 15' sued by the Fedeml sponsorll.[:: agenc)' and the recipient. The contrn-ctor shnll be ad. \'Ir-ed ns to the source of Ilddltlonal Informa, tlon rcgurd: ng these mn tters. I. All negotiated contrnots (except those 01 f,10,000 or less) l\Vo'nrded b)' recipIent.' shnll Include a provision to the e:Tecl. thnt the recIpient. the Froeml spon.<or\ng nrency, the Comptroller General 01 the United States, or nny 01 rthelr d\1lr authorl7.ed representa- tives, shall hf\ve access to any books, doCtI- ments, pnpers and records of the contrnctor which are dIrectly pertinent. to a specIfic 1'1'0- gmm lor the purpose of ml\klng audlt..s, examlnl\tlons, excerpt.' and ITl\nscrlpllons. J. Contract..s f\nd subA'mnts of amount..s In excess 01 ~IOO.OOO shall contain a provlslon that requires the recipient t~ agree to com. ply ....llh all appllcf\ble st.o.ndards, orders or regulntlons Issued j:'ursuant to the Clenr AIr Act of 1870 (42 V.S.C. 1857 et sec;.) and the Federa! W"l.cr Poll\1t\on Contr...! Act (33 U.S.C. 1251 et seq.) ns amended. Violations shl\lI be reported to the Federal sP9nsorlng I\genc, and the Regional ~mce of the ED. \'Ironment"l ProtectIon Agency. . 1m Doc.76-21904 FIled 7-29-76:8:45 am] I APPENDIX H OMB Circular A-122 J .. I Office of Management and Budget Circular A-122 (6/27/80) crACE OF MAWAGEMENT AND BUDGET arcolar A-122, "Cost Principles for Nonprofit Organizations" AGENCY: Office of Management and Budget. ACTION: Final Policy. June Z7.1!IUO To The Heads of Execulive Departments and Establishments Subj9cl: Cost principles for nonprofit organiza tions: . 1. Purpose. This Circular estaLIi:;hes principl0s for determining costs of grants. contrii::ts lind other Hgnlements with nonprofit organiza tions. It ooes nol apply to colleges m:d universities which are covered by Circular A-Zr. Stnte, local. aIld f(rdernlly :,ccogn:zed Indian tribal governments which are covered by Circular 74-4; 01' hos?itnls. The principles are designed to proviae that the Federal Government Leal' its fair share of costs e:xcenl where restri::ted or prohibited by law, The principles do not attempt to prescribe"the extent of cost sharir.g or matching on' grants, contracts, or othe:, aBreemel~ts. However, such cost sharing or ma tching shall not be accomplished through Drbilrary limitations on individual cost eleinents by Fede.al agenciez, Provision fur profit or other increment above cost is outside the scope of this Circular. 2. St:persession. This Circular supersedes cost principl~s issued by individual agencies for non'profit organization. 3. Applicability. a. These principles shall be used by all .Federal agencies in determining the .costs of work performed by nonprofit orgilnizations under grnnts, cooperative agreements. cost feimbur::ement contracts. and other contracts in which costs are used in p.ic\ng. administration, or se'ttlp.menL All of these instruments are nercaflcr referred to as awards. The principles do not apply to awards under which an organiza tion is not required to account tu the Government for actual costs incurred. L. All cost reimbursement SUU1JW8n]s (subgrants. subcontracts. etc.) are subjeclto those Federal cost principles applicable to the particulor organization concerned, Thus. if a subaward is to II nonprofit organization, this Circular shall apply; if a subaward is to a commercial organization. the cost principles applicable to commercial co~cerns shall apply; if a subaward is to a college or uni I'ersity. Circulur A-21 shall err]y: if a slluilword if: to il SI;lIe. loclll,-or federallyreoO~i7..ed Indi!lni tribal government, Gircuhu- 7~ sbaU apply. 4. Definitions. a. "Nonprofit orgonization" means any corporation. trust. 1I1lsociation, cooperative. or other organization which (1) is operated primarily for scfcntific. educational. service, charitable. or similar purposes in the public interest; (2) is not organized primarily for profit: and (3) uses its net proceeds.to maintain. Improve. and/or expand its operations. For this purpose. the term "nonprofit organization" excludes (i) colleges and universities; (ii) hospitals; (iii) State, locul. and federally recognized Indian tribal governments; and (iv) those nonprofit organizations which are . excl\H.]ed from coverage of this Circular in accordunce with paragraph 5 below. b. "['rior approvol" means secu~ing the awarding agency's pe:rmission in advance to incur cost for those item~ that are designated DS requiring prior approval by the Circular. Generally this permission will be in writing. Where un item of cost rFquiring prior approval is spcdiied in the budget of an.award. approval of the budget constitutes approval cf t!-lat cost. 5. Exclusion of some nonprofit organizotions, Some nonprofit organizalions, because of their size and nature of operations, can be considered to be similar to commercial concerns for purpose of applicabiiity of tost principles. Such nonprofit organizations shall operate under Federal cost principles applicable to commercial concerns. A listing of these organiza lions is conta ined.in. Attachment C. Other organizations may be added from time to lime. 6. ResponsjbiJjties. Ag<!ncie.a respons'ible for administering programs that involve awards to nonprofit organizations shall implement the provisions of this Circular. Upon request. implementing instruction shall be furnished to the Office of Management ~.ld Bu~et. Agencies &ball designate a liaison official to serve as the agency representative on ma tters relating to the implementation of this Circular. The name and title of such representative shall be furnished to the Office of Management and Budget within 30 davs of the date of this Circular. . 7. Attachments. The principles and related policy guides are set forUl in UlC follo\'o>ing Attachments: Atlachment A---General Principles Attachment B-Selected lIems of Cost Atlachmenl C-Nonprofit Organization.s Not Subject ~ This Circular J A-122:1 8. Requestt; for exceptiOJl6. The OUice of Management and Budget may griint exceptions to the requirements u[ this Circular when permissible undr:r existing law. However. in the interest of achieving maximum uniformity. exceptions will be pennitled only in highly unusual circumsLances. 9. Effective Date. The provisions of this Circular are effective immediately. Implementation shall be phased in by incorporating U1e provisions into new awards mode aIleI' the start of the organization's next fiscal year. For existi~ awards the new principles may be applied if an organization and L.>te cognizant Federal agency agree. Earlier imI5lementation, or a delay in implementation of individual pnn-i6ions iz also permitted by mutual agreement between ;morganization and the cognizant Federal agency. 10. Inquiries. FurUlCr information concerning this Circular may be obtilined by contacting the Financial Management Branch, Budget Review Division. Office of Management and Budget. Washington. D.C. 20503. telephone (202) 39~773. - James T. Mclntyre. Jr.. Director. ICircular No. A-1Z2] AlIachmenl A General Principles Table oj Contents A. Basic Considerations 1. Composition of total costs 2. Faclors affccting allowability of cosls 3. Reasonable costs 4. Allocable costs 5. Applicable credits O. Advance understandings B. Direct Cosls '\ C. Indirect Costs .. D. Allocation of Indirect Costs and Detcrmination of Indirect Cost Ratci 1. Genp.ral Z. Simplified allocation method 3. Mulliple allocation base method 4. Direct allocation method 5. Spccial indirect cos1 rales E. Ncgotiation and Approval of Indirect Cost Ratcs 1. Definitions 2. Negotiations and approval of rates [Circular No. A-122J Allachroeot A Ger;eral Principl!ls A. Dosie Considerations. 1. Composition of total costs. The tolal cost of an award is the sum of the allowable direct and allocable indircct costs less any applicable credits. 2. Factors o.rfecting CiJ/uH'obility of (;e>sts. -' I Office of Management and Budget Circular A.122 (6/27/80) To be allowable under an award, costs must m~t the following general criteria: B. Be rel'laonable for the performance of the award Bnd be aUocable thereto under these principles, b, Gonform 10 aoy limitations or exclusions set forth in these principles or in the aWllrd as to types or amotint of cosLi.lems. c. Be cODsistcut with policies and procedures that apply uniformly to bOlh federally financed and olher activities of the organization. d. Dc accorded consistel.t treiltmcnt. e. Dc determined in accordance wIth generally accepted accounting principles. f. Not be included as a cost or used to meet cost shilring or matching rtiquircments of any olher federally Iinanced program in either the currenl or II prior period. /;. Be ad~qualely documenred. 3. Reasonable costs. A cos! is reasonuble if. in its nature or amount. i(does not exceed that which would be Incurted by.a pn:dent person under the circumstll'nces prevaOing at the time the decision was made 10 incur the costs. The question of the reasonableness,of specific costs musl be scrutinized with particular care in connectign with organizations or separate ~ivisi<?os thereof which receive the preponderance 01 their support from awards made' by Fede.r<ll agencies. In determining the reasonableness of a given cost. consider<ltien shall be given 10: a. Whether the cost is 01 a Iype generally recognized as ordinary and necessar)' for the opera lion of the organization or the performance of the award. b. The restrain Is or reC]uirements imposed by such factors as generally accepted sound business practices. arms length bargaining. Federal and State laws and regulations. and terms and conditions of the award. c. Whether the indivldli'alsconcerned acted ....ith prudence in the circumstances. considering their responsibilities to the organization. its members. employees. and clients. the public at large. nnd the Government. d. Significaril deviations from the established praclices 01 the orgJnization which may unjustifiably increase Ihe award cosls. 4. Allocable cas Is. a. A cost is allocable to a particular cost objective. su~h as a grant. project. service, or other aClivity. in accordance with the relative benefits received. A cost is allocable to a Government award if it is trealed consistently with other costs incurred for the same purpose in like circumstances and if i.t: (1) Is incurred spccifically for the award, (2) Benefits both the award and other work and can be dis:ributed in reasonable proporlion 10 the benefits received. (3) Is necessary to the overall opere lion of the organization. althouoh a direct relationship to an)' particular cosl objective cannot be shown. b. Any cost allocable to a particular award or other cost objective under these prinr.iples may not be shifted to other Federal awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the terms of the award. 5. Applicable crediL~. a. The term applicable credits refers to those receipts. or reduction of e)(penditures which opera te \0 offset or reduce expanses items that ere al10caule to awards 85 direct or indirect costs. Typical examples of Buch tranwclions are: purchase discounts. rebates or allowances, recoveries or indemnitics on losses, insurance reCund.. and adjustments of overpayments or erroneous charges. To Ule extent thai such credits accruing or received by Ihe organization relale to allowable cosl they shall be credited to the Government either as a cost reduction or cash refund os. appropriale. b. In some instances. Ihe amounts received form the Fcderal Government to finance organizational activities or service operations should be trllaled as applicablc credits. Specifically. the concepl of r.elting such credit items against related expenditurcs should be applied by the organizaton in deterrning the rales or amounts 10 be orgilnizat:on in determining the rales or arnaounts tobe charged to Federal awards for services rendered whenever the facilities or other resources used in providing such . services have be!!n financcJ c!irectly. in whole or in part. b). Federal funds; a( c) For rules covering program income (Le.. gross income earned from federally supported activities) see Allachment D 01 OMI3 Circular A-110. . 6. Advance and understandings, Under any given"award the rea60nablen~ss and allocability of certain items of costs may be difficult to determine. This particularly true in connection wilh orgi:Z;Btio~ thai receive a preponderance of their support from Fcdcrul agencies. In 'order to avoid subsequant disallowance' or dispute based on unreasomiblene~s or nonall~abili\y. II is oCt!!n desirable 10 seek a wrilieil agreement with the cognizant or awarding .allenqi in advance of the incurrence of special or unusal costs. The absence of an advance apreement on any element of cost will not. in itself. affectlha reasonableness or aliocabi!ily of that element. B. Direct Costs 1. Direct cosls lire those that can be identified sp!!cifically w;th a particular final cost objective: Le.. a particular award. project. service. or other direct activity of an orgftnizOllion. However. a cost ma\' nol be assil!ned to lin aW<lrd 8S a direct cost if aD\' oih~r cost incurred for the same purpose. i~ like circumstance. has been allocated to nn award as an indirect cost. Cost identified s;1eciflclllly with awards are direct cost of the awards end are to be 8ssigned directly thereto. Gost identified specificaliy with other final cosl objectives of the organization arc direct costs of those cosl objectives and are nol to be assigned to oth!!r award. directly or inclirectly. 2. [,ny direcl cost of a minor'llmount may be treated i1S an indirect cC'~t ofor reasons of pructicality where the occollnt treatment fur such cost is consistently applied tu all final cost objecth'es. 3. The cost 01 certain activities arc not allowable liS charges to Federal awards (see. for example, fund raising costs in p<lragraph .I A-122:2 21 01 I\llachment B), However. even Ihollgh these cosl8 are unallowable for purposes of computing charges to Federal awards. they nonelheless must be trealed as direct eosl for purpose. of delermining Indirect cosl rates and be allocated their share of the nrganization's indirect cosls if they represent octi\.ities which (1) indude the salaries of personnel. (2) occupy sp~ce. and (3) benent from the organization's indirecl costs. 4. The costs of activities performed primarily a8 a service to members. clients, or Ihe gnnerBI public when significant and necessary to Ihe orgunizalion's mission must be \rea ted as direct costs when or not nllov.'uble and be allocllted an equitilhle share of indirecl costs. Some examples of these typC' of activities include: II. MlIinlenllnce Qf membership rolls. subs.criptions. publica liom. 0 nd rela ted fundiol16. b. Providing services and information to members. legislative or administrative bodies. or the public. c. Promotion. lobbying. ond other forms 01 public relations. d. Meetings Bnd conferences except those held to conduct the genera! administration of the organization. 3. !\Iaintenacne. protection. and investment uf ~pecial funds not used in operation of the orguniza I ion. r. Administration of group benefits on behelf of members of clients includi:1g life .and hospital insurance. annuity or retirement plans. financial aid, etc. C. Indirect Cosl. 1. Indirect costs are those that have been incurred for common or joint objectives and cennol be readil~'. identifilld with a p<lrticular fin,,1 wst objective, Direct c.:Jsl of minor amounts may be treated as indirect cosls under thi) conditions described in paragraph B.2. abo\'e. After dirp.ct costs have been determined and assigned directly to awards er other work as appropriate. indirect costs arf those rem;;ining to be allocated 10 benefiting co~, objectives. A cost mp.y not he allocated \0 an award as an indirect co~t if Clll" othp.r cost incurretl for thc iame purpose. in 'm:e cir~wn.tance~. .has been aS6ig~ed to an ",,:ard as a direct cos\. 1 Z. Because of the diverse characteristics IInd accounting practices of nonprofit crganizalions. it is not possible \0 specily Ule tYIlP.S 01 cost which maY be classified 116 i~riirect cost in all silu~tion. However, lypic"l e~amples of indirect cost for many nonprofit organizations may include depreciation or use allowance.s o~ buildings and equipment, the costs 01 operating and msintaining f.lcilities. and general administration and g('neralllxpenses, sllch as the sBlaries and expenses of executive officers, personnel administration. Bnd 8.ccounting. D. Allocation of Indirect Cost and Dr/erminotion of lndirect Casl Rutf's. 1. General. a. VI'here a nonprofil or!!anizolion hdS only une rr:li;Ur function, or where ail i\s major functions benefit frum its indirect costs to approximatel)' the same degree, the allocclion of indi:ccl Gosls and Ihe I Office of Management and Budget Circular A-122 (6/27/80) computation of an indirect cost ute Dl&y be accomplished throu~h simplified alloc8tion procedures as dosc:ribed in paragraph 2 below. b. 'A/here an ofgonir:ation hal several major functions which benefit from its indirect cosls in varying degrees. allocation of indirect costs may require the accumulation of luch costs Into separate cost groupings which then are allocated individually 10 benefiting functions bv menns of a bo,e which best measures the rp.lntive degree of benefit. The indirect cosls hllocaled to each function are lhcn distribuled to individual awards and other activities included in thai dunction by means of on indirect COil rote(s}. c. The determination of whal constitutes an or~anization's mnjor functions will depend on its purpose in beins: the types of sen'ice' it renrlers to the public, ils clients. and jls members: ond the IImollnl of errorl II dcvolcs to such activities os fund raising, public information and membership activities. d. Specific melhod, for alloca ting indirect costs and computing indirect cost ra les along wilh lhe conditions under which each method should be used are described in paragraphs 2 through 5 below. e. The base pcriod for the allocation of indirecJ costs is the period in which such costs are incurred and accumula ted for allocation wowork performed in that period. The base period normally should coincide with the organizaUon', fiscal year. but in any evnt, shall be so selected 0& to avoid Inequities in the allocation of the costs. 2. Simplified allocation method. . a. V.'here an organizalion's major functions benf:fit from i ls indirect co, ts to approximately the same degre. the a!localion of indirect costs may be acco:nplished by (i) separating the organi:r.ation's total costs for the base period as either direct or indirect. and Iii] dh'iding the totalllllowable indirect costs (net of ap'piic:able credits) by an equitable distribution base. The result of this process is an indirect cost rale which is used to distribute indirect costs to individual a wards. The ra te should be expressed as the percentage which the total amount of allowable indirect costs bears 10 the bose selected. This method should alos be used where an organization has only one major function encompassing a number of individual projects or Ilcti\'ities, and may be used where the level of Federal awards to un organi:r.alinn is relatively smalL U. both the direct costs and the indirect ccsts shall exclude capasl expenditures and unallowaule costs. I iowever. unallowllble costs which represent activities must be included in the direct costs under the conditions described in paragraph B.3. above. c. The distribution base ma}' be total direct costs (excluding capital exp,mailures and other distorUng items, such Ii~ major subcontracts or s~bbranlti). direct selaries and ,,"uges, or other bsse which results in an equitable distriblJtion. The dis:ributioll base shall generally exclude partidpant suport cosL' as defined in paragraph 211 of Attac:hment B. d. Exce~.t ""here a s!-,ecia! rc\e(s) i~ required in accordance with paragraph 0.5 below. the .indirect.~t ule d400fG1oped.....d.er the above princ,ipw., ~5 gro>liCIIIJ\c JD sll Bwsrd, al.the O<1lani:u<lion..u a spocinl rate(s) is required..llppraprialtl moduIl;..tiorul shall be made in order to develop .the special ratc{s}. 3. Multiple aJlocation base method. a. Where an oTF8nization's indiract cosls benefit its major functiona in \'8rying degrees. Buch costs shall be 8ccumutatod into Beparate cost grouJrinl!R. Each grouping shall then be IIllocaled individually to benefiting functions by means of 8 bose which best measures the relative benefih. b. TIle groupings shall be estnblished so as to permit the allocation of aach grouping .on the basis of benefits provided to the major functionB. Each groupin.'; should consLllute a pool of expenses that are of like character-in lerms of the fllnnlions they henefitllnd in tcnllS of lhe ullucllliulI hllR" whl'~1 I"'Nt measurs lhe relative benefits providd \0 each function. The number of separate groupings should be held within praclicallimits. taking into considerution the materialily of lhe amounts involved and the degree of precision desired. c. Actual conditions must be taken into account in selecling the base to be used in allocating the expenses in each grouping to benefiting functions. When an allocation can be made by assignment of B cost grouping directl~' to the function benefi ted. the allocation shall be made in that manner. When the expenses in a grouping are more general in nature. the allocation should be made through the use of a selected base which produces results that are equitable to bolh the Government and the organi:r.ation. In general. any cost element or cosl related factor associated with the organi:r.ation's work is potentially adaptable for use as an alloca lion base provided Ii) it can readily be expressed in terms of dollars or olher quanlitaUve measures [total direct costs, direct salaries and ....ages. staff hours applied. square feet used. hours of usage. number of documents ~rocessed. popula lion served, and the like) and (ii) it is common to the benefj ling functions during the lJase period. d. Except where a special indirect cost rale(s) is required in accordance with paragrilph 0.5. below. the sepnrate groupings of indimct cosls allocated \0 each major function sholl be agrcgated and treated as a common pool for that function. The cosls in the common pool shall then be distributed to indivisual awars inciuded In that function by use of a single indirect cost ra te. e. The distribution base used in computing ti,e indirect cost rate for each function mav be tolal direct costs (excluding capital . c:-;penditures and other distorting items such LiS major subcontracts and subgrants), direct ~aJaries and wages, or other ase which results in an equitable distribution. The distribulion base shall generally exclude participant support costs as deCined in paragraph 29. Allachment B. An indirecl cost rate should be developed fir each s~parate indirect cosl pool developed. The rate in each case should be staled as the percentage whinh the amount of the particular indirect cost pool is of the distribution base identified .I A-122:3 with that~ 4. Direct allocation nre!hod. a. Some rnmprofil organi:r.atiom, treat all costs as direct cosls expect general administration and general expenses. These organizations generlllly sepurale their costs inlo thre basic categories: (i) General administration and general expenses, (ii) fund raising, and (iii) other direclfunctions (including projects performed under Federal awards), Joint costs. such as depreciation, rentnl costs. operation and maintenance of facilities, telephone expenses, and the like are proraled indivisually as direct cosl 10 each category and to each award, or other activity using a base most appropriate to the particular cost being proruted. b. This method is acceptable provided each joint co.st is prorated using a base which IlcGllfalely mellSllfes the henefils provided 10 cllch IlwlI'rd or ulhcr IIcllvll\'. Tho hll""" 11111111 be established in accordan~e wilh resonable criteria. and be supporled by current dnta. This method is compatible with the Stnndards of Accounting and Financiu! Reporting for Voluntary Health and Welfore Organizalions issued jointly by the National Health Council. Inc., the National Assembly or Volunlar\' Health and Social Welfare Organi:r.ati~ns, and the United Way of America. c. Und!lr this method, indirect costs consist eclusively of gnneral administrl1tion and generu 1 expenses. In all other respects. the orgnnization's indirect cost ratess sha! be computed in the same manner as that described in paragraph 0.2 above. S: Special indirect cost rates. In some instances. a single indirer.l cost rale for all . activities of an organi:r.atlon or for each major function of the organiza tion ay not be appropriate, since it would not take into account those different factors which may substantially affect the indirect costs applicable to a particular segment of work. For this purpose. a particular segment of ,""ork. For this purpose. a particular segment of work may be Ihat performed under a single award or it ma\' consist of work under a group of awards performed in a common environment. the factor.. may include the physical location of the work, the level of administra tive support required. the na ture of the facilities or order resources employed. the scientific disciplines or technical skills involved. the organizational arrangemenls used, or any combination thereof. VVhen a particular segment of work is performed in an environment which appears 10 generate a signiricantly different level of indirect costs, provisions should be made for a separate indirect cost pool applicable to such work. The separate indirect cost pool should be developed during the course of the regular ollocation process, and the separate indirect cost rate resulting lherefrom should be used provided it is determined that (i) the rate differs significantly from that which would have been obtained under paragraph 0.2, 3. and 4 above, and (ii) the volume of work to which the rate would apply is material. E. Negotiation alld Appro vol of Indirect Cost nates. I Office of Management and Budget Circular A-122 (6/27/80) 1. Definitions. As used in this section. thl: following terms have the meanings set forth below: a. "Cognizant agency" menns the Federal agency responsible for negotia ting and approving indirect cost rates for a nonprofit organizalion on behalf of 011 Federal agencies. b. "Predetermined rote" means an indirect cost rate, applicable to 0 specified current or future period, usually the organization's fiscal Year. The rate Is based on an estimate of the costs 10 be incurred during the period. A predetermined rate is nol 8ubject to 8djustment. c. "Fixed rale" means an indirect cost rate which has the slime characterislic~ as 0 predetermined rale, excepl thaltne difference between the estimated costs and the actual costs of the period covered by lhe rule is carried forward a8 an adjustment to lhe rate compulation of a subsequent period. d. "Final rate" means un indirect cost rate applicable to a specified post period which is based on the actual costs of the period. A final rate is not subject to adjustment. e. "Provisional ra te" or billing ra te means a temporary indirect cost rale applicable to a specified period which is used for funding, interim reimbursement, and reporling indirect cbsts on awards pending the establishment of a ra te for the period. r. "Indirect cost proposal" means the documentation prepared by an organization to 8ubslantiale its claim for the reimbursement of indirect costs. This propasal provides the basis for the review and negotiation leading to the establishment of an organization's indirect cost rate. g. "Cosl objective" means a function, organizational subdivision, contract, grant, or olher work unit for which cost da ta are desired and for which provision is made to accumulate and measure the cost of processes, projects, jobs nnd capitalized projects. 2. Negotiation and approt'aJ a! rotes. a. Unless different arrangements arc agreed to by the agencies concerned, the Federal agency wit.h the largest dollar value of awards wilh an organization will be designated as the cognizant agency for the negotiation and approval of indirect cost rates and, where necessary, other rales such as fringe benefit and computer charge-oul rales. Once an agency is assigned cognizance for a particular nonprofit organiza tion, the assignment will not be changed unless there is a major long.term shih in the dollar volume of the Federal awards to the organization. All concerned Federal agencies shall be given the opportunity to parlicipa Ie in the negotia lion process, but after a rate has been agreed upon it will be accepted by all Federal agencies. When a Federal agency has reason to believe thaI special operating factors affecting its awards necessilate special mdlrect cost ra les in accordance wilh ~aragraph D.5 above, it will, prior 10 the time loe rates are negotiated, nolify the cognizant agency. b. A nonprofit organization which has not previously established on indirecl cost rale with a Federal agency shall after the crganization is advised that an oward will be made and. in no event, laler than three months after the effective dale of Ihe award. c. Organizations lhat have pre\'iously estabiished indirect cost rail'S must submit a new indirect cost proposal to the cognizant agency within six months after tne close of each fiscal year. d. A predelermined rate may be negotiated for use on awards where there is leasonable assurance, based on pas I experience and reliable projection of the organization's costs. that the rate is not likely to exceed a rale ba~ed on the organization's octua) cosls. e. Fixed rates may be negotiated where predetermined rates are not considered appropriate. A fixed rate, however. shall not be negotiated if [i) all or a substantial portion of lhe organization's awards are expected 10 expire before the carry.forward adjustment can be made: (ii) the mix of Government and non.government work at the organi7.ation is too erratic to permit an equitable carry. forward adjuslment; or (iii) the organization's operations nuctuale significantl)' from year to year. f. Provisional and final rales shall be negoliated .where neither predetermined nor fixed rates are appropriate. g. The results of each negotiation shall be formalized in a written agreement between the cognizant agency and the nonprofit organization. The cognizant agency shall distribute copies of the agreement to all concerned Federal agencies. h. If a dispute arises in a negotiation of an indirect cost rate belween the cognizant agency and the nonprofit organization, the dispute shall be resolved in accordance with the appeals procedures of the cognizant agency. i. To the extent that problems ure encounlered among the Federal agencies in connection with the negotiation and approval process, the Office of Management and Budget will lead assistance as required to resolve sllch problems in a timely manner. [Circular No. A-122] Allachmcnt B Selected hems of Cost Table of Contents 1. Advertising costs 2. Bad debts 3. Bid anrl proposal costs [reserved) 4. Bonding costs 5. Communication costs 6. Compensa lion for personal services 7. Contingency provisions fl. Contributions 1>. Deprtciatlon llnd use allownnces 10. Donations 11. Employee morale, health and .welfare costs snd credits 1::. EnlerlBinrnent costs 13. Equipment and other capital expenditures H. Fines and penalties . 15. Fringa benefils Hi. Idle 'racilities and idle car-nci:y 17. Independent research and development (resen'ed) In. Insurance and indemnification 19. Inlere~l. fund-raising. and investment managem!:nt costs 2.0. Lebar relalions costs .I A-122:4 21. Lpss('s on othe. award. 2::. M;Jiolen~nce a:1d r<:pllir costs 23. MateriRls I',nd supplies 24. l\kelin;-:s. confercncr:s 2.;. Meml..erships, subscriptions. ~lld prGfcssional activity cosls 20. Organization costs Z7. O,'erlimc, exlra'pRY shifl. and multishifi prcmiurr,s 28. Page chargcs in professiunal journals Z9. P~rticipllnt support costs :l9. Palenl costs 31. Pension pluns 32. Plunt sccurity costs .33. PreawRrd cosls 34.. Professionlll service costs 35. Profits and 10llses on disposition of depreciuble properly or other capitol IIssels JfJ. Public it'iformlltion sen'ice cosls 37. publication nnd prinling costs :in. Rearrangement and alteralion costs 39. Recon\'ersion costs 40. Recruiling cosls 41. Relocation cost~ 42. Rental costs 43. Royalties und other costs for lrt;c of palents Bnd copyrights 44. Severance pay 45. Specialized service facilities 46. Taxes 47. Termination costs 40. Trainms and education costs 49. Transportation costs 50. Travel costs [Circular No. A-l22] Allnchmenl B Selected hems of Cost Paragraphs 1 through 50 provide principles to be applied in establishing the allowubility of certain items of cosl. Thege principles apply whether a cost is trea ted as direct or indirect. Failure to mention a particular item of cost is not intended to imply that it is unallowable: rather determination as to nllowability in "ach case should be based on the trealment or principle~ provided for similar or rela led items of cosl. 1. Ad,'ertising casts. .. "I a. Ad"ertising cosls mean the costs of. - media sl'.rvices and associated costs. Media advertising includes magazines. new~pap~rs. radio and television programs. direct maiL exhibits. and the like. b. The only advertising cosls allowable are those which are solely for (i) the recruilment of personnel when considered in conjunction with all other recruitment costs, as set forth in parasraph 40;.(ii) the procurement of goods and scrvices: (iii) the disposal of surplu5 materials acquired in the performance of the awnrd except when organiz:ations are reimbur~ed for disposals at II predetermined nmount in accordance with Attachment N of OMU Circular A-110: or (h'l specific requirements of the award. 2.. Bad dobis. Bad'{!ebts. including losses (whether aCluli1 or estima led) arising from uncollectible accounts IInd othor c1l1ims, related collection cosls. and relall'o;l legal CO~18. Iirc una 1I0wable. 3. Bid and proposal costs. [rescrved) 4. nandin!] costs. !' .-.\ I I Office of Management and Budget Circular A.122 (6/27/80) a. I30nuing cosls arise wh!)n the . Government requirCl6.assurance al(R\ll6t lirltlocialloss 10 it.sell or others hy reason of Ihe act or default of the organiLation. They urise otso in instances where the or!!aniution rr.quirtls similar assurance. Included are such bonds as bid, performance. paymenl.. . u~hanee payment. InfringemenL and fidelity bunos. b. Custs of bonding required pursuanl 10 the terms of thr. awardllrr allowlIhle. c. C05ts of bonding required bj' the org.lniz.1Jtion in the general conducl of ill opr.rat:ons arc allowable to the e>:tcnlthot slIch bonding ls in occordnnce with sound business practice 0 nd the ro les Bnd premiums /He reason"ble umler the circumstances. 5. Communication oo,qt~. Costs incurred for tclel'hone servicea. local and long distance telephone coils, teleg:nms. radio1\f1um. poslage and the li~e. are allowable. 6. Compensation for personal sen'ices. a. Definition. Compensation {or penonal services includes /Ill compe:lsallon poid currenlly or accrued by the organi::ation for services of employees rendered during the period of the award (exccpt os otherwise pro\'ided in paragraph g. below). II includes. but is not limited to. aalaries. wages. director's and executive commiltee member's fees. incentive awards. {ringe benefits. pension plan coats. allowances lor oIT-site pn~'. incentive pay. location allowances. hcrdship pay, ODd cost of li\'ing differentials. b. A /Jowabilily. Except as otherwise s;lecifically provided in this paragraph the costs of such compensation are allowable to the extent that: (1) Total compensation lo.individual employees is reasonable for the aervices rendered end conforms to the estabiished policy of the orgoni2:Blion consistently applied to both Government and Don- Government activilies: and (Z) Charges to awards whether treated as direct or indirect cost. Eire dete.mint:d and supporled a's required in this paragraph. c. ReosanablCIless. (1) When the organizatiOf) is predominantly engaged in activities olber lban lbose sponsored by the Government. compensation for employees on Governmont-sponsored work will be considered reasonable 10 the extent that It is consislenl with that paid lor similar work in Ihe organi2:ation's other aclivities. (Z) When the organization is predominantly engaged in Government.sponsored activities and in cases where the kind of employees required for the Government Bcti\'itieB.are not found in the organizatioo's other aclivities, compensation for employees on Government-sponsored work will be considered reasonable .to the extent thal it is comparable to that paid for similar work in the la bor markets in which the organization competes for the kind of employees involved. d, Special considerotions in determining allowabilil.l'. Certain conditions f'e{juire special consideration and possible limitations In determining cos.!s under Federal awards where amounts or typC$ of compensation appear unreasonable. Among such conditions are Ihe lollowing: [1) Compensu lion to members of nonprofil orpaniL;:tions. trustees. direclors. a~soc.iRtes. officers. or the immedinle l..milie8 thereof. Determination should he made thot sllch compensation is reQsnnnlJle for the actunl person"t servir.es rendered rllther than a distribution of earnings in excess of cos~. (2) Any change in an orgnlli:tBtion's compcnsalion policy rr.sulting in a substantial increase in the organi2:alion's level of compensation. particularly when it was concurrent with on increase in the ratio of Government cward~ to other activities of the organiz.ation or any chnnge in the trentmenl of allowaliility of specific t)'pes of compensatiun due to changes in Government policy. e. Unallowable casts. Costs ",'hich are unnllowable under olher paragraphs of thi~ Attachment shall not be allowable under thi, paragraph solely on tile basis that they constitute personal compensation. f. Fringe benefits. (1) Fringe benefits in the {onn of regular compensation paid to employees during periods of authodLed absences Irom the job, such as vacalion leave. sick leave. mililary leave. aud the like, arc allowable provided such costs are absorbed by 011 organization activities in proportion to the relative amount of time or effort actually de~'oted to each. (2) Fringe benefits in tbe lorm of employer contributions or expenses lor social securily, employee insurance. workmen's compensation insurance. pension plan costs (see paragraph g. below). and the like. are allowable provided such benefits are granted in accordance with established wrillen organization policies. Sucb benefits whether trea led as indirect costs or as direct costs. shall be distributed to particular awards and other activities in a manner consistent with the pallern o{ benefi ts accruil18 to the individuals or group of employees whose salaries and wages arB chargeable to such awards and other adivilies. (3)(a) Provisions for a reserve under a self- inSurance program for unemployment compensation or workmen's compensation ere allowable to the ex lent that the provisions represent reasonable estimates of the liabilitiec for such compensation. and tho types of coverage, exlenl of coverage. and rates and premiums would have been allowable had insurance been purchased 10 cover the risks. Howevor. provisions for self. insured liabilities which do not become paya ble lor more than one year after the provision is made shall not exceed the present value 01 the liability. [b) Where an organization follows a consistent poley 01 expensing actual payments to. DrOD behalf 0[, employees or former employees {or unemployment :CO-mpensation or workmen's compansation. such.payments are allowable in the year of -payment with the prior approval o{ the awarding agency provided they are allocated toall activilies of the organizalion. (4) Costs of insurance on the lives of lrustces. officers, or other employees holding positions of similar responsibility are allowable only to the extent that the insurance represents additional compensation. The costs of such insurance when the organization is named as. .1 A-122:5 beneficiary are unallowable. g. Pension pIon casts. . (1) Co~ts of the organization's pensIOn plan which are incurred in accordance with the e~tablished policies of the organization are allowable. provided: (a) Such policies meet the test of reasonableness; (b) The methods of cosl allocation are not discriminatory: . (c) The cost assigned to each fiscal year is delermined in accordance with generally accepted accounting principles as prescribed in Accounting Principles Board Opinion No.8 issued by the American Instilute of Cerlified Public Accountanls; and (d) The costs assigned to a given fiscal yenr ere funded for all plan participants within six months alter the end of thaI year. However. increases to normal and past service pension cosls caused by a delay in funding the Bctuarialliability beyond 30 days alter each qunrler 01 the year towhich such costs are assignable are unallowable. (2) Pension plan termination insurance premiums paid pursuanlto the Employee Retirement Income Security Act of 1974 (Pub. L. 93--400) arc allowable, Late payment charges on such premiums are unallowable. (3) Excise taxes on accumulated funding deficiencies and other penalties imposed under the Employee Retirementlncome Security Act are unallowable. h. lncenth'e compensation. Incentive compensation to employees based on cost reduction, or efficient performance. suggestion awards. safety awards. etc.. are allowable to the extent that the overall compensation is determined tobe reasonable and such cosls are paid or accrued pursuant to an agreemenl entered into in good faith between the organization and the employees before the services were rendered, or pursuant 10 an established plan followed by the organization so.consistently as to imply, in effect. an Bgreementto make such payment. .' . i. Overtime. extra pay shift. and mull1shlft premiums. See paragraph 27. j. Severance po)'. See paragraph 44. k. Training and education CIO~tS. See paragraph 48... .' 1. Support of salaries ond wages. - (1) Charges to awards lor salarie~ and wages. whether trea ted as direcl cosls or indirect costs. will be based on documented payrolls approved by 8 responsible official{s) of the organization. The distribution of snlaries and wages 10 awards must be supported by personnel activity reports as prescribed in subparagraph (2) below. except when a substitute system has been approved in "'Tiling by the th~ cognizan t agency, (See paragraph E.2 of Attachment A) (Z) Reports reflecting the distribution of activity of each employee must be maintained for all staff members (professionals and nonprolessionals) whose compensa tion is charged. in whole or in part. directly 10 awards. In addition. in order to Bupport the allocalion of indirecl costs. such reports must also be maintained for other employees whose work involves two or more funcitons or activities if 8 distribution 01 their compensation between such lunctions or or.livilies is needed in the determination of I .1 , . Office of Management and Budget Circular A-122 (6/27/80) theorganization's indirect cost rale(s) (e.g.. en employee engaged part-time in indirect cost activities and part. time in a direct function). Reports maintained by nonprofit organizations to satisfy these requirements must meet the following standards: (a) The reports must reflect an after-the- fOCI determination of the actual activity of each employee. Dudget estimates (Le.. estimates determined before the services are performed) do nol qualify as support for chllr~es to awards. (b) Euch report must account for the totol acti\.ity for which employees are compensated and which is required in fulfillment of their obligations to the organizotion. (c.) The reports must be signed by the individual employee. or by a responsible supervisory official having first hand knowledge oLthe activities performed by the employee. thot the distribution of activity represents a reasonable estimate of the actual work perforrnad by the employee during the periods covered by the reports. (d) The reports must be prepared at least monthly and must coincide with one or more pay periods. (3) Charges for the salaries and wages of nonprofessional employees. in addition to the 'supporting documentation described in subparagraphs (1) and (2) above. must also be supported by records indicating the total number of hours worked each day maintaioed in conformance with Department of Labor regulations implementing the Fair Labor Standards Act (29 CFR Part 516). For this purpose. L'le term "nonprofessional employee" shall have the same meaning as "nonexempt emplo~'ee," under the Fair Labor Standards Act. (4) Salaries and wages of employees used in_meeting cost sharing or matching requirements on llwards must be supported in the same manner as salaries and wages claimed for reimbursement from a\,,'arding agencies. i. Contingency provisions. Contributions to a contiogency reseM-'e or any similar provision made for events lheoccurrence of which cannot be icretold with certaintv as to time. intensity. or with an assuronce or their happening. are unallowable. The term "contingency reserve" excludes self. insurance reserves (tee paragraph 6.f.(3) and lG.a.(2)(d)): pension funds (see paragraph 6.(g)); and reserves for normal severance pay (see paragraph 44.(b)(l). 6. Contributions. Con:ribulions and donations by the organization to others are unallowable, 9. Deprecioiion and use allowances. a. Compensation for the use of buildings. other capital improvements. and ~quipment G~ r.and may be made through use ?liowanr;es or depreciation. However. except as prrwidcd in paragraph f. below a l:omuinalion of the two methods mav nol Ix! l:sed in connp.ction witl: a single cla;s of fixed as.~ts (e.g.. buildings. office equipment. COlllputer equipr.1ent. etc.). b. The computation of use allo",'ances or r.'~pr ciat,c,n shall be based on the ;;,~'!" silion cost of the assets involved. The ur.o:; silioo Cosl of an osset donated to the or~anization by a third part~. shall be its fair market value at the time of the don<ltion. c. The computation of use allowonces or depreciation will exclude. (1) The cosl of land; (2l Any portion of the cost of buildings and equipment borne b)' or donated by the Federal Government irrespective of where title was ori~inally vested or where it presently resides; and (3) Any portion of the cost of buildings and equipment cO:1tributed by or for the orl'anizatiun in satisfaction of a Sl'ltulory matching retiremenl. d. Where the use allowance method is followed. the use ollowance for buildings and improvement (including land improvements such as Pllved rarking areas. fences. and sidewalks) will be computed at an annual rate not exceecing two percent of acquisition cost. The use allowance for equipment will be computed at an annual rate not exceedir.g six and two.thirds percent of nC9uisilion cosl. When the use allowance method is used for buildings. the enlire building must be treated os a single asset; the building's components [e.g. plumbing system. healing and air conditioning. etc.) cannot be segregaled from the building's shell. The two percent limitation. however. need not be applied to equipment which is merely attached or fastened \0 the building but not pt'rmanenlly fixed to it and which is used 8a furnishings or decorations or lor specialized pU'i'oses (e.g.. dentist chairs and dentaltreatrnent units, counters. laboratorv benches balled to tha fioor. dishwashers:carpeling. etc.). Such equipment will be considered as not being permanently fixed to the building if it can be removed without the need for costl\' or extensive allerations or repuirs to the building or the equipment. Equipment that meets these criteria will be subject to the six and two-thirds percent equipment use allowance limitation. e. Where depreciation method is followed. the period of useful service (useful life) established in each case for usable capital essets must take i:lto consideration such factors as type of construction. nature of the equipment used. technological developments in the particular program area, and the renewal and replacement policies followed for the the individual items or classes of assets involved. The method of depreciation used to assign the cost of an /lsset (or group of assets) to accounting periods sball reflecl the pattern of consumption of the asset during its useful life. In the absence of clear evidence indicating that the expected consumption of the assel will be significantly greater or lesser in the early portions of ils uscfullife than in the later portions, the s:raight.line method shall be presumed to be tr.e appropriate method. Depreciation fI1cl.hods once used shall not be changed uniess approved in advance by the cognizant Fecp.ral agency. When the depreciation melhod is introduced for application to assels previously subject 10 a use allowance. the combination of use all'Owances and ckprecialion applicnble to such assets must not exceed the total acquisition cost of the nssets. VI'hen the depreciation method is usell f<.r huildinl's. a buildil1l:'& shell may ue A-122:6 Sl'gregaled from each building component (e.!!.. pl.Jmbing system. heating. and air conditioning system. etc.) and each item depreciated over ils eslima'ed useful life: or the entire building (Le.. the shell and all cumponents) may be trealed as 8 single asset and depreciated over a single uscfullife. r. When the depreciation method i6 used for a particular class of assets. no depreciation may be allowed on any such assets that. under pura!;roph e. above. would he viewed a6 fully depreciated. However. a reasonllble use allowance may be negotiated for such assels if worranted after taking into consideration the arnount of depreciation previously charged \0 the Government. the estimated useful life remaining 01 time of negotiation. the effect of any increased maintenance charges or decreased efficiency due to age. and any other foctors pertinent to .the utilization of the asset for the purpose contemplated. g. Charges for use allowances or dcprecio tion must be aupported by odequa te property records and physical inventories must be taken at least once every two years (a statillical sampling basis is acceptable) to ensure that assets exist and are usable and needed. When the depreciation method is followed. adequa te deilrecia lion records indicating the amount of depreciation taken cach period must also be maintained. 10. Donations a. Services received. (1) Donated or volunteer services may be furn~shed to an organization by professional and technical personnel. consultants. and other skilled and unskilled labor. The value of lhese services is not reimbursable either as o direct or indirect GOsl. (2] The value of dona ted services utilized in the performance of a direct cosl activity shall be cClnsidered in lhe delermination of ti.e organiz.ation's indirect cost raters) and. accordingly. shall be allocftted a J,roporlion::ltc share of applicable indirect costs when the following circumstances exist: [a) The agg:-egate \'Hlue 01 the servic;cs is nl"terial: [b) The service6 are supported b~'-{l signiric;:Jnt <lmo\mt of lbe i~lirect costs. . . incurred bv the organiza lion: Ic) The dirr.ct cost aclivity is not pursued primarily for the benefit of the Federal Go\'(,mmenl. (3) In those illstances where there is no b,lSis fm determinin~ the fair market value of the services rendCTeri. the recipient and the cognizant Hgency shall negotiate an "i;propriale aiiocution of inJirect cost to the s(~n:;ccs. (4) Where donated services direclly benefit a ;:rojcct supported by an a ward. the indirect cosls alloca ted to the services'" ill be considered as a part of the total costs of the projecl. Such indirect cosls may be reimbursed under the award or used to meet cost sharing or matching requirements. (5) The valae of t~e donated servicc,s may be used to mecl cost sharing or matching requirements under conditions described in 1'.ltachment E. O!\1B Circular i'\o. A-llQ, \\'hcre donated services ore tre,lled as indirect costs. indirecI cost rales will sepamlc the value of the donations so that \ ., I Office of Management and Budget Circular A-122 (6/27/80) reimbursemenl will not be made. (6) Fair market value of dona led services shall be computed as follows: (a) Ilates for volunteer sen'ices. Rates for voluntel:rs shall be consistent with those regular rates paid for similar work in other activities of the organization. In cases where the kinds of skills involved arc not found in the other activities of the organiza tion. the rates used shall be consistent with those paid for similar work in the labor market in which the organiza tion competes for such skills. (b) Services donated by other organizations. When an employer donates the services of an employee. these services shall be valued at the employee's regular rate of pay [exclusive of fringe benefits and indirect costs) provided the services are in the same skill for which the employee is normally paid. If the services are not in the same skill for which tbe employee is normally paid. fair market value shall be computed in accordance' with subparagraph (a) auove. b. Goods and space. (1) Donated goods; Le., expendable personal property/supplies, and donated use of space may be furnished to an organization, The value of the goods and space is not reimbursable either as a direct or indirect cost. (2) The value of the donations may be used to meet cost sharing or matching share. requirements under the conditions described In Allachment E. OMB Circular No. A-ll0. The value of the donations shall be determined In accordance with Allachment E. Where donations are treated as indirect costs, indirect cost rates will separate thf value of the donations so that reimbursement will not be made. 11. Employee morale. health. and welfare. costs and credits. The costs of house publications. health or first.aid clinics. and/ or infirmaries. recrea lional activities. employees' counseling services. and other expenses incurred in accordance with the organization's estauiished practice or custom for the impro\'ement of working conditions, employer.employee relations. employee morale. and employee performance are allowable. Such costs will be equitably apportioned to all activities of the organization. Income generated from any of these activities will be credited to the cost . thereof unless such income has been irrevocably set over to employe~ welfare organizations. . 12. Entertainment costs. Cosls of amusement. diversion. social acti\'ilies. ceremonials. nnd cosls relating thereto. sue!. as meals'. lodging. rentals. transportation. and gratuities are unallowable (bul see p..rngraphs 11 and 25). 13. Equipment and other capilol e.\pcnditures. a. As used in this paragraph, the following tcnr~ ba\'cLhe. mrrqninm; l!.~.lfgrlh below: (1) "Equipmenl" means an article of nonexpcnda ble .tangible personal property haVing a uscfullife of more than two years Ilrld an acquisition cost of $500 or mo;e per unit. An organization ma\' use its own dcfinition provided that i'l alleast includes all nOO1expendable tnngible pcrsona! properly as defined herein. (2) "Acqui!ition cost" means the net invoice unit price of an item of equipment. including the cosl of any modifications. allachments. accessories. or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges. such as taxes. duty. protective in. transit insurance, freight. and ins lallation shall be included in or excluded from acquisition cost in accordance with the organization's regular wrillen accounting practices. (3) "Special purpose equiplolent" means equipment .....hich is usable only for research. medical. scientific. or technical activities. Examples of special purpose equipment include microscopes. x.ray machines. surgical instruments, and spectrometers. (4) "General purpose equipment" means equipment which is usable for other than research. medical. scientific. or technical activities. whether or not special modifications arc needed to make them suilable for a particular purpose. Examples of general purpose equipmen t include office equipment and furnishings. air conditioning equipment. reproduction and printing equipment. motor vehicles. and automatic data processing equipment. b. (1) Capital expenditures for general purpose equipment are unallowable as a direct cost except with the prior approval of the awarding agency. (2) Capital expenditures for special purpose equipment are allowable as direct costs provided that items with a unit cost of $1000 or more have the prior approval of the awarding agency. c. Capital expenditures for land or buildings are unallowable as a direct cost except with the prior approval of the awarding agency. d. Capita) expenditures for improvements to land. b\:ildings. or equipment which materially increase their value or useful life arc unallowable as a direct cost except with the prior approval of the awarding agency. e. Equipment and other capital expenditures ere unallowable as indirect costs. However. see paragraph 9 for allo.....abilit\' of use allowances or depreciatio"n on buildings. capita] improvements. and equipment. Also. see paragra~h 42 for allowability 01 rental costs for land, buildings. and equipment. 14. Fines and penalties. Costs of fines and penalties resulting Irom violations of. or failure of the organization to comply with Federal. State. and local laws and retulalions are unallow;;bie except when incurred as a result of compliance with specific provisions of an awa!'d or instructions in writing from the awarding agency. . 15. Fringe benefits. See paragraph 6. r. 16. Idle facilities and idle capacity. a. As used in this paragraph the following terms have the meanings set forth below: (1) "Facilities" means land and buildings or any portion thereof. equipment individually or collectively, or any other tangible capita'l ~sset. wherever located. and whether owned or leased by the organization. (2) "Idle facilities" means complete!\' unlls.cd facilities Iha: are e'(cess to the' organization's current needs. (:J; "Idle opncity" means the unll~cd _I A-122:7 capacity of partially used facilities. lt is tbe difference between that which a facility could achieve under 100 per cent opera ling time on a one.shill basis less operating interruptions resulting Irom time lost [or repairs. petupsr unsatlsfaclol1' materials, ana olher normal delays. and the extent to which the facility was actaally med lo meet demands during the accountin~ period. A mullishifl basis may ue used if it can be shown that this amounl of usage could normally be expected for the type 01 facilily involved. (4) "Costs of idle facilities or idle capacity" means costA such as maintenance. repair, housing. renL and other relaled CoSUl; e.g.. property taxes. insurance, and depreci;; tion or use allowances. b. The cosls of idle facilit.ies are unrtllo\~able except to the extelltlh"t: (1) They are unnecessary to meet nucluations in workload; or (2) Although not necessary 10 meet nuctuations in workload. they were nr:cessary when acquiretland arc now idle becauGe of changes in program requirements. efforts to achieve more economical operation~, reorgani:t.:ltion. termination, or other causes which could not have been reasonably foreseen. [:nder the exception stated in tbis subparagraph. costs of idle facilities arc allowable fo!' a reosonable period of time. ordinarily not to exc~ed one year. depending upon the initiative taken to use, lease. or dispose of such facilities (but see paragraphs 47.b. and d.). c. The costs of idle capacity are normal costs of doing business and are a factor in the normal nuctuations of usage or indirect cost ra tes from period to period. Such costs are allow>lble. provided the capacity is reasonably anticipated to be Decessary or was origi.'1ally reasonable and is s\:bjectlo reduction or elimination by subletting. rcnting. or sale. in accordance with sound business. economics. or security practices, Widespread idle capacity throughout an enlire facility or among a group of assets having substantially the same function may be idk facilities. ' 17. hdup.=ndcnt resc:o(Ch and dav~/opmen: lReserv~dl. . 18. Insurance and indemnification. I a. Insurance includes insu~ance which the organization is required to carry, or which is approved, under the terms of the .:ward and any other insurance which the organization maintains in connection with the general conduct of its operations. Thin paragraph docs not apply to insurance which represents fringe ben~fits for employees [~ee paragraph 6.f. and 6.g.[2J). (J) Costs of in3;,;-ance r~quired or ar-proveu. and maintained. pursuent to the award are allowable. (Z) Costs of other insurance m>ljnt~ined b\' the org;;nization in connection with the . pcneral conduct of its operations are Iillowable subject to the following limitations. [a) Types ond extent of covcrage shall be in l!ccordance with sound business practice and the r~tes ond premiums shall be reasonable under the circumstances. (01 C05t3 Allowed for business interruption or oth~r similar insurancc shall be limited to \ I Office of Management and Budget Circular A-122 (6/27/80) cxclude coverage of m<lnagem~nt fees. Ic) Cosls of insuronce or of any pro"i~icM for a reserve covering the risk of loss nr diill10ge 10 Government properly are allowable only In !he extr.nt thai Ihe orllqnizati!Jn i~ Hnhle for such loss or ,hm"O!'~. [J) Provisions for a reserve unJer a self. ins:Jrar,,:e prcgram are allowable to Ihe exlenl thallype.~ of coverage. cxt~nt of coverage. rnt.e~. ahd prr.miums woult! have been allowcd had il'.su~nnce been plln;hased to cov~r the ri~ks. Howr.ver. provision fur Icnnwn or reasonablv estimu'ed sr.lf-i:1~urcd liubilities. which do 'nol become paY3bie for more than one year after the provision is made shallllot exceed the present value of the liability. (e) Costs of insurance on the I(vcs of trustees. officers. or othr.r c:nployer.s holding positions of similar re~ponsiui!ities a~e allo"~able only to the extent L,ct the insurallce represents additional compensation (see pnragrAph 6). The cost of such insurance when the organization is identified as thr. beneficiary is unallow;;ble. (3) Actual losses which could hove been covered by perm[r.nible inslJra:lce [throu;::h Ihe purchase of insuran::e or a self.insurance program) ore unallowable unless expressly pro\-ided for in the awarn. except: (a) Cosis incurred benause of losses not covered under nomin;!l deductible insurance coverage provided in heping with sou:ld business practice are allowable. (b) Minor losses not covered by insurance. such as spoilage. breakag~. and c;:sappearance of supplies. which occur in the ordinary course of operations, are allowable. b. Indemnifica tion includes securing the organization against liabilities ~o third persons and an)' other loss or damag~, not compensated by insur>lllce or othen'l'ise. The Government is obligateclto indemnify the organization only to the exlent expressly provided in the award. 19; Intere:;t, fund r"ising. and in1'estment monogement costs. a. Costs incurred for interest on borrowed capital or temporary use of encowmenl fund3. however represented. are unallowable. b. Costs of organized fund raising. including financial campaigns, endowment drives. solicitation of gifts and beCjucsts. and similar expenses incurred solely to raise capital or obtain contributions are unallowable. c. Costs of investment counsel and staff Bnd similar expenses incuITed saleh' to enhance incom<:l frum Invest:nents a're unallowable. d. Fund raising and investment activities shall be allocated an appropriate ~hnrc ef indirect casts under the conditions described in paragraph B of Attochment A. 20. Lobor relotions costs. Costs incurred in mainta!ning sutisf"ctary re:ations bet....'een the organizalion and its employees.inclucling costs of labor ma;lagement nomI;littecs. employee publications. and other related activities are allowable. 21. Losses on other o'WOrds. Anv excess of cosls over income on any award i's unallowable as a cost of any other award. This includes. but is not limited to. the 0~g2nization'6 contributr.d portion by rea~on of ex'st sharin!: ~~reement3 or any unuerrecoveries through nf'~otia tian of lump SUIOS fnr. or ceilings on. indirect co~ls. 22. "fain!encnce and repair cost.~. C.:,sls incuned for nec~3sary maintenance. repair. N upkeep of buildin8~ "nj eqlli~meul (incl,;ding Government propr.rty un\r.ss o:her\'Ji~e provideu for) which neIther alld 10 Ihe Jlermanenl ,'alue of the property nor uppreciably l1rclong il~ intendeJ life. but ke~p it in an emdenl operatbg conrlitiC'n, arf' ollowahle. Custs incurred for i~r-.rr>"l'mcnts which add 10 the perm:ment yalue of the buildings and equipment or apprecioldy prolong their inle:lded life shall be treated as cul'ital e)(p~ndilures (sec par"l;mph 13J. ZJ. Materials and supplies. 111e costs of materials and s!lpplies necessary to cil~ry out nn award are a!lowable. Sm:h costs should be charged at their actual prices after deducting all cash discounts. tmde disr:ounts. rebalcs. and allowances recc!'1ed uy thr. organi::;Jtion. Withd~awals frt'm genela) slores or stuckrooms should be charged at cost under an:,' rccognized method of pricing consistenlly applied. Incorr.ing transportation charges may be a Jlroper part of fTJ:!lr.riaJ cost. Ma lerials and suppEes charged' as 0 dir(!ct cost should include onl)' the nwlerials and supplies actually used for the performance of the contract or grant. nncl oue credit should be given for ony excess materials or supplies retained. or returned 10 vendors. 24. Meetings. canferences. a. Costs associated with the conduct of meetings. and confeflmces. and include Ihe cost of renting facilities, m~nls. speakers' fees, and the like. But see paragraph 12, Enter!ainment costs, an::l paragraph Zg. Participant suppert costs. b. To the extent that these costs are identifiable ,,-ith a partic:ulor cost objective. they should be charged to that objeclive. (See paragraph B. of Allachment A.) These costs a~e ailowable provided that they meet Ihe generultests of allowa ble. shown in Attachment A to this Circular. c. Costs of meetings and conferences held to conduct the general administration of the organization are allowable. 25. Memberships. subscrIptions. and professional activit I' costs. a. Costs of the organization's membership in civic. businp.ss. tr.chnical and profp.ssional or~anizations are allowable. b. Costs of the organization's subscriptions to civic. business. professional. and technical periodicals are allowable. c. Costs of attendancp. at meetings and cQnferences. sponsored by olhers when the primary purpose is the dissemination of ted:nicnl information. are allowllb!e. This inr.luJes costs of meals. tra'ls?ortatrcn. and other itr.ms incidenlallo sunh atlend'lnce. 26. Orga/Jization costs. Exrenditure~. such .15 incorporation fees, brok~rs' fees. fep.s to promoters, organizers or management c:{)n~ultnnls. atlornevs, accountcnts r>r tnve&tment counsel~rs. wh~thcr or ~ot ~n:IJloyr.cs of the organization. in connection wit!. e~t"blishment or reo~ganizatjon of on or~an;:wtion. are unnllowable except wilh prior appruyul of t!.e awording Bgency. 27. Ol'r.rlilnc. e.\'lra-pay sIt/ft. and .1 A-122:8 mlll!lsh,'''' I're ~l/illf11S. Premiums for o\cr!in)\'.. rxtlil.pay shifts. nile; tn"ilishift work are IlLowul,Je nniy wi;!. [!.e prior nppro,.,,1 of ;};p u w;l~d;ng agency e>.eepl: u. \'1'hen lI"ce~SMY \0 cope with e~.le~~enl:ies. such C~ those I "sulling frun. ~..,:i,i..:",. n:!lulill di~astl'rs. brca:"downs of pq"jl'r;'~nl, or ('cr:"Fi'Jn~1 ol'eralj~lnal li:,ltle!'n\.:s of 1I spor/ldic n:lture. h Whell l:::lpiorcl~s are perlor",io~ indin:ct ftil1C:iQllR s\lL.:h uS ddministralioll. n;;lin!pnancr.. or n('cLJun~ing. c. In ,he p"dor/llllilce of tcsl~. !;,bnrutory pr,,('(:Jures. vr ulher simii"r operatiuns whicn ore f.l1:.t:I1UOllS in ilature and cannot rea:;cll?~i:.' ue illternlplcd or othcrwis., COII1~I:~:!:'(.L d. When 101'1',,1 overull cosl tu the (;o';er"'.;nelll will rr.sult. 20. P,~yc churgc. in professional journals. PalJe cJ1llrgcs for professional journal publica lions are allowuuie as a necer-snry part of rcsenrch costs. where: a. The resc<:rch papers report work sUI'PorteJ l,y the GO\'ernment: and b. The c\;urf(cs <He levied impartially (In .ill res(:an.h F~perr. published by the journat. wheth'~r or noi by Government.sponsored uulhnrs. 29. Participant slIpport C[lsts. Pur:icipant Sllpport cosls arc direct costs for ilt~ms such as stipend:; or subsistence allownnces. travel llllowanne~. ..nu registration fees paid to or Orl hehalf Qf participants or trainecs (but not employees) in connection with meetings. cnnferences. symposia. or training projects. Th~se costs are allowable wilh the prior i1JlprllVClI of the awarding agency. 30. ru!er;t casts. a. CGsls oi (i) preparing di5c.1uSllres. repo~ls, and other dt.curnents required by the nw;;rd :/lId of searching the art to the exlend nr.cessa ry to make such disclosures. (il) preparing documents and any other palent co~\s ir. connection wilh the filing and prosecul:m: of a United states p.,tent lIpp]jcnti-:on where tille or roynlly.free licp.nse is reql1irc-c by the Governmf'nl to be cOl,yeyed io the Government. "lnd (iii) general l:ounselil,g services relating 10 patehl,and copyright mllllers. such as QII:lvice on palenJ and copyright laws. ~egulalions. clauses. and employee a~rc-ements are allowable (bllt see paragraph 34). b Cost of preparing disclOS1Jres. reports. .1ncl other documents aCId of searching the art to Ihe extenl necessary to make di~closures. if not req::ired by the a Wild. ue unallllwabir.. Costs in connection with (i) filil1~ and prosecuting any foreign palent application. or (ii) any United Slates palent ;,pplicalioil. w!.r.rc the award does nol rell',irc conveying title or a royalty.free !;<.(,nsc tll the Go,'ernment. are unr.lIowab\c (also ~ec parngraph 43). 31. Pension pions. See paragraph 6. g. 32. Plant secL'ritl' costs. Necessar\' expenses incurred' to comply with . Goverr.ment security reQuiremenls or for f"cilitics protection. including wages. unifol ms. and equipment of personnel are allowuble. 33. Preall'ard costs. Preaward cosls are thosc incurred prior to the effr.ctive date of th" H\';ard directly pursllant to the . . . I Office of Management and Budget Circular A-122 (6/27/80) negotilJtion Dnd in ~nticipation of the "ward wht!ll' sULh costs is necessary to comply wilh :he propo..ed delivery schedule or period of performance. Such cosls Are allowaule only lu ;he extent that they would have been ..i\owable if incurrer! of IeI' the dlltc of Ihe ('wonl BI~d only with the writlC'n Dpproval r.f the ~;\.ardillg ngcn~r. 34. jJrn[cssionol serl.icc casts. a. Cosls of profe~sional and consultant services renclereJ by persons who arc r.II''llbers of A particular professiun or possess a special skill. anJ who are not officers or cr"."iuyees of the organization. are n!lowable. ."bjeGt to U. c. nnd d. of this piiragraph when rp'lIs(l\,:lule in f'~hltion.lo Ihe servicl's rendered and Whe!l not contingent upon recovery of the costs from the Government. b. In del~rming lhe allowauility of r.osts in a particular case. no single fnclor or any special combination of fnelors is neccssaril). determinlltive. However. the following faclnrs are relevant: (1) The nnture and scope of lhe service rendered in rela tion to the service required. (2) The necessily of contracting for th~ service. cnnsidering the organization's r.ilpahility in the pnrticulnr area. (3) The past pattern of such costs. particularly in the years prior \0 Government awnrds. .(4) The impact of Government aw..rds on the organization's business (i.e.. what new problems have arisen). (5] Whether the proporlion of Government work 10 the organization's total business is su~h as to innuence the organization in favor of incurring the cost, particularly where the services rendered are not of a continuing nature a.nd have little relationship to work under Government grants and conlructs. (6) Whether the service can be performed more economically by direct employment rather than contracting. (7) The qualifications of the individual or concern rendering the service and the cuslOfTlliry fees charged. especially on non- Government awards. ((I) Adequacy of the contraclual agreement for the service (e.g.. description of the service, estimate of time required. rate of compensation. and termination pro\'i~ions). C. In addition to the factors in paragraph b <lbove, reliliner fees to the allowable must be sllflportedby evidenr.e of bona fide services a\'ui1ab\e or rendered. d. Cost of lagHl. accounting. and consulting services. and related costs incurred in conn~ction with dc!ense of antitrust suits; and Ihe prosecution of clili.:Tls a~ainst the Government. are 1111nllowRble. COSl5 of legal. ac::;ounting und consulting services. and related costs. incurrer! in connection with patent in{ring~ment litigation. organization und reorganizntion. are unallowable unless otherwise pfClvided fo;: in the award (but see parngraph 47e). 35. Profits and losses an disposition of depreciable property or other capitol assets. a.(l) Gains and 10Ases on sale. retirement. or other dispotiition of Depreciable property shull be inclurlea in the year in which they occur as cred:', or charges to cost grouping(s) in whfch the depreciation applicable to such property wns included. The amount ~f the f!ain or loss to be inr.\uder! as a credit or char,:e 10 the appropriate cost f!rollpingls] Sh~':l ue the dilfcrcnce het w('en the amount f('nli7.ed on the prcpNly nnd the \Jmlcprecialed basis 01 the properly. (2) Gains and losses on the disposition of clef.reciable propert)' shall not be recognized os II separate credit or charge under the following condilions. lii) The gain or loss is processed through H depreciation reserve account anJ is r(;necled in the Jepreciation allowatJie under pmagrnph 9. (b) The property is hiven in exchangc us pari of the purchase price of a similar item anr! the gain or loss is taken into account in dr.~er1llilling Ihe depreciation cost basis of tlte new item. lc) A loss results from the fuilure \0 maintain permissible insurance, except ns otherwise pruvided in pHrilgraph 11l.a.[:l). (e1) Compensalion for the use of the properly was provided through use allowilnces in lieu of depreciation in nccordance with paragrilph 9. (e] Gains and losses Drising from mass or extraordinary sales, retirements. or olher dispositions ~hall be considered on a cnse. by.ca~e basis. 'b. Gains or losses of any nature arising from the sale or exchange of property other than the property covered in paragrnph n. above shilll be excluded in computing awar&- costs. 35. Public in!ormatiun sen'ice costs. a. Public information service costs include the cost associated'with pamphlets. news releases, and other forms of inlormation services. Sur.b costs are normally incurred to: (1) inform or instrucl indh'iduals. groups. or the general public. (2) interest individuals or groups in participating in a ser...ice program 01 the Olgsnizalion. (3) Disseminate Ihe results of sponsored and nonsponsored activities. b. Public information service costs are allowable as direct cosls with the prior a;:;pro\'al of thp. awarding agency. Such costs are unallowable as indirect cosls. 37. Publication and printing costs. a. publication cost~ include the cost~ of printing (including the proces<es 'of composition. plate-making. press work. binding. and the end products produced by s!lr.h processes). distribution. promotion. mailing. and general handling. b. If the~e costs i1rp. not identifiable wilh a particular cost objective. they should be allocated as indirect costs to all benefiling activities of the organizntion. c. Publir.ation anO printing cosls are unuilowable AS direcl costs except with the prior npproval of the awnrding agency. d. The cost of page charges in journals is addressed paragrilph 28. 30. Reorrongemenl.ond alteration costs. Costs incurred for ordinury or normal rearrangement and alteration 01 facilities nre alluwable. Specinl a.rrangement ilnd alteration costs incurred specifically for the projecl are allowable with the prior approval of the awarding IIgency. 39. Reconversion Cosls. Costs incurred In the restoration or ~habllt18tion of the organlushon's fDdJitiC1l to approximately the J A-122:9 same condition existing immediately prior to commencement of Government awards. fair wear and tear excepted. lire allowable. 40. Recruiting COsls. The following recruiting costs are allowable: cost of "help wanted" advertising. operating costs of an emplo~'ment office. cost. of operating an educational testing program. Iravel expenses including lood and lodging of employees while engaged in recruiting personnel. travel costs 01 applicants for interviews for prospective employment. and rC'loc:ation costS incurred incident to rccruilmenl 01 new employees (see pnrngrnph 41C). VV};ere the organization uses employment agencies. costs not in excess of stnndnrd commercial rates lor 8uch 8ervices are allownble. 41. Relocation costs. a. Relocation costs are cosls inciJentto the permanent change of duly assignment (lor an indefinite period or for a sloted period of not less than 12 months) of an exi~ti01g employre or upon recruitment of a new employee. Relocalion costs nre allowable. subject to the limitation described In paragraphs b. c, and d. below. provided thnt: (1) The move 18 for the benefit of the employer. (2) Reimbursemeot to the employee is in accordance with an eslablished written policy consistently followed by the employer. (3) The reimbursement does not exceed the employee's actual (or reasonably estimated) expenses. b. Allowable relocation costs for current employees nre limited to the following: (1) The costs of transportation of the employee. membeT1i of his immediate fnmily nnd his household. and personal effects to the new location. (2) The costs of finding a new home. such as advance trips by employees and spouses 10 locale living quarters and temporary lodging during the transi tion period. up to a maximum period of 30 days. including ndvance trip time. (3) Closing cosls. such as brokerage. legal.. nnd appraisal fees, incident to the disposilion of the employee's lormer borne. These costs, together with tbose described in (4) below. arc limited 108 per cent of the"'sales price of the employee's form~ borne. '. (4) The continuing cosls of ownership of the vacant former borne after the settlement or lease date of the emplo}'ee's new permanent home, such as maintenance of buildings and grounds (exclusive of fixil1$ up expenses). utilities. taxes. and property insurance. (5) Other necessary and reasonable expenses normally incident to reloc6 tion. such as the costs of canceUins an unexpired lease. disconnecting and reinstalling household appliances. and purchasing insurnnce against loss of or damages to personal property. The cost of caDcellins an unexpired lesse is limited to threa times the monthly rentaL c. AUowable relocation costs for new employees are limited to thoae described in [1) and (2) of paragraph b. above. When relocalion cosls incurred incidenl to the recruitment of new employees have been allowed either ll.ll a direcl or iRdirecl cast and the employee roaigns for reasons within biB -lI ~ . ...._~ I Office of Management and Budget Circular A-122 (6/27/80) control within 12 months after hire, the organization shall refund or credit the Government for its shore of the cost. However the costs of travel to an overseas location ~hall be considered travel costs in accordance with paragraph 50 and not relocation costs for the purpose of this paragraph Ii dependents are not permitted at the location for any reason nnd the cosls do not include costs of transporling household goods. . d. The following cosls related to relocallOn are unallowable: (1) Fees and other costs associpled with acquiring a new home. (2) A loss on the sale of a former home. (3) Continuing morlgflgc principal and interest payments on a home being sold. (4) Income taxes pnid by Gn employee rela ted 10 reimbursed reloca tion cos Is. 42. Rental costs. a. Subject to the limitations describerl in paragraphs b, through d, of this paragraph. rental costs are allowable to the extent that the rates are reasonable in light of such factors os: rental costs of comparable property. if any: market condilions in the area: alternatives ilvailable: .and the type. life expectancy, condition. and value of the propp.rty leased. b. Rental costs under sale and leaseback arrangements Rre allowable only up 10 Ihe amountlhat would be allowed had the organizotioncontinued 10 own the property. c. Rental costs under less.than,Jength leases are allowable only up to the amount that would be allowed had title to the property vesled in the organization. For thls purpose, a less.than.arms.!ength lease is one undp.r which one party to the lease agreement is able to control or substantially infiuence the actions of the other. Such leases include. but are not limited to those between (i) divisions of anorganizalion: Iii) orgonizations under r.ommon conlrol through common of;icers, directors. or members: and (iii) an organization and a director. trustee. officer. or key p.mployee of thp. organi;;ation or his immediate family either directly or though corporations. trusts. or similar arrangements in which they hold a controlling interest. d. Rental costs under leases which create a material equity in the leased prop~rty are allowable only up to the amount thut would be allowed had the organization purr;hased the property on the date the lease agreement was executed: e.g.. depreciation or use allowances. maintenance. taxes, insurance but excluding interest expense and oUler unallowable costs. For Ihis purpose. a material equity in the properly exists if the lease in noncancelable or is cancelable on~Y upon the occurrence of some remote . contingency and has one orll)ore of the following characteristics: (1) The organization has the right to purchase the property for a price which at the beginning of the lease appears 10 be substantially less than the probable fair market value at Ihe time it is permitted to purchase the property (commonly called a lease with a bargain purchase option): (2) Title to the property passes to the organiza tion at some time during or after the lease perioe.: (3) The term of the lease (initial term plus period, covered by bargain renewal options, If any) is equal to 75 per cent or more of the economic life of the leased property: Le., the period the property is expected to be econor:lically usable by one or more users. 43 iloyolties alld other costs for use of pOl "r ond copyrights. a. ) ;yalties on a patent or cop~'Tight or amortization of the cost of acquiring by purchase a copyright, patent. or rights thereto. necessary for the proper performance of the award are allowable unless: (1) The Government has a license or the right to free use of the putenl or copyright. (2) The patent or copyright has been adjudicated 10 be invalid. or has been administrativelv determined to be invalid. (3) The palen't or copyright is considered 10 be unenforceable. (4) The patent or copyright is expired. b, Special care should be exercised in determining reasonableness where the royalties may have been arrived al as a result of less then arm's length bargaining: e.g.: (1) Royalties paid to persons, including corporations. affiliated wilh the organizatio:1. (2) Royalties paid to unaffilialed parties, including corporations. under an agreement entered into in contemplation that a Government awerd would be made. [3) Royalties paid under an agreement entered into after an award is made to an organization. c. In allY case involving a patent or copyright formerly owned by the organizalion. the amount of royalty allowed should not exceed the cost which would have been allowed had the organization relaiOf~d title thereto. 44. Severance pay. a. Severance pay. also commonly referred 10 as dismissal wages. is a payment in addition to re~ular salaries and wages, uy organizations 10 workers whose employment is being terminated. Costs of severance pay are allowable only to the extentlhat in each case. it is required by [i) la w, (ii) employcr- e:nployee agreement. [iii) est"bJished policy that con:;!itutes. in effecl. an implied agreement on the organiz:alion's parI. or liv) circ~m5:a:lces of t!:e particular employment. b. Ccsts of severance p:Jyments are divided into two categories as fo],cws: (1) Actual normal trunover severance payments shall be allocaled 10 all ar.livities: 0:. where the organization provides for a re~erve for normal severanc'!s such melhod will be accepla ble if the charge to current operations is reasonable in lirht of payments actual!y made for normal sev~rances over ~ representative pasl period. and if amounts churg:ld are allocated to all activilies of the organiza tion. (2) Abnormal or mass severance PLlY is of such a conjectural naiure that measurement of costs by means of an accrual will nct <;chieve equity to both parties. Thus. accruals for this pu'pose are not allowable. However. th'! Government reeognize~ i~s obligation to partir:ipa te to the e>:lent of its fair share. in <lny specific payment. Thus. allowability will be considered on a case.by.case basis in Ihe event ofoccurrenr.e. 45. Specia/i::ed ser-'ice facilities. a. The costs of services provided by highly -I A-122:10 complex or specialized facilities operAted by the organization, fiuch as electronic computers and wind tunnels, are allowa ble provided the charges for the services meet the conditions of either b. or c. of this paragraph and, in addition, take into account any items of income or Federal financing that qualify as applicable credits under paragraph A.5. of Attachment A. b. The costs of such services. when material. must be charged directly to applicable awards bosed on actual usage of the services on the basis of a schedule of rates or e~tablished methodology that [i) does not discriminate againsl federally supporled Activities of the organization. including usage by the organization for internal purposes, and (iil is designed 10 recover only the aggregute costs ort.he services. The costs of each service sholl consist normally of both its direct r:osts Hnd its allocable share of nil indirer.l costs, Advance agreements pursuant 10 parugraph A.5. of Attuchment A are particularly import ani in this situation. c. Where Ihe cosls incurred for a service Rre not material. they may be alloca led as Indirect costs. 40. Taxes. a. In general. taxes which the organizLllion 's required to pay and whi:;h are paid or ocr:rued in accordunce with generally accepted accounting principles. and payments mode 10 local governments in lieu of taxes which are commensurale with the local government services received are allowoble, except for (i) laxes from which exemptiuns are available to Ihe organization di:ectiv or which are availiJble 10 the organi~ation based on an e:>-emption afforded the Government and in the latter case when the awarding sgency makes s\'ai!able the n~ce~sary exem;Jtion certificates. (ii) special aS6es:;men!~ on land which represent capital improvements, and [iii) Federal income taxes. b. Any refund of I~.xes. and <Jny prtymenl to the organization of interest thereon, which were allowed as award costs, wnl be r:rediled either as a cosl reduction or cush refund, as appropriote, \0 the Govp.rnll1ent. 47. Terminution costs. Termin"ti~)I1 of awards generally give rislt- 10 the i1'lcur~~ilcc uf cost~. or the neen for speciallrentment of cosls. whir:h would not have arisen had Ihe award not been terminaled. Co~t principles covering these items are set forth below. They are to be usr:d in conjunction with the 'other provisio:ls of this Circulnr in termination situations. R. Cammon itellls. The cust of items reasanallly usable on the organization's other work sh;JlI not be allowable unkss the orgar:ization submits evidence Ihat il would not retain such ilems at cost without sllslnining a loss. In deciding whether such items are reasonnbly usable on other work of the organization, the awarJil:g agency shouid consider the organization's plans and urders for current and scheduled activity. Contemporaneous purchases of common ilems by the organization shall be r~gilrded as evidence lhat sllch iterr,s are reusonnbly usable on the o~ganization's other work. Any ncceplance of common items liS allocable to the terminilled portion of the aW<Jrd shall be limited \0 the extcnl Ih"l the quantiti"s of . l , . I \ Office of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on order an! in exce3S of the reasonable quantitative requirements of othr.r work. b. CosLs continuing after termination. l! in a panicular case. despite all reasonable efforts by the organization. cennin costs cannot be discontinued immediately after the effective date oC termination. such costs an! generally allowable within the limitations set forth i.:1 this CircullU. except that any such cosls continuing aIter termination due to the negligent or willful failure oC the organization to discontinue such costs shall be unallowable. . e. Loss of L'seful volue. Loss of useCul value of srecialtooling. mochinery and equipment wr,;!:h was not charged to the aWlUd as a C<l,.-,ial expenditure is generally allowable if. i: , Such special tooling, mac:.incry. or eq _ :pment is not reasonably capable of use in tL:. <jther work oC the organization. 1::1 The interest of the Govemme:lt is r~r .Jr.tr.d by transfer of tiUe or I.y other n1(':I:1.S deemed appropriate by the awarding a 'J' ncy; '.Ii. Rentol cosLs, Rental costs under u;-:"xpired leases are generally allowable Yo :'cre clearly shown to have been rl...sonably necessary Cor the performance oC I!:" terminated award less the residual value 0:- such leases, if (i) the amou.,t of such rental ci:.imr.d does not exceed the reasonable use vabe or the property leased for the period oC tf.,; aW:ilrd and such further ~riod as may be rp..:.;IJl:,:ble. and (ii) the organization makes all reasonable effons to termina Ie. assign. seltle, or o!berwise reduce the cost of such lease. There also mav be included !be cost of altera tions of such le'ased property, provided such al:erations were necessary for the performance oC the award. and of ree.sonable restor;;tion required by the provisions oC the leose. e. Settlement expense:r. SettJememt expenses including the following al? gen!'rally allowable: (1) Accounting. legaL clerical, and similliI costs reasonably necClssar)' for. (a) The preparation and presentation to awarding agency of setUement claims and supponing data wiili respect to the terminated portion of the award. UI1!ess the termination is for default. (See paragraph 4.a of Atlachmcntl. OMB Circular No. A-l1O; and [b) The termination aDd settlement oC suba wards. (2) Reasonable cosu for the storage. transporta tiOf'. protection. and disposition of property provided by the Government or acquired or produced for the aware:: except when grantees are reimbursed for disposaL, at a predetermined amOl4Dt in accordance with Attachment N of OMB Clrt;uiar A-l10. (3) Indirect costs related to "daries and wages inCllI'n:d as settlement expense1l in s~bparagraphs (1) snd (2) of thu paragraph. Normally, such indirect costs shall be limited 10 fringe benefits. occupancy cosL and immediate supervision. f. Claims /L'lder subowords. Claims under 6ubawards, including the allocable portion of claims which are common to the award. and to other work of the organiza lion are generally allowable. An appropriate share of the organization's indirect expense may be allocated to the amount of setUemenls with subcontractor I subgranteel; provided that the amount allocated is oilierwise consistent with the basic guidelines contained in Attachment A. The indirect expense '0 allocated shall exclude the same and similar costs claimed directly or indirectly al settlement expenses. 48. Training and educotion costs. &. Costs oC preparation and maintenance oC a program oC instruction including but Dot limited to on-the-job. classroom. and apprenticeship training. designed to increase the vocational effectiveneu of employee~ including training materials. textbooO, salaries or wages oC trainees (excluding overtime compensation which might arise thereCrom). and (i) salaries oC ilie di.rector oC training and staff when ilie training program is conducll:d by ilie organization: or (Ii) tuition and fees when the training is in an instit'.:tion not operated by the organization. are allowable. b. Costs oC part-Ume education. at an undergraduate or postgraduate college leveL including iliat provided at ilie organization'l own facilities. an! allowable only when the course or degree pur:rued is relative to the field in which the employee il now working or may reasonably be expected to work. and are limited to: (1) Training material.a. (2) Textbooks. '(3) Fees charges by the IKincation,i1 institution. (4) Tuition charge1i by the educational iMtitution. or in lieu oC tuition. instructors' salaries and the related share of indirect costs oC ilie educational iMtitution to the extent that ilie sum thereof is not in excess of the tuition which would have ben paid to the participating educational institution. 15) Saiaries and related costs oC instructors who are employees oC ilia org.anizatioa. (6) Straight-time compllnSlltion oC each employee for time spent attending c1assM during wcrking hours Dot in excess of 156 bours per year and only to the exlent that circumstance do not permit the operation 01 classes or a ttendance at classes alter regular working hours: otherwise such compensation is unallowable. e. C.:>sts of tuition. fees. trainbg materials. and textbooks (but not subsistence. saliU)'. or any other emoluments) in connection with fulJ-time education. including that provided at !be Drganization's own facilities. at a postgraduate (but not undergraduate) college leveL are allcwable onlv when the coune or degree pursued is relat;d to the field in which the employee is now working or may reB!onably be expected 10 work. and only where the costs receive the prior approval of the awarding agency. Such cos~ are limited to the costs attributable to 8 total period not 10 excee:! one school year for each employee so trained. In unusual cases the period may be extended. d. Costs of attendance of up to 16 week., per employee per year at specialized programs specifically de~igned to enhance the effectiveness of executives or ma=gers or to prepare employees for sucb positions are allowable. Such costs include enrollment -I A-122:11 fees. training materials. textbooks and related charges, employees' lalarie&.. subsistence, and traveL Costs allowable under this paragraph do not include thOfH! for COllneS iliat are part of a degree-<>riented curricwum. which are allowable only to the extent set forth in b. and e. above. e. Maintenance expense. and norma.l depreciation or fair rentaL on facilities owned or leased by the organ.iz.ation for training pWJloses are allowable to the extent sr.t forth in paragraphs 9, 22. and 42- f. C:Jnlributions or donations 10 educational or training institutions, including ll:e donation oC Cacilities or other propr.Mies, and 8cholal1lhips or fellowships. are unallowable. g. Training and education coslll in excess oj those otherwise allowable under paragraphs ...b. and c, of this paragraph may be allowed wilh prior approval orthe a warding agency. To be considered for approval. tha organization must demonstrate thai such cosl~ are consistenUy incurred pursuant to aD eSlublished training and educa:ion program, and l.~al the course or degree pursued is rei a tive to the field in which ilie employee is now working or may reasonllbly be expected 10 work 49. Transportation costs. TransponaUon Custs include freighL express. cartage. and postage charges relating ei!ber to goods p\lrchased. in process. or delivered. These. costs are allowable. When such costs can readily be identified with the ilellUl involved. they may be directly charged as transportation costs or added to the cost of such items (see parag:raph 23). Where identification wiili the materials received canno: readily be made. tranBportatioD costs may be charged to the appropriate indirect cost accounts if the organization follows a consistenL equitable procedure in this respe'~t. 50. Travel cosLs, a. Travel costa are the expenses for transportation. lodging. subfiistence. and related items incurred by employees who are in tra vel status on official business of the organizRtion. Travel costs are allowable subject 10 paragraphs b. thro1,lgb e, below. when they are ~ectly attributaole to specific work under an award or.are incurred in the normal course of administration of ilia orga niza lion. b. Such cosls may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred. or on a combination of the tWo, proTided the method UBed resullll in charges consistent with those normally allowed by the organization in its regular opera tions. e. The difCerence in cost between first-class air acco=odations and less than fuot-clas& air accommodations is unallowable excepl ....hen less than fil1lt-class air accoD"uDodations B..--e not reasonably available to meet necessary mission requirements, such as whe~ less than first. class accommodations would (i) require circuitous routing. (ii) require travel during unreasonable hours. (iii) greatly increase ilie dwation' of the Oight, (iv) result in additional costs \':hich would offset the transportation s3vir:gs. or {vI offer Ilccommodo tio'ns which " t .. , , --1-- )fflce of Management and Budget Circular A-122 (6/27/80) ,re not reasonably adequate for the medical ~CU of the lI11vele1'. d; Necessary and roawnal>>e costs DC amily movements and penonnel movernentJ )C a special or maBS nature are allowable. mrsuant to paragreplul 40 and 41, subject to ,!location on the basis of work or time period Jcr.elited when appropriate. A9vance 'greemcnts are particularly impo:-1lU1L e. Direct charges for foreign travel costs are dlowable only wben the travel has received xior approval of the awarding agcncy. E.ach ocparate foreign trip must ~ approved. For curposes of this provision. Coreign travol is ~eCilled as any travel ou Ulide of Canada and :,e United States and ils territories and Jossessions. However, Cor an organiza tion ocated in foreign countries, the lenn "Coreign ravel" means travel ouUlide that country. Circular.No, A-l22} .\ltachment C :.ionprofit Or-gan.iz.ations not Subject to this c:rcu l.ar .\erospace Corporation. EI Segundo, California :\1"3onne Universities Association. Chicago, Illinois Associated Universities', incorporated. Washington. D.C. "'-"ocialed Univenities Cor Research and Astronomy, Tucson. luizona Atomic Casualty Commission. Wasb.i.ngton. D.C. 3attellc Memoriallnstitute, Headquartered in Columbus, Ohio 3rooldlaven National Laboratory, Upton. New York Center for f.nergy and Environmental Research [CEER), (University of Puerto Rico) Commonwealth of Puerto Rico. Charles Sta:k Draper Laboratory, incorporated Cambridge. Massachusetts. Comparative Animal Research Laboratol)' (CARL) [lJnivenily of Tennessee). Oakridge, TerJlc~see .:.:wironrnentallnstitute of Michigan. Ann j\.r~or. Michigan :-lar.ford Environmental Health Foundation. Richland. Washingion L'T R~search Institute, Chicago. minois in~lilute ior Deiense Analysis. Arlington. Vi1"3inia bstitule of Gas Technology, Chicago. Illinois Midw!!st Research Institute. Headquartered in Kunsas City, Missouri Mitre Corporation. Bediord, Massachusetts ~.lon\ana f.nerg)' Research and Development Institute. lnc~ (MERDf), Butte. Montana >;a lional Radiological Astronomj' Observatory, Green Bank. West Virginia Oakridge A560ciated Universities, Oakri~. Tennessee ?roject Management Corporntion, Oakrid;<e.. Tennessea - F.and Corporation. Santa Monica. California Research Triangle bstitute. Research Triangle Park. North Carolina Riverside Research Institute, New York. New York Sandia Corporation. Albuquerque. New \~OY;i'n Southern Research Institute, B!rminghB.lD., Alabama Southwest Research lrntitute. San Antonio. Tex.as SRlintematlonal. Menlo Parl:. CallIOmlll S)'T'acuse RBaearch Ccrporlltion. S)T8.Clae, New York Universities Research Anociation. Incorporated (National Acceleration Lab). Argonne. nlinois Universities Corporation Cor Atmospheric Research. Boulder, Colorado Nonprofitlnsurance Companies such as Blue Cross and Blue Shield Organizations Other nonprofit organizations as negotiated with awarding agencies. [Fll Doc.. 8G-= f1I.d '-7-aD: &:4S am) ~ COOE ~1'0-<l1"'" Editorial Corrections to OMS A-122 OFFICE OF MANAGEMENT AND BUDGET Circular A-122, "Cost Principles lor Nonprofit Organizations"; Correction AGENCY: Office of Management and Budget. ACTION: Final policy correction. SUMMARY: This notice corrects errors in the printing of cost principles for nonprofi t organiza tions, (45 FR 46022, July 8. 1980). FOR FURTHER INFORMATION CONTACT: Palmer Marcantonio, Financial J\lanagement Branch, Office of Managemenl and Budget. Washington, D.C. 20503. (202) 395--4773. . Page 46022, column 2 the second Paragraph 1, change Paragraph 5 "Compensation for Personnel Services" 10 Paragraph 6. . Page 46022, column 2 tbe second Paragraph 2, change Paragraph 6 "Contingencies" to Paragraph 7. . Page 46022, column 3: Paragraph 4. change Paragraph 31. "Equipment and Other Capital Expenditures" to Paragraph 13. . Paragraph 5. change Paragraph 26 "Meetings" to Paragrllph 24. . Paragraph 6. change Paragraph 27, "Organiz.ation Costs" to Paragraph.26. . Paragraph 7. change' Paragraph 30 "Page charges in Professtional Journals" to Paragraph 28. . Paragraph 8. change paragraph 37 "Public lnformalion Service Costs" to Parngraph 36. . Paragraph 9. change Paragraph 43 "Rental Costs" to Paragraph 42. . Paragraph 9a: in the fourth line. add "up" between the words "only" and "to": in the sixlh line change "they" 10 "it" . . Parngraph 10. change Paragraph 51 "Tee",.,.l rn~I~" In r:J,:J['~"nn r,n. -01 ,- A-122:12 . Page 46024. column 3 Paragraph 4(a)(2) after "benefits received" add "; or". . Poge 46025. column 1 Paragroph n3. change the reference "Paragraph 21 of Allachment B" to "Paragraph 19 of Attachment n." . Page 46026. co{umn 1 Paragraph 4a.iii. in the sixlh line, change "direct cosl" 10 "direct costs," . Page 46026. column 2 Paragrnph Ele. change "e'stablishment of a rate" to "eslablishment of a final rate." . Page 46026. column 3 Paragruph E2b. in the third line add the following aftcr "a Federal agency shall"-"submit its initial indirecl cost proposal immediatel"." . Page 4{x'127. column 3 Paragraph (3)(a). change "workmen's compensation" to "workerF' compensation." . Page 46028, column 1 Paragraph 6f3(b), (the second line of column 1) change "Workmen's compensation" to "workers' compensa lion." . Page 46030, .column 3, parograph 24b.. the sixth line, change "allowable" to "allowability", Doniel F. Maon. Budget and Management Officer. IFR Doc. 81-8073 Flied :l-llHll: &:45 om) BILLING WOE ~'10-<l1-M Circular A-122, "Cost Principles for Nonprofit Organizations" Correc/ian In FR Doc. 81-20270, appearing at page 46022 in the issue of Tuesday, July O. 1900. the following changes should be made: 1. On page 46024. column three. tbe second sentence in paragraph "'A.5.b. should read. "SpecificSllly. the concept of netting such credit items against' related expenditures should be applied by the organization in determining the rates or amounts to be charged to Federal awards Tor services rendered whenever the facilities or other resources used in providing such services have been financed directly, in whole or in parI. by Federal funds." 2. On page 46024.. column three, the second complete sentence in paragraph A.B, should read. "This is particularly true in connection ",-1 th organiza tions that receive a preponderance of their support from Federal agencies." 3. On page 46025. column one, paragraph B.2, should read. "2. Any direct cost of a minor amount may be trea ted as an indirect cost for reasons of prncticality where the accounting trentment for such cost is consistently nrrJ!,'d 10 nil final r:ost ohier:tives." ,"# I ~ ... ~, . ,~ \ I Office of Management and Budget Circular A-122 (6/27/80) 4. On page 46025, column oce, paragraph B.4.f. should read, "f. Administration of group benefits on behalf of members or clients including life and hospital insurance, annuity or retirement plans, financial aid, etc." 5. On page 46025, column two, the first sentence in paragraph D.l,e. should read, "The base period for the alloca tion of indirect costs is the period in which such costs are incurred and accl,!mulated for alloca tion to work performed in tho t period." O. On page 4G02G, column one, the second sentence in paragraph D.3.d should rend, "The cosls in the common pool shall then be distributed to individual awards included in that function by use of a single indirect cost rate." 7. On page46020, column one, the firsl sentence in puragraph D.3.e. should read, "The distribution based used in computing the indirect cost rate for each function may be total direct costs (excluding capital expenditures and other distorting items such as major subcontracts and subgrants), direct !:aluries and wages, or o.ther base which results in an equitable distribution," 8. On page 46020, column one, the first and second sentences in paragraph D.4.a. should read, "Some nonprofit organizations treat all costs as direct costs except general administration and general expenses. These organizations' generally separate their costs into thrp.e basic cRte~orjes:' . '," 9. On page 46020, the last sentence in column one (extending to column two). in paragraph 0.5. should read, "The factors may include the physical loca lion of the work. the level of administrativp. support required, th~ nature of the facilities or other resources employed. the scientific disciplines or technical skills involved. the organizational arrangements used, or any combination thereof." 10. On page 46026, column three, paragraph E.2.i. should read, "i. To the extenlthal problems are encountered among the Federal agencies in connection with the negotiation and approval process, the Office of Management and Budget will lend assistance as required to resolve such problems in a limely manner." 11. On page 46030, column one, the introductory text of paragra'ph 16.b. and paragraph 16.b.(1) should read, "b. The cosls of idle facilities are unallowable except to the exlentthat: (1) They are necessary to meet Ductuations in workloads; or". 12. On page 46030, column one, the second sentence in paragraph 16.c. should read, "Such costs are allowable, provided the capacity is reasonably antir:ipaled to be necessary or WIlS originally reasonable and is not subject to reduction or elimination by subletting, renting, or sale, in accordance with sound business. economics or security practices." 13. On page 46031, second column, paragraph 34.c. should read, "In addition to the factors in paragraph b. above, retainer fees to be allowable must be supporled by evidence of bonR fide services available or rendered." II/LUNG CODE 1SC!;-{)1-N -t .. A.122:13 "I