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AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (4) .- ~ -' , I /V:1 AGREEMENT FUNDED UNDER I THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT 1S 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 ERVIN'S ALL AMERICAN YOUTH CLUB, INC., as further identified 1n 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 Planning & Urban Development Department, hereinafter called the "Department", will act in behalf of the City in conducting the Program, and liTHEREAS, the PSA provides a program as identified 1n 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 Ai 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, 1n 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 1,1988, and terminate on September 30, 1989, 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 ('F services under this contract shall be the Community Development Manager and the PSA's r-' P SA 10 /l /8 8 ee. -, rt/)/l,~ I ... ()p~,L (t!)) 9/;)()/ tr 1 /0 /'-} '.1 ( ../" '. . (i) I I serVices shall be carried out under the superViSlon of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds ln 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 17 hereof. Any funds which the Department determines were not properly expended shall be re funded 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 Append ix H, or the appropriate successor documents of these documents. The 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-II0, 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 ln 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 Ci ty shall not be res pons ib Ie 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 as provided below. PSA 10/1/88 2 " I I Program Income funds shall be retained by the PSA so long as the activities that will be undertaken with the program Income are 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. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for In Section 570.513.) (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 Communi ty Deve lopment Funds. "Property" as used In this Paragraph shall mean nonexpendable 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 wi th federal funds so long as the property is used for the purposes descr ibed in Append ix 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 immediately to the Department. Thirty days prior to the end of the grant year or immediately upon termination of this agreement, the PSA shall submit In a Property Report a physical inventory of all property purchased wi th Communi ty Deve lopment 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 recipient; or P SA 10 /l /88 3 , . " I Disposed of be i ng .1 1n (2) that results the recipient's 1n a manner 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 1S not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503.10. 12. Nothing 1n this agreement shall be construed to permit invasion of the pr1vacy 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 1n such a way as to invade individual pr1vacy and client relationships, unless Florida law pertaining to public records requ1res disclosure of said information. 13. The PSA shall obtain pr10r 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 1n the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to, periodic submission of data reports which will be used by the Department for inclusion 1n the Annual Grantee Performance periodic Repor t, 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 1n accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-11G or the appropriate successor document and 1n 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. 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 PSA 10/1/88 4 I I records shall be available for audit, inspection or copy~ng 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 pr~or written approval of the City. Such records shall include financial records, audits, supporting documents, statistical reports and client files. PSA will comply with 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 ~n 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 resul t ing from .. . ~nJur~es or damages sus tained by any persons or property resulting ~n whole or ~n part from the negligent performance or omission of any employee, agent or representative of the PSA. 18. The PSA shall not ass~gn any interest ~n this Agreement without the prior written consent of the City. 19. The city may suspend, withhold, or terminate payment of the project, ~n whole or ~n part, for cause or conven~ence. Cause shall included the following: a. Ineffective or improper use of project funds. b. Failure to comply with any term or condition hereunder. c. Refusal to accept conditions imposed by HUD, d. Submittal of reports which are incorrect or incomplete ~n any material respect. e. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of HUD funds necessary for continuation. f. 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 ~n 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 PSA 10/1 /88 5 I I with priority to those residents who reside ~n 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 ~ncome. 21. No person with responsibilities ~n the operation of the project will discriminate with respect to any project participant because of race, color, national or~g~n, 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 ~n part with Community Development Funds because of race, color, national origin or sex, as set forth ~n Other Program Requirements in Appendix D, (CFR 570.601). 22. The PSA will establish safeguards to prohibit employees from us~ng their positions for a purpose that ~s or g~ves the appearance of being motivated by a desire for private ga~n 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 ~n the area of its operation, and will, ~n fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA wi 11 not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governments. 23. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the HUD regulations issued pursuant thereto, attached hereto as Appendix E. 24. The PSA will comply with Equal Employment Opportunities Executive Order 11246, as amended, attached hereto as Appendix F. 25. 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 Ac t; Historic Preservation Requirements of P.L. 89-656 PSA 10/1/88 6 I , Archeological and Historic Preservation Act of 1974; Executive Order 11593; Architectural Barriers Act of 1968; Hatch Ac t' Federal Water Pollution Control Act: Federal Labor Standards prov1s1ons and the Davis-,Bacon Act; The Civil Rights Act of 1964; National Flood Insurance Program; 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. ERVIN'S ALL AMERICAN YOUTH CLUB, INC. By w~~~ Pres ide-n-~- z ~ ~~-~ secret~ . ... CITY OF CLEARWATER, FLOR:tDK.- jJ~ -a7(.~ .. City Manager Countersigned. By , - ~ ATTEST: Approved as to form & correctness: -' ~_~.i3A..~ o /,;;--:- Ci-fy C_1_~_rk~._,_: ~o~ PSA 10/1/88 7 I J Agency: Ervin's Youth Club Year: 1988 - 1989 Appendix A Identification of Agency and Specific Services to be Provided Agency Name: Ervin's All American Youth Club, Inc. Legal Classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal Office : 1250 Holt Avenue in the City of Clearwater, Florida, 34615 Mailing Address: P.O. Box 815 Clearwater. Florida 34617 Agent: Ervin A. Harris, Executive Director 813-443-2061 Program of Agency Youth club, primarily serving minority youths neighborhood. which provides self-development and athletics, tutoring, motivational counseling, and Parental involvement is encouraged. in the North Greenwood self-awareness training, related youth activities. Specific services to be provided under this Agreement I. Operating Expenses Ervin's All American Youth Club will continue general operation and administration of the youth activities as noted above. 1 I General support of $10.800 including office equipment activities. I Agency: Ervin's Youth Club Year: 1988 - 1989 Appendix B Pro;ect Award will be provided for normal operational expenses purchases for the Ervin's Youth Club youth TOTAL $10,800.00 2 I I APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests for reimbursement shall be supported by proper invoices, payroll~, checks, receipts and other documentation as required. Any program income shall be submitted to the CITY through the DEPARTMENT at least Quarterly. 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. ,-' ...... SUbpZlrt K-0ther ProorZlm Requirement. I 570.&00 General (u) Section 104(b) tr the Act provides lhulan)' granl under ~ection lOG of the Act sholl be rr. ,c' nly if the gronlee certilies 10 the slltisfoclion 01 the Secrela'r)'. among other things. thol the grRnl "wilf lie. conducted ond administered in confonnity wilh Pub. L M-352 ond Pub. L. 90-2&1," ond. further, tholthe grantee "will comply with lhe olher provisions of this tiile and with other applicable laws." SectioD 104(d)(1) 01 the Act requires thai the Secretary d~lermine with respect to grants made pursuant 10 section l00[b) (Entitlement Granls) Bnd 106(d)(2)(B) (HUD- Administered Small Cities Granls), at least on Bn annual basis. among other thing!, "whether the grantee has carried out Iits] certifications in compliance with the requirements and the primary objectives of this title Bnd with other applicable laws. . . ,'. Certain other statutes are expressly made applicable \0 Activities assisted under the Act by Ihe Act ilself. while other laws not referred 10 in the Act IDay be applicable to such activities by their OY>'D lenns. CerIa in statutes or Executive Orders which IDay ue applicnble to activities assisled under the Acl by their OY>'D terms are administered or enforced by guvernmental departmenu or agencies other than the Secretary or the DepartmenL This Subpart K enumerates laws which the Secretary hiD treat as applicable to grants made under section 106 of the Act. other than grants to APPENDIX D OTJER PROGR&~ REQUIRE~lliNTS Slales made pursuanlto section lOG(d) ollhe Act. lor purposes of the delenninotionB described above to be mllde by the Secrelary under sectiun 104(dJll) of the Act. including stotules expressly made opplicable by the Act and certain other !latutes and Executive Orders for which the Secretary has enforcement respon~ibility. The Ilb5ence of mention herein of ony other statute lor which the Secretory docs not ha ve direct enforcement responsibility is nol intended to be laken as 80 indication that. in the Secretory's opinion, such slatule or Executive Order Is not applicable to activitics ossi8\ed under the Acl. For lows which the Secretory will treat as opplicable to gronls made to Slates under section 100(d) of the Act for purposes of the dctennination required to be mede by the Secrelery purauontlo !eclion 104[d)(2) of Ihe Act, see ~ 570.496. (b) This Subpartolso sets forth certoin additional program requirements which Ihe Secretary has determined lo be applicable 10 grents provided under the Acl as 8 mailer of administrative discretion. (c) in addition to grants made pursuant 10 section 100[b) and l00[d)(2)(B) of tbe Act (Subparts 0 and F of this Part, respectiyely). the reouirementa of Ihis Subpart K are applicable 10 grantsmaoe pursuanlto sections 10i and 119 of the Acl (Subparts E and G. respectively). ~ 570.601 Pub. L 88-352 and Pub. L w-- 26<; Executive Order 1106~ Section 104(b) of the Act provides thai any grant under section 106 of the Act shall be made only if the gran lee ce'rtifies to the satisfaction of the Secretary that the grant "will be conducled and administered in conformily willi Pub. L 88-352 and Pub. L 90-284." Similarly. sectioD 107 provides thet no grant IDa)' be made D-l I under that ,ection (Secretary', Discretionary Fund) or seclion 11Q (UDAC) withoul satislactory assurance! lo'the same effecl. (a) "Pub. L e&-352" refer. \0 Tille VI 01 the Civil RlBhte Act of lW4 (<\2 U.S.C. 2000d' el ,eq.). which pro\ides that no person 10 the United Stote! shall on the ground of race, color, or DO tional origin. be excluded Irom participa tion In, be denied the benefit! Df. or be subjected 10 discriminotion under any progrom or activity receh'1og Federal finonelal o5sislance. Section 502 of the Civil Righls Act 011~ directs each Federal departmenl and agency empowered to extend Fcdernl financial Bssistance to any progrom or oclivity by woy of granl 10 effectuate the loregoing prohibition by issuing rules. rCg'ulalion!. or orders of generllloppllcobilily which shell be comistent with achievement of the " slatule authoritint> the financial assistance. HUO regula Ilona implementing the requirements of Tille VI with respeclto HUD progrllm~ are conlained in 24 CFR Pert 1. (b) "Pub. L 90-~" relen 10 Tille VIII of the Civil Rights Acl of 1968 [42 U.S.C. 3GOl ~I &eq.), popularly known as the Fair Housing Act. which provide5 that it is the policy of the Uni ted Sta les to provide. wiUJin constitutional limitatiOn!. for feir housing throughout the United States and prohibits any person [rom discriminaling in the sale or rental of housU18, the financing of housing. or the provision of brokerage 5ervicef.. 10cluding in any wey making unavailable or denying a dwelling to any.person. because of race. color. religion, sex. or national origin. Title VIlllurther reouires the Secretary to administer the'programs and activities relating to housing and urban developmentln Il manner affirmatively to further the purpose! of Title VIII. Pursuant to this atatutory direction. the Secrelary requires that grantees adJninister ell programs and activities ) related to housing /lnd community developrnL?nt in a manner to af!irmntively lurther Illir housing, (c) Executive Order 11U03. as amended by Executive Order 12259. directs the Deportment to toke all action necessury and appropriate to prevent discriminalion because 01 race. color. religion [creed). Bex. or national origin. in Ihe sule, leasing, renlal. or other disposition 01 residentiul property and related focilitic.s (including land to ue developed lor residential use). or in the use or occupancy thereof. if such properly Ilnd related locilities ore. umong other things, provided in whole or in port with Ihe uid of loans, ild\'onces, grants, or contributions f1Rrce\i.to be made by the Federal Covernmenl. HUD rcgulations implementing Executive Order 11003 are contained in 24 crR Part 107. ~ 570.602 Secllon 109 olth. Acl. (a) Section 109 01 the Act requires that no person in the United Slates shall on lhe ground of race. color. national origin or sex. be excluded Irom participation in. be denied the benefits of. or be subjected to discrimination under. any program or activity lunded in whole or in part with community development lunds made available pursuant to lhe Act. For purposes 01 this section "program or activit"" is defined as any function conducted by an identifiable administrative unit olthe recipient. or by any unit of governme~t, ~ubrecipient. or pri','a Ie conlractor receiving cOr;1lnuni\y developmenl funds or loans Irom the recipient. "Funded in whole or in part with community dev'elC'pment funds" means Ihat community developmcnt funds in a:1Y amount in the form of granls or proceeds Irom HUD ' guaranteed loans have bee~\.translcrred by the recipient or B subrecipient 10 an identifiable adminiSlrative unit and disbursed in a program ~r activity. (b) Specific discriminatory actions prahibited and correc/fl'e ac/ions. (1) A recipienl may not. under any program or acti\'ity to which the regulution~ olthi~ Pari may apply directl)' or throufh contractual or olher !lrrangpmcn\s, on the ground 01 ruce. color. nutiol\al origin. or sex: (i) Deny allY facilities. Bcrvicl:s. linanciul /lid or other benefils provided under the progriJm or aclivity. (ii) Providc any lilcililies. fiervices. financial /lid or olher benclits which are different. or ore provided in a different form Irom Ihul provided to others under the program or uctivity. (iii) Subject 10 segregated or sepnrate trealmenl in any lucilit)' in, or in OilY milttcr of process relal<<;d 10 receipl 01 any service or bendil under the progrum or uctivity. (i,,) Restrict in llny wny access to. or in the cnjoyment 01 nny advantage or privilege enjoyed by others in connection with facilitics. services. linancial aid or olhcr benefits under the program or activity. Iv) Treat an individual diffcrently Irom others in determining whether lhe individual sa tisfies any admission, enrollment. eligibility, membership. or other requirement or condition which the individual must meet in order to be provided any facilities, Bervices or other benefit provided under the program or ilctivi:y. (vi) Den)' an opportunity to participate in a progrcm or activity as an employee, (2) A recipient may not utilize criteria or methods of administration which have the effect of ~ub;ecting individuals to discrimina tion on the basis 01 race. color. noUonal origin, or sex, or have the' effect of defeating or substantially impairing accomplishment of the oujeclives olthe program or activily with respect to individuals 01 a pLlrticular race. color. nalional origin. or sex.. (3) A recipient. in determining the site or location of housing or facilities provided in whole or in pari with funds under tbis part. may not make selections of such site or location which hove the effec:t of excluding individuals from, denying them the benefits of. or , subjecting them 10 discrimination on the :B-2 I gruund 01 race, Clllor. nalional origin, or Bex: or which tHlve the purpo~e or effect of dcleotinR or substantially impairing the ccc:umplishmcn\ ollbe oujectives of the Acl /lnd olthis 8cClion. (4Jli) In cdminislering 8 program or nctivity funded in wbole or in pari with CDnc lunds rcgarding which the recipient has previously discriminated cgaiml persons on lhe ground 01 race, color. national origin or sex. tbe recipienl musttuke affirmative action to ovcrcome Ihe effccts of prior discrimina tion. (ii) E,'en in the absence of such prior discrimination, a recipient in iJdministering c program or activity funded in whole or in part with CDI3C lunds should tuke affirmntive Bction to overcomc the effects of conditions which would otherwise result in limiting participatiun by persons 010 parlicular race. color, nalional origin or sex. Where prcvious discriminatory priJclice or uSilge lends. on the ground 01 race. color. national origin or sex, to exclude individuals from participation in, to deny them the benefits of. or to subject them to discrimination under any program or aclivity to which this part applies. the recipient has an oblig1:lion to take reasonable action to remove or overcome the consequences of the prior discriminatory prl:lctice or usage. end \0 accomplish the purpose of the Ac\. (iii) A recipient 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 specific group 01 persons within its jurisdiction, 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 recipient from maintaining or constructing separate living facilities or rest room lacilities lor the different sexes. Furlhermore. selectivity on the basis of sex is not prohibited when institutional or cllstodial services can I APPENDIX E SECTION 3 CLAUSE I TilE: FOLLO\HNG SECTION 3 CLAUSE SHALL I!E INCLUDED IN ALL CONTRACTS FOR 'WORK IN CONNECTION IHTH 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 Dcpan:ment 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 U.S.C. l70u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lO\o'er income residents of the project area and contracts for \o'ork in connection ~ith the project be a~arded 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 ~ill comply ~ith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Ilousing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued therelIDder prior to the execution of thia contract. The parties to this contract certify and agree that they are under no contractural o~ other disability ~hich ~ould 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 1n conspicuous places available to employees and applicants for employment ort raining. D. The contractor ~ill 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 i6 in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor ~ill not subcontract ~ith any subcontractor ~here it has notice or kno~ledge that the latter has been found in violation 'of regulations under 24 CFR, and ~ill not let any 6ubcontract unless the subcontractor has first provided it ~ith a preliminary statement of ability to comply ~ith the requirements of these regulations. E. Compliance vith 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 Federal 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 24 CFR l35. E-l APPENDIX F NOTICE O~ R-~UlREMENT fOR AFFIR~TlVE ACTION TO ENSURE EQUlU. EMPLOYMENT OPPORTUNI'IT (EXECUTTVE 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 f~~le participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all consLruction ~ork in the covered area, are as follows: A. Goal's for Female Utilization, ]',11 Trades: AREA COVERED Goals for Women apply nation~ide. GOALS AND 'TIMETABLES Timetable Goals (percent) From .2l,.pr. 1, 1978 until l-'.ar . 31, 1979.... From Apr. 1, 1979 until Mar. 31, 1980. . . . From Apr. 1, 1980 until He. r . 31, 1981. . . . B. Goa Is for l-''..inori tv Utilizadon: 3.1 5.1 6.9 TAHP]'.- ST. PETERSBURG, FLA., AR!:A ;'xea covered: P~llsborough, Pasco, and Pi~e11as Counties, Fle.. Goals and Timetablesl Tracie Goal (percent) 1-.11. . . . . . . . . . . . . . . . . . . . . . . . . . 17.9 1For the life of the project. 7nese goals are applicable to all ~~e Contractor's const-ruction work (~hether or not it is Federal or federally assisted) performed in the covered area. The Contractor's co~pliance wi~ ~~e Executive Order and G~e regulations in 41 CTR Part 60-~ shall be based on its i~plementation of the E~l Opportunity Clause, specific affi~tive action obligations reouired by F-l the specific~tionslset for~~ in 41 CFR 60-4.3(a), Jbd its efforts to meet the goals established for the geographical area ....he\-e ~'1e cont=act resulting from this solicitation is to be performed. The ho~s of rr~nority ~nd fe~le employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall ~e a good fai~~ effort to employ minorities and ~omen evenly on each of its projects. The transfer of minori ty or female employees or trainees from Contractor to Contractor or from project to project for ~'1e sole purpose 0t meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 C:R Part 60-4. compliance ~ith ~'1e goals ~ill be measured against the total ~ork hours performed. 3. The Contractor sha.ll provide \..-ri tten notification to the Director 0: t."e Office of Federal Contract Compliance Programs ~i ~"in 10 ....or}~ing days of a....a.rd of any cons~~ction subcontract in excesS of SlO,OOO at any tier for constrUction ....ork under the contract resul ting from t11is solici ta 'Cion. The notification shall list ~"e name, address and telephone number of the subcontractor; employer identification number; estirr~ted dollar amount of the subcontract; estimated starting and completion dates of ~"e subcontract, and the geographical area in ~hich the contract is to be perfo~ed. 4. J1.s used in this Notice, and in the contract resulting from this solici ta tion,' the "covered area" is pinellas Coun~, :lorida. 60-4.3 (a) EQUP~ OPPORTUNITY CLAUSE During the perfo~~nce of this contract, the contractor agrees as follo....s: 1. Tne contractor will not discriminate against any employee or applicant for emplo~went because of race, color, religion, sex, or national origin. Tne contractor ~ill u0~e af:irrr~t~ve a~tion to e~sure L~at applicants are employed, and that employees are treated duzing employmen~ ~it.~ou~ ~egard to their race, color, religion, seX, or national origin. Such action shall include, cut not be limited to the following: EQployment, upgrading, demotion, or transfer; rec=-ui tment or recrui t.ment ac.ver~ising; layoff or termination, rates of payor other fo~ of compensation; and selection for training, including apprenticeship. T.~e contractor agrees to poEt in conspicuous places, available to ~ployees and applic~~tS for employ- ment, notices to be provided setting for~" the provisions of this non- discrimination clause. :2. The contractor, \..'ill, in all solici ta tiOI'.s or advertiseDents for employees placed by or on behalf of ~~e contractor, s~te ~at all qualified applicants ~ill receive consideration for em?loyment wi~"ou~ regard to race, color, religion, sex, or na~ional origin. _. Tne contractor ~ill send to each labor union or representative of ....orkers ~i~~ which he has a collective bargaining agreement or o~er con~act or \:.~derst.anding, a notice to be provided advising the said labor union or ~orkers' representatives of thecon~actor's co~~ents under G~is section, and shall post copies of L"e notice in conspicuous places avail- able to ~?loyees and applicants for employment. F-2 4. The contractor ""illlcomply ....itb all provisions of Exlcutive Oreer 112~6 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. s. The contractor ""ill furnish all information And reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and ""ill permit access to his books, records, and accounts by the adr-.J.nis tering agency and the Secretary of Lc.bor for purposes of investigation to ascertc.in compliance ""ith such rules, regulations, and orders. 6. In. the event of the con tractor I s non-compliance ""1 th the nondis crimina tion 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 ~art and the contractor may be declared ineligible for further Goverr~ent 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. J~e contractor ""ill include L~e portion of the sentence ~ediately preceding paragraph (1) and the provisions of paragrap~~ (1) tbxough (7) in every subcontract or purchase order unless exempted by ~les, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of ~xecutive Order 11246 of September 24, 1965, so that such provisions ....ill be binc.ing upon each subcontractor or vendor. The contractor ""ill take such action ""ith respect to any subcontract or purchase order as L~e administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, That in t'1e event a contractor becomes involved in, or is threatened ""ith, litigation with a ~ubcontractor or vendor as a result of such direction by the a~~nistering asency, the contractor may request the United States to enter into such litigation to protect the interes~ of L~e United States. ST..llJ,'O;'Y.D FEDER?.L EQUAL EHPLO~1ENT OPPORTUNITY CONSTRUCTION CONTRACT SPECITID.TIONS (EXECUTIVE ORDER 11246) 1. hs used in t.1,ese specifications: a. "Covered area" means ::he geographical a=ea desc:::-ibed in the solici ta- tion fro~ ""hich G~is contract resulted. b. "Director" means Directo:::-, Office. of Federal Contract Compliance Prosr~5, Onited States Depar~nt of Labor, or any person to whem the Director delegates authority. c. "E!;:?loyer identifica tion nU!T'.!:>er" means t.l-Je Federal Social Security nurrber used on t.l-Je ~loye:::-'s Quarterly Federal Tax Return, U. S. Treasury Depa=o:nent Fo::::n 941., d. "P..i.nori ty" includes: :-3 (1) Black (all Jlrsons having origins in any of t~e Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexica:n, Puerto Rican, Cubdn, Central or South American or other Spanish Culture or origin, regarcless of race) I (3) Asian ~~d Pacific Islander (Lll persons having origins in any of the original peoples of the r~r East, Sou~~east Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through member- . ship and participation or community identification). 2. Hhenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the ~ork involving any const-~ction trade, it shall physically include in each subcontract in excess of $10,000 the provi- $tons of these specifications and the Notice which contains the ?p- pllcable goals for minority and female participation and which is set forth in the solicitations from ~hich this contract resulted. 3. If the Contractor is participating (pu=suant to 41 CFR 60-4.5) in a Hometo~.Plan approved by L~e O. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance ~ith that Plan for those trades ~hich have ~~ions participating in the Plan. Contractors must be able to demonstrate their participation in and ccmpliance wiL~ t.he pro\risions of any such Hometo-.rn Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply wi th its obliga tions under .the E:::O clause, and to make a good fai th e'ffort to achi eve each goal uncer the Plan in each trade in ~hich it has eIDployees. Tne overall good faith perfo~nce by o~~er Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Con~actor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and t~e- table. 4. The Contractor shall implement the speci!ic affirmative action standarcs provided in paragraphs .7,a through p of these speci!ications. The goals set forth in the solicitation from ~hich this ccn~act resulted are expressed as percentages of the total hours of employment a.nd training of minority and female utilization the Contractor should reasonably be able to achieve in each constcuction trade in'~~ich 'it has employees in ~~e covered area. The Contractor is e>~ected to make substantially uniform progress toward its goals in each craft during ~~e period specified. 5. Neither the pro"risions of any collective bargaining agreement, nor the failure by a u.~ion 'With ~hom the Ccntractor has a collective bargaining agreement, to refer either minorities or ~om~ shall excuse the Contrac- tor's obligations ~~der these specifications, :::xecutive Order 11246, or the re~ulations promulgated pursuant thereto. F-4 .6. In order for ~)e jiO;-I~'c':~~l.~j ':=a'::":~:'-n9' ho~s 0'::' ot-',t:..:. l,.::J .~..::..:.. t.,;'S c..~~C :..:.. c.-.~.L:t::i to be COlL'1 tee in meettng tile goal~, such aFP~e~tices ~ nd t=ainees mus t, be employed by the c~tractor dur~ng the traln~ng pe~~td, and the Contractor must have made a commitment to employ the a~prentices and trainees at the completion of their training, subject to the availabil- ity of employment opportunities. - Trainees must be trained pursuant to training programs Approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. ~e evaluation of the Contractor's compliance '.lith these si,Jecifications. shall be based upon its effort to achieve maximum resul ts from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harrassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will 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 awa=e of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of ~~nority and female recruitment sources, provide written notification to minority and female recrui tmen t sources and to communi ty organi za tions .....hen the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' response~. c. 1-~aintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and ~~nority or female referral from a union, a recrui~ent source or communi ty organi za tion and of what 'action ...;as taken '"'i tJ1 respect to each such individual. If s'uch inci vidual was sent to t..'1e union hiring hall for referral and ....as not referred back to t..'1e Contyactor by t'1e union or, if referred, not eu~loyed by t'1e Contractor, this shall be documented in the file with the reason t'1erefor, along with ....hatever additional actions the Contractor may have taken. " d. Provide immediate written notification to the Director when the union or unions ....ith which the Contyactcr ~as a collective bargaining ag~eernent has not referred to ~~e Contractor a minority person or ....oman sent by t'1e Contractor, or when the Contyactor has other information that the union referral process has impeded t'1e Contractor's efforts to meet its obligations. e. Develop on-the-job training opport~'1ities and/or participate in tyaining programs for the area ~hich expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those pro~~5 funded or approved by the Depa=trnent of Labor. The Contractor shall provide no~ce of these programs to the sources compiled under Th above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training progr~~ and requesting t..~ei= coopera- tion in assisting the Contractor in meeting its EEO obligations; by including it in any poli~i ~~nual and collective bargaining agreement; by F-5 I I publicizing it in the company newspaper, ~r~u~l report, etc.; by specific review of the policy with ~ll management personnel and with all minority and female employees ~t least once a year; and by posting ~~e company EEO policy on buJ.letin boards accessible tD all employees at each location ....here constrUction \.,Iork is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications ",'ith all ~ployees having any responsibility for hiring, assigr~ent, layoff, te~ina- tion or oL~er ~ployment decisions including specific review of these items wi tJ. onsi te supervisory personnel such as Superintendents, General Foremen, etc., prior.to the initiation of constTuction wo~k at any job site. A writtenreco~d shall be made and maintGined ide'ltifying the time and place of these meetings, persons attending, subject D~tter discussed, and disposition of the subject u~tter. h. Disseminate the Contractor's EEO policy externally by including it in any ~dvertising in the news media, specifically including minority and female ne\.,ls media, and providing written notification to and clis.:ussing the Contracto~ I s EEO policy ",'i t.h othe~ Cont.::"ac- tqrs and Subcontractors wiL~ whom L~e Contractor does o~ antici- pates doing business. 1. Direct its recrui::ment efforts, both oral and wTitt.en, to minority, ferr~le and community organizations, to schools wi~ minoriy' and ferr~le students and to mino~ity and female recruitoent and training organiza tions serving the Cont=actor 's rec=ui tment. area and eInploy- men t needs ~ Not Ie? t.er than one month prior to the ca te for the ac=ep~ce of applications for apprenticeship or other t.raining by any recruitment. source, the Contract.or shall send writt.en notification to organizations such ,as L~e above describing ~~e openings, screening procedures, and tes~ to be used in the select.ion process. j. Encourage present u~nority and female employees to recruit other ~nori~' persons and \.,Iomen and, where reasonable, provide after s=hool, s~er ~~d vacation em?lol~ent to minority and f~~le youth both on t."e si te' and in other areas of a Con ~actor I s \.,Iorkforce. ,;.". k. Validate all tests and otber selection requirements ~here L-.,e=e is an obligation to do so ~~der.~l C?R Part 60-3. 1. Conduct, at least ~~nually, an inventcry and evaluation at. least 0: of all winority and feE~le perso~~el for promot.ional opportunities and encourage t."ese employees to seek or to p~epare for, tPJough appropriate ~aining, etc., such opportunities ID. ~~ure that seniority practices, job classi:ications, ~ork assign- ments ~~d ot.~er personnel practices, do not have a discrimina tory effect by contin~ally IDOnit.orL~g all pe=sonnel and ~~ployment related ac~vities to ensure that the ~O p~licy and the Con~actor's F-6 obligations undel these specifications are being larried out. n. Ensure that ~ll facilities and company activities are non- segrated except that separate or single-user toilet and necessary changing facilities shall be provided to assure pri vacy be tween the sexes. o. Document and ~~intain a record of all solicitations of ofIers for subcontracts from I:linority and female construction contractors dnd suppliers, including circulation of solicitations to minority and female contractor associations ~d other business associa tions. p. Conduct a review, at least annually, of all supervisors' adherence to-and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participa te in vOluntary associa tions which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, 'joint con tractor-union, con tractor-communi ty, or other similar group of which 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 ~n the group, ~~es every effort to assure tryat the group has a positive impact on ~~e emplo)~ent of minorities and wo~en in the indust-J', ensures that ~~e concrete benefits of the program are reflected in the Contractor's minority and female workforce partic- ipation, makes a good faith effort to meet its individual goals and timetables, and can provide access to document.ation ",'hich demonstrates the effective~ess of actions u0:en on behalf of the Contractor. Tne obligation to comply, however, i~ the Contracto='s and failure of such a group to fulfill an obligation shall not be a oefeDse for the Contractor's noncompliance. 9. ,A single goal for l!'.inorities and a separate sins-le goal for ~omen have been established. The Contractor, however, is required to prov~Qe equal emp~oyrnent opportunity and to take affi~2tive action for all minority groups, both male and fe~~le, and all women, both minori~ and non-minori t)'. Consequently, t.:'1e Contractor may be in violation of the Executive Order if a particular group is employed in a substan- tially disparate manner (for example, even ~~ough the Contractor has achieved its gocls for ....omen generally, the Contract:cr rr.ay be in violation of the Exe~~tive Order if a specific minority group of women is underutilizec). 10_ T.'1e 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 with any person or fi~ debarred from Goverr~nt contracts pu=suant to Executive Order 11246. F-7 12. The Contractor still carry out such sanctions and tenal ties for ' violation of these specifications and of the Equal opportunity Clause, including suspension, termination and ~ancellation of existing sub- contracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor ~ho fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under L'1ege specifications, shall implement specific affirmative action steps, at least as exten- sive as those standards prescribed in paragraph 7 of these specifica- tions, so as to achieve maxllnum results from i,ts efforts to ensure equal employment opportuni ty. If the Contractor fails to comply ~i th the, requirements of the Executive Order, the implelDenting regula dons, or these specifications, the Director shall proceed in accordance ~ith 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 I cons trUction trade, uni'on affiliation if any, employee identification number ~hen assigned, social security number, race, sex, s"Ca tus (e. g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours ~or}~ed per ~eek in the indicated trade, rate or pay, and locations at ~hich the ~ork was performed. Records shall be maintained in an easily understandable and retrievable fo~; however, to the degree that existing records satisfy this requirement, contractors shall not be required to ~aintain separate records. 15. Nothing herein provided shall be cons trued as a l~,:,.i ';:.a tion upon the application 0: other laws which establish di:ferent standards of cornpli~~ce or upon ~'1e application of requirements for ~~e hiring of local or other area residents (e.g., those ~~oer ~'1e Public Works Employment Act of 1977 and the Co~~~ity Development 3lock Grant Program) . F-B 1 APPENDIX G OMB Circular A-110 , I I Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND BUDGET (Circular No, A-lID] GRANTS AND AGREEMENTS WITH INSTI. TUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS Uniform Administrative Requirements JULY I, 1976. To the heads of executive departments and establislunents. Subject: Uniform administrative re- Quirements for grants and other agree- ments with Institutions of hizher edu- cation, hospitals, and other nonprofit organizations 1. Purposc,-This Circular' promul- gates standards for obtaining consiskn- cy and unHormity among Federal agen- cies in the ndministratlon of grants to. and other agreements with. public and private Instltutions of higher education, pUbllc and private hospitals, and other Quasi-publlc and private nonprofit or- ganizations. This Circular docs not apply to grants, contracts, or other agreements ,between the Federal Government. and units of IState or local governments covered by Federal Management Cir- cular 74-7. 2. EtJective date.-The standards in the attachments to this Circular will be applied as soon as practicable but not later than January 1,1977. 3. Supersession.-This Circular res- cinds and replaces parts III and IV of the AppendiX to Federal Management Circular 73-7, Administration of college and university research gran1.S. 4. Policy intent.-Tne uniform stand- ards and requirements included in' the attachments to this Circular replace the varying and often confiicting require- ments that have been imposed by Fed- eral agencies as conditions of grants and other agreements ",.ith recipients. 5. Applicability and, scope,-Except as provided below, the stanclsrds promul- gated by this Circular are applicable to all Federa.l agencles. If any statue ex- pressly prescribes policies o~ specific re- Quirements that dilIer from the stand- ards provided herein, the proviSiOns of the statute shAll govern. The provisions of the attachments of this Circular shall be applied to suhre- clpients performing substantive work under grants that are passed through or awarded by the primary reCipient if such subrecipients Rre organizations de- scribed in paragraph 1. 6. Definitions. a. Tne term "grant" means money or property provided in lieu of mone~' paid or furnished by the Federa.l Government to recipients under programs that pro- vide financial assistance or that prOVide support or stimulJJ.tion to' accomplish a publiC purpose. The term "other agree- ments" docs not include contracts which are required to be entered inm and ad- ministered under procurement laws and regulations. Grants and other agree- ment.s exclude (a) technical assistance p;ograms, which pro\'idc services instead r-. ~.,-,,"in." rh', ........~;.--!.........'"'r\ ;~.... ;\",... r.............,,~ 0' general revenue sharing, loans. 102-n guarantees, or insurance, and (c) direct payments of any kind to individuals. b. The term "recipient" includes the following types of nonprofit organiza- tions that are receiving Federal funds from a Federal agency or through R State or local government: Public and private Institutions of high- er education: public and private hos- pitals: and other Quasi-PUblic and pri- vak nonprofit organizations such as (but not I1mited to) comm\mity 3-ction agen- cies, research Institutes, educational as- sociations, and health centers. The term does not include foreign or international organizations (such as agencies of the United Nations) and Government-owned contractor operated facilities or research centers providing continued support for mission-oriented. large scale programs that are Govern- ment-owned or controlled, or are dee, signed as federally-funded research and development centers. 7. RCQlLCsts for cxccpf.ions.-The Ornee of Management and Budget may grant. exceptions from the requirements of this Circular when exceptions are not pro- hibited under existing laws. However. in the interest of ma,:imum uniformity, exceptions from the re,- Quirements of the Circular v:il1 be per- mitted only In unusual Cll.Ses. Agencies may apply more restrictive requirements to a class of recipients ",'hen approved by the Office of Management and Budget. 8. Attachments,-The standards pro- mulgated by this Circular are set forth in the Attachments. which are: Attachment A Cash-oeposltorles, Attachment B Bonding and Insurance, Attachment C RetentIon and custodial re- qu1remen't.S for records. Attachmeru D Program Income, Attachment E Cost shru-Ing and matching. Atto.chment F Standards for flnanclaj man- agement systems, Attachment G Financial reporting requlre- mentE. Attachment H MonlLorlng and reporting program perlormallce. Atu.chment I Payment requIrements, Attachment J RevisIon 01 financla} plans, AtLa.chmenl K Closeout procedurcs, Attachment L Suspension and termInatIon procedures. Attachment M Stl\ndard lorm lor applying lor lederal asslst.&nce, Attachment N Property managemcnt stand- ards. Attachment 0 Procurement standards, 9. Exceptions for certain recipients.- Notwithstanding the provisions of para- graph 7 if an applicant/recipient has a history of poor performance. is not fi- nancially stable. or Its 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 notilled 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 Bud!,et and other agencies funding that recipient at LI-Je same time the recipient, ; -:- ....., t"'1~ ; h r>"": 10. Responsibilitics,-Agencies respon- sible for administ.ering programs \.hat in- volve grants and other agreements with recipients shall issue the appropriate regulations necessary to implement the provisions of this Circular. All portions of such regulations that involve record- keeping and/or reporting reQuirement.s subject to the provisions of the Federal Reports Act and OMB Circular A-10 must, be submitted to OMB for clearance before being introduced into use. Upon ,request all regulations and instructiom implementing this Circular sh;tll be furnished to the Office of Management and Budget. Agencies shaH also desig- nate an official to serve as the agency representative on matters relating to the !mplementation of this Circular. TIle name and title of such representative shall b.e furnL'ihed to the Office of Man- agement and Budget not later than Au- gust 30, 1976. J 1. /7!Quiries,-Purther information concerning this Circular may be obtained by contracting the Finllncial Mana(::e- ment Branch. Budget Review Division. Office of Management and Budget, Washington, D.C. 20503, telephone 395- 3993. JAMES T. LYNN, Director. ArrACHMF.NT A,--CmcuLAn No. A-lID CASH DIYOSITOllIE6 L This attachmeIlt sets 10l'th st..ndards governIng the use of banks and other In- stitutIons as depositories 01 funds l\dvanced under grants and other agreements, 2. Except lor sItuations descrIbed In parR. graphs 3. 4. aDd 5, no Federal sponsoring agency shall: a. Require pbyslcal segregation of cl\Sh de- positorIes for lunds whIch are pro\'lded to a reclpleDit, b, Establlsh any ellglblll ty req ulr,emen ts lor cash deposlLorle.s lor lunds whIch are pro- ,'Ided to a recipient, 3, Jo. separate bank a"count shan be require ",'hen applicable letter-ol-credlt agreements provide that drawdo",.,,~ will be mr.de when the recipient's checks are presented to the bank lor payment, 4, Any moneys adv"llced to a recipient v.'hlch are sub)ec,t to the contrtlJ... or regula- '.Ion 01 the U nl ted States or any 01 Its onkers. rgents or employees' (public moneys as de- fined In Treasury Circular No, 1:16, as amended) must be deposited In a ban'" with Fedeml DeposIt Insurance Corporation (FDIC) Insurance coverage and the halance exceedIng the FDIC coverage must be col- laterany secured, 5, Consistent v.'lth the natIonal Roal of expanding the opportnnltleS lor mlnorll,y buslnes~ enterprises. recipients and s\lb. recipients shall be encouraged 'to use mInor- Ity banks (a bank ",'hlch Is o..mec at least 50 percent by mInority group members), ArrACHMt:NT B,-CmctJLAll No, A-1l0 BONDING AND INSURANCE :, This attachment sets forth bonding and 1nsurance requirements fOT ~T8.nt.s end other RgTeement5 v.1th recipIents, No other bond- tng and insurance requtremcn1t.s sha.ll be tm- posed other than those normally required by the recIpIent, 2, Except as otherwIse required by la\\'. a grant or other agreement that requlrcs the contractlng (or subcontrnct1n~) for con. strue-tion or facility Impro~cments shnll pro- ~.,,..I,, ',-.,._ .\-", _,,~l...,\...",' ~" "-...-,1',,,",~,' 1!,' ,..,.,." '."'- I Office of Management and Budget Circular A-110 (7/30/76) qulrtmtnU; ,..,latlng to bid gufJ"ant.tu, ptr- lorma.nct bonds, and paymtnt bOndli unlll68 tbt constructlon contr&Ct or subconUact H- utdli $100.000. ,For those ooDJtracu; or sub- contl"&CLs exceeding '100,000. tht l"tl1tral alttncy may acctpt the bonding policy and requlrementll 01 the grantee provll1ed the Federal agenc)' h..... mal1e' a l1etermlnatlon that the Government.s Interest ~ al1equately protected. Xl such a determination has not been m&de, tht minimum requirements shall be.... lollo""s: a, A trld vuarantec Jrom e.tJ,Ch bkldu equiv- alent to JIve ptrcent 01 the ble prlce,- The "bId guaran>tee" shall consIst 01 a firm commitment such as a bid bond. certified check. or other negotlable Instrument 8C- companying a bid 88 8.6Surance tbat the bId- der .....m. upon acctpt.ance ot h1s bid, execute such contr&ctuAI documenl.8 ..... mJlY be rt- qulred within the time sptclfied. b. A 1XrJorma~e bond on the part 01 the contractor lor ~OO percent 01 the contract 'fJ1'lce.-A "p"r1ortnJ\nce bond" Is one executed In connectlon with a contract to securt lul- fillmtnt 01 ILl I tht contractor's obllgatlons undtr such contrl\Ct. c. A payment bcm<i on the part 01 the con- tractor lor JOO percent 01 the contract prlce,-A "paymtnt bond" Is one txtcuted In conntctlon w1tb a contract to 88.ur. pay- m.nt s.s requlrtd by la"" 01 all p"1"IlOD8 sup- plying labor and material In the executlon of the work provided tor tn the contract. 3. Where the Pederal Gov.rnIDtnt guaran- tees or IIlBU..... tn. rtpaymtnt 01 monty borrowed by the reclpltnt. the Federe.l agenc)". at 1l.8 dlacretlon. may require a.de- quate bonding r.nd Insurance If the bonc1lng and Insurance requlrcmentll of the recipient are not d~med a.dequate to protect the tn- terest ot the Feder..l GovHnment. ~. Th. Fecl,eral sponsoring s.gency may no qUlr. a.dequate fidelity bond covers.ge ",'htre the recipient h... no covers.ge and the bond 14 needed Ita protect the GovHnmtnt.s Interest. ti. Vi'btre bonds are required In the situa- tions de&crii:>ed ..bove. the bonds shall be oh- Ulned lrom comp&Dles holding certlficate<l of "uthorlty s.s &CCept.able sureties (31 crn 2:r.l). ATT...CRw:x,,-r C.--CDtCUI.AJl No. A-liD z.rnNTlON ANn CUSTODIAL BLQum.xWXNT5 roa "~OItD5 1. Thlo ..tt.achment &el.8 forth record rtten- tlon requJremtnts tor gr&Dl.8 8.Tld oUler &gTee- menl.8 with recipIents. FedeTILI sponsoring "I>"ncles shlLll not ImP<"'e "ny record reten- Lion requlrtmento upon rec1plents other than tbO&e described below, 2. ExceRllor p"TlLgT'nph I. th~ ..tt&Chment ..Lsc &pplles to subreclplents .... r.terred to In par..gr&ph ti ot tht bs.slc clrcul&: 3. rtn..ncl..l records. supporting dc:.uments st.atlotlclLl recorl1B, 8.Tld ILll otber recorl1B p"rtl: n.nt to an "!;Teement &hILlI be retsJned lor a period of Ulr"" Y.llJ"ll. ....IUl t...... tollo"'1Dt quaJlficatlolU : L If L"::~ IItl~atlon. claim or audit Is .t&J1.ed bdore tht ""PITlLtlon ot the 3-ye..r period the r<<:orl1B &hlLll b. ret.alned until all lltl~"tjOn.s clalmA. or audit finc1Jngll l.nvoh.tng tb. rt!COr~ hav" b""n resolveG, b. Records lor non.xpendable pro;>eny B.C- qulred wlLh ~era1 1unds wILlI be r.t.alned lor S yearr. L1ter 11.5 finLl dllllX"'ltlon c, When r"",.ords e.re trFLn.6terred ~ or mlLlo- talned by the 1"edero.1 ~OD.'>OMng ag.ncy th. ~-l)"ear nteotlon requlre~nt Is not app'lIca- e to tbe r~lpl"ot. ~. Tb" r.tentlon perIod .t.artB 1rom the ~te 01 tb. eubm.ls.lllon Ot th. nnlLl e%pCnCJ- m~ report or. tor ~ts e.nd other &.gree- da ts that e.re T1:o.....eG "n.oulLlly, 1rom the fi t.e ot the 6ubmlsslon Ot Ul. e.nnulLl OLDCt",! etA tUll r.-port, 6. RecipIent organlutloru< ahould bt au- thorized by th" YedtTILI aponsorlng &g.ncy. II thty 80 deslrt. to 6ubstltute mJcrofilm oopl... In Il.u ot onrlnAl rtcords. 6. Th" J"ederlLl 6ponsorlng s.gene)' &hall r.- quest tr..nster 01 certain r.cord. to 11.5 CW- tod)' lrom r.,.,lplent org8.TllutloIUI ...hen It dttermlnes th..t the rt!COre1a pass""" long- ttrm retentlon value. Howevtr. In order to avoId dupllcatt r.cord-keq>lng, a Fed"ral sponsoring ~ency may make ..rrangemtnts "'1th recelplent organlzatlOD8 to reLlLln any r"corl1B that art continuously n""ded tor Joint US". 7. Tht h.ad or the Federal sponsorIng lLf:en. e)' and the Comptroll.r General 01 tll" UnIted StAtes. or any of thtlr duly authorized repr.- sent.atlves. shall havt ""cess to &rIY p.rtlnent books. document.,. paptrs. ..nd r<!COrds ot the recipient org..nlzAtlon and th"lr subrt- clplenl.-! to IDAk" audits. txamJnatlons, ex- cerptll &rid tre.nscrlpl.8. 8. Unless oUltrwls" r"qulred by I a..... no F'tderal sponsoring ag.ncy "hall pl&ce re- strlctlolU on recipient org&nlza tloD8 that wlU limit publlc n.ccess to the rlXXlrc1a or recIpient organizations that ..rt p"rtlnent to a grant or s.greemen t "xcept wh en th e agency can d"mon.strate th..t such reeords must bc kept confidentllLl e.nd would have b""n exupted Irom dlsclosur. pUTlluant to tht F'rt!edom ot' Intormatlon Act (6 U.8,C. titi2) U Ul. records ha.d htlonged to th" Fed.ul Bponsor1ng s.g"ncy. ATTACHJoaNT D.--CmctlLJ.Jl No. A-liD P1lOCR...Lt INCOloU I. Yed"ral .ponsortng ~ncles ahlLll &pply the atAndards s"t torth In this attachm.nt In requiring reclpltnt organlutlons to &.Ceount 10r progrs.m Inoomt rel..ted to proJecl.8 financed In ....hol. or 1n pll.!'t w1th Federal lunc1a. Progrsm Incom" r"pres"nts gT'Ol!B In- come esrned by the r"clplent from tht fed- erally supported &Ctlvltlee. Such "arnlngs ex- clude Intere5t t..rneO on a.dvances a.nd m&y Include. but wUI not be limited to. Incom. Irom servlct lees, sILl. Ot commodJtlee. u""€t or rentAl I~, and roylLltles on patento e.nd coprlgbts. 2. Interest efJ"ned on s.dva.nces 01 Federal lundli ah..l1 bt remItted to th" reOeral s.gency e"""pt for Interest earned on a.dvanoefl 'to St.atell or IIlBtnunent&lltlee 01 " St.ate as pro- vided by th" Intergov",nmentnl Coope~tlon Act ot 1968 (Public LB.w ~TT). 3. Procee<1s trom tht 8&1" of r-.! a.nd per- sonaJ property "Ither provided by the Fed- eral Government or purch88ed In ""bole or In part w1th Peder..l tunl1B. sbaJl b. handled 1n a.ccorde.nu WIth Att.achment l' to thlll clr- culu pertsJnlng to property ou.na.gem"nt. ... UnlCM tbe '4'r~mtnt provldCll other- ....Ist, rt!Clplents llhlLll b&ve no obllg..tlon to the J"ecIerlLl Oov"mment WIth r...peet to royaltl"" received .... a result of COPYTI~hl.5 or po.tento produced und"r tht gre.nt or oth"r s.gr"em"n t (""" p....."ET""Ph 8. ^ tt&chment N). 6. All oUltr pro~ram Income earned dur1Dt tht proJt!C\. peMod shall be retained by the recipient ..nc.. In ""cord""':e ,,'Ith tbt gr&nt or oUler &gT""men t. shlLll be: a,. Added to tunl1B cOmmJtted to the proJ- ect by tht ~eral sponsoring !4:encv e.nd recipient org..nlzatlon 8.Tld be Ul>ed. to t~rtber ellglble prop-am obJ"ctlves: b, Used to finanu th. non-Fedtr,,1 &hs:e Ot th. project ....hen approved by the Federal 8ponsoMDt s.g.ncy; or c, ~ucte<: from tht tot.al project C06ts In determinIng tht n.t OOIlts on whlcl1 the r'eQeTILI &hue ot CO!lto wlll be bo.sOO. ATT...CS>o<n-.-r l:,--CDtCUl.AJt No. A-lID C08'":' I5H....\.L.D'1'C AND ).(ATCHINO L Thill ~tt&cllment ""l.8 forth crlt.erta ..nd pT'OCe<1uree fOT tht' a1l0'WTJ.hlllrr r,r rR-"" I"-.f"l , A-110:2 In-kind contrlbutlona ma.d. by reclpl.nts or subreclpl.n1.5 (.... r.rerr.d to In paragraph 1; 01 the b""lc clIcular). or third parties In sal- Islylng cost sharing &Dd matching r"qulr.- ments ot Federal aponsorlng ag.ncles, Thl. attAchmtnt also "stAbllahes criteria for th. tvaluatlon ot In-kind oontrlbutlons ma.d. by tblrd parllee. and supplements tht gUldanc. s.t torth In Fedtral MAnagement Circular 73-3 wlt1h respect to cost shlLTlng on ledtr- ally-sponsor.d r....earch. 2. Th. lollov.'lng ddlnltlons apply lor the purpOSt 01 this attAchm.nt: a. Project co.t..-ProJ"ct 00.\.8 arc all al- lov.",ble COBl.8 ("" set lorth In the appllcabl. F.d.ral coot prinCiples) Incurr"d by" reclpl- , ent and the value ot the In-lUnd contribu- tions made by the r.clplent or third PlLTlle. In accomplishing th" obJectlve. ot the ~rant or oth.r agre.ment l1urlng tb. project or pro- gr&m perIod, b. Co.t .harln" an<! m<ltchtn",-ln general. cost sharing and matching rtpresent that portlon or proJ"ct or program costs not borne by tht Federal Oovttnm.nt. c. C,,-,h ccmtrlbUtlOTU.--Cash contributions repre5ent the reclplent'& c.....h outlay, tnclud- lng the outlay ot monty contributed to the recIpIent by non-F'ederal third pfJ"tles, d. In-kInd contrlbutlo1L3.-ln-klnd contrl- butloIUl reprellent tht value ot nonc&ab con- tributions provld.d by the recIpient IUld non-~.ral third partl"". Only ....h"n aU- tlborl7.ed by F'ed"ral leg~ls tlon. may property purCh88ed with Fecit ra 1 funds b. conald.eTed .... tht r"clpl.nt.s In-k.lnd contributions. In- kind contributions may be tn the lorm ot ch..r~es lor relLl property e.nd non-exp&nd- abl" persollAl property, and th. vLlut of goods and ""rvlces dlreetly benefitlog ..nd .p"clfically Ident1.fi&ble to tht project or program. 3, General guldellnes for computing cost sharing or ma tchlng fJ"e .... follows: a. Cost ahfJ"1ng or matching mAY conalat, or: (I) ChargeE tncurre<l by th. recipient && project costa, (Not &11 charges "'Gulr. ca.sh outlaYll by tht recipient during t1he project period; eX&IIlples ......., depreclaUon e.nd U6C charg"" lor buUdJ.ngs &DO equipment.) ( 2 ) Pro) ect COB to fin.s.n cod 'W1 Ul ca.sh con- tribute<! or don&t.ed to the recipient by other non-F'el1eral public ~nclea ILOd Instltutlon.o. and private organlzatlolU e.nd tndlvlduw and . (3) Project COflU nprellented by llervleee anO real ..nd pen.onal prop"rty, or Ulle the,..,- or. l10nated by other non-PedeTILI public s.gencl... e.nd IIlBtltutlons. e.nd pru.-ate org.>- nU.a tlOIlB LCd Inc1J nd u&la. '\ b. All contrlbutlons. both cash r.nd 1n- kln~. &ball bt! accepted .... part 01 the reclpl- tnt's cost shs.r1ng and mA'tchtng when ;,uch contrlbutlona me,,! ..11 01 tb. lollowlng crlterts : (I) Are veTUlabl" lrom the reclplent.s records; (2) An not Included.... cootrlbuLloDB lor any other lederally-......I.ted prop-am; (3) Ar. necNl8&ry and re&1>Onabl. lor prop- er and etllclent aooompllahm"nt ot project obJ.ctlve.ll: ('l) An: types 01 chfJ"ges that would be ~l- lowable under th. "Ppllcable OO<lt principles; (5) An: not paId by the ~eral Oovern- ment und.r another .......laUnC<l ap-eement (unl""s th. o.greement ~ &utborlzed by ~- eral Ia.... to be U&ed 10r~ slu.rlng or mAtch- Ing): (6) Arf: provided lor In th" &pproved budg- et ",h.n required by the J"edeTILl &gency; and (7) Con1orm to oth.r provtslons ot thlJl attM:hment. 4., Values lor J'OClpleot in-kind contrlbu- tloDJ! will be est.abll-.bed In ~rd8.Doe WIth the &ppllcable eoet principles, 6, Sp<ocU'lc p~u"", lor th" reoclplento In ~<f,.\,",l1""\rl~ f'h.. ,-.c.l.,_ ,.," ;"'"'_lo-l......~ .........,_.._lh" I Office of Management and Budget Circular A-110 (7/30/76) tlons from non-Federal third parlles arc set forth belOW: a, Valuation 01 "o/untccr SCTl,iccs,-\'olull- teer services may be furlllshed by professIonal and technical personnel, consultants, nnd other skilled and unskilled lahar. Volunteer sN\'lces mRY he counted as cost sharing or matching If the scn'lce Is an Integral and necessary part of an approved proJ.:ram, (I) Rates lor lIollmtccr service.' ,-Rates for volunteer!; Fihould be conststent.. \..'llh tho~c paid for similar work In the reciplent's organl,.atlon, In those Installces III which the required skills are not. lound In lhe recipient. orgalll,.ntlon. rates shoulel be cOllslstent. with those pnlel for slmllnr work In the labor mar- ket In which the recIpient competes for the kind of ~cr"lccs lnvoh'cd. (2) Voll/nlccrs ~mploycd by oULcr orga,,;- zatio1L~.-\Vhcn nn crnploycr other than the recipient furnishes the sen'lces of an em- ployee. these services shall pc valued at the employee's regular rate of pay (exelusl\'e of frInge benefits and overhead costs) provIded these servIces nre In the same skill for which the employee lsnormnlly pnld, b, Valuation 01 donated. cxpendablc per- semal propert)/.-Dona\.ed, expendnble per- sonnl property Includes such l!.ems as ex- pendable equipment. omee supplies, laborn- tory, supplies or workshop and clnssroom supplies. Value assessed to expendable per- sonal property Included In the cost or match. lng' share should be reasonable nnd should not exceed the 'market value of the property at the time of the donatIon. c. Valuation 01 donated. noncxpendable personal property. buildings. and Ian<! or "-'e thereo/. (I) The method used for chargIng cost sharIng or matching for donated nonex- pend able personal property. buildings and land mny dlfTer accordIng to the purpose of the grant or other agreement as follows: (a) If the purpose of the grant or other agreement Is to assIst the recipIent In the acquIsition of equipment, buildings or land. the totlLl value 01 the dona\.ed property mal' be claImed as cost sharIng or matchIng. (b) If the purpose of the agreement Is to support actlvl ties that requIre the use of equipment. buildings or land. depreciation or Use charges for equIpment and bulldlnr:s may be made. The full value 01 equloment or other capital assets "lid faIr rent,l chltTges lor land may be allowed provided that the Federal agency has approved the charges, (2) The value 01 donated property wlll be determined In accordance wIth the usual accounting policies of the recipIent wIth the .1ollowlng qualifications: (a) Land and buildinQs,-The value of donated land and bulldln'gs may not,exceed Its fair market value. at the time of donaLlon to the recipIent ILS establlshed by nn Inde- pendent appraiser (e,g.. certIfied real prop- erty appraIser or GSA repre~enta tlves) and certlned by a responsIble offIcIal of the recipient, (b) NoneIpend.ablc pC1'sOTUlI p'-o'pertp ,- The vl\lue of donated nonexpendable personal property shall not exceed the lair market value of equipment and propeny of the same age and condition at the time of donation, (c) Use 01 space-The value of donated space shall not exceed the lair rental \'al1:e of comparable space as established b\' an Independent apprnlsal of companble ~pace and facilities In n privately-owned building In the same locality:' (d) Loaned equipmcnt.-The \'alue 01 loaned equIpment shall not exceed Its fair rentnl vnl\lc. 6, The followIng req\llrements pertain to the reclplcnt's supportlng records lor In- k1nd contributions frorn non-Federal thIrd ..., ~ -, ~ ",. n. Volun1-pcr ~("r\'}cc~ nl\J~t. br. document.ed alld, to the extellt fe,,-,ible, ~upported by the sallle Illethods used by the recipient lor Its employees, b, The basis for determining the valuaUnn for persOllal sen-Ices, material, equipment, bulldlllgs and lnlld must be documented, ATTACIIMeNT F,--CtRCULAR No. A-IlO STANnhROS FOR FIN^NCIAL M.ANACEMENT SYSTEMS 1. 1111s attac,hment prescrIbes standards for (manclal management systems of recipients, Federal ~ponsorlllg agcntles shall not Impose ndc1itio-nnl standards on reclpienls unless spe- cifically provided lor In the appllcable sta- tutes (e,g.. the Joint PundlnJ; Simplification Act. P,L, 93-510) or other attachments La this circular, However. Federal sponsorIng agen- cies are encouraged to make sug(:'estlons and a~slst recipients In estballshlng or Improvln!; fi nnnclal 11lan(\.gclncnt systems when 6uch o.s.. slstanc~ Is needed or reques\.ed. 2. ReCIpients' (manclal management sys- tems shall provide for: a. Accurate, current and complete dIsclo- sure of the financla' results 01 each fedcrally spon~ored project or program In accordance with the reporting requirements set forth In Att:,chment G to thIs circular. \\'l1en a Fed- eraJ sponsorIng ngeney requires reporting on an accrual basis. the recIpIent shall not be required to establlsh an accr\la) accounting s\'stem but shall develop such accrual data for Its reports on the basis of an nnalysls of the documentation on hand. b. Records that Identlly adequately the source and appllcatlon of funds for federall}- sponsored actlvlt!es, These records shall con- tain Inlonnatlon pertnlnln!; to Pederal awards. authorIzation.. obl1gatlons. unobll- gnted balances. assets, outlnys. and Income, c. Effective ::ontrol over and accountability for all funds, property and other nsse~s. Re- cipients shall adequately safeguard all such' assets and shall assure that they arc used solel~' for authorized purposes. d. Comparison of actual outlnys with bud- get amounts for each grant or other agree- ment. Whenever appropriate or required by the Federal sponsoring agency.' financial In- formation should be related La performance and unit cost datn, e. Procedures to mlnlml"e the tlme elapsing between the transfer of funds from the U.S. Treasury and the dlsbursemen t by the recip- Ient. whenever funds are advanced by the Federal Government. Vlhen advances .orc , made by a letter-of -credIt method. the recip- Ient shall make drawdov.-ns as close as pos- sible to the time 01 making disbursements, 1. Procedures for determJnlng the reason- ableness. allowablllty and allocability of costs In accordance with the provisions or the ap- pl1cable Federal cost principles and the terms of the grant or other agreement, !;, ACCountIng records that are supported by source documentation, h, Examinations In the form of audl!..s or Internal audits, Such audits shall be made by Qualified IndividualS who are sumclently Independent a! those who autharize the ex- penditure of Feder,al funds, to produce un- biased opinions, conclusions or judg-ments. Ther shall meet the Independence crlterln along the lines of Chapter 3, Part 3 of the U,S, General Accountln{; Omce publlcatlon. Sl.andard~ for Audit 01 Governmental Organ- I""tlons, Programs, Actl\'ltles and !"unctions. TIlC~~ CX:lDlinationz nre 1nt.endcd to a..o:;ccr- t..'l.ln the effecUveness of the flnn-nctnl mnn- agen,cnt systelns ~nd }nternnl procednreS! that havc been establl~hed to meet the terms and conditions of the agreement.c:;. It 1s no\.. Intended t.hnt each ngrecmcnt awarded. to the reclp\ent. be cxamJncd. Gcncrnlly. cxnmlnn- Uo!)~ ~houlcl be conducted on an orr~nntzJ\.- ,,".''''' h....--I,. ~r\ ,........t 1h,., "<":,...",, ~",,,,~~~1,. ,...,f I A-110:3 flnanr.lnl transactions, "-' ,,'ell as compliance with the terms and conditions 01 the FederaJ gTP,nts and other agreements, Snch tc~Ls would Includc an appropriate sampllng 01 Federal agreemenLs, Examinations will be conducted with reasonable Ireqllency. on a continuing bl\sls or at ~cheduled Intervals. usually annuall)". bllt not le~s IrequenUy than every \ wO years, The frequency of these ex- aminations shall dcpend \lpon the natllre, sl,.. and the complexity 01 the act\'lIt)', These examinations do not relieve F'ccIeral agencies of their audit. responslblllLles, bllt mal' afTect t.he Irequency Bnd scopc of such audits. \. A syst.emntlc method \0 assllre tlmely and appropriate re~olutlon of audit findings and recommendations, 3, Primary recipients shall require subre- clplenls (I\S def1J1ed In paragraph 5 of the l>Rslc circular) to adopt the standards In paragraph 2, above exccpt for the require- ment In ,subparagraph 2e, regarding the use' 01 the letter-aI-credit method and that part 01 ,:;ubpnragraph 2a. regarding reporLlng forms and Irequencles prescrIbed In Attach- men'. G to thls clrculnr. ATTACHMeNT G,-ClaCULAR No, A-I] 0 rlNANCLAL RC'onTIN'C REQUIReMENTS 1. This attachment prescribes uniform re- porting procedures for recipients to: sum- marize expenditures made and Fcderal funds unexpended for each award, report the status of Federal cash advanced, request advances and reimbursement when the letter-of-credlt method Is not used; and promulgates stand- art<, forms IncIdent thcreto, 2, The following definitions apply for pur- poses 01 thls attachment: a, Accrued expcnditure$,-ACCrued ex- penditures are the charges Incurred by the recipient during a glvcn period requiring the provision 01 funds for: (I) goods and other tangible property received; (2) scrvlces per- formed by employees. contractors, subreclpl- ents, and otber payees. and (3) other amounts becoming owed under programs for whIch no current services or performance 1.5 requIred, b. Accrued incO'1'c.-Accrued Income Is the sum of (I) earnings during a !;Iven perIod from (I) servlces.performed by the recipi- ent; and (II) goods and other tlU1glble propeny dellvcred La purchasers; and (2) amounts becoming o,,'ed to the recipient for whll;,h no current sen-Ices or performance 15 reqUIred by the recIpient. c. Federal lunds authorizcd,-FederaJ funds authorized are the \nUll amount of Federal funds obligated b)' the Pederal Gov- ernment for use by the recipient, Thl.5 amount may Include any authorlzed carry- over o! unobligated funds from prior fiscal years when permItted by la \I' or agency regulation. d, In-kind contributio,,-,,-In-klnd COD- trlbutlons are defined In Atl.Rchment E to thlz circular. e. Oblipations,-Obllgatlons arc the amounts of orders placed, contracts and grants awarded, servlccs received. and sImI- lar transactions aurlng a gl\'en perlod that "'ill require payment by the recipient during the same or a future period, L OuUa.vs,-Outlay~ or expenditures repre- sent charges madc to the project or program, Thcy may be reported on a cash or accrual basis, For reports prepared Oil a casl1 basl5. outlnys nre the sum of actual cash dlsburse- mcnt.- for direct charges for goods and ser\'- Iccs, the nmount of Indircct expcnse charged. the vnlne 01 In-kind cOlllTlbuilOns applied. and the amount of cash ad\'ances and pay- ments made t.o subreclpients, For reports pre- pared on nn accrual basis, oullRYs are the !;\Im of Rclunl ensh dl~b\lrScment~ fOT direct c.:})arl!cs for ~nods :\.nd !';c;\'lcC''s. the nmotlnt n~ lndlrrort ,..:n"ll'p<:,(' Inr\Jrif'n n1~ \'n1\H' nf tn- I Office of Management and Budget Circular A-110 (7/30/76) kind contrlbut.lons applied, and the net In- crea.. .lor decre,,-,") In the amounts owed by the recipient lor goods and other property received, lor services perlormed by employ- ees, contractors, subreclplenUl and other payee. IInd other amounUl becoming owed under programs lor which no current .erv- Ic"" or perlormance are required. g. Propram Income,-Program Income I. defined In Attachment D 01 this circular. It may be reported on a cMh or accrual bll.5ls, whichever Is used lor reportlng outlay.. h, Unobligaled balance,~The unobligated balance I. the portion of the funds author- t:z;ed by the Federal spon!>Orlng agency that h"" not been obligated by the recipient and Is determined by deducting the cumulative obllgatlons from tbe cumulatlve fund. aU- thorized, I. Unllqufdaled ob/fgatfon..,.~For reportll prepared on a ca.h' bnsl.. unliquidated obll- Fatlon. represent the'o.mount of obllgatlons Incurred by the recipient that ha. not been pl\ld, For reports prepared on an accrued ex- penditure ba.sls. they represent the amount 01 obligations Incurred by the recipient tor whlcb an outlay hll.5 not been recorded. 3, Only the following torms ..111 be au- thorized for obtaining financial Inlormatlon from reclplent5. a. Ffn<lncial Statu3 Report (ExhIbIt 1). (I) Each Federal sponsoring &gency shall require reclplent5 to we the standardized l"lnanclal StatuS Report to report the status of lunds tor all nonconstructlon projects or programs. The Federal sponsoring agencies' may, tlowever, have the optlon ot not re- quiring the F'1n..ncl..1 Status Report when the Request tor Advance or Relmbu.rsement (p..r..graph 4..) or Report of Fed era] Cll.5h Transsctlons (paragraph 3b) Is determined to provide adequate Intormatlon to meet their needs, except that a final F'1nanclal Status Report sh..ll be requtred at the com- pletion, of the project when the Request tor Adv..nce or Reimbursement form Is used onl}' tor adv..nces, (2) The Feder..1 spoll.'lorlng "Fency shall prescribe whether the report sh..ll be on a c""h or accrual basis. If the Feder..1 sponsor- Ing ..gency requires ..ccru..l Inform..tlon and the recipient's accounting records are not normally kept on the accrual bll.5ls. the re- cipient shall not be required to convert its accounting system, but shall develop such ..ccrual InformatIon through best estimates based on an analysis of the cocumentatlon on hand, (3) The Federal 'sponsoring agency shall detcrmlne the frequency of the F'1nanclal Status Report tor each projcc. or program conslderln. the size and complexIty 01 the p..rtlcular project or program. HowHer. the report shall not be required more frequentl" th&n quarterl)' or less frequently than ..n'- nu&lI)' except as provided In subparagraph 3a (I) ..bon, A final report shall be required at the completion of the agreement.. (4) Federal eponsorlng agencies shall re- quire reclplent5 to submIt the FInanCial Statu. Report (orlgln.1 and no more th.n two cnples) 110 later thnn 30 days after the end 01 each spccllled reportIng period lor quarterly and scml-annu..l report.'. and 90 days lor annual and final reports, Extensions to reportlnr: due dates may be granted upon request of the recIpient, b, Report 01 FedeTal C",..h TTansaetions (Exhibit 2). (I) v,'hen tunds are advanced to reclplenl.8 through letters of credIt or wIth Treasury checks. the Federal sponsoring allencles shall require each recipient to .ub- mlt a Rep~rt or l"ederal Cash Tr..nAACtlons, The Federal sponsoring n!:ellcy eh..II u.e this report to monItor cash advallced 1.0 recipients ..nd to obtAin dlsbursement'llllormatlon for e..ch agreement from the reclplenl.8, (2) Federal sponsoring agencies m..y reo quIre forecasts or l"ederal c""h requirements In the "Remarks" section of the report. (3) Wh.n practIcal and deemed necessary, the Federal sponsorlllg agencle. m&)" require receipts to report In the "Remarks" .ectlon the ..mount of cash Advances In excess 01 three days' requirements In the hnnds 01 sub- recipients and to provide short narrntlve eX- planat,lons of actIons taken by the recipIents to red uce the excess bnlances, (4) RecIpients sh..lI be required to submit not m~re than the orlr:lnal and twO copies of the Report of Federal Cash Transactloru; ] 5 working days following the end of each quarter. The Federal sponsoring agencies may requIre [l monthly report Irom those recipients receiving advan.:es totaling II million or more per yeu. (5) Federal sponsoring agencies mal' waive the requtrement for submission of the Report of Federal Cash Transactions when monthly ad,'ances 10 not exceed lIO.OOO per recipient, provided that such advanc... are monitored through other forms contained In_Jhls ..t- ta.chment, or It. In tbe Federal sponsorIng llr:ency's opinion. the reclplent's accounting controls Me adequate to mInimize excessive Feder:>.1 advances, 4. Except as noted below, only the follow- Ing forms will be authorized for the reclpl- en~3 In requesting advances and relmbur.... ments, &, Reque3f lOT ....dvance OT Reimbursement (Exhibit J). (I) Each Feder..l sponsorlnr: agency shall adopt the Request lor Advance or ReImburse- ment as a standardized form for all noncon- structlon programs when letters-ol-credlt or predetermined advance methods are not used, Federal sponsoring agencies. howe,'er. ha \'C the optIon of using this lorm lor construc- lion prograrn.s In lieu of the Outla)' Report ..nd Re~uest for Relmburseme:lt lor Con- structIon Programs (subparagraph 4b). (2) RecIpIents shall be ..uthorlzed to sub- mit. requests for a.dvances and re'mburse- ments at least monthly when leUers-ot- credit ..re not used. Federal sponsoring agencies shall not requIre the 5ubml!"s10n o! more than the orlt;1nal and two copies of the Request lor Advance or Relmbu,-sement, , A-110:4 b, Outlay Teport and request lOT Teim. bllr.H~tllCl1t JOT construction progranLS (Ez- hi bit 4), (I) EReh Federal "pOnfoOrln!: abene)' sh"ll .dopt the Outla)' Report and Reqllest for Re- Imbursement for Construction Programs as the sta.ndardl2-ed lormat to be u.ed lor re- questing reimbursement lor constructlon programs, The l"edeml sponsoring ngellcles may, however, h..ve the optIon 01 substltut- Ing the Request lor Advance or Reimburse- ment Form (subparagraph 4a) when the Federal agencies determine th..t It prOVlde5 nrlequate Informl\tlon to meet their needs, (2) Recipients shnll be ..uthorl2-ed to sub- mit requests :or reimbursement fit lCllSt monthly when letters-ol-credlt Me not used, l"eoer..l sponsorlnb' agencies shall not require more than the orlglnal and two copies of the Outl,,)' Report and Request lor Reimburse- ment for Construction Prograrn.s, 5, When the Federal sponsoring agencies need additional Inlormatlon In using these lorms or mOTe Irequent re.ports, the loll owing sh&11 be observed: . a. Whcn additional lnlorml\tlon Is needed to compl)' .....Ith lcglslntlve requirements. Federal sponsoring ngencles shall Issue In- structions to requIre recipients to submit such Information under the "Remarks" sec- tion of the report.', b, When necessnry to meet specific pro- gnm needs Federal sponsoring agencies shall submit the proposed reporting requirements to the Flnnnclal MAnagement Branch, Budget Review Division, Omce of Manacement and Budget for approval prior to submission of the reports for clC"-Tance under the pro- visions 01 OMB Circular No, A-40, c. When a Federal sponsoring agenc)' has determined that" reclplenl's accountlng eys- tern does not meet the StllJ1dards lor Fl- nancl~1 Manageme:1t contained In Att..ch. ment F to this circular. additional pertinent Inlormatlon to luIther monItor grants and other agreements may be obtained upon written notice to the recIpient untll such time as the sy~tem Is brought up to stnndard, d, The Federal sponsoring agency, In ob- taining Inlormatlon as In pl\Tagr..phs a, b and c above. mus' comply "..Ith repor'. clear- I\nce requtremer.ts of the Omce 01 Manage- ment and Budget Circular No, A-40. as re- vised, 6, Feder..1 sponsoring agencIes have the option of shading out any line Item on any report thnt Is unnecessar)' lor decision-mak- Ing purposes, i: Federal sponsoring agencle: should ac- ccpt the Identical Inlormatlon from the re- c!!>lents In machine usablc format ~ com- puter printouts In lieu of prescribed formats, B. Federal sponsorln. agencle:; may pro- vide com!>uter outputs to reCipients when It ".-Ill expedite or contribute to the ..ccurac)' 01 reportinG, g, Federal sponsoring agencies are author- 17,ed to reproduce these forms, The lorms lor reprod \Jctlon 'Purposes can be obta !ned from the OtTlce of Man3-b'ement and Budget, I I Office of Management and Budget Circular A-110 (7/30/76) A-110:5 ~ J W . : ;; u ~ 0_ [l x w ~ ~ tol ~ ~~O 'ilil >- eo ,,'" ~6 ",'" :l; .; 0:;: I- o " E ~ ~ !< r ~ E ~~ g "0 e~ ; ~" 0 , " t=----- = o 2 w " ~ " i !< ~ e ! ~ " ~ o " o I< f r g i e ~ ;; 2 2 J '" " !:! ~ z ~ o o ~ t ;; c '" J . " w 5 -' ~ !: 0:: N o ' 0.. 1~:. ~]= (/) .z:. :;i ::>~e f- <:: ~ (f) .i i ~ '~11 < ~ ~ u : z z: ~ g <:: :l Z i g o ~ ~ r U I:;' LL.. ~I< ~ o ~ z ~ d]:; r 10 ~ ~ I~ ~ ol~ oJ 0 -< ~ r . 2 " X g L ~ : j ~1 ,i ..J I <~ ... '" 0'- ... . .... ,; ~ .. i >. ~ - .... ~ i ~ ~ ~ 2 ~ ~ ~ .... i , ~ ~ I i >. . ~ ~ .... ~ , I '" o o i r t ~ .i ~. 1> :z: ~ 2 o ... ~o .. ~ ~ .. ~ . ~ .... " w . , " " x ~ 5 ~ ~ e '" . >- ~ ~ ;: ~ ~ ~ ~ . .. ~ c ~ .... ! I ::.;1 ;:: :; ;:: L' :::. '" :;: Q >- ~ 2 - ~ :< I <:: I " ! ~ ~ t: o ~ ~ :> o .~ C. ~ :; o ~ 0. t: c ~ ,I I I ~ I II J j ] ~I~ gl~" Ec ~-r--~ -g-:: _~Il ~ ~ ~~lc>~ ~Io- .g.c:.~ i~~I~~ cl~~ 'O~~ . '" .., " u.; I ~ '" !- ~ I' ~ ~ ~:c.-;o..:; ~......l c~o ! I! I' i ~ j~! Ii] = =' u.. :l '"'--- 0;: 0;:' ~J: c;~:' ~~~~~ ~~~ ~.s~ ~ ~ o <5 >-! c ~ :0 ~ o l' ~ .., :; ~ C :> :;... c = ~ :l ~: ~ '01:3> ~ 0 " L~:; ..,,, E ".., :> ~ ~ ~I~ ~ "0 c c '- l- :> l- ... '" 00 "-w ~~ w;i >-al <::> 0.. t~ d ':;: . . ~i w." ~~ I' ;1 w. ... . ! 2 '" .( ci ~ " o ~ ~ 5 z ~ :. u " :z: E ;:: '" w U o W N ii' o I >- ::> < (; '" '" ::>..J >-< <u ~~ ..0 W ..J >- f: o z < '" :[ < :z: o '" >- :z: ii' "- '" o o '" "- i: i~c'E '" : ~ { ;!;: . a.:o .c _ E 0- l'sl's J"O_~ ~~;~ ----"5.E >- U cr E t = .. o c . '0 u ;:I . . ." . il:;~ . &. !:. :> =_:!~ .E:5 5-= ~~-~ ;e = .. .E. ~~~. ~ .2 ~ 1 ~ , 0 " " '" .. ; I ~ J 5 . ;;: . 0 ~ i : S ~ . '[ z i ~ ~ t ~ 'I z 1 B " 0 1 " " .. .. '" : 0 J '" 1 ----:;- g :: ..; (; "-- .~ ;; ;; 1 ~ i 0 t ~ ! " w ! ~ ~ '" m ~ ~ e ~ ; .2 1 , ~ 'i ~ "- '- ~ e " i '0 w'- - , t ~ ~ ~ ~ 10 ~ . >-- ~ I:: if ~ ~ CD ~ ~ _ cr:: :r: ';;" I.; .. >< ~n~r llJ .D " o ~..... ""- c u.., :I 0 ::::l W z ...' !... tl :I . 0 ~ ;; ~ '0 I I Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Ple.se tyP<' or print legibly,llems 1,2,3.6,7.9, IOd, lOe. 109, 10i, 101. lla, .nd 12 are self.explanatory, sP<'cific instruclion~ tor other items are a~ 10110"5: /"... E.lry [ntH the empl~er Identification number .ulpned by the ~U.S. Int.mtll R"",pnur S~rvice or nCE (innih1\ion) eode. If requir.d by 'h, Fe-deral ,potls,oung .pency. Thlt !IpeCl! II ,...,..~ tor en account num~' or othrr identltyln&: number, thet may be .ssirnPd by the rt<ipient. Ent.r the month, dllY. end YU' of the ~,,"nlnr .nd rndina of this proJKt penod.- rOf formul" !,anu th.t ur not eWllorded on II proJect b,nis, shOw th. gnnt po nod, 10 The purpo,.4l of vertlce! columnl (e) through (1) Is to provide fl"ancia' date tor uch p'o~rem. tUnc\lon, end 1Ic1lvity in the budget as .Bppro"e-d by the Fedenllpon. sorln~ 'renC')'. II edditional columns lire nee~f'd. use U meny ad<lltlonel form) a, nM<led end Indlc~1e pege number 'n spece provided In up'per ripht: however, the tOhlls of ell prOg'Tllms, tunctlons or ectivltles should be IhO'o'fn in column (g) of the flrst pagt.. For eflr..ements p.er1.elnlnG to uverel Catlllot of Federel Domestic Auishnc. proirllms thet do not reQul", e further funetlonal or ec1lvtty tlnslflClltion breakdO'WTl.. enter under column) (a) throUEh (f) the title ot the program. For grents or other euistanCII! altrMments containing muhlple prorrllms where ont' or more prOQ'rems AQulre e further breekdown by function or Ictlvlty, use e upente to"" for e.ch prognlm Ihowin; the epplicable tunctlons or ectivttin In the ICpllrete columns. for $:mnts or other euistence l~reemenU contlining s"v. erel functions or ecHvlties which Ire tunded trom 5-8'V'e'1ll1 progrllm!.. pr-epue . 'Sep.rate torm tot eath activity or tunctton when requested by the feCeu: a.pons.oting aseney. lOa E.nter the net outlay. This amount sMuld' bt the semf: as the emount repOrted In Line 10e 01 the last re~"'~. If the~ hn beoen an edJus:ment to the amount shown pteV~usJy. pleut .ttllch expllnation. ShO\ilt' zero If this Is the Initial report. . lOb Enter the to\el 'f"()e:S program outleys (less rebe1e-i. retunds, and other discounts) tor this report peri~. tncludlnE dlsbursem.nh 01 cuh realized as progt"!.m income.. FO(' reports 1N! ere plepllr'e'd on lush b2!1~, outlays are the sum of actual cas.h disbun~. mrT':'~ tor ~oods and urvices, tht amount of Indirect expense chul~ed, the value o! In. kind contributions epplie~. Ilne: the amount of c15sh adV8nC~5 and p:eyments mil de to contrac1or:s end subg~nltt5. For relX)rts pr~pe~ or. an accrued eXPE'nditure basis, otJ1.. 11I~"1 ere the- sum of actual clsh di!bu~ement5. the Ilmount of InellryC1 expense incurred. - the vllue of In- kind contributions applie<:. end the ne~ IncreBSe- (or oecrease) in tnt amounts o~ by the recipient tor Foods Ilocl other propertv received and tor aervices per10nned by employees, contMlctors, ,ubR'rantees, and other payetrS. /"... E.lry 1Oe: [nt~r the .mount 01 all "'fogr"m Income reallle-d In this period thllt is rr-Quirr<l try the ttrm, find con. ditlons 01 the Feder,,1 ,ward to be Oeduct~d from to\1I1 pt('l,rct cosu. rOf report5 prf':nll,ed on a cuh basis, enl'" Ihe IImounl of cesh inc{'me rectiv.d (juring thl! r-eportlnE Pf',iod. For report' prepere<l on en eccnllll balis. enler tht amount, 01 Income ~arnf!'d since the ~lIinnini 0' the reponinr period. Wlun the tf'rms or condilions ",lIow prollrem Income to bt lidded 10 the tOlel IIwll.rd. lI.plain In remerkt.. the source, emount and (jisposition 01 the Income. 101 Enter amount pertlllnlng to th~ non.Fr-derlll share of prOtl'rllm outlers Includ.d In the amount .~P line t.. 10h Enter total Ilmount of unliqulCIlIf"d obligations for this project or pro~rllm. including unliould"t~ obli@'lltions to sU'b~""ntees. ftnd contrectors. UnliQuiClIled oblig". tions art.: CIISh bul!o--Oblilletions Incurred but not .pllid; Accrued f'xPt"nditurf' bui,,---obli68tions Incur~ but tor which. an oullay ha, not been ~cordr<l. Do not include Ilny amounts that heve b<een Includf!'d on linn a thrCourh S". On the Ilnlll repon. line h should have e Jero b6ll1nct.. 101 Enler the FedeMll ,hllrf' of unliQuidated obliglltlons ,hown on line h. The amount shown on this line should be the di"erence between the 6fnounts on lines h and I. 10k Entllr the sum of the amount~ sMown on lines € end J. II the report Is flnlll the report Should not conti in any unliquldlln-d obligations. 10m Enter the unobllg.tf"<1 balllnce of Fedf'r'Bl tund~. This emount should be the dlf1erence. between lines k and I. lIb Enter rate In el1ect durtn6 the reporting period. llc Enhr amount of the bas.e to which the r21le was epplied. lId Enter tot,,1 8mount 01 indirect col1 chelied during the repon p.eriod. I h Enter amounl of the Federal shere charge<! during the repol": perioe. If mo~ then one rate was lSPplied during the projKt perioc:, incluOe I scp.eril\t S,CheOUlt showin, bUes .geinst which Iht IndlreC1 cost retes were applied, tht respective Indirect rate-s the month. OilY. anG yel'r the indl~ tat~ were In en ec:. , 8mounts of indlr'e'Ct u. penn charped to Ihe project. IInd the Fede-ral share of indirect ex:pen,e cherged to the project to date. A-110:6 " I I Office of Management and Budget Circular A.110 (7/30/76) A-110:7 Approved by Office of Mana<<ement and Budget. t-lo. 80-RO) 82 FEDERAL CASH TRANSACTIONS REPORT 1- rtodrul 'fWW'tJoOrin, "HK)' Ind or'U1iutionl1 .I.,..."t '0 ..~ick lhi, "port is t1ubm.h.d (See in.~trudian8 on the ba<.k. If report i.. for mor~ than one gran t or a.<:8istance agreement, atLach completed Standard Form !7~-A.) 2. RECIPIENT ORGANIZATION .. r .d......l rnnl or a(~.. id."tilica . 5. RKipi.nt'. KC'OUftt ...,mDtr "' lion ..umber lo",lityi", flumMr Nome : r.. laU.,. of u.dit PlU",ber 7. lu1 .-,,,,.,..1 '.CHIC".' MI~bw NtH"'''''''' Gille total number for this period aftod. SLrllrl : 8. Paymtnl Vouch"n cred,'", I. 9. lrMJury chtC;' rt<lincl (w.JM.fh tr )'OUr account (J'1' 7\Ot dt.po.,tt.d) Ci1~. S14t. 10. PERIOD COVERED BY THIS REPORT .nd ZIT' Cod.: 3. FEDERAL EMPLOYER ~ FROM ("'0,,'1\. ci.a.... "'lIOr) TO ("'O"t"'. do~ ",cor) IDENTIFICATION NO. a. Cash on hand beginning 01 reporting period $ ..- b. Letter 01 credit withdrawals c. Treasury check payments II. STATUS OF FEDERAL d. T ota I recei pts (Sum of lines b and c) CASH e. Total cash available (Sum of lines aflnd d) 1. Gross disbu~ements (See specific g. Federal share of program income instructicm.~ on the back) h. Net disburse~nts (Line 1 minus line p) i. Adjustments 01 prior periods j. Cash on hand end of period $ 12. THE A\10UNT SHOWN 13. OTHER INFORMATION ON LINE llJ. ABOVE, REPRESENTS CASH RE. a. Interest income QUIREMENTS FOR THE $ ENS UING Davs b. Advances to subgrantees or subcontracto~ $ . 14. REMARKS (A ttach cuidit.ional sheets 01 plain paper, il more space is required) 15. I certify to the best of mv I knowledge and belief that AUTHORIZED this report is true in all reo spects and that all dlsburse'l CERTIFYING ments have been made for the purpose and conditions j OFFICIAL of the grant or agreement THIS SPACE FOR AGENCY USE CERTIFICATION SIGNATURE DATE REPORT SUBMITTED TYPED OR. PRINTED NAME AND TITLE (tl r... C...u) (Nvmb.f') (EzL.....i.o") TELEPHONE 272-101 EXHIB IT 2 STANDARO rORM 272 (7-76) r.,.....,.....ir.-1 hv nfofir.. "f ~.nl"\F'~m.nt "nd Fiud,;>e1 I I Office of Management and Budget Circular A-110 (7/30/76) A-110:8 INSTRUCTIONS Pletl~. type or print legibly. Items I, 2, 8, 9, 10, lId, lIe, lIh, and 15 are self explanatory, specific Instructions for other Items are as follows: 1 '--' E71try 3 Enter employer iOentification number Ilsstgned by the U.S. Internlll RevQ>{lue Service or the fleE (institution) code. If this report covers mort then one gfllnt or other agreement, ~IlV' Items 4 and 5 blllnk Ilnd provide the intormlltlon on Standard Form 272-A, Report of Fed. erel Cllsh Tfllnuctio".--contin<Jed; otherwi~; 4 Enter Fede rll I grllnt number, Ilgreement number, or oth.r Identifyinll numbers if requested by sponsoring agency. 5 This spllce reserved for an Ilccount number or other Identifying num~r thllt may be auigned by the re- cipient. 6 Entei" the letter of credit number that Ilpplles to this report. If IlII Ildvances were mllde by Trellsury check, enter "NA" for not IlppliQlble and leave Items 7 and 8 ~nk. 7 Ent.r the voucher number of the lut letter.of.credit peyment voucher (Form TUS 5401) that was credited to your account. 111 Enter the total amount of Fedeflll cllsh on hand at the bel1innlng of the reporting period Including all of the Federal funds on deposit, Imprut funds. and und~ posited Treasury checks. lIb Enter tobl amount of Federi" funds r..ceived through Dl'yment vouche-n (Form TUS 5401) that were credo Ited to your accovnt during the reporting period. lIc EM+f the total emount of all Feder&! funds received during the reportin(' period through Treasury checks, ....netn.. or not d~ted. 111 E..te( the ~al Fe<l-enll c.nh dhbUfSeiTlents, made during tn. ~ ~, mcludlng cllSh receiv.d H Pf'09nlm ln~, Disbursements as usee here also Includ. the amolJM of advances and P!lyments Ies5 munds to SUbgPll"tMS or 00 "traetors, the iross amount cr. dif9Ct ulariK and ~K, includini the Eft try Hem emplopee's share of benefits If treeted as a direct cost, interdepartmenti\1 charge~ for supplies and services, and the amount to which the recipient is entitled for Indirect costs. IIi Enter the Federal shere of program income that was required to be used on the project or program by the tums of the grant or egreelTl,~nt. 11 i Enter the emount of all adjustments pertllining to prior periods affecting the ending balance that hllve not been included in any lines above. Identify each grant or 811reernent for which edjustment was made, and enter an explanation for Mch adjustment under "Remarks." Use plain sheets of paper If additional space is required. 11j Enter the total amount of Federal cash on hand at the end of the reporting period. This amount should include all funds on deposit, imprest funds, Ilnd undepos.ited funds (line e, less line h, plus or minus line I). 12 Enter the estimllted number of days until the cash on hand, shown on line 11J, will be expend&d. If more than three days cash reqirements are on hand, provide an explanation under "Remarks" as to why the drawdown W8S made premeturety, or other reasons for the excess cash. The requirement for the explanation does not apply to presl;heduled or automatic advances. 13a Enter the amount of Interest eerned on advances of Federal klnds but not remitted to the Federal agency. If this Includes eny amount ellrned and not remitted to the Federlll sponsorincegency for over 60 days, explein under "Remarks." Do not report int&rest earn&d on udvancBs to Stllt~. 13b Enter amount of advllnce to secondary recipients in. cluded in item 11 h. .. 14 In addition to providing explenatlons es required above, ,iw additionel explarwttion cleemed n.cesury by the reeipt.nt and for in~tion requir&d by the Federel sponsoring egency in compliance with governing legis' I"tion. Use plein sheets of paper If additional spaC1l is required. ~ I I Office of Management and Budget Circular A.110 (7/30176) A-110:9 FEDERAL CASH TRANSACTIONS REPORT CONTINUATION ITh. fO'Tm.. re>mplttrd and alLa~hrd to Sla..w.rd Frrm HI only when f"f'pcwtinO mD1"'f' fh~n tmI pro_n.( or C1~tlUit(1n..cc aprU'm.ent.) 2. RECIPIENT ORGANIZATION (Gi". "am<! oraly a.. .houm in il.m t, SF 171) 'Approved by OHlce 01 Management ane Bud....,. No. SO_R01S, 1. fEDERAL SPONSORING AGENCY ~ND ORGANIZA, TIONAL ELEMENT TO WHICH TH~ REPORT IS SUB, MinED 3. PERIOD COVERUl BY THIS REl'ORT IA. .h""," on SF t7t) FROM (~OralJ,. ..,. ..-..) TO (H__I\, M,. ._d 4. lisl information below for each R'rent or other Isreement covued by this, report. Use addItional forms if more space is reQuired. FEDERAL CRANT DR OTHER IOENTIF I RECIPIENT ACCOUNT NUMBER FEDERAL SI1ARE Of NET DISBURSEMENTS CA liON OR OTH[R IDEHTIr'YINC NUMBER N(1 DISBURS(M(NTS U;....., CUMULATlV[ ['Show 0. ~ubd'vUw1L bv other idtnLi. ~t.o"r....,..I' ,.., "I'CI"o'.'" ,_ NET DISBURSEM[NTS trmp nllmber. if ...equ..ir,d bV tho c:ro.... ....(".-i.,..1) FOR RePORTING F .el...aLSp""".",np ,J\ p.n~) PEAIOD 10\ Ibl 1<1 (el) $ $ " , . . I . ... '. I I I ~. TOTALS (ShDuLd c~upO"J'Li. with c."'-Ounv flh.own (In SF ~7f ~ j follow!: column (~J tfuo. 8Q.Tr".( c...1 lint 11ft: co/u:m.n fd) the .11m of lines l~~ ;;d ~ti. (l(~~~~5 .;F ~~! ~n.d eta7tul~.ti\l(' Qisbu,."tmMlt5 ~hown on I p .A ,. r :.o.hc'n of c.r..v a1f.~reJ1Lu..) I $ ,$ , STANDARD FORM 272-10 (7.)61 Pr..nlt..d t'.. Ollie.. l:'f l..\!lnoC'..m--.' .{rId 6"do,",1 272-201 Office of Management and Budlet Circular A-110 (7/30/76) I REQUEST FOR ADVANCE OR REIMBURSEMENT Approved by Office of Manalfement and Budget. No, llG-RO 1 B3 PAGE 0' .. "C'........ llo.tA ..... o ADVANCE 0 ~~:TBURS[. b. ..~.. .... .,.~a. be. PAGES 2. BASIS OF R~QUEST o CASH I. TYPE or PAYMENT REQUESTED (Su tutructioM Oft. back) J. fEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ElEMENT TO WHICH THIS REPORT IS SUBM,nED o FINAL 4. FEDERAL GRANT OR OTHER IOENT,rrING NUMBER ASSIGNED BV rEOERAL AGENCY o PARTIAL 0 ACCRUAL ~ PARTIAL PAYMENT R(QU~ HUMSER FOR THIS REQUEST 6. EMPLOYER IOEHTlflCAnON HUMSE,. 7. RECJPIENrS ACCOUNT NUMBER OR IDENTIFYING HUMBER B. PERIOD COVERED BY THIS RE UEST fROM (..,.1". M'. ....r) TO t.....u.. ..... ..-.-) .. RECIPIENT ORGANIZATION 10. PAVE (WM...\aQ..... H _I v","'", ..... ...... I) N._ N.... N...... .... .cullt N_'" ~"'''Mf c.... It..... .tWI ZIP C.....: C~..8tal'. "..wI ZI/fl;od. : 11. COMPUTATION OF AMOUNT OF REIMBURSEMEHTS/ADYANCES REOUESTED ... (II) (h) (e) , PROGAAMl/FUNCTfOHS/ACTIVITIU ~ TOTAl I. Totll PrDllram (A, 01 dct.) outlay. to dele $ $ $ $ b. LA".: CumwlatMt Df'ORram income e. :: f)'F"m outlllY' (Lmc II ......... d. EstImated net cash outl.yolO< advlncl perlod .. T"'-' (S."n .//WI., . of: 11) f. Hon.federel Mere of amount on "n_ . ~. Federaf ,hare of amount on line I h. Foderal plymonts previously requasted -. I. Fed"",' shl" I>OW requ..ted (U... /I ......... Ii... Il) j. """""cas required by lot month month, whon raqu..ted by Foderal erantor Igoney tor UN in makin. pre- 2nd month Khoedwl<<l advencec 3n1 month 12. AlnRHATE COMPUTATlON FOR ADVANCES ONLY I. UU....,ed Federa' cash outllY' th.t will be mlde dun.. penod COVO<1lCl by tho l<lvlnce $ b. La.: Estimated balance of Federal cash on hand a. of ber8inning of ad....nca period e. Amount raquatoled (U... II ""-.. Ii"" b) U. $ CElfTI~ION SICNI\TUR[ or AUTHORIZEO C~T1f'YINO O""CIAl,. DATE "EQUaT SUBMITTEO I certtfy thet '" tho beot 01 my h,,,,wiedre aM belie' the date .bow are correct and that all outlays were made in accord.~ with the Rnllnt conditions or other 81,,"0 "'I..t .nd that peyment is due and hi. not -., prwlously raquatoled, TYPED OR. ~IHT[D NAME AHD TITLE A_ Co4o H_~_ ............... Tn.E~OHE ThIs opKe 10<.......,._ .70-101 EXHIBIT 3 ITAltfDARD P'OIIIII 270 (7-76) """Kf1bed by Offtee of M."..."...nt .nd aucleet CIRCuLAR NO. .0..110 Federal Grants MllMQement Handbook September 1978 A-110:10 .. Appendix I I I Office of Management and Budget Circular A~110 (7/30/76) INSTRUCTIONS Please type or print legibly, Items 1, 3. 5, 9,10, lie, lie, Ill, Ilg, Iii, 12 and 13 are sell-explanatory; specific instructions for other items are as 10110ws: Itc-m E",''lI Indic.te wheth~r reQuest is prepared on ush or Ie' crueod e.penditure bUIs._ All requuts for advances shall ~ prepere-d on I cash balis. [nler the fe-deral I,ant number, or olhf'r identityi"i number n..signe-d by th~ 'federel UlOnloring leene)'. If tht edvence or relmbu,.,ement is for more. than on. grtlnt or other .i'rH:~nl. .nsert N/~; then, ,how the ISljre,ate amounts. On I ~p.ra't .hetl, list ..ch rrent or .greement number IInd the Feder.l ,h"e of outlays made .gain,. the I,ant or agrH'fflenl. 6 Enter thl employer identihc.tton num~r usirned by the U.S. Intern,l Rf'Yenue s,.rvice. or the riCE (institu- lion) code II rPQuffied by the federal arency. This Ipec. is rnerve-d tor en account number or other h,.ntifyinC numbeor that mey bt essiRned by the re("ipient. 8 Enter the month, dey, end yeer for the beginning end ending of th~ ptonod coyrre<! in this request. If thl ,.... Qutn is. for en eO"ence or tor both an ad"ance- end r.. imbursement, shOw tht period that the ad"8nce "",;U coYer. If the r.quest Is tor reimbun.ement. show the potriod tor which the reimbursement is request.d. Note: The Fede,.,,1 spon50rinR agencies hay. the option of requiring f"'Kipi.-nts to complete Items 11 O'r 12.. but not both. Item 12 Ihou'd be Ul-ed wh!l'f'l only e minimum amount o( intonnetion is nee-6ed to make IIn advenc! and outlay intormahon centAined In Item II ten boe obtain.d In a timely manner from other report... 11 The purpoae ef the vHtkel columns (a). (b), and (c), is to' provide ,pece ler aepereh cost b~ekCown, wtlen I project has been plenn.o end bwd@eted by pr08'~ni, function, er lIClivity. 11 lIdditionlll columns are net'ded, 1t.t'T7\ E'rttry usr as. many additlanal forms as ne-e<lrd and indic.etr page number in space proviOeod in upper right how- eYer, the lummery to'llls of all programs. functio'li, or .cti\lities Should be shown in the "lOUI" column on the first paRe. 1 h Enter in "u 01 dele", the month, day, end year of th~ ending 01 the accounting period to W'hit't'l this amount applies.. Enlrr program oullays to dalt ".et 01 rrtund~, reDelft. end discounts), in the eppropnllte calumns. for requests prepared on a ush buis, ouUays .n~ the lum 0' actuel cash dis.burwmenu tOf roods end s.erv. ke-s, the amounl 01 indired e.pens.es cha",ed. the ".Iue of in.kind COI'ltribuliOt:'.s applied, end the amount 01 clllh advances and payments mede to subcantnlic- tors and sUbr~ipieflts. for ~ursts preperl!'d on an accrued eJ:PflndilUre basis.. ou1lllY' are the s.um of tht actual cash dis.buf'1.~m.nts. thl: Amount af Indired es:. prnses incurred, and the net lnerras.e (or decreas.e) In th~ ..mounts owed by th. reciptent 10' ~oodl. end Dthef prope>rty recei"cd and fOf "ervice-s P":'r-'or1T\.e'd by em. ~oyees, contl"llcts, subgrantees and other paYMS. 11 b (nl" the cumulati"e cash income received to dale. H rC'Qunts er. pre-pared on a cash bui,. For reQue-st1 prepar.-d en an acen.-d ellpo&ndttur\l bas.is, enter the cumuleUye income eemed to dete. UndC!'( .tth_r besi~, e-nter enly the amaunt applieeble to progT'1lIm income that wes required to be Uled for the project or pro- I'am by the 'erms of the gf1lnt ar other Igre-ement. 11 d Only when making rflQuesh for edwnce peym.nts.. .nter the tatBI es1imated emount ot cas.h outlays th3t wUl be made durin" the period cov"~ by the ad".nc.. 13 Complete the certification before wbmit1ing this reQuest. A-110:11 '\ I I . Office of Management and Budget Circular A-110 (7/30/76) ApPf"Ov~d by Office of Mene,emen\ end ~"'GE OUTLAY REPORT AND REQUEST FOR REIMBURSE. Budin, No, 8o-RO )81 MENT FOR CONSTRUCTION PROGRAMS 1. T'Y,,( 0' "[QU(Sl 2.. ~A.SIS or R[ (S., in,fnuttO'ft.l Oft bo.ck) o nN"l o PAATlAL o CASH J. f[D[RAl SP'ONSORINQ AGENCT AND ORClAHlZATlONAL lLU.l(.HT TO 4. f[O[RAl CRAHT Ofl OTHER So. P.."RHAL. "AY~ WHICH THI! A[PORT IS SUBM,nEO IDENTIfYING HU"'lIf" ASo.$ICHEO BY ([,O[RAL ACUIjCT L ~~~'eO["'A(" IO[NTlnCATtON 17. .'ClrI[HT ACCOUHT O. OTH[O "1100 to'ID'Ul n ncn alP"Cl<<T IDENTIn-tNO NUt.C8[Jl '11I:0" tllf-.u..., ~.. ..-1 TO l"...u.. .... to lIlte'''I[.HT ORGANIZATlOH lG. ,.Aft.[ IM......~~~.......,U~......u.- N._ , N_ , H.. ....J N.. -.I. ....- , ....... , Cu.. OLI.., "...." .-..1 .!J1....t ..J J:lr Clwh: liP C....: II. STATUS OF F1JN[)5 PROG R"MS-FU N ClION s--.o.CT 'V, T I (S CLASSlrlC"T10N (a) (b) (e) .." I. AdminlstralN-e expenu S S S S b, Prellmlnll')' eI,penw c. LlInd. structures, rigtlt-of-wl)' I I d. ArchitedunJl ensine-ering betiC f~ I I .. Other erchltecturBI engineering 'eel I , I I , I f. Project In"pectio" feon i. und development I I I h. ReloceUon .xpens.e I I I. Relocation PlIynients to Indlvldueb end I I I businesses ), Dementlon and ~mOVll I I . I I k, Constn.Jction and project Improvement I I I I cost I. Eauipl'T'l'ent I I I I m. Misce-lIaneous cost I I I I n. Tot.l cumullltive to dete (sum o'"linC"l I I I IhN m) o. Deductions for program income I I i p, ~el cumulative to date (Line n minus I I I hne o) . Q, FeO"rel share to datt ! I I i I r. Rehabilitation ,renh (100% reim'l I ! I bursement) ., lou! Federal shue (sum of lines (I I I I I and r) t. Federal payments pr~viously ,.., I I I I Quested I ! I u. Amount ~oue-sted tor rr-imbun.emen' ,~ 1$ Is Is ,- v. Percentage of phYSical complnion of I I %1 pn:>je:t . % % 12. CERTIFICATION 'ICNATUR( OF AV'THOAIZ(O CEFlllrYlNC , OAT[ or OF"ICI....1.. SUB""'ITI 1 cenity the' to the best of my knowle<!ge end belief the bjll~ costs or disbune. e, RECIPIENT I ","PeO 0' r"HHo N""" "HO TIlL( I T(L("HO menl, Ue in accordal')ce with the tc-nTlS ........~ 01 th!: project IInd that the- ",irnbursernent represents th!' Federal shere due which SIONATUR[ OF AVTHORIIED CU~lInINC I om SIC h.. not been previously reQuested end OFFlCIA.l. that an inspection has t>t'en per10rmed C. Represf'ntativ!' and ell work is In accordance with the cenityl"E to line llv. TYPED OR PRINT(O NA.Ioo4E AND TlTL( I T(L(PHO hrm, or the e.......-ard. ...-..to.. " 1-101 , EXHIBIT t SiAHOj.,RO rOflt.l 771 (7-76; ,.,....-,'~,.I" t.~' (It'!'C_ "l I.o\.~.~ or f""'O[! QUUT o ACClltUAl (.NT Rf.QUESl HO. _I .... 'J TOT"L % ro.T [0 N[ loA.- ......... .... _'-""""'1 H[O N[ IA.._ e~ .... _-.-.. J "",.~.n('! f\.<Jrt..-'I A-110:12 , I I Office of Mamlgement and Budget Circular A-110 (7/30/76) INSTRUCTIONS Pie"... type Of print IRglbly. 1\"",.3, <I. 5, 8, 9, 10. 1 h. lIod llv lire ""II ,,,-,,pllln.'llory; specific instructions for olhar Item..... as lollOW'l: hnft ......7")' ,..f1l. ....,.. ....1IIOf"...t.. ~. H It\<< r.-:lue;,( .. ""~. th4 8""""" ~.. .....ld ~ .... 1.-.1 00.( of the ~ 2 I.....,.. W'h.c;h.,. a"flCHlnb .re ~ ." ." ac::erved ~ndrwl"C ., _~ ....~.tII( ~. , a......' .... .~.r ~"U~ lIlIumber ........ed by t". u.s. In1",~ A......"'". ~. (or neE (~dttvtion) KId. M' r-que-n.4 ." the f.ct....' ...ftC)"). This 'JMV. k ~ ~ an acoount. numb. eM" e4'hef' ~ntttylne ,n."'" thet me)' .... ._",n.4 br th4: ~ont. II Tho ~ O<f _I _m... pI 'hrt>Uf/ll (clio to ,.""",0. 8If>>a tM ...,...,..,. ..-( .......~ .......~ . "'lie' p~ h... ......, "..,...... .fWII ~.ct Py ,...... W"'''''. hH\e+fo" ", ..t+v~. H Hffttional ~M .~ .....-ded. uw .. "'eny .ddttlonl!!ll ~ .s -...ded .rwI. ".,<Ha'. ~ ,....."kr", ..,.... ~ in ........ riv.ht: ~.r. tn. ~mery k1tel-s .f al( ,...-ov""",- tv..... ""ni. t" .C1i~ should t., .~ in tn. .~r" ~tfm'l en the ""-t ~... All ~ .,.. ~e4 .... . eumu.......... be'" lu In_ am.u,.. .....oded J.,,.,,.h ~s M~. ~I ....... .-..m..1. of wnldec and .... """' 8dmlnf~trw -,........... ~. .... .",....ne 0( -.nt.r.c. ~ ....n." .~ by prog,...... ~Mw\. AJ4"e .how tiM amount -< ~ ....,.... eoft . ..pe,.. ~ 11. ...... _ ~"Ini .. .... __ 01 -;"C .nd -'~nl. waeD"'t SoU,....,.... ...wI ""'ps.. .,;"ktnC ....c. ~I..s.. and .. ~ work. ,....,u.1"'eId prior to acllNel ...~ ~LIIl. 1 h ~ ." ."'-"'" di-=tty __ wtIt1 u.. ........ ~ - ~nd. ...."C s:tf'\lClW,.. an4 r.w.ted ri.6t'J(o()(. .-. I kI ~ _ _ .... _ M _,.h~-.rol onB'~ 11. Em.r""".r ~tt.ctu,..f "'~n,g ~. 00 not tnciuo. ....... ....-..ut:ft3 ........ .... at"" 4. III l_~. _ _ ... 01 ....__ ...., ....- ~ Ill' l-MC____""'h___oI ~ wt\en tn. ~ """"P'O'W of nw r-anoc it: ..ftd ~_. Tho __ ~in;"C... Iond_ ~ "'~ .......o..te.d ""","h "'-;0... c-"'ICtruction ~ .. ..ow... ~ '""- "'-Woty eond _menld on Il...k. II> lnM<____...~_ ~........... ....0: -< c::Inb ~ ~r.( ....,.... ""c: ttHt .....ort}. 00 rtOt iftc'h.ld. ...-.aunts. ......cIed tor" ~ton ac:tminiwtl'Wtiwow ..".....~ theIl4 .rnowna ~ b.- Nr.d...e..4 i.Il ~............ on AIM a. J Ii f.m.er ~. .1'ftOtJn( -' ~~ pr."""'",b ~ .". VIII. ~ip~ k> lIispUN(f ~"'. '.I'TI'N., busi"'-S. con- cerns, ancj nonP""OJ( orrantz.tj~, I..... '....... III [ntH ~ ...h.,irs ....cS ~ O'f "",.,toy..... of the Nd~ end ,...~ to ''''''rd pert)' COMrf)(:'\O,., d-i. ...cUy ~ in pertonning O~1Of'l 0( ,~l 0( a~ tf'Om ~lf'e'(J .,.",c. AA proc..-d.. tram the ..... 0( M~ or ..,. ~l of s1Nc1ur., I>hou~ be cr.d"ed to tn... account; thenlby rwl"te-ctin( "eo( .n"lOUrtU iC fIIeIftLI.rwd by "". r~~,..1 ~.M")'. Ilk [Mer t~ .mouNts a~""ed wnh the _dulll con. ..-vction of, -<<t,.kHol kI, fK restoralion of II facility. N.c. induck in Ihi. CMt~. the amounh tor rtroj.c:t 'm~ ~k as .....,..... 51'.-.(1. 1....0 K.A P'"i. ...., 1IP<lrc. ) 11 Em.... efY104l,l!'lb tor a" equtpm~R1., bott1 find and mo.... abN., ewck.l,...,... IIQv/runent u-..rod tor construction.'or DArn,,"_ r-rm.....n1ty' AttKhe<i MbotlItory tabl.,. buU(. 6ft aoudio Nu.l wyQe'I'llII... M(NatH. dnks, ch.8 i", , and Ia'-""><y "",,;pm..,t. 11", ~.... ~nb 'Of aM A..m& not. IP'f'C'fkal"" men. -... -. 11" Em.,. the total c:umwletjw ar1'lO(.".,t to dete Wro"hlch ahoukf ~..... ~ol"fte'S. "l"OUf'h m. l1.e biter ttM total ,unount. of prD(lt'8m '"come applied to the ar.nt or c:ontrlld ~.rtt beep{ 'ncome in. ...... ... ....". .. hi.nUfy Of\ a MP-anth ahH't 01 pepoe-r the aoun:as.nod ~ eI DM Jl'MSOmc. 11, !/It.,. ~ P'J4IIt cumuLetiYt amount to dat~ which .~k:l be ttw .rnGllH9C. ~ 0l'I NrM n minus the amount ... line o. 14 1M<< t..... ~ wrhe" ~ ..... _f'nOUnt shown on '1M p. J lr Enter the wn8UfIlIt of rw-nabl.lta:tiOfl ,r1In\ p.eymerrtl. ~ to IndtvWueh whe... p~,.m ""...etion proyide-s. 100 ~ ~ by tho ,..,...1 arney. 111 Em... _ *-I __ ol redo"" POym.<\t> "",,Iously --. " ",.. lonn l& ..- to< ~E r..m, .....--. lAw 1.......-... ~flI( F'lOW' ~nt" .-..q~ ...... ~...... ~ nw.. ~ ~I(l 1M tt\e .i....re-nc. ~e1'l the: .."....... --., ~ !,;nee . and t. It din .'n nl, n. ,...... ............,.....n...c... Ih To M ~.., by ..... _ oIO\clo; who ;, r.. ~ tor ttw oper.tion 0# ..... Pror.....-r'l. Tn. det. ..noutd _ tM >>CtUAI ..... u.... ~ it submitle(J \0 the F.e.r., .~. 12b To b. ~"'ed by..... ~ rep~"'.tjyw who K c.rtttyi"( \0 the p.woc.n( of pt"Oj-c1 compl_, ion as ~ed tot" in ttM: ~. 01 Ute I,.nt 0( .r~.nt. A-110:13 '\ I Office of Management and Budget Circular A.110 (7/30/76) ATTACHMENT H,-CIRCULAR No, A-liD MONITORING. AND REPORTING PFl.QGRAM f'ERF"ORM-ANCE I. This attachment sets forth the proce- dures for monitoring and reporting program performance of recipients. 2, Recipients 'shall monitor the performa:lce under grants and other agreements and. where appropriate. ensure that time sched- ules are being met, projected work units by time periods are being accomplished. and other performance goals are bel ng achieved, This re"lcw shall be made fo~ each program. funcllon, or actlvlt,y of each agreement as set forth In the approved "ppllc"llon or "ward document. 3, Recipients sh"lI submit" performance rcport (technlcnl report) for each agreement thAt brleny presents the following Inform.- tlor. for e"ch program, funcllon" or "ctlvlty In"olved as prescribed b)' the Fedcral, spon- soring agency: a. A comparison of "ctual accomplishments ,,'Ith the goals established fo,r the period, the findings of the Investigator. or both. H the output of programs or projects can be readlly quantified, such quantitative d"ta should be related to cost data for computation of unit costs, b, Re"sons why established goals were not met. c. Other :pertinent Information Including. when llpproprJate. analysis "nd explanation of cost overruns or high unIt costs. , 4. Except as provided In a and b ,belOW. and In subparagraph 3a( 1), Attachment G. reCipients shall submit the performance or technical reports to Federal sponsoring agen- cies and the Financial Status Report~ cov- ering the same period In the frequency estab- lished by Attachment G of this Circular and. where appropriate, " tinal technical or per- formance report after completion or 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 rcquest for ad,'ance or reim- bursement when that form Is used In lieu at the Financial Status Report, Except as pro- Vided for In paragraph 5 below. perform"nce 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 performance reports with the financial reports under the following clrcumst"nces: a, When the recipient Is required to sub- mit a performance report with a continua- tion or renewal appllcatlon, b, When the Federal sponsoring agency de- termines that on-site technIcal Inspections and certified completl";] dp.ta wlll be sum- clent to evaluate construction projects, c, When the Federal sponsoring agency re- quests annual financial reports on a fiscal year basis but It Is necessary to get annual prcgress reports on a calendar year basis, 5, Between the requIred performan~e re- porting dates, 'events may occur th:;t have Significant Impact upon the project er pro- gram, In such Instances, the recipient shall Inform the Federal sponsoring agenc)" as soon as the lollowlng t)"pes of condltlens become kno"'n: a, Problems. dela}'s. or adverse conditions that. wlll materially atrect the ability to at- tain program objectIves, prevent the meet- Ing of time schedules and goals, or preclude the attaInment of project werk units byes- tablished time periods. Thls dIsclosure shall be accompanied by a statement of the actIon taken. or contemplated, and any Federal as- slsUince needed to resolve the situation, b, Favorable developments or events thnt enable time schedules to be met sooner than anticipated or more work units to be pro- duced than originally projected, 6, If an)' performance revlev.' conducted b,' the recipIent discloses the need for change I; the budget esllmates In accordance with the criteria established In Attachment J Co this Circular. the recipient shall submit a re- quest for budget revision, 7. The Federal sponsoring agency shall make site "Islts a.s frequently as practicable to: a. Review program accomplishments and management control systems, and b, Provide such technJcnl "sslst"nce as ma)' be req ulred. 8, Federal sponsoring agencies shall submit proposed technical and performance r~ports to the Ornce of Management and Buuget for npproval In accordance wi th the report clear- ance requirements of OMB CIrcular No. A-40 as re"lsed. ATTACHMENT r.--CmCtlLoAR No. A-liD PA \" MEJ>r,"'T ReQUIREMENTS I. ThIs atla.chment esta.bJlshes the re- quired methods of making pa)"ments to recip- Ients. These methods will minImize the time elapsing between the disbursement by these recIpients and the transfer of funds from the United States Treasury to these recipients whether such disbursement occurs prior to or subsequent to the transfer of funds, 2. Payments can be made to recipients through a letter-of-credIt, an advance by TreaSUT}. check. or a reimbursement by Treas- sury check. The followIng definitions apply for the purpose of thIs attachment: a. Lerrer-oj-Credit,-A letter-of-credit Is an Instrument certified by an authorIzed orn- clal 01 a Federal sponsoring agency that au- thorizes a reCipient to draw funds when needed from the Treasury. through a Fed- eral Reserve bank and the recipient's com- mercial bank, In accordance with the provi- sions of Treasury Circular No, 1075. as re- vised, ,b. Advance by Treasury check,-An ad- vance bv Treasury check Is a payment made bv a Treasury check to a recipient upon Its request bel ere outlays are made by the recipient, or through the use of predeter- mined payment schedules, c, Reimbursement b}' Treasury check,-A retmbursement by Treasury check Is a Treas- ury check paid to a recipIent upon request for reimbursement from the recipient, 3, Except for construction grants and other construction agreements for which op- tional payment methods are authorIzed. as described In paragraph 5. the letter-of-credlt method shall be used by Federal sponso::lng agencies 11 all at the following conditIons exist: a. If there Is or wUI be a conllnulng rela. tlonshlp between a recIpient and a Federal spc-nsorlng agency for at least a 12-month period and the total amount of advance pay- ments expected to be received ,,'Ithln that pe- riod from the Federal sponsoring agency Is $250.000 or more. as prescribed by Treasury CIrcular No. ]07~, For joint funded proJects the Treasur)" has author12.ed a dollar criterIa of S120.000, , b. it the reCIpient has established or dem- onstrated to the Federal sponsorIng agenc)" the willingness and ablllty to maintain pro- cedures that "1ll mInimize the tlme elaps- Ing between the transfer at funds and theIr disbursement by the recIpient, c. II the reclplent.s financial management s"sterr. meets the standards fer fund controJ and accountability prescribed In Attachment F to thls Circular, "Standards for Flnanclal l\~8nagement Systems:' 4, The method of "dvanclng funds b)" Tren...lI:.uTv check shall be used. in nccordnncc \l.'lth the provisions 0: Trea.sury Circular No. I A-110:14 1075, when the recipient meets all of the re- quirements specified In paragraph 3. above. except tho,e In subparagraph 3a, 5, The reimbursement by Treasury check method shall be the preferred method If the recipient does not meet the requirements specified In subparagraphs 3b and 3c, above. At the option of the Feder"l sponsoring agenc)", this method may also be used on any constructlon agree men t. or If the major por- tion of the progl am Is accomplished through prIvate market fmanclng or Federal loans, and the Federal assistance constitutes a minor porllon of the program, When the re- Imbursement method Is used. the Federal sponsoring agency shall make payment within thirty dnys arter receipt of the billIng, unless the billing Is Improper. 6, When the letter-of-credlt procedure Is used. the recipient shall be Issued onc con- solidated letter-of-credlt whenever possible to cover anticipated cash needs for all grants and other agreement.' awarded by the SpOIl- sorlng agency, LIkewise, to the extent J>o.sl- ble. when the advance b)' Treasul')' check method Is used. advances should be cun- solltlated (pooled) for all grants and other agreements made by the sponsoring agency to that recipient, ' , 7. Unless otherwise required by law. Fed- ernJ sponsoring agencies shall not wIthhold paym!nts for proper charges made by recipi- ents at any time during the project or pro- ~rnm period unless (a) a recipient has failed to comply with the program objectIves. 8"..ard condlllons. or Federal reporting require- ments: or (b) the recipient Is Indebted to the United States. and collection at the In- debtedness will not ImpaIr accompllshment at the objectives of a project or program sponsored by the United States, Under such condltlons. the sponsoring agency ma)', upon reMan able notice. Inform the recipient that payments will not be m&de for obllga llons Incurred alter a speclned date until the conditions are corrected or the In- debtedness to the Federal Government Is llquldated, ATTACHMENT J,--CmcuLoAs No. A-110 J{EVlSION or TINANClAL rL^NS L This attachment sets forth criteria and procedures to be followed by Federal spon- soring agenCIes In requirIng recipients to re- ponde,'latlons from financial plans and to req uest approvals for financial plan re~ ,'Islons, 2. The financial plan Is the flnancla] ex- pressIon of the project or program as ap- proved during the appllcallon and/or ~ward process, It may Include either the Federa'! and non-Federal share, or only the FederaJ share,- depending upon sponsoring agency require- ments, It should be related to performance for program evaluation purposes ....henever approprla te and req ulred b)' the Federal sponsorIng agency, 3, For nonconstructlon awards. recipients .hall ImmedlateJy request approvals Irom Feoeral sponsoring agencies when there Is re3.son to bel1e\'e tha.t \,1,'lth:n the next 5!,Ven days a revision will be necessary for the tollo\\/lnb reasons: a, Changes In the scope or the obJectl,'e of the project or program, b. The need for additional Federal fund- InS, c, The transfer of amounts budgeted lcr Indirect costs to absorb Incre"ses Indirect cost, or vIce versa. t:: approval Is requIred b\' the FederaJ sponsoring agency, . d, The expenditures as require approval In accordance ....lth FMe 73-8. "Cost PrinCiples for Educatlona] Institutions," For all other awnrds. appro"al reaulrements for other Items of expenditures may be Imoosed If they nre conslslent ....Ith those In FMC 73-8, No other requIrements for specific Items may be I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless a deviation h&5 been ap- proved by the Office 01 ManR{;emen~ and Budge~, e. Reclplen~s pl"n to transfer funds allo~ted lor training allo,,'anccs (dlrec~ paymenUl to trainees) t.o o~her categorle. of expense. .. None of the substantIve programmatic work under " gran~ or other agr""ment m"y be subcont.racted or translerred wlt.hout prior approval of the Federal sponsoring agency. This provision does not. apply to t.he purchMe 01 supplies, tnAterlal. equIpment, or general support ser\'Jces. 5. The Federal sponsor1ng ll{;ency may also, at. Its option, restrict translers 01 funds MTlong dIrect cost. calegorl"" lor awards In ,,'hlch t.he Federal shAre exceeds '.100.000 when the cumulat.lve amount. 01 such tra/l6- fers exceeds or Is expeclcd to exceed five percont. of Lhe total budget lLS last. "PI' roved by t.he sponsoring agency.. The same erllerla shall apply to the cumulative 1LID0unt 01 t.ranslers among progr&dJl6. func~lons. "nd actlvltles when budgeted separately for an award. except. that. the Fedeml sponsoring agency &hILlI perrn1t. no transler tb..t would cause any FederlLl approprlll-t.lon. or par~ ~hereol, to be used lor PUrp06C6 o~ber tban th05e Int.ended, 6. All other changes to nonconst.ructlon budgets, except for tbe cbanges described In paragraph B, belo"', do no~ requIre ap- proval. This Includes tbe lISe 01 reclplen~ funds In lurtherlUlce 01 program objec~lves over and above ~he recIpient. mLoJmum sbare Included In the approved budget. 7. For cons~ructlon ......ards. recipients shall request prior ...pprov...ls prompt.ly from Federal sponsoring R{;encles for budge~ re- visions wherever: .... The revision results from changes In the scope or the object! ve of tbe project or program. a.nd b, The revlsl= Increases t.be budgct ..mount.s of Peder..) funds needed to com- plete the project.. a. ""hcn a Federal sponsoring agcn:y makes an a"';u-d t.h..t provldcs support,for both const.ruct.lon and nonconst.ructlon work. the Feder..l sponsorIng agcncy may require the reclpien ~ to request prior approval from the Federal sponsoring ll{;enc)' belore m3klng any fund or budget trAnslers between t~e t.wo types 01 work support.e<l, 9. For both construction and nonconstruc- tlon aw;u-ds, Federal sponsorIng agenclcs shAll requIre recipients to notlfy t.be Fed- eral sp:>nsorlng agency promp~ly ,,'henever t.he amount of Feder,.} .autbor1=d funds Is expected to exceed the needs 01 the recIpient by more than 1.5.000 or five percent 01 tbe Federal award. whichever Is gre3ter. This notlllc...tlon wUl not be required If "'ppl1ca- Lions lor additional funding a.re sul:>mJtled for contInuing grants or contre.cts, 10, When request-In:; approval lor budget revisiOns, recIpients shall use ~he budgll~ fonru; that were used In tbe application unless a leLter request "ill suffice. 11. WIthin 30 calendar da\'s Irom the date 0: receIpt of the request ror budget re"l- slons. Federal sponsoring "gencles shall re- vIew the reques~ and notlly tbe recipIent whether the budgct revIsions have been ap- proved, If the revIsion l' still under con- sideration at. the end 01 30 calendn days the Fe<:Ieral sponsortng agency shall Infor~ the recipient In WTlting 0: Lhc date wben Lbe rec1plent may expect the decl,lon, ATTACHMENT K,--CmCUw.R No. A-lIO CLOSEOUT rnOCDJUTtES 1. ThIs atta.chment, prcscr1bcs unlform closeout procedures for Federal grants and other agreeme n ts "0'1 th recipients, 2, The follOWing definitions shall apply lor the purp06C of thL' atLachment: a. Clooeout,-The closeout of a grant agreement 11; the proce"" by whlcb a Federal sponsoring R{;ency determines tbat &!I ap- plicable a.dmlnlsLratlve a.cuons and all re- qulrc<1 work of t.he R{;Teement have been completed by t.be recipient and lhe Pederal sponsoring agency. b. Date 01 complelion.-'lbe date 01 com- pletion 11; the date on whlcb all work under grants and otber R{;Teements 18 compleled or the date on 'Lbe award document, or any 'IIupplement or amendment thereto. on wblch Peder&! sponsorship ends, c. D;.,aJlolPCd co.,t..-Dlsallo,,'cd costs arc those charges to a grant or other &{;reement that. the Fedcml Spoll.'\Or!nc agency or It., reprcscnLRtlve delermlncs to Uc unallow- able. In accordAnce with the nppllcable Fed- eral cos~ prInciples or other conditions con- tained In tbll "l,'Teements, 3, All Feder&! sponsorlnc ll.j;enclc.' ..hall cs- tabllsb C106CoUt procedurcs tbat Include the 10Uowlng requlrements: a. Upon request, t.he Pederal sponsoring arency sball make prompt payments to a reclplcnt for allowable rclmbursnllle costs under t.he grant or other agrecment being closc<l out. b, The recipient shall Immedlntely relund any balance 01 unobligated (unencumbered) c'-5h that the Federal sponsoring agcncy has ndvanced or paid and that Is not nutborl7,ed to be retalncd by thc recipient fllr use In other grants or ot.hcr ngTccments. c. The Federal sponsoring agency sball ob- t,,1n from the recipient wltbln 90 calendar days after the d"te of complctlon 01 t.be agree men t all fin"nclAl, perlorm"ncc, and other reports rcqulred as thc condition of the agreement. 'lbe agency may grant extensions when requested by t.be reclplcnt. d. When authorized by t.he grant or otber agreement. the Federal sponsoring agency sh..ll make a settlemcnt for any upward or downward adjustments to tbe Federal shnre of costs after tbese reports a.re rccclved. e. The recipIent sball aceount for any prop- erty acquired ...Itb- Fcderal lunds. or re- ceived from t.be Government In accordance wltb tbe provisions of Attachmcnt N to this Circular. Property Management Standa.rds. 1. In tbe event a final audit has no~ been penormed prior to tbc closeout of t.he grant or o~ber R{;Teement. the Feder&! sponsorIng ....gency sball retaIn t.be rlgbt to reCOvcr an appropr1ate amount after fuUy considering thc recommendations on disallowed cOGts re- sulting from tbc final audIt. 4. Suspension and terminatIon procedures are contained In Attachment L to t.bls Clr- culnr. ATTACHMI:NT L,-CDlCULAa No. A-lIO SUSPENSION ANn TJ:RM1.NAnON' PROC'l:DUJL.[:5 1. This attachment prescrtbes unl!orm suspensIon and termlnat.lon proccdures lor Federal grants and otber ap-eements wi tb re:lplents, 2, 'lbe lollowlng definItions shaU apply fcr the purpcse of t.hls attachmcnt: a. Tcrmlnation.-The t..ermlnstloo of s gran~ or otber agreemcnt. means toe c"n- cellatlon of Federalspoll..'<Orshlp. in whOle or in pRrt. under an BgTeemcnt at any tIme prIor t.o t.be date 01 completIon. b. S"-'pcn.sion.-The suspension of a grnnt or other agreement ts ILD acLlon by a Fede".1 sponsoring agcncy that temporarily SU.'- pends Fedcral spons::rshlp under the gran t or other B{;TCcz;:ncnt, pending correctIve ne- Lion by the recipient or pending a dcclslon to terminate tbe grant or otber agreement by tbe Peder&! sponsorIng &gency, ;3, All Federnl sponsoring ngencles 5hall provlOe procedures to be followed "'hen a recipient bas failed to comply v.1 th the terms I A-110:15 of the grant or other "!!Teement "nd condl. tlons or .tandards, When th"t occurs, the F'ederal sponsoring agenc)' m"y, on reason- able notIce to the recipient, 5uspen,d the grant or other agreement. and withhold lur- ther paymcnts, prohIbit the recipient Irom Incurring addItional obllgaLlons 01 funds. pending correctlve "cLlon by the recipient, or a decision t.o t.ermlnaLlon In accorda.nce with paragr"ph 4. The Federal 6ponsoTlng agency shall allow all necessary and proper costs t.hat U,e recipient could not re"sonabl" avoid durIng t.he period of suspension provld~d that thp.y meet the provIsions 01 t.he applicable I"edera) cost principles, .. Federal sponsor I ng agencies shall pro- vide for tho "ysLematle settlement 01 ~er- mlnated grants or other agreements Includ- Ing t.be following: a. Termination lor cau.e,-The Fedeml sponsoring agency may reserve the rIght to terminate any gr"nt or other agreement In wbole or In part at any time bel ore the dale 01 completlon, whenever It 15 determined th"t the recIpient has fnlled to comply with the conditions 01 the agreement, The Federnl 5ponsorlng agency shall promptly notlly the recipient In wrIting 01 the determination and the reasons for the terminatIon, together wltb the e/Tectlve date, P""ments made to reclplcnts or recoveries by ti,e Federal spon- soring agencies under grants or other agree- ments terminated for CaUse "hall be In ac- cordance with the legal rights and liabilitIes 01 the parties. b. Termination lor convenicn<:e,-The Fed- cral sponsorlng o.gency or recipient may ter- mInate grants and other agreements In whole or In part. when both partIes agree that the continuation 01 the project would not pro- duce beneficial results commensurate with tbe further expendIture of funds, The two pMtles shallll.!!Tee upon the termination con- dItions, IncludIng the e/Tectl\'e d"te and. in the CllS(! of partIal terminations. the portIon to be terminated. The recipient shall not Incur ne'" obllgatlons lor the terminated por- tion alter t.he e/Teetive date, and shall can- cel as many outstandIng obllgatlons as 1'0&- "Ible, The Federal sponsoring agency shall all 0'" full credit to the recipient for the Federal share 01 the noncancellable obliga- tions, properl)' Incurred by the recipIent prior to termination, ATTACHMENT M,-CIRCULAR No, A-IIO STANDARD FORM rOR APPL TING FOR TClERAL ASSISTANCE' 1. This atta.chment promulgates a stand- IU"d lorm (SF 424) t.o be used by public and 'private Instltutlon.s of higher education. pUbliC and private hospItals and othtr quasl- public and private nonprofit organizations as a face "hee~ for applications when applyIng for Federal gr..nts under programs eo\'ered by Part 1, Attachment A, OM13 Crlcular No. A-95, In additIon, agencies are partlcull\r!" encouraged to etxend the use 01 SF 424 to common programs "1th Stl\te and local go"- ernments where this form Is now required by FMC 14-7, 2, The SF 424 may also be \,sed. on an op- tIonal basIs. to fulfill the requIrements of OMB CIrcular A-9S lor a notlncatlon 01 In- tent. from applicant to clearing-houses. thn.t Pederal assIstance "ill be applIed lor. Locnl or State clearinghouse procedures will govern the use 01 the lorm lor this purpose. 3, The standard form wlll also be used 1)\' Federal agencies to repon to the clearing: houses on mnjor actions ta~:en on "!,pllcn. tlons revIewed by clearInghouses In accQrd- ance wi th OMB Circular A-95. and Lo noLlI\' States 01 grants-In-aid awarded In accord" nnce ,,"'Ith Treo.sur)' Circular 10B2, I I Office of Management and Budget Circular A-110 (7/30/76) A-110:16 OIolB Appronl No. ~u. o I'REAPI'LlCATlON o ""I'UCA TlOH o HOTlFICATIOl( Of IKTIJ(T ('()pt.) o RU'ORT Of rrOEAAl ACTIOH L M'PlI, CANT'~ APPlI- eA T 10M a, II\IW BER a. IIV>I BU 19 1. STATY ~Uc-..... nON ID[HTl- P'1[ft ~. DA Tt ASSICHEO 1...... ........l'-- do,. FEDERAL ASSISTANCE 1. TYPE 0' ACTION (.11I_.". '-.~ ...) ~, OAT{ r ..,. ___~ ..... 19 L,.., lfto ~l 4. LEGAL APPLICANT/RECIPIENT ~. '~DeRAL r:"'PLOYfl\ tDf:tfTlf'ICA TlON NO. .. ,A.ppliunl Nt'""' : ~ , Or,lniutio" UI'IH .. c. 51.-.(/P.D. Il<u : d, City : .. 6ow.ty : f. 3lrif : I. ZIP Coda: 6- PRO, GRAM a, HUWBER b. TlTU I I \. I I 1 I h. ~nuol fonoo (No_ A tf'kJ"l',I.,(H'tf ND.) : 7. TITLE AND DESCRIM'ION 0' APPLlCANra PROJIiCT ( Fro"," "0<1.....1 CDlolo.., .. ~ ~ .. ~ ~ ! ~ g 6. TYP[ or Io.-$tah ~11li'tnt.J\4 C-Subs\.al. Oirtrtd ~nty E-CI., . r - ~ool Olrote! ~r:;ll~ """"",, ,..,.PLIOA,.".,F1rCIf>IENT H-Corn,.,u"ftr Ac1IO-' ~ .... ~ H1rher (duulionl1 tN1Hulion J- '''diul Trlbt I;-OIhw (S,..rl(vl: K",l#f' .,..,.....".,...;.ott I..ftl'f"O ~ TYPE OP' MSISTMIC[ J-....:&.,Ic c,....t [)....hn",..u. &-Iu~h--"t.i tnM. '~h.r C-lC'*II 6...tn G7'~ ITJ ,..-io t. lo' /.n ( .) 10. AREA 0' PROJecT IMPACT lNe_.. <>1 ~. .......!Wo. S....... ....) 11. ESTIMA7e9 ,..tm- B ER or rtl'UO NS ErIt.N [FITI N G 12. TYPE or APPUCATION ~_ C-R...il~ l.........,Moe.t'l\.lUon ....Ihr'l.....I ~..\i"u.atlo<< 0 Eftt.n 61'P'T"O~t. l.u...-r I, FIDERI\L S b, ~PLlCAl(T I c, STATE t. LOCAL .00 ' a. AP'UCAHT .. , ftC/rei' 115. TYPE or CHANGE (Fvr 11< ... U.) A-lnt"...... Dottan F-OU"ar (Spfldfy): ~.c""" D.B," C-1"ef'M'" Ou,..tttQ\ O-OKl..... O.",UOfl [....ca~H.tio- 11. P~EO fUNOIN6 l~. CONGRESstoNAL DISTRtCT~ 01': .De .00 , 11. I'1'lOJECT DURATION N01'Itkl Y'.or- ~ d.ay ~ .t{,:~(.) ere] 19. EXISTING fEDERAL IDENTIFICATION NUMBER t. OTHEft .00 a. b...~~Er_rS~ dc.7 19 .00 la. ~r~~JPTT~'6T\JO .00 'EOERAL AGENCY ~ 19 RECEIVE REOU~T (N_. CU__ 11_ Ul' ~ /21. REMARKS ADDED o 'I'M 0 No I. TOTI\L : 20. 'EDERAL AGENCY "TO n. ~ 5 "THE ;:: APPLICANT ~ CERTlf'tES V i THAT .. 11 I. 1. lh. best .-( my knowled,. Il'Id "'I~. d.h i", thi. ~~itlIlDll/aP9Iic..aU~ .,. k'u. ..ul cortMl. ",-, cSoe~u"I."1 h, ~ ou+r authorileod ~ tJrt. fO'Y'eof1\ir'lE bodt e( ttu 'pQlic..ar'l1 'nd b" lpplic..aat ...ill """1'b ..-lth 'h. ,....eMe MIoW1IW. U u.. attJ...... ,n.. lot .Dpnrr"'::;. ~. H '.0"",," by OM8 ei~uJI( ,1,.-95 tftn Ic:rpfit..tioll\ ..., ~ln-.G. pur~..."t ki j". .weliona liI......ln. tc 'ppro()rial' ,INrI",,,,,,,,,, .,,~ .f! r_pofU~ In .tb.eA..d; ""01"- .".,..... R_y.ft"""'. atL.6.G^-ed 11) I2l , (31 o o o o o o ~ Z3. a. TYPED KA.\I! AIID TITU ~. 1I11HAT\JRE L DATE SIQltlD CERTIFYINGj )'_r ........u. o...,y. ~ REPRE. t:: SENTATIVE , 19 ~ >4. AgENCY NAME ,zs. APPLICA, }'-- --.lJ.. .... TION RECENED 19 26. ORGANIZATIO"""-L UNIT 1.7. AOMINIST~TIV[ O,nC[ 2r.. rEDERAL APPLICATION ~ IDENTIFICATION ~ 2:!l. ADDRESS I~' P'EDERAL ORANT ~ tOENTIFICATION ~ 31. ACTION "TAKEN lL FUNDrN<: )"- ........... ..." I >4. }'_r -"'^ .... i I : I :no "ARnNG 0 I. AWAAOED a, r!D[AA:. .00 M:TION DATf: ~ 19 DATE 19 .. 0 ~. RU( CT ED APri. tCAHf I .00 v ~T.a.cT ,0/\ ACOlnONAL tH~~IoCA, l6- Y_r .......v.. .... Q ~ , I; I lON (H...... o.....J '-6pit..c-tu ....."".."") [NDING 1 o l, "E1\I1l If( 0 1'0 ~ t, SlAT( .00 DATE 19 ""olE!i[)l,:urr t, LOM, ! .00 37. REMARKS ADDED ~ 0 (, DEn!AAro a, Dl'He~ ! .00 ~ o a, WI TM 0 IVIWff l. TOT N. I s .00 o Y.l ONo .. '\ I 3ll. 'EOERAL AG. EtotCy A-95 ACTlON I .. I", blrlnl ....... .eno.... .",.. OOfJlm4lftU PMerv..d tn..... d...nnrhoouMS ....,. ~'I ~, ..id.t... If "'Jlflcr tti:'Oll'" I. d.. .lIIl1el ~...... _ fH1, 1..0W8 C&reuJar ,A...-96. lit ..... ..... .,. III ~ .a.d.. '[DERN. AGENCY >-9' OFTICII\L 'Na.nu ....d kl4p.A.o.w -.0.) I ~ Office of Management and Budget Circular A.110 (7/30/76) A-110:17 SECTlON IV-REMARKS (Plecue referenu tM pt'"~r item n"mbN" from Sutic-tu I, II <>1' Ill, if appli=bu) '\ STANDARD FORM 424 Pf,GE 2 (lO-r) I 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). ^PPUCNIT PROCEDL;RES FOR SECTION Applicant will complete all items in Section I. If an Item Is not appliC2lble. ....me "NA". If lJdditional space is needed. insert an asterisk ...... and use the remarks 5eCtion on the back of the fonn. Iv! explanation follows fOf' each item: Item 1. Mal1l appropriate box. Pre-8ppllcatlQn 8nd appllCZl- tion guidance is in FMC 74-7 and Fedeflll 8gency program innructiom. Notlf\Clltion of intent RUid. ance is in Circular A-95 procedures from clear- inghouR. Appltcant will not use "Report of Federal Action" bol(o 2a. Applicant's own control numb-cr, If desired. 2b. Ollte SectIon I Is prepllred. 311. Number eSlIigned by State clearinghouse, or 11 dole- gated by State. by 8reawide clearinghouse. AI' ~ quests to Fedellllagencic must c:onbJin this identi- fier H' the progfllm is covered by Cin:ul8r A-95 and required by applicable' State/areawide clearing- house procedures. If in doubt. consult your clear. inghouse. 3b. Dete 8pplicant notJfiad of cleoringhouse ld:mtifier. 4&-4h. Legal n8me of 8ppliCl!nt/r=lplent, neme of primal)' organiutiOO81 unit ..tlich will undcrt2lke the assist- ance activity, comp:::te edd= of 8ppliCZlnt. end name and tolephone number of pe~on who am pc-o- vide further infonnetion Ilbout this request. 5. Employer identification number of 8ppficant as as- signed by Internal RevonlHl ServIce. 00. Us.e Catlllog of Fodera! Domestic Assistance num- ber assigned to progrnm under which aS3istance is requested. If morn than one progfllm (e.g.. }oint- funding) write "multiple" and explain in ",maria. If unknown, cite Public lZlwor U.S. Co<M!. 6b. Program tltkl from Fedora I Cdalog_ AbbrtMlrte If necessary. 7. Brief title and epproprilrte d~ript)on of project. For notificz:tion of intent. continue in rem!lrits sec- tion if necessary to convey proper description. 8. Mostly self-(:T.planatory. "City" includes town. town- ship or other municipality. 9. Check the type(s) of a:sistl!nce requested. The definitions of the terms are: A. B:lsic Grnnt. An original request for Federal funds. This would not include any contribution provided under a supplemental gn.nt. B. Supplemental Grant. ^ request to increase a b8sic grant in cerUlin cases where the eligible Ilpplicant cannot supply the required matching share of the basic Foderal program (c. g.. gn.nts awardad by the Appalachian R~ional Commis- sion to provide the applicant a ITl8tching share). C. loan. Self explanatory. 14a. 14b. 15. Item 10. D. lnsufllnce. Seff expl8natol)'. E. Oth er. Expift i n 00 rnffia rks page. GoYemmenbll' unit whem aigniflQlnt IInd meening- ful impact could be observed. li&t only largest unit Of' unit:s llffected, such as SOrte, county, or city. If entirn unit 81fccted, list it rather than subunits. 11. Eaimllted number of ~s directly benefiting from proj<<:L 12. Use appropriDte code letter. Definitions lire: A. New. A submittlll for the finst time for II new pro;cct. 13. B. Renewal. Iv! extens>on for an additional funding/ budget period for II project having no projected complctlon dwte. but for which Federal support must be reoewtld _ch ~r. C. Revision. A modification to profect nllture or SCX>p!l which mil)' result ift funding change (in. ~se Of' Oecnul se). D. Continuation. Iv! extension for an eddltlonal fundi nn/txJdee't period for a pro}ec:t th 0 8 go n C)' initill/iy agreed to fund fOf' a definite number of )'flll r5. E. Augmontzrtion. A requirement for 8dditionlll funds for a project previously awarded funds in the same funding/budget period. Pro;ect nature and scope unchanged. A.'1lount requested or to be con'tributad during. the first funding/budget pl:lriod by Bach contributbr. V81ue of in-kind Contributions will be Included. If the action is a chllng-e in dollar 8mount of IIn exist. ing grant (a revision or augmenbrtion). indicate only the amount of the change. For decrea~ en. close the amount in parentheses. If both basic and &Uppl~Tlental 8moUnt:s are included. breakout in remllrla. For multiple proeram funding, use totals and show prognlm brenkouts in remarks. Item defi. nitions: 13.2., amount requested:from Federal Gov. ernment; 13b. amount applicant will contribute; 13c, amount from State. if appltcant is not a St2lte; 13d, amount from local government if applicant is not a local government 13e, amount from any other soun:es. explain in remaoo. ~ explanatory. The distnct(s) where most of actual worll will be accomplished. If city-wide or Stzltto-wide, covering several districU. ....me "city-wide" or "State.wide." CompH:te only for revisions [rtem 12c). or augmen. tzrtions (item 12e). STN'lDt\RD FORM 424 PAGE 3 (10-75) I I Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Item 16. Approximate dale project expecte-d to begin (usuelly associatMJ wilh estimated dale of availability of funding). Estimated numbi!r of months to complete project llfter Federal funds are available. Item 19. Existing Federal Identification number If this I. not a new reQuelt and directty relales to e prevlou. Federnl action, Otherwise write "NA". IndicB1e Federal agency to which thIS requ...t I. addressed, Str~t addre!! not required, but do Use ZIP. 17. 18. Estimated date preapplication/appllcation will ~ submitted to Federal agency If this project requires clearinllhou~ review. It review not required, this date would usually ~ IBm'll u date in Item 2b. 20. 21. Check appropriate box as to whether Section IV of form contains remMks and/or additional remarks are attactlod. APPLICANT PROCEDURES FOR SECTION II AppllCBnts will always complete Items 23a, 23b, and 23c. If clearinghouse review Is required, Item 22b must be fully com. pleted. An explanation followz for each item: Item 23.a. 22b. U~t clearinghouse!. to which submlt1ed and show In appropriate blocl-~ the statu. of their responses. For more then three clcaringhouses, continue In remaoo section. All wntten comments wbmlt1ed by or through clcarinE'lOusec must be attllched. Name llnd tille of lluthorized representative of legal llppliCllnt. 'tern 23b. Self explanatory, 23c. Self explanatory. Note: Applicant complete. only Section. I and II. S&ctlon III is completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III If appUCBnt-suppli&d information in Sections I and II n&eOs no updating or adjustment to fit the final Federal action, the Fedel"Zll agency will complete Section III only. An explanation. for each Item follows: ttem 24. 25. 215. 27. 28. 29. 30. 31. 32. 33. 34, Ex&cutive department or Independent agency having program administra,tion respon~lbility. Setf e.xpla natory. Primary o'Fllnizatlonal unit below department level having direct program manllgement responsibility. Office directly monitoring the progl"Zlm. Uu to Identity non.award actions where Felderal grant identifier in item 30 Is not applicable or will not 5UfTIce. Complete addr= of administering office shown In Item 26. Use to identity award actions where different from Federal application identifier In item 28. ~If explanlltory, Use remaoo section to amplify where appropriate, Amount to bi! contributed during the fIrst funding/ budget period by each contributor. Value of in. kind contribution. will b'J included. It the action is e chllnge in dollar amount of an existin;; grant (8 revi. sion or augmentation). indicate only the amount of change. For decrease~. enclose the amount in pa. rentheses. If both basic and supplemental amount. are included, brea~C'ut in remaoo. For multip~ pro. grnm funding, use totals anc show progrnm brell':' outs in """arl-.5, Item de:'initions: 32a, amount awarded by Fede,al Government: 32b, amount a;,. plicant will contribute: 32c. a...ount from State. if applicant is not 8 Stllte; 32d, amount from Icy...al govemme"t if appliCBnt is not 8 local government; 32e. amount from any othllf sources. explain in rema rl-.5, Dete iictlon was taken on this roquesl. Dllte funds willl:>ecome aveilable. Hem 35. Name and telephone no. of agency person who ~n provide more infonTIation resarding this assistance. Date after which fund. will no longer be available. Check appropriate box a5 to whether Section IV of form contains Federal remerKs and/or attllchment of additional remerks. For use with A-95 action notices only. Name and telephone o~ person who can assure that appropri. ate A-95 action has been taken-If same as person shown in Item 35, write "same". It not applicable, write "NA". 36. 37. 38. Federal Agency Procedures-special considerations A. Trellsury Circu/llr lOS2 compliance, Federal age-ncy will assure proper completion of Sections I and II I. If Sectio;) I is bi!ing completed by Federal agency, all applicable items must be filled in. Addresses of State Information Recep. tlon Agencies (SCIRA's) are provided by Trc.asury [X)part. ment to each agency. This form replaces SF 240, which will no longer be used. B. OMB Circular A-95 comp/illnce, Federal agency will as. sure proper completion of Sections I; II, and III. This form is required for notifying all reviewing cleerinshouses of major llctlons on all programs reviewed u:1Cler A-95, Addresses of Slllte and areawide clearinghouses ar~ pro, vided by OMS to each agency. Substantive differences betwe€n applicant.s req~st and/or clearinghouse recom' mendations. and the project as finally awarded will bi! explained in A-95 notifications to clc::ringhouses, C. Speciel nole. In mo~. but not all Stotes. the A-95 Stat~ clearinghouse llnd the (TC 1 OS::?' SCIRA ue the same office, I n such Cllses, the 1--.-95 8wnrd notice to the State clearinghouse will fulfill th~ TC 1082 a\'(;!l rd notice re' Quiremcnt to the State SCI RA, Duplicate notification should be avoided. STANDARD FORM 424 P/\GE 4 (10-75) I Office of Management and Budget Circular A.110 (7/30/76) 'ATTACHMENT N,--CIRCl1LAR No, A-IIO PROPERTY MANAGEMENT STANDARDS L Thls attachment prescribes uniform standards governIng management of prop- erty furnIshed by the Federal Government or whose cost WRS charged to a project sup- pOrl,cd by a Federal grant or other a!,reement, Federal sponsorIng agencIes shall requIre re- clplenLs to observe these sta.ndards under grants and other agreements and shnll not Impo.e addItIonal requIrements unless spe- elllcally required by Federal law, Thc recIpI- ent mo.}' use Its own property manl'(':ement standards and procedures provided It observes the prol'lslons of thIs attachment, This at- tftchment also applies Lo subreclplents as referred to In parngraph 5 of the basic cir- cular. 2. The followIng dellnltlons apply for the purpose of thls l\ttaehment: ft, Ileal prCfpcrly,-{I""al pToperty means Iftnd. Including land Improvement.s, struc- tures and appur\.cnlUlces thereto, but ex- cluding movable machlneT}' and eqUipment. b, Pcrsonal pr()perty,-Per.;onal propeny of any kind except real property. It may be tangible-having phYSical eXlstence, or Intan- gible-having no physical exIstence, such as patents, Inventions and copyrIghts, c, Nonezpendablc pcr30nal prCfperty,-Non- expendablc personal property means tangIble personal .property h'H'lng a useful life of more than one year and an acqUisItion cost of t300 or more per unIt exempt that recIp- Ients subject to Cost Accounting Standards Board regulatIons may use the CASB stand- ard of r.500 per unIt and useful l11e of two years. A recIpient may use Its own definItIon of nonexpcndable personal prCfpcrty provIded that the definltJon would at least InclUde all tangIble personal property as defined abovc. d. Ezpend<rble personal properry,-Expend- able personal property relers to all tangible personal property other than nonexpendable propert)'. e. E:u:es3 propcrty.-Excess property mcans propert)' under the control of aD}' Federal agenc)' that. as determined bv the head thereof. Is no longer required f~r Its needs or the dIscharge of Its responsibilItIes, 1. Acquisition cost of purchased ncnc.:r- pcruiablc perS07lal prC>pcrtY,-Acqulsltlon cost 0: an Item of purchnsed nonexpendable per- so"al property means the net Invoice unIt prIce Of the propert)' IncludIng the cost of modificatIons, attachments, aece~sorlcs or auxUlar)' "ppttro.tus n~cssary to make' the propert)' Uso.ble for the purpose for which It was acquired. Other ehaq'es such as the cost of Installation, transportation. taxes. dut)' or protect!\'e In-transit Insurance. shall be Ineluded.or excluded trom the unit acquisI- tion cost In accordance with the reclplent.s regular aeeoun tlng practIces, b' Exempt prC>pcrty,-Exempt property means tangible per~onal property acquired In whole Or In' part ""Ith Fedcral funds. and title to whIch L5 vested In the recipIent. wJth- out lurther obllgntlon to the Federal Govern- men:. except as pro"lded In subparagraph 6a be10...., Such unconditional vesting or title wUI be pursuftnt to an)' Federol legislatIon that pro"ldes the Fedeml sponsorll1l; agency with n.dcqu:Lte nuthorJtv. 3, Real propcrtY,-Each Federal sporosorlng agency shall prescribe requlrement.5 for re- CIpients conCernIng the use nnd dIsposItIon 0: real property acquired pRrtly or whoJjy unacr grnnts or otl)cr ngrccn1cnts. Unjcs.s ot~1crw1se pro\'Jded by stnLutc. such rcquJrc- nH'nts. as R r.:1JninHlfl1, ~hnJl co:~t..!1ln the :':>llo,,"'lnl;: R, TILle to real property shall vest In the recipient sUbJee:. lO the condition that the reCIpient shnll use the renl property 10: the nuthorlzed purpose of the proJeel,'';s long as I:. Is needed, b, The recipient shall obtain approval by the Federal spon=rlng ll/:ency for lhe u-"e of renl propert)' in olher projects ...'hen the re- cipient determines that tlle property Is no lon(;er needed for the purpose of the Orlhlnftl proJect. Use In olher projects shall be limited to th""" under other federaJly sponsored proJ- ects (Le.. granL5 or other ar,reements) or pro- grnITlS that have purposes consl~l.cnt wJth tho"" nuthorl:1,cd for support by the }"t,deral sponsorIng ,,!,eney. c. When the real property Is no lon!:er needed as provided In a and b above. the recipient shall request disposition Instrue- tlon.5 from the Federal sponsorinG n!:enC}' or Its iucccs50r Federal 1;J){)1l50rl nr: nJ~Cllr:r. The Federal spon50rlnc a{!ency shftlJ observe the follOWIng rules In the disposition Instruc- tions: (I) The recIpient may be permitted to re- tain title n.!\.cr It compensates the Pederal Government In Iln amount compu\.cd by ap- plylnc tbe Federnl percentaGe ot pttrtlclpa- tlon In the cost of the orl{:lnal project to the fair market value of the property. (2) The recipient may be dIrected to sell the propert)' under guidelines provIded by the Federal sponsorIng aGency and pay the Fe:leral Government an amount computed by applying the FeOeraJ percentage of par- ticIpation In the cost of the orlg1nal project to tbe proceeds lrom Sl\Je (Illter deducting actual nnd reasonable selling aDd lix-up ex- penses. It an}'. from tbe slUes proceeds). When tbe recipient Is authorl?.cd or required to sell the property, proper &nles procedures sball be established tha.t provide for competi- tion to the extent pra.ctlcable aDd result In the highest possible return. (3) The recipient may be dIrected to trans- ler title to the property to tbe Federal Gov- ernment provIded tbat ID such cases the reclplcnt shall be entitled to compensation compul.cd by applyIng the reelplent.s per- centage of participatIon In the cost Of the program or project to the current. faJr market value of the property. ~. Fcc1eraly-olDn.ca non.cxpendabLc pCT30nal propcrty,-Tltle to federally-owned property remains vested In the Fe:!eral Government. Reclplcnts shall submIt annuall)' an Inven- tory listing ot federally-owned property In thel: custody to the Federal sponsoring agency, Upon completIon of the ngrcement or wben tbe property Is DO longer needed. the recipient shall report the property to the Federal sponsorIng agency for furtbcr agene)' utl1l7.atlon, 11 the Federal spoDsorlng agcncy bas no further need for the property, It shall be declare:! excess and rcporl.cd to the GeneraJ Sen'lees AdmlnlsLrtlon, Approprlal.c dlspo~l- tlon Jn5tructlons ....m be Issued to the re- Cipient afl.er completion of the FederaJ acenc)' revle.... 5, Exempt property,-When StAtutory au- thOrity eXists. (e.(':.. P.L. 85-93-\., 42 U .s.C. 1892) title to nonexpendable person..l prop- erty acquirc:! "''1th project funds. shall be vesLe::1 in the recipient upon AcquisItion un- less It Is determined that to do so Is not In furtherance of the objectives of the Federal -"ponsonng aeency, When tItle Is ves\.c:! In the reclplcnt. the recipient shall have no other obll(':Atlon or nccountablllty Lo the FederAl Government for Its use or dlspOfil- tlon exeept as provided In Ga below. G, Other none=peruiable properIy,-When othcr nonexpenduble tanGible personal pror- erty Is acquired by a reCipient with project fund., title shall not be tnkcn b). the Fe::- cr.') C'rQ\C"rnn'lC'n: but ~hAIl 'r("st. In the- re- cipient -"ubJe-c:. ).0 the follo",ln/: conditions: a, Right '0 Ircn.'fcr til/c.-For Items of nonexpcndnble per~onal propcrty havln(': l\ unit Rcqulsltlon cost of ~I.OOO or more. the Federal 5ponsorlnl; ngency mRY rc:=;crvc the rlgh 1 Lo tmnsfe: the tI tie to the FedernJ I A-110:20 Government or to a third party named by the Jo'cdCTI\I Government when ~uch third party Is otherwise eli(':llJle under existing sL"tutes. Such reservation shall be subject to the followlnr: sLandards: (I) The property shall be appropriately hlentlfie.:1 In the grallt or other agrcement or other.'lse made known to the recJplent In ",ntlll!;, (2) The Pederal Bpon."Orlng agency shnll Issue dlsposl tlon In.5trucllolls wi thIn 120 cal- cntJn.r dnys nflcr the end of the Federal SlIp- port of the project for ...'hlch It was nequlred, If the Fedcrnl sponsoring a(':ency IRlls to 16.5ue dlr.po"ILlon IlIstruetlons wlthlll the 120 cRI- enelnr d..y period. the reclplcnt shnll apply the sl.nndards of subparagraphs Gb alld Gc ns l\pproprIR\.c. .. (3) When the Federal sponsorlnr; a(':eney exercises Its rIght to take title, the personal property shall be subject 10 the provisions lur federaJlY-<lwned nonexpendable property dISCUs."Cd In paragrnph 4. above, (4) Whe.n title 15 transferred either to the FeOernl Oovenunent or to a third pftrty the provisions of subparagrRph (Ie (2) (b) should be loll owed, b. U3C of other tanvible nonezpcndalJle property jor which the reci]};cnt ha., tItle, (I) The recipient shllIJ w;c the property In the project or program lor which I twas acquired as 'long "" needed. whcther or not the project or prohram con tlnucs to be sup- ported by Federal funds. \Vben no longer ncoded for the orIginal pro)ect or program, the recipient shaJl use the property In con- nection wIth Its other federnlly nponsorcd activities. In the loll owing order of priority: (a) Activities, In tbe followlnc order of priori ty: (b) ActivIties sponsored by other Federal nrrenclcs. (2) Shared U3e,-Durlng tbe time that nonexempt Donexpendable perwnal proper- ty Is held for use on the project or program for which It was acquired, the recIpient sbnll make It Rvallable lor use on other proJ- ects or prolOrnms If such other use will not Interfere wIth the work on the project or progratn lor wblch the property ......s orlgl- naJly a<>qulred. Plrst preference for such other use shaJl be given to other projects or proEn""ffiS sponsored by ,the Federal Ilgeney that financed the property: second preter- eDce shall be given to projects or programs sponsored by othcr Federal ngeneles, If the propcrty ls owned by the Pederal Govern- ment. use on other actlvltl"" DOt sponsored by t.he Fedcral QQvernment shall be per- mIssible II authorized by the Federal agency, User cha.rgcs should be considered 11 appro- prla I.e. c. Dupo.rition of other noncrpcrui!,ble p7'opcrty,-Wben tbe recipIent no longer needs tbe propert). as provided In 6b above, the property may be used for other actl?l- LIes In accordance wltb the follOwing stand- !\Tdr. : (I) Noncrpend<rble p7'opcrty with a unit acqui.,it;on C031 of less than Sl,OOO,-TI1e re- cipient may use the property lor other Ilctlvl- ties ",1thout reImbursement t.o the Federal Government or sell the property and re- tnln the proceeds, (2) Noncrpcnaablc personal p7'oper(y with a unit acqui.sition cost 0/31,000 or mor-c.- TI,e recipient mn}. retain the property for other uses provided thRt conlpcnsntlon is made to the orl[::1 n..1 Fedcml sponsorl n(': figcncy or ILs successor. The amount of com- pcnMlIon shnll be computed by nppl~'lnl; the perrenl'''be of F'Nlernl plU'tlclr5:IClIl In thr co..c;t of the origlnf\) project or prol;'rnrn t.o the currcnt fair markct value of the propert~', If the reclplcnt has no nced for the properly nnd the prOpcrL)' has further use value. the Tcclplcnt ShHJl rC<lue:;t dlspo.<;1tion InstTuc~ Uons from tile or.lg1unJ sponsoring ngcnc)'. I Office of Management and Budget Circular A-110 (7/30/76) The F'e<le",1 .pon.orlng Rgenc~' shall deter- mine whether the propert)' can be uHd to meet the agene)". requirements, If no re- quirement eXIs!... withIn that agency, the avallablllty 01 the property shall be report- ed to the General Services Administration by the Feoeralagen"y to determine ...'hether " requIrement lor the property exls!... In other Federal agencle., TIle Feder,,1 sponsorlnl; agency shall Issue 1I1.5tr\lcllons to the recipi- ent no Inter than 120 days alter the recipi- ent', requcst and the lollowlng procedures shall govern: (a) II so Instructed Or II dIsposition In- structions nre not Issued within 120 calen- onr unys nller the recipient'. rel/lIest. the recIpient shnll sell the property alld reim- burse the Federal aponsorlng agency an amount computed by applying to the sales proceeds the percentage 01 Federal partici- pation In the cost 01 the orIgInal project or progrnm, However. the recIpient shall be permlLted to deduct and retain lrom the Fed- eml share .100 or ten percent 01 the pro- ceeds, whlch"ver I. greater. lor the reCipient's selling and handling expenses, (b) It the recipient Ls Inf-tructed to 6hlp the property elsewhere. the reCipient shnll be reImbursed by the benefiting Federal agency ",'Ith an amount which Is computed by applying the percentage 01 the reclplent's participation ID the cost 01 the orlglnRI gmnt project or program to the current lair m"rket vn.lue of the propert).. plus any reasonable shipping or Intel1m stornge costs Incured. (c) If the recipient Is Instructed to other- wise dispose 01 the property. the recIpient sh,,1l be reimbursed b)' the Federal sponsor- Ing agency for .uch cosLs Incurred In Its d1.5posltlon. d. Propcrty manapemcnt .tandard. for nonerpendable property,-The recipient'. property management standards lor nonex- pend able personal property shall IDclude the lollowlng procedural requirements: (I) Propert). records shnll be maintained accuratelv and shall Include : (a) A cescrlptlon 01 the property, (b) Manulacturer's serial Dumber. model number. Federal stock number. national ~tock number. or other Identlncatlon num- ber. (c) Source of the property. IncludIng grr.nt or otheT agreement number. (d) Whether title vesLs In the recipient or the Federal GOv~ment. '(e) Acqul.ltloD d..te (or d"te received. If the property WI<!; 1urnl.hed by the Federal Government) "nd co.t, (I) PerceDtage (at the end ot the budget yeu) 01 Feder,,)" participation In the cost or the project or progr..m tor ""hlch the prop- erty ""85 acquired, (Not applicable to prop- ....t). lurnlshed by \he Federal QQvernment,) Ig) Loc..tlon. u"e "nd condItion of the property ..nd the da,te the Inlormatlon w..s 1.porte<!.. (h) Dnlt acqu\s:ltlon Cost, (I) Ultimate dl'posltlon datil, Including date 01 dhpo.aland ""Ies price or the method used to deLermlne CUrrt!nt falr me..rket YL)ue "..h~rc .. reclpl~nt compen:\&t.es the Federa.) "PonsOrlng asency lor Its .h"re (2) Property owned by the Tedcr..) QQv- ernment musl be muked to IndIcate Ted- oral ownershIp, (3) A physic,,] Inv.ntory or property shall be taken ..nd the results recoDclled ..'Ith the property recorm a. t lea..st once eVer~ two yeR.rs. Any d1nerenc~f, between Quo.nlltie$ de- termined by the physical Inspection and lhClse ..hown In the accounting records shall be lnvestlg"ted to determine the c..use. 01 the dltTerence, The recipient shall, In connec- tion wIth the In"entory, verity the existence. cunent utlll2.atlon, and cOlltlnued need lor the property, (4) A control ,,)..t..m .ha11 be In e:'foct to Inlurt R.dequn.t.e IH\1"f,unrd6 t.o pre,"{"n~ l~. damage. or th.a 01 tho property, Any 10", damage. or thelt 01 nonexpendn"le proprrtx .hall be Investigated nnd lulll' documented; It the propert)" Will owned hy the I'"ederal Government. the rerlplent .hall promplly nO- tlty the Federal 'p,>n.orlng agency, (5) AdeqUately maintenance procedure. shnll be Implemented to keep the properly In good condlllon, (6) Where the recipient Is IH.thorlud or required to sell the property. proper .ale. procedures shnll be eHabll.hed ",'hlch would provide tor competltlon to the extent pmctl- cable and rcsult In tho hIghest possIble re- turn, 7, EIpendnlJle per.,onnl property,-Tltl. to expendablo pef"onnl property shall ve.t In the reCipient upon acquisition, It there '10 a residual Invontory ot such property exceeding SI.000 In totnl aggregate laIr market value. upon termination or completion 01 the gr..nt or other agreement. and the property Is not needed lor nny other tederally spon.ored project or progTl\m. the recIpient .h..1l ret..ln the propert)' lor u..e on nonteuerally .pon- sored actlvltleo, or sell It, hut mu"t In elttrer ca.e, compensnte the Federal Government lor 1t.1i share. The amount 01 compensRtlon shnll be computed In the same m..nner l\S nonexpendable personal property. 8. Intangible property. a. Invention. and patent,,-ll an)' program produces patentable Items, patent rlgh!... proce"-.es. or Inventions, In the cours. 01 ",'ork .ponsored by the Federal Government. such fact shnll be promptly and lully report- ed to the Federal 6ponsorlng ngency. Dnless there Is a prior I\greement bet""een the re- cipient and the Federal sponsoring ngency on disposition 01 such Items. the rederal spon$Orlng agency shall determine whether protectlon on the Inventlon or discovery shnll be sought. The Federal sponsoring "gency will also determine how the rlghto In the In- vention or discovery-IncludIng rights under any patent L'lSlled thereon--;shnll be alloc..ted and admInistered In ord.. to protect the pub- lic IDterest CODslstent "'lth "QQvernment Patent Policy" (PresldeDt's Mcmorandum for Heads of Executive Departments and AgeDele.. August 23. 1971. and statement of Government Patent Policy as prInted In 36 F.R. 16889). b. Copyright.,-Except .... otherwl... pro- ,'Ided ID the term. "nd conditions 01 tbe agreemeDt. the a"thor or the recipient or"an- 17;l\tlon Is lree to copyrlr-ht any books. pub- IIcatlons.or other copyrightable malArl...Js developed ID the course of or under a r.d- eral agreement. but \he J"eder"] sponl>Orlng agenc)' shall reservo .. ro)'alty-!ree. noneX- clusive and Irrevocl\ble right to reproduce. publloh. or otherwise u... ..nd to ..uthorlae othors to use. the work for Government pur- p05eo, ArrAcHMu'T Q,--CncuLAa No. A-IIO "~OCUR.NrN'T BTAl"I'DAJ\D5 1. Thl. "ttachment provides .t..nd..rd. for use by' recipients In establlshln. procedure. lor the procurement 01 supplies. eqUIpment. construct.lon "nd. other service, \l.'Jth Tederal funds. TheJ~ 5ta.nd&rds Are rurnl"h~d to en~ sure th..t &\lch mat.erb.h And. servlc~" Are ob- ta.lneC 1n Ln e.:recttv~ m~nntT ....nd In com- pliance with the provision. 01 ..ppllc"'blc red- er..] I....., ..nd executive orders. No addltlon..1 procuroment st&ndards or requlremen\.< sh",1l be Imposed by the l'"edeTl<1 sponsoring aFen- cles upon reclplen1.6 unless speclOcal1)' re- quired by :rederal stntut.e or executive orders, 2, The standards contained In thl. att...ch- In.nt do not relieve the recipient of the con- tr..ctu..l responslbllltleo ..risIng under Its contra.cu. The reclp'ent 15 the rf'&pon~blt AU- thority. wlt.hout recour~e to the Federal spon- ~orlnr, "Bene)" rr-gnrolng the settlen1ent ~n(l &nUS:~f\C~20n o~ 1\.11 oontra.ctun.l nnd Pl.Cm1nu.- I A-110:21 tratlve .UUM "'hlng out 01 procurtment.1i enlered Into, In .upport 01 a .,.rRnt or other apeemollt, Thl. Inclllau dispute" 01 I'd m.,, protf":~tl oJ a,,'nrd, JlO\tr04' .,.,duf\tlon or othtr matte" of ft, contrnctul\l nl\turt:. :M.f\ttrTS con- crrnln. vlolntton 01 I"w RTf to be relerred to s..ch local, State or Tederal authority M may have proper }ur~IcHon, J. Reclplenta m"y uae their own procure- ment pollcleland proc"d\lrl\l, now. vcr. all... clplcnts .hall adhere to tho .tandards eet lorth In pnrngr..phl J And ~. a, The recipient .h..1I mnlntaln a eode or standl\Td.s 01 conduct th..t .hall govern the perlormance 01 I'" omce.., employCt<s or agent. enj;aged In the awnrdlng nnd admln- Istratlon 01 eontrl\ct.1i \I"lng l"ederal lund., No employee, omeer or agent shall pnrtlclpate In the .electlon. ......ard or admlnl.tratlon 01 a contr..ct In which P'eder..1 lundo are \..ed, ",'here, to hlo knowledge. he or his lmmedlf\te tamlly, partners. or orgl\nl"-atlon In ",'hlch he or hI. Immedl",te lamlly or partner h..." a nnnnClnl Inlere.t or ..'Ith whom h. Is neFo- tlatlng or hl\& anl' arranr,ement concerning pro.pectln employment. Th. reclplent.1i. 01- neers. employee. or agents .h,,1I neither .ollc- It nor aoo.pt grnt\lltl.... la\'ors or any thin" or monell\ry vf\lue from c.ontrf\ctor~ or poten- tIal contractors, :!>uch Itandnrds shall provide lor dl.clpllnary' nctlons to be "pplled lor ,'10- lations 01 s\lch standards hy the reclpleola' omcers, employee. or ,,!!enla. b. All procurement t.rAnBtictloTUl shlUl be conducted In a monn... \<) provide. to the ,maximum extent practical. opcn and lree competItion, The recipient should b. alert to Org1\nl",,,tionnJ conmcts 01 .nterest or noo- oomp..tltlH prRCtlce. ..mong oontrn.ctoTll th..t mny restr1ct CT ellrnlnf\te CO<npetlUon or ot7herW1..... restr-.l.. Ir...cle, In order to en- sure objeettTo contr8.Ctor pcr!OrIDn.nce and ellmlnl\t<> unlaJr eompetltlve advantn{!e, con- trn.cllors th'a t develop 0<" draJ't speclfica \.lo=, requlre-ments. rl.l\temente 01 work. Invlt.a- tlons tor bIds and/CT requC61.s lor propoo.al. sh'C'uld be excluded ll'Ol1l competlng lor Bucb procuremenls. Awnro. Ilh6lJ be ms.de to the bldd<:T 10lJ"er01" who.oe bld/on..- 18 r""'POn&lve to tho IoOllcllatJIon e.nd lot rD05t advlCntageotl8 to tM recl~t. price and othcr In.ctoTll con- sidered, Sollcltatto". &hell clearl,. oet forth ..11 requ1rementa that the bidder lot!en>r must !uUIII In order lor h~ bkI/olJ"er to be eT1>lu- "ted by tho re<:lplen~. Any and n.ll blct../otfers llU\y ~ N:jeote<l when It Ia In the re<:p1ent'. InlAr.., to clO 80, c. All reclpl~nls .."all e.st<\bllsh procure- ~nt procechJrel tb&t proTIOV tor. at a min- Imum, the followlll€ }>"OCedurA.!Tequlrements, (1) Proposed procur=>.,nt a.ctlon~ shall lollow a proc...ctu,.. to ~ure the avoldR"c. 01 pUrclla.6lng unn~y or <hIpllcatlve It.am&, "'here "ppropn..k. an an..l~... shall bo ~ 01 le""'-" "nd purch......., ...1\.e1'nRtl,..., 00 de\.ormlnc wh~h "''Quid be t.h<< moet oconoml('.a.l. practlca.l proc-urement,r(2) f.ollclta\loJU tor ~ooOe ILIld ~rvlces .h..11 be boue<l upon .. clear and ..ccurate d..cT"lptlon of t.ne ,ect1nlc..l requJrem.enls lcr the m..\4'rlal. ProdlK\ or ~Ice to be procured, Such .. d....r\?t.Ion sha.ll not, In corn.pet.lt1'r-e proeur.men\l, cont.aln fe.aturM which unduly restl1ct com.petltlon, "Brand T'lLmr or .QUAl" de5CT~t.k)Ju, m.a.y bot- u...c: ~ a me~nl to o.enne \.he perlormLno~ or at-her a.all~nt ,eQuJre:rnenb of a procuremrnt, Lnd when a.o \l1IIC'd thf' &p.elnC fef\t.ures 0: tht n",m..a i>....nd ....h.1ch mu.t be m"t by bldd.rs/ on-erors shLlI M cl....,-Ir op..ciOed, (3) Poslthe otTorts :>h..11 be mMIe by the recipient.' to utilize small buslneM aod mJ- norltv-owned busln.... sources 01 .\lpolle. and ~orvle.el, Such eflon.s .hould allow thet<<< s.ourc.. the maximum le......lble opportunity to compok for contrse\& utlllLlnf; J"wdeTfl.1 funo<<. (~) The t)'"pe 01 pr<xurln, IJUtrl.mentll used, ..1:" fiT-cd price OOD\,-,..c"" 00<1\ r.Lm- I Office of Management and Budget Circular A-110 (7/30/76) bur""ble contrae.ts, purchR-.<-C orders, Incen- tIVe contrncts, shall be det,crrnL'1ed by W1e rl'Clplent but must be nppruprlllte for the pRrtlOu!nr procurcrncnt a1ld [or pronlOUIlr,: the best Invcrl'lSt of the progrnnl Involvr.d. The "cost-plu.5-n-percentage-of-cost" meW,- od of con trn..ctlng shnll Ilot be used, (5) Contrnet.' shnl be mnde onl)' wIth re- sponsible con trn.cU>rs who p<X.;sct;6 the po- tentlonllJ nblllty to perform succe.;.<;fully under the t,cmlS "nd condItIons of II pro- posed procurement, Consldern.L1on shill 1 be gIven to such lllJ\.tt,crr. as cont.rnctor 11lte{;Tlty. rcoord of p/l.St pcrforrruulce, finnllclnJ IIlld lCChnlonl rc..'K>urcc.~ or n.cq~;31blllty to ot.her nccc:;;sru-y rCSOUj('.oCS. (6) All propo,;ed sole source COil tract., or whrre only one bId or propo:;nJ l.S re-cclvcd In which the '4:r:rCj:nte expenditure 13 ex- r=tcd 1.0 exceed f..5,OOO shnll be subject to PTlor n.pprovnl nt the dlscretl"" of !.he Fed- ern.l sponsorl ng lL{!CIlCY. (7) Some form of prIce or COGt annlysLs 6hould be mnde In connection wIth every procurement neWOll, Prlc(' nnnlys16 TTllIY be accomplished In vnrlous wnY3, IncludIng the comparIson of prIce quotnWons submItted, mnrket prIces ll.nd slmllllr IndIcIa. together wlt.h dJ5COunts. C<x;t annl)'EIs Is the review IInd evaluntlon of ench clement of eo,;.t tQ detcnnlne ronsonablencs:;. alloca.blllty and allowabUlty, (8) ProouTement record1; ILnd file<; for pur- C1HLSCS In eX'CeoSS of .10,000 r.hall Include the follo"'Jng: (Il) Basis for contractor selection; (b) JU6tlflclltlon for lack of competItion ,,'hen compcwtlve bJds or oflers e:e not obtaIned.; (c) Ba.sls for "....ani cost or prIce, (9) A system tor contract adm1nlstrotlon ahall b(, malnto.Jned tQ ensure contractor conformance \\.tth terms. condItions nnd 6peclflcatlons or the contrect, and to ensure &llequ"te Ilnd timely followup or all pur- chascs. ' ~, The recLplent shall Include. In addItIon tQ provIsIons to define a sound Pond complete . agreement, the toll owing prov1s10ns In all contracts, These provIsIons shall Il)so be ep: plled tosut>=ntrll.cts, II, Contracts In excess of 1o10,000 sh1l.l1 con- t.a~n contna.ctual provisions 0:- cond~tJons that ,,'J)I 1I1Io'" for ILdJnJnlstrntlve, contrac- :;Up,] or legal remcdJes In Instances In ""hIe') contractors l"Jolatc or brench contrac".. tenns, and provide for such remedIal actions as m..,y b(, approprln.t.c, b, All contrncts In excess of ~IO,OOO shrdl contn1n sult..o.ble pro\'islons for t.c:-mJnn.Uon by the rectplent Including I.he mnnner by "'hlch tcrmJnatlon wlli b(, encctcd and the bt<sLs for settlement, In nddltlon, suc.., ror,- tra.cts shall describe condItions under ,,'hleh the oonLrll<:t TnAY be termInated for dc1ault a.:; wcU as ('.Qnul tlons where the contrf\.Ct. nUl}' lHo Lerrn.J Ilnlrc b<"C11.1I~C of CIT'CUlllSlHnc~ be- yond the control of UH~ (XJIlt.rRctor. c. In a.iI ront.rn.cts for con~tructlon or fI~. c.Hit \' 1rnpro\'crncn t 8 'u,:a.rded for rnorc thnn S-](Xl',OOU, rN:lplenll; slll1,lJ oUst'n'e t.he oolld- lng T'Cqulrements prOVIded In ALt"clunent D to this cIrcular, d. All conLrnct., a"'nrcled by reclplcnt.' nnd thelr oontrlLCl..or.5 or subgT1\nt.e~ hlLving 8. vnllle of more thnn ~IO,OOO, sh rLl 1 conteLln a pro\'lslon requlrulg oompltnncc ,,1t,h Exccu- tl ve Order 11246. entl tied "Eq ua] F..mploy- ment Opportunity." n, amended by Execullve Order 1 1375, nnd 1\5 supplemented III Depart- ment of Lnbor rcgulntlons 141 CFR, l'nrt 60), c. All contracts nnd suhhrnnl..'5 In excess of 32,000 JOT construction or rcpnlr lJ.wnrded hy rcclricnLs Rnd subrcc1r1cn'L<-; shnll iucl\ldc n provifilon lor cornpllnncc with lhe Copelnnd "Anti-Kick nack" Act (18 U,::;,C, 874) ..., supplemented In Department 01 Labor regulntlons (29 CFR Pnrt 3), This Act pro- VIdes that each contractor or ,ubgrnntee shall be prolllblted trom Inducing. by nn)' means. an)' person employed In the cOllstruc- tlon. complellon. or repair of public worl:, to gl ve up an)' part of the compensation to "'hlch he Is other,,'lse entItled, The recIpient sllnll reporL rdl suspected or reported \'Iola- tlons to the Federal 'ponsorlllg agency. L When required by the Federal pror-ram legl61lltlon. a]1 construction contracts a....nrded by the reCipients ...nd subreclplents Of more than ~2.000 shall Include a pro\'lslon lor compliance "'Ith the DnvLs-Bacon Act (40 U.S,C. 276a tQ "-7) IInd ns supplemen'l.cd by ))epllrtment or Labor re!;ulatlons (2B CPR. Pllrt 5). Under thIs Act contractors shall be required to PBY ".ages to laborers and me- chanics at a rate not less than the minimum ,,'ages specUled In a wage determInation made by .the Secretary of Labor. In additIon, con- tractor.; shall b(, required to pny wages not less than once a week.. The recIpient shnll place Il copy of the current prevnlllng wnge determination Issued by the Department of Lnbor In each solicItatIon and the a"'llrd Of " contra.ct shall be condl,tloned upon the acceptance Of the "'abe determination, The recipIent shall report a.ll suspected or re- ported violatIons to the Federal sponsoring agency, !;, Where applicable, IlII contracts awarded by recIpients In excess or ~,2.000 for construc- tlcn con.....rft.CL~ nnd In eXceE:5 01 t.2.500 :or other contracts that. 1 n't'ol\'e the employment of mcchanJc~ or laborers. shall InclUde a prc- \'Islon lor compllnnce ....Ith sectIons l03 and 10i or the Contract \Vork Hours RDd Safety Scandnrds Act (~O U,S.C, 3~7-330) as sup- plemented by Departmen.c 0: LAbor regula- I A-110:22 tlons (29 CFR, Part 5), Under ~ectlon 103 or the Act. eneh conlrnclor sh:\Jl he re~ q\ltr~d t.o rOlllputc the \I.'f\~CS of ('\'cry In('- clwnlc RJ\d lnburcr nn the basis of f\ st.andnrd work <iHY of f. IlOUr.;; nnd n folf\llctnrd work week of 40 hours. \\lork 1n cxc(',ss of the slandnrd ~'orkdny or workweek 1.c; pcrnlls..sllJle pro\'lded lhl\.t. t.he .....orker 15 COlllpCIl~nted nt n rnl.c of not less thnn ) ~'2 Urnes the unsle ralC' of pey for RlI hO\lrs .....orted in excess of fl hours in nny cnlcndnr dny or 40 hours III the workweek, Secllon 107 of the Act. Is nppllcnbJc to cOI\..c;lruclion work filId provJdes tllnl no Inhorer or nH~chnnic shnJl be required to work jn Sllrro\JIH1Inb~ or under \"'orklllb" condltlons u'hlch nre \Insnnltnry, h:\7Iardo\1s or danerr01l5 \":1 his hrnlth and sufely H$ dr- \.(-'rJlIlned under cOllslrur.t101l Sl\fcty Hlld hcnlLh sLnndards prolll\llgntC'd uy lhe Seef<'- tnry of Lnbor. Thc~c rcquirC'IH(,IlL'; do 'lot npply to the purchn.scs of slJppllc~ or nlntc- rial::- or nrttr.lcs ordinnrlly n\'hilnblc on the open ll1nrkCl, or contro.ct.s for lrnn~portuLlon or traJ1~n)I~c;joJl or Inl.rll1,-=ence. h, C<Jntrllct., or nl&eements. tile prlllclpnl purpose of U'lllch 1::; La crcntc. ue\'clup or lJn. flrovc producl.s. procc~sc~ or n)ct.lJod::-;; or for explorlltlon Into tields thnt dlrcclly concern public health, snlety or welfnre; or contrncLs In the field of science or Icchnology III which there hns been Jlttle<',.::nllicnnt experience out.,lde of work funded by J-'ed ern I 1\.'>$151- nncc, shall contR.ln f\ notice to the efrect ,thnt Inntt.crs reg-arding rlght..<; to jn\'cntlons nnd mnt.erln)s generated under the contrnct. or ng-reement Ilre subject t.o the regulntlon, Is- sued by the Federnl 'ponsorlllg ngency nnd the recipIent, The contrnclor shnll be ad- \'I"ed M to the source of nddl tlonlll In[orma- tlon rcr.nrd~ng these rnnttcrs. L t.ll negoLlat,cd contrnots (except those of "10,000 or less) a"'!\rded by recIpients shllll Include" pro\'lslon to tbe effect that the reclplen'" the Federnl spon._orlng nr-enc)". the Comptroller O"neraj 01 the United States. or any or rthelr duly nuthort7.cd Tcpresr.ntn- t!\'es, shall hllve acce"s tQ any books, docu- ments. pnpc:-s nnd record~ of the contrnctor which Me dIrectly pertinent tn Il GpeCllic pro- ~rnm lor the purpose 01 making audits, examInations, ex""rpt.s and trnnscrlptlons, J, Contrncts IInd subg-ran'ts of amounts In excess Of 1100.000 ,ball contnln a pro\'Lslon that requIres the reCIpIent t.o a<:ree to com- ply ",ah all appllcable standl\.Tds. orders or re!(ulntlons Issued pursullnt. tQ the Clenr Air Act 01 :970 (42 U,S,C. l857 et s~r;.) and the FedeTllI W..t.cr PollutIon Contr"j Act (33 V.S.C. 1251 et seq.) f\.S amended. Vln}nt1on.!'i shnll be repoTted tQ the Federa] spYrtSOrlng n~ellcy and the Rel:'lona] ornee of the 1;:n- \'Ironmenta] Protection Agency, IFR Doc,76-21904 FlIed 7-29-76;8;45 am] I APPENDIX H OMB Circular A-122 I I Office of Management and Budget Circular A-122 (6/27/80) Of PICE OF MANAGEMENT AND BUDGET C4rcotaf A-122, '"Cost Principles lor Nonpf"ofit Organizations" AGENCY: Office of Managp.ment and DudCel. ACTK>N: Final Policy. June 2.7, HWO To The Heads of Executive Departmer:ts and Eslnblishmenls Subject: Cost principles for nonprof1t organiza tions: 1. Purpose. This Circular estnoli:;hes principles for determining cosls of grants, contr;J::ls !lnd other iigrr~ement~ with nonprofit organizations. Il docs nol apply to colleges ar.d universilies which nre covered by Circular A-2T. Stnle, local. and fecp.rnlly rccognized !ndiLln triba 1 governments which arc covered by Circular 74--4; ar hos;;itllls. The principles are designed to provide that the Federal Government bear its fair share of costs Excent where restri~:ted or prohihited by law. ~he principles do not ..!tempt to prescribe'the extent of cast shar::1g or matching on'grants, contracts, or ather a8reemel:ts. However. such cost sharing or ma tching shall no: be accomplished through L1rbitrary limitatior:s on individual cost ele;nenls by Federal agencies. Provision fer profit or othp.r increment above cost is outside the scope of this Circular. 2. Sr.:persession. This Circular .~llpersedes cost principl.:::s issued by individual agencie~ for non'pront organization, 3. Applicability. <l., These principles shall be used by all.Federal agencies in determining the ,costs of work performed by nonprofit organizalions under grnnts, cooperative agreements. cost reimbur:;ement contracls. and other contracts in which costs are used in p.ir.ir:g. administra lion. or se'ttiemenL All of these instruments arc nereaftcr referred to as awards. The principles do not apply to awards under which an organization is not required to acco;ml to the Government for actual costs incurred. L. All cost reimbursement sulwv.-ards (subgrnnts. subcontracts. etc.) are subject to lhose Federal cost principles applicable to the particular organiziition concerned. Thus, if a subaward is to a nonprofit orgnnization, this Circular shall f1pply; if a" suba ward is to a commercial organization. the cost principles applicable to commercial CC:1cerns shall apply; if a subaward is to a college or unil'ers:l,\'. Circulur A-Z1 shilll onpl\': if il sub<l\\'ilrd is to n S:;tlP., local.'or fedefl!l11yreOO~ized IrWlIn; trilJal government, Circula.r 74-4 shall apply. 4. Definitions. a. "Nonprofit organization" means any corpora tion, trust, lI'Ssocia tion. coopera tive. or other organization whh:h (1) i~ operated primarily for scfcntific. educa tional, 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) hospital6; (iii) Slate. local. and federally recognized Indian tribal governments; and (iv) those nonprofit organizations which arc . excluded from coverage of Ihis Circular in accordance with paragraph 5 below. b. ''f'rior approval" means secu~ing the awarding ager:cy's pc:rmission in advance 10 incur cost for those items tha t are designated os requiring prior approval by the Circular, Generally Ihis permission will be in writing. Where an item of cost rf'quiring prior approval is spcdfied in the budget of an ,award, approval of the budgct const'itutes approval cf that cost. 5. Exclusion of some r.onpro.{j[ orgonizolions. Same nonprofit o;'j1anizalior:s, because of their size and nature of opera tions, can be considered 10 be similar to commercial concerns for purpose of applicability of Cost principles. Such nonprofit organizations shall operate under Federal cosl principles applicable to commercial concerns. A listing of these organiza lions is conuineG.in Attachment C. Other organizations may be added from time to time. 6. Responsibilities. Agencies responsible for administering programs that involve awards to nonprofit organizations sball implement the provisiom of this Circular. Upon requesL implementing instruction shall be furnished to the Office of Management ~.ld Buc4:eL Agencies shall designate a liaison official 10 serve 6S the agency representative on matters relating to the implementation of this Circular. The name and title of such representative shall be furnished to tbe Office of /V..anagement aDd Bu~el within 30 days ofilie date of this Circular. 7. A twchmen t.s. The principles and rela led policy guides are set fortJl in the follo\o\'ing Attachments: Attachment A--GeneraJ Principles Attachment B-Selected Hems of Cost Attachmenl C-Nonprofit OrganizatiollS Not Subject 1Jl This Circular I A-122:1 8. Requests for exceptioJlS, Tbe Office of Management and Budget may grcll1t exceptions to the requirements of this Circular when permissible under existing law. However, in the interest of achieving maximum uniformity. exceptions will be permitted only in highly unusual circumstances. 9. Effectil'e Dote. The Qrovisions of this Circular are effective immediatelv. lmplementaUon shall be phased in by' incorporating the provisions into new awards made after the start of toe organization's next fiscal year. For existing awards Lhe new principles may be applied if an organization and the cognizant Federal agency agree. Earlier implementation. or a delay in implemeotation of individua3 p!'1:r'rifdoll5 is also rermitted by mutuLll agreement between an' organiza lion and the cognizant Federal agp.ncy. 10. inquiries. Further information concerning this Circular may be obtained by contacting Ihe Financial Management Branch, Budgel Review Division. Office of Management and Budget. Washington. D.C. 20503. telephone (202) 3gH773.- James T. Mclnlyre. Jr., Direc/or. ICircular No. A-12.2] Attachment A General Principles Table of Con/er.ls A. Basic Consideralion6 1. Composition of lotal costs 2.. Faclors affecting allowabiiily of costs 3, Reasonable cOBls 4. Allocable costs 5. Applicable credits 0. Advance understandings B. Direct COBls C. Indirect Cosls '\ D, Allocation of Indirect Costs and Determination of Indirect Cost Reles 1. General 2, Simplified allocation method 3, Mul1iple allocation base method 4. Direct allocation method 5, Special indirect c~t rates E. Negotiation and ApPiOval of Indirect Cost Rates J, Definitions 2. Negotiations and npproval nf rates ICircuJnr No. A-I:!:!] Attachment A Ger:eral Principles A. Dosie Considcraliolls, J. Composilion of tolal costs, The tolel cost of an award is the ~um of the allow2ble direct ond allocable indirect cosls less any npplicabJe credils, 2, Factors o.rrecting cllowobi/ily of costs, I Office of Management and Budget Circular A-122 (6/27/80) To be allowable under an award, costs must meet the following general criteria: ' a. Dc reftBonable.for the performance of the award and be oUocable thereto under these principles. b. Conform to aDY limilalions or exclusions sel forth in thcse pI;!nciplc6 or in the a Wllrd as 10 Iypes or amount of cosLilem.'. c. Be cODsislc{lt wjtlJ policies and procedures that apply uniformly to both federally financed and olber activities of Ihe organization. d. De accorded consistellttreatmcnL e, Dc determined in nccOPdllnce wlll1 generally accepted accounl'ing principles. f. Nol be included ns a cosl or used to meet cost sharing or matching requirements of any other federally Iinanced program in either the current or n .prior period. C. Be adequately docun;enred. 3. Reasunable casJs. A cosl is reasonuble if. in its nnture or amount. i(docs not exceed that which would be Incut~ed by 'a pn:dent person under the circumslll'nces prr.vaning a\ the time tbe decision was lMde to incur the costs. The question of the reJsonableness-.of specific cos:s must be scrutinized with particular core in connecli(l1l with organizations or separate divisions thereof which receive the prepond'era:Jce c,(their support from awards made' by Fede'rJI agendes.]n determining the reasonableness of a given cost. consideration shall be given to; a. Whether the cost is of a type generally recognized as ordinary Bnd necessary for the opera lion of the organization or the performnnce of the award. b. The restrain 15 or rel]uirements imposed by such faclors as generally accepted sound business practices. arms l'en,gth bargaining, Federal and State laws and regulations, and tenTIS and conditions of the award, c. Whether the indivldli'B16concerned acted ',,'ilh prudence ir. Ihe circumstances. considering their responsibilities to the organiza tion. its members. employees. aDd clients, the public allarge. and the Government. d, Significarit deviations from [he established practices of the orgJnization which may 'unjustifiabl)' increase the award cosls. 4. Allocable cas Is. a. A cost is allocable to a particular cost objective. sucr. as a grant. project. service, or other activity. in accordance with the relative benefits received. Acost is allocable to a Governmenl award if il is trealed consistently with other cosls incurred for the same purpose in like circumstances and if j'\; (1] Is incuITed specifically for the award. (2) Benefits bolh the award and other work and can be dis:ribuled in reasoDable proporlioD 10 the benefits received. (3) Is neccssary to the overall operation of the organization. although a direct relationship to any particular cost objeclive cannot be shown. b. Any cost allocable to a particular award or other cost objective under these prinr.iples may not be shifled to olher Federal awards to overcome funding .deficiencies, or 10 avoid restrictions imposed by law or by the lerms of ihe award, 5. Applicable credit., a, The term applicable credits relers to those receipts, or reduction of expenditures which opera te to offset or reduce expanse8 items lhat ere allocable to awards 85 direct or indirecl COStl. Typic.1 eXRmples 01 6uch lransactions are: purcMse discounts. rebates or allowances. recoveries or indemnities on losses, insurance refund.. and adju6lmenls of overpaymenls or erroneous char8es. To lhe extent thaI such credils accruing or received by the organization relate to allowable cost they shall be crediled to the Government either RS a cost reduction or cash refund 05 a ppropri 0 te. b. In some inslances. the amounts ,eceived form the Federal Government 10 finance organizalional activities or service operations should be treated as applicable credits. Specifically. the concept of nelling such credit items against rcl~ted expendilures should be o;:plied by the organizaton in delerming the rales or amounts \0 be organizal;on in determining the rales or amaounts 10 be charged \0 Federal awards for services rendered whenever the f~cilities or other resources used in providing sllch 'services have bep.n financeJ directly. in whole or in part. by Federal funds; arc) For rules covering program income (i.e.. gr06s income earned from federally suppor!ea activities) see Allachmenl D of OMB Circular A-1l0. ' 6. Advance and understandings. Uneer any given"award the reaeona blencss ane allocability of certain items 01 costs may be dilTicullto determine. This particularl)' true in connection with orgize tioru; thaI receive a preponde'rance of their ~uPPOl"Hrom Fede.ruJ agencies. In 'order to avoid ~ub5equent disallowance'or dispute based 011 unreasomib]enes,s or nonalloeability. it is oftp.n desirable to seek a wrilien agreeme:ll with the cognizant or awarding 'agenc); in advance of the incurrence of lipecial or unusal costs. The absence of an advance aFreement on any element of cost will not. in itself. ariec! the reasonableness or aIiocability of lhat element. B. Direct Casts 1. Direct costs Rre those thaI can be idenlified spp.cifical!y w\lh a particular fi:laJ cost objective: i.e.. a particular award. project. service. or other direct acti\'it\' of an crgftnization. However. a cost may no't be assi~ned to 6n award as a direct cost if anv oihe'f cost incurred for the same purpose, i~ like circumstance. has been alior.ated to nn award as an indirect cost. Cosl identified s;JedflcRII\' with Rwards are direct cost of the a wards an'd are to be assi~ned directly therelo. Cost identified specificaliy with other fiJ:al cost objectives of the organization arc direcl costs 01 those cost objectives and are not to be assignee to other award; directly or inriirectly. 2, !\n}' direct cost of a minonl:nount m;l\' b~ treated as an indirect co;;1 olor reasons '/If pruc::ca!ity where the accollnt treatment fur such oos: is co~sistcnlly applied 10 all fin"l cost objecti\"es. J. The cost of certain acti\'i\ies arc not allowable liS charges to Federal awards (sec. for example. fund raising costs in paragraph I A-122:2 21 01 Allnchment B), However, even though these COstl ftre unallowable lor purposes of computing charges to federal awaros. the\" nonetheless must be treated aA direct cosl'lor purposes of determining indirect cosl ra les Rnd be allocated their share of Ihe organizalion'. indirect costs if they represenl acti\'illeswhich [1) include the soJaries of personnel. (2) occupy spiice. and (3) benefit from the organization's indirecl costs. 4. 1be costs of activilies performed primaril)' aA a service \0 members, clients, or the w,neral public when significant nnd necessary to the orgunizalion's mission mUBt be treated as direcl cosls when or not ollo,,'uble and be allocllted on equltahle share of indirect costs, Some ex~mp\es of these types of activities include; II. Muinlenllnce of member~hip rolls. subs'c.riplions. publicatiom, und relnted funclions. b. Providing service6 and inlormation to members. legislative or administrative bodies. or the public, c. !'romolion. lobbying. ond other lorms of pubiic relation~. d. Meetings and conferences except those held 10 conduct lhe general administration of Ihe orgrmi<:a lion. 3. Mninlenacne. protection. and investment uf ~pecial funds not u~ed in operation of the orgunizalion. L Administration of group benefits on behelf of memhers of c1iellts incllldin1' life ,und hospital in~uronce. annuity or relirement plans. financial aid. etc. e. Indirect Cas/. 1. Indirect costs are those that have been inCl:rred !or common or joi:lt objectives and cannot lie readily. identified with a particuluT final WSc objective. Direct cilsl of minor ar.lOun,3 ma\, be trealed as indirect cosls under Ih~ cQ'noilions described in paragrllph B.2. abu"e. After direct costs have been detl<rmillcd and assigned directly to a ....ards or other work RS appropriale. indlfect costs Ilrf those rerr.;;ining to lie ullocaled to uellrliting co~, 0bjectives. A cost m:>y not he allocaled to an award 8S an indirect cost if ull)' othp.r cosl incurred for the iame purpose. in like cir~unutances. ,has been a9Big~ed to an i/,,:ard as a direct cost. ' 2. Because of the diverse characteristics R~cl accounting practices of nonprofil organizations. it is not possible to specify the tYpf<S of cost which may be classified IlS inoirp.ct cost in all situalion, However. typical examples of indirect cost for many nonprofit o:'ganizations may include depreciation or use allowance..s o~ buildings and equipment, the costs of operating and maintaining f.lcililies. and gelleral adm;oistra lion Rnd 1'['lIeral expenscs. such a~ the salaries and expenses of executive officers, parsonnel administration, ami a,ccounling, n. Allocatiun of lndirecf Cast and Dr-/ermination of Jndirect Cast Rutes. 1. General. (I, Where a nonprofit orpanizR lion has only (Jne n~ii;or lunction, or \\'~,eJe ail its major functions l1enefit frurn ils indirect cosls to Approximately the snme ocgree, the "lIoeBlioB of illdi:ec\ costs Bnd Ihe ., I Office of Management and Budget Circular A-122 (6/27/80) computation of "n indirect cmtule~' be accomplished through simplified allocation procedures ft8dosc:ril>ed in paragraph 2 below. b. Where an organir.ation haa several maior functions which benefit from i1s indirect costs in varying degrees. alloca tion of indirect costs may require the accumula tion of auch costs Into separate cost groupings which then are allocated individually to benefiting functions by means of a uase which best measures the rlllative degree of benefit. The indirect costs allocated to each function ore thr.n distributed to individual awards and other activilies included in tha t dunction by means of un indirect COil raters). c, The determination of what constitutes an organization's major functions will depend on its purpose in ueing; thelypes of services it rcnoers to the public. ilB c1ienls. nnd its members; and Ihe ,.mollnl of efforl It llcvotes to such activities os fund raising. public information and membership activities. d. Specific methods for allocating indirect costs and computing indirect cosl rates along wjlh the condilions under which each melhod should be used are described in paragraphs 2 through 5 below. e. The base period for the allocation of indirecJ costs is the period in which such costs ore incurred and accumulated for sllocation wo work performed in that period. The base period normally ahould coincide with the organization's fiscal year. but in any evn\, shall be so selected as 10 avoid Inequities in the allocation of the costs. z. Simplified allocation method. a. Where an organization's major functions benefit from i1s indirect costs to approximately the samE' degre. the u!location of indirect costs may be accomplished by [i) separating the organization's total costs for the ba~e period as either direct or indirect. <<nd (ii) di,'iding the lotallllloweble indirect costs (net of ap'plicable credits) by an equitaule distribution base. The resuil of this proccss is an indirect cost ra te which is used to distribute indirect costs to individual a wards. The rale should bc expressed as the percentage which the lotal amount of allow:Juie indirect costs bears 10 the basc selected, This method should alos be used where an organiz.atioo has only one mdjor funclion encorr:passing a number of individual projects or Activities. and mav be used where the l~vel of Federal a wards -to an organizetion is relutivc:y small. b. both the diroct costs and the indirect ccsts shull eXClude cap;I&1 expenditures and unallowable costs. I iowe'.'er. ur.allow/lble costs which represent 1\ctivHies mt:st be included in the direct costs under the conditions described in paragraph B.3. above. c, The distribution uase ma}' be total direct costs (excluding cepital expenditures and other distorting items. such liS major subcontracts or s:Jb!;ranls). direct scluries and wages. or other base which results in an equitable distribution, The distribution base shall generally exciude paitiGipan! suporl costs as defined in paragraph 2\1 of Atlachment 13. d. Excc~s1 \!\'hcrc a ~J.led2! rClt'{:;) i~ required in accordance with paragraph 0.5 below. the :indirect.a>1lt Tale d...~doped, ";"der the abnve prinr-ipk'l .ia3ffi)liCJIok ,\D aU award, alwe O<1lani:ul.iion. -II a spocial ra tel s) ~ required.appropria te modiIiCli lioru shall be made in order \D develop ,the special rate(s). 3. Multiple allocation base method. a. Where an o~aniz8tion'5 indiroct costs benefit its maiodunclions in varying degrees. such costs shall be accumulated into separate cost groupings. Each grouping shall then be allocateo individually to bencfitlng fUllctions by means of a hase which hesl measures the relative benefits. b. The groupings shall be estnhllshed so as to permit the allocation of each grouping'on the basis of benefits provided to the major functions. Each groupi~ should constilute 8 pool of expenses that ore of like charRcter-in terms of the fllnctions they benefit Hnd in ten"s uf the ulloeulillll I...." whlub I",.t measurs the relutive benefits providd to each function. The number of separate groupings should be held within practical limits. laking into considerulKm the materiality of the amounts iiwolved and the degree of precision desired. c. Actual conditions must be taken into aceounl in selecling the base to be used in allocating the expenses in each l1rouping to benefiting functions. When an allocation can be made by assignment of a cosl grouping directly to the function benefited. 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 tha I are equitable to both the Government and the organization. In general. any cost element or cost related factor associated with the organization's work is potentially adaptable for use as an allocation base provided Ii) it can readily be expressed in terms of dollars or other quantitative measures (total direct costs, direcl salaries and wages. staff hours applied. square feet used. hours of uSilge. number of documents processed. population served, and the like) and (ii) it is common to the benefiting functions during the base period, d, Except where a special indirect cost rilte[s) is required in accordance with puragTilph 0.5. below. the separate groupings of indimct costs allocated to each major function sholl be agrp.gated and treated as a common pool for that function. The cosls in the common pool shall then be distributed to indivisual awars included In that funclion by use of a single indirect cost rate, e. The distribution base used in computing tile indirect cost rale for each function mov be total dirp.cl costs [excluding capilal - c;penditures end other distorting items such uS major subcontracts and subgrantsJ. direct ~alaries and wages. or other ase which results in an equitable distribution, The distribution base shall generally exclude participant support costs as defined in ptlragraph 29. Attachment B. An indirect cost rate should be developp.d fir each 5l'parale indirect cost pool developed. The rate in each case should be stated as the percentage which the amounl of the particular indirect cost pool is of the distribution base identified I A-122:3 wi t h tha t pooot .(, Direct allocation method, a, Some rnmprofit organizations. \reat all costs 58 direct costs expect general administration and general expenses. These organizations generally eepllrale Iheir costs into thre basic categories: (i) General administration and general expenses. (ii) fund raising, and (iii) other direct functions (including projects performed under Federal awards). Joint costs. such as depreciation, rental costs. operation and maintenance of facilities. telephone expenses. and the like are prorated indivisually as direct cost to each category and to each award. or other activity using a base most appropriate to the particular cost being prorated. b. This method is acceptable provided each joint cQ.sl is prorated using a base which nccurnlely mensurcs the bencfil~ prnvirlco to elleh IIwllnl ur "Iher lIellvliy. Till, \JII""" Illllllt be established in accordance with resonable criteria. and be supported by currenl data. This method is compalible with the Standards of Accounting and Financial Reporting for Voluntary Heallh and WeUure Organizations issued jointly by the National Health Council. lnc.. the National Assembly of Volunlarv Heallh and Social Welfare Organizati;ns. and Ihe United Way of America, c. Und'.lr this method, indirect costs consist eclusively of general administration and general expenses. In all other respects. the organization's indirect cost ratess shal be computed in lhe same manner es that described in paragraph D.2 a uove. S: Special indirect cost rates. In some instances. a single indirect cost rale for all . activities of an organizallon or for each major function of the organiza tion ay not be appropriate. since it would not take inlo 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 that performed under a single award or it may consist of work under a group of awards performed in a common environment. the factors ma\' in21ude the physical location of the work. the level of administrative support rE'quired. the nature of the facilities or order resources employed. the scientific disciplines or technical skills involved. the organizational arrangements used. or anv combination thereoL VVhen a particular ;egmenl of work is performed in an environment which appears to genera te a 6ignificantly different level of indirect costs, provisions should be made for a separa te indirp.ct cost pool applicable to such work. The separol.e indirect cost pool should be developed during the course of the regular o !ioca tion process. and the separa te indirect cost rate resulting therefrom 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 malerial. E, Negotiation and Approval of Indirect Cost nales, I Office of Management and Budget Circular A-122 (6/27/80) 1. Definitions, As used in this section. the followl~g 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 nonprofil organization on behalf of all Federal agcncir.s. b. "Predetermined rote" means an indirect cost rate. applicable to a specified current or future period, usually the organization's fiscal vear. The rate is based on an estimate of the ~osts to be incurred during the period. A predetermined rate is nol subject to adjustment. c. "Fixed rote" means an indirecl cost rate which has lhe slime characleristics as 0 predetermined rate. except that the difference between the estimated cosls and the actual cosls 01 the period covered by the ro Ie is carried forward as an adjustmcnlto the ralc computation of a 6Uhsequent period. d. "Final rate" means an indirect cost rate applicable 10 a specified past period which is based on the actual costs of the period. A fjnal rate is not subject to adjustment. e. "Provisional ra te" or billing ra Ie means a temporary indirect cost rate applicable to a specified period which is used lor funding. interim reimbursement. and reporting indirect costs on awards pending the establishment of a ra Ie lor the period. f. "Indirect cost proposal" means the documentation prepared by an organization to substantia Ie its claim for the reimbursement of indirect costs. This propcsal provides the basis for the review and negotiation leading to the establishment of an organization's indirect cost rate. g. "Cost objective" means a function. organizational subdivision. contract, grant, or other work unit for which cost data are desired and for which provision is made to accumulate and measure the cost of processes, projects, jobs and capitalized projer:ts. 2, Negotiation and opprol'a! of rotes, a. Unless different arrangements are agreed to by the agencies concerned, the Federal egency wilhlhe largest dollar value of awards with an organization will be designated as the cognizant agency for the negotiation and approval of indirect cost ra tes and. where necessar\'. other ra tes such as fringe benefit and computer charge-out ra tes. Once an agency is assigned cognizance for a particular nonprofit organization, the assignment will not be changed unless there is B major long-term shift in the dollar volu~ of Ihe Federal awards to the organizalion. All concerned Federal agencies shall be given the opportunity to participate in the negotiailon 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 that special operating lactors effecting its awards necessitate special indirect cosl rates in accordance with paragraph 0.5 above, it will, prior 10 the time the rates are negotiated, notify the cognizant agency. b. A nonprofit organiza tion which has not previously established an indirect cost rate with e Federal agency shall after the organization is aDvised that on aword will be made and, in no event. later Ihan three monlhs alter the effective datE of the award. c. Organizations that have previously established indirect cost rales must submit a new indirect cost proposal to the cognizant agency within six months after the dose of each fiscal year. d. A predelermined rate may be negotiated for use on awards where there is reasonilble assurance. based on past experienr:e and reliable projection of the organization's costs. that the rate is not likel\' to exceed a rote based on the organizali~n's actuol costs, e. Fixed rates may be negotiated where predetermined roles are not considered appropriate. A fixed role, however, shall not be negoliated if (i) all or a substantial portion of the organization's awards are expected to expire before the carry-forward adjustment can be made: (ii) the mix of Government and non.government work at the organi7.ation is too erralic to permit an equitable carry- forward adjustment: or [iii) the organization's operations Ducluate significantly from year 10 year. f. Provisional and final ra les shall be negotiated ,where neither predetermined nor fixed rates are appropriate. g. The results of each negolia tion shall be formalized in a wrillen 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 between the cognizant agency and the nonprofit organi;;alion, the dispute shall be resolved in accordance with the appeals procedures of the cognizant agency. i. To the extent that problems are encountered among the Federal agencies in connection with lhe 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] Allac!lment B Selecled llems of Cost Table oj Contents 1. Advertising costs 2. Bad debts 3. Bid and proposai costs (reserved) ~. Bonding costs 5. Communication costs 6. Compensation for personal services 7. Contingency provisions ~, Contributions 11. Dep~rciatlon and use allowllnces 10. Donation~ 11. Employee morale. health andwelfarc ccsts and credit. 1:. Entertain;nent costs 13. Equipment and other copital expenditures H. Fines and penalties . j 5. Frin~e bcnefit. 15, Idle 'facilities and idle captCity 17. Inuependent re~ellrch and devclopmenl (resen'ed] 19, Insurance and indcmnific~ liDn 19. Interest. [und-raising. and investment manngem(:nt costs 20, Labor rel~tions costs I A-122:4 ~1. Lf'ss~s on other a','o;ard. 22, M;liotenonce a:1d r<:pAir costs 23, M;.tcrials /Vld suppl;e. 24, M.,etings. conferences 2.5. MemLer.hips. sub.criptions. aud professional aclivity cosls 20, Organization costs Z7. O\Crlirne. exlra-par shift, and multishift premiurr.. 20. Pal'e char!1cs in professiunlll journalll :9, Participanl support costs 3a, Pa tenl costs 31. Pcnsion pllln. 32. Plunt 8ecurity costs 33. Prcaward costs 34, Profession,,1 service costs 36. Profit. and lossel on disposition of depreciable property or other capital assets Jf), Public ir1formation sen'ice costs 37. Publication lInd printing cosls :in. Rearrangement and alteration costs 3n, Recon,'ersion costs 40. Recruiting costs 41. Relocation costs 42. Renl.al costs 43. Roya lties nnd other costs for If!;e of palent. and copyrights 44. Severance pay 45. Specialized service facilities 4rl, Toxes 47. Termination costs 40. Training and educotion costs 4n, Transportotion costs 50. Travel costs [Circular No, A-1Z2] Allnchrncnt B Selected Items of Cost Paragraphs 1 through 50 provide principlcs to be applied in estnblishing \he allowubility of certain items of cost. These princ:iple. orply whether a cost is trea led as direcl or indirect. Failure to mention a particular item of cost is nol intended to imply that it is unallowable: rather determination os to ollowability in each case should be based 00 the treatment or princirlel provided for similar or rela ted items 01 cost. 1. Advertising co.U. 'I a. Advertiaing cosll mean \he C08tS of' . media servicea and associated cosls, Media odver1ising includes magazines. newsp8p~rs. radio and television programs. direct maiL exhibits. and the like. b. The only adverti~in8 costs allowable are lhose which arc solely for (i) therecrullmenl of per80nnel when considered in conjunction with all other recruitment C08tS. as sel forth in paragraph 40: ,(ii) the procurement of goods and sr.rvicC's: (iii) the di8posal of 8urplu. materia 15 acquired in the performance of \he award except when ol1lanizations are reimbur5ed for disposals at a prcde\ermined amount in accordance with Allac:hmenl N of OMB Circular A-11O: or [i") specific requirements of the award. 2" Bod debts. Bad -debts, including losses (....hether actual or estimated) ari~ing lrom uncollectible accounts and other claims. related collection costs. and relalod legal cosls, Are unallowable. 3. Bid ond proposal casU. (reserved) 4, BiJnding costs, ) Office of Management and Budget Circular A-122 (6/27/80) a, [)ontling co~ts arise whrm Ihe Government require~ ,as~urance agllin~l lir,llnr.iallo!~ 10 it.self or others hy reason of the ar.t or default 01 the organization, They IlriSr. o\so in instances where the organi%:alion rcquirt!s similar ossuranoc. Included ore such hnncls as bid. performance. payment. adnlOce payment. infringement. and fidelity bunds. b, Cosls of bonding required pursuant 10 Ihe tern's 01 Ihe lI....ard are allo\\'lIole. c. Cosls 01 bonding requlrcd by Ihe org.1ni7,alion in the generel conduct of its upr.rations arc allowable 10 the extcnlthal such bonding Is in accordance with sound bllsines~ practice and the roles and pTemiums <He reilsorif.ble under the clrcumslances. 5. Communication OO..t.. Costs incurred for lelephone sen:iceR. local and long distance telephone calls. telegrams. radio!lrllms. postage and the hl:e. are .llowftb!c. 5. Compensation far personol.<en'ices. a. Definition. Compens.ation lor pel'1lonal services includes /Ill compe;]salion paid currenth' or accrued bv the orgar:i::ation for service; 01 employees -rer.dered during lhe period of the award (except os otherwise provided in paragraph g. below). II includes. but is notlimiled 10. aalaries. w.ages. director's and executive committee member's fees. incenlin awards. fringe benefits, pension plan cosls. allowances lor oIT-site 1'<1.1'. incentive pay. location allowances. herdship pay. aDd cosl 01 living difierentials. b. A/Jowabilitf. Except os otherwise ~;Jecifically provided in !his paragraph the costs of such compensation are aUowable to the el-dentthal: (1) Total compel1sation 10,individual employees is reasonable for the services rendered snd conforms to the established policy of Ihe organiz:a lion consistently applied 10 both Govemmentand Don- Government activities; and [2] Charges to awards whether ~eted as direct or indirect costs ere determinl<d !lnd supporled 0\ required in this paragraph. c. Reasonableness. (1) When the organiz:ation is predominantly engaged in aClivities other than tho~e sponsored by the Government. compensation for employees on Governmant-sponsored work will be considered reasonl<ble to Ihe extent thatH is consistent with that paid lor similar work in the org~;]iz:ation'$ other ectivities. (2) When the organization is Jlredominantly engaged in Government-sponsored activities and in cases where the kind 01 employees required lor the Government acti\'ities.are not lound in the organiz:ation's other activities. compensalion for employees on Go\'ernment-sponsored work will be considered reasonable ,10 the exlenl Ihal it is comparable to that paid for similar work in the la bor marhts in which the organiz:ation competes for the kind of employees involved. d. Special considera/ians in delermining allowabili/y. Certain conditions require special consideration and possible limilations in determining costs under Federal 0 words where anlOunts or types of compensation appear unreasonable. Among such conditions ore lhe following: (1) Compensulion 10 members of nonprofil or~aniz;:tions. Iruslee~. direr.lors. aA~or.iales. officers. or the immediote IHmilieA thl'reoL Determination should he made thai slIch compensation is rellsnnnble lor the aclual personal services rendered ruther than a dislribution 01 earnings in excess 01 costs. (2) Any change in an OIgnllization's compensation policy reslIlting in a suuslantial increase in the orgllnir.ation's lr.vel of compensation. particll1ftrll' when it was concurrent with on incrense in the rfttio 01 Government awards to olher activities 01 Ihe o!1:ani7.alion or any chnnge in the Ireotment 01 aJ\owaliility 01 spedfic types 01 compensation due to changes in Government policy. e. Unallowable casts. Costs which are unnllowable under other paragraphs of thi; Attachment shall not be IIllowable under this paragroph soleI}' on 1l1e basis tha t they constitute personal compensolion. f. Fringe benefits. (1) F:inge benefits in the form 01 regular compensation poid \0 employees during periods of authorized ab6ences Irom the job, such as vacation 1eove. 6ick lellve, military leave. aud the like. are allowoule provided such cosls ore absorbed by all organization aclivities in proportion 10 the relalive amount of lime or effort actually devoted to each. (2) Fringe benefits in tbe form of employer contributions or expenses for social securil}'. employee insurance. workmen's compensation insurance. pension plan costs (see paragraph g. below). and lhe like. ore allowable provided such benefits are granted in accordance ",:itb established writlen organjzalion policies. Sucb benefits whether treated liS indirect cosls or liS direct costs. shall be distribuled to parlicular awards and other activities in a manner consistent with Ihe pa aern of benefi ls accruins to the individuals or group of employees whose salaries and wages are chargeable to such awards and other aclivilies. (3)(a) Provisions lor a reserve u:1der a self- inSurance progrl3m foc unemploymenl compen;ation or .....orkmen.s compensation sre allowftble 10 Ihe extent tho: the provisions represent reasonable estimates of the liabilities for such compensation. and the types of coverage. exlenl 01 coverage. and rates and premiums would have been allowabla had insurance been purchased to cover the risks. However. provisions for sell- insured liabililies wbieb do not become payable for more than one year aileI' the provision is made shall nol exceed the present vaJue of \he liability. (b) Where an organiz:alion follows a cODsislenl poley of expensing actual paymenls 10. 01',00 behalf of. employees or fOmler employees for unemployment 1:Ompensation or workmen's compansation. such.paymenls are allowa ble in the year of -paymenl with the prior approval 01 the awarding agency provided they are allocated loan activities 01 the organization. (4) Cosls of insurance on the lives of trustees. ofIicen. or olher employees holding positions 01 similar responsibility are ollowable anI v to the extent that the insurance rep~esenls additional compensation. The costs 01 such insuronce when the organization is named as. I A-122:5 ueneficiary are unallowable. g, Pcnsi;n plan costs, (1) Costs of the orgallization's pension plan which are incurred in accordance wilh Ihe eslablished policies of the organization are allowable. provided: (a) Such pulicies meet the test of reasona bleness; (b) The methods of cost allocation are not discriminatory: , (c) The cost assigned to each fiscal year is determined in accordance with generally accepted accounting principle~ os pre~Lribed in Accounting Principles Board Opinion No.8 issued by the American Institute 01 Certified Public Accountants; and (d) The costs assigned to a given fiscal yenr ere funded lor 011 plan participants within six monlhs aiter Ihe end 01 that year. However, increases to normal find past 6crvice pension costs caused by a delay in lunding the actuarial liability beyond 30 days after each quarler 01 the year to which such costs ore assignable ore unallowable. (2J Pension plan termina tion insurancc premiums paid pursuanlto the Employce Relirementlncome Security Acl of 1974 (Pub. L 93-4(0) are allowable. Late payment charges on 8uch premiums are unallowable. (3) Excise taxes on accumulaled lunding deficiencies and other penalties imposed under the Employee Retiremenllncome Securitv Act are unallowable. h. In~en/h'e campensa/ian. Incentive compensation 10 employees based on cost reduction. or efficient performance. suggestion awards. safely awards, etc.. are allowable 10 the extentlhalthe overall compensation is delermined to be reasonable and such costs are paid or accrued pursuanl to an agreemenl entered into in good laith between the organization and the employees before the services were rendered. or pursuant 10 on established plan folluwed by Ihe organization so,consislently as to imply. in effecl. an agreement \0 make sllch payment. . . i. Overtime, extra pay shift. and mu/l1shif/ premiums. See paragraph 27. j. Severance pay See paragraph 44.. k. Training and education oos/s. See paragraph 48. ' . ' 1. Support of salaries and wages, . (1) Charge! 10 awards for salaries, and wages, whether treated as direct cost! or indirect cosls. will be bosed on documented payrolls approvcd by a responsible official(sJ 01 the organizalion. The distribution of 6alaries and wages to awards must be supported by personnel activity reports as prescribed in subparagraph (2) below. excepl when a substitute svstem has been approved in writing by the Ih~ cogniz:ant agency. (See paragraph E.2 of AlIachment AJ (2) Reports renecting the distribution of activity of each employee must be maintained lor all staff members (professionals and nonprofessionals) whose compensa tion is chargee. in whole or in parl. directly to owerds. In addition, in order to support the allocation of indirect costs. such reporls must also be maintained for other employees whose work involves Iwo or more luncilons or activitie8 if a distribution ollhelr compensolion between such lunctions or activities is needed in the determination of I I Office of Management and Budget Circular A-122 (6/27/80) the organization's indirecl cosl ratc[s) (e,g.. an Employee engaged part-time in indirect cost activities and perl-time in a direct function). Reports maintained by nonprofit organizations \0 satisfy these requirements must meet the following standards: (a) The reports must renect an aJter.the- Jact delermination of the actual activity of each rmployee. Budget estimates (i.e.. estimates delermined before the servicp.s are performed) do not qualify as supporl for chnrges to awards. (b) Each report must account for the tolal activity for which employees are compensated and which is required in fulfillment of their obligations to the organization. (c:) The reports must be signed by the individual employee. or by a responsible sup~rvi80ry official having first hand knowledge of Ihe activities performed by the employee. thaI the distribulion of activity represents a reasonoble estimate of the actual work performed by the employee during the periods covered by the reports. (d) The reports must be prepared at leasl monthly and mus.t coincide with one or more pay periods. (3) Charges for the salaries end wages of nonprofessional employees. in addition to the 'supporting documentation described in subparagraphs (1) and (2) above, must also be supported by records indica ting the total number of hours worked each day maintained in conformance with Department of Labor regulations implementing the Fair Labor Standards Act (29 CFR Part 516). For this purpose. the term "nonprofessional employee" shall have the same meaning as "nonexempt employee," under the Fair Labor Slandards Act. (4) Salaries and wages of employees used in_meeting cost shoring or matching requirements on awards must be supported in the same manner as salaries and wages claimed for reimbursement from awarding agencies. i. Contingency provisions. Contribulions to il conlingency reserve or any similar provision made for events the occurrence of which cannot be ferelold with certaintv as to tim~. intensity. or with an assurance oi their happening. are unallowable. The term "contingency reserve" excludes self- insurance reserves (see paragraph 6.f.(3) and 111.a.(2)[d)): pension funds (see paragraph 6.(g)); and reserves for normal severance pay (see paragraph 44,(b)[1). 8, ContributiO!1s, Contributions and donations by the organization to olhers are cnallowable. 9. Depreciaiion and use allowances, a. Compensation for the use of buildings. other capital improvements, and equipment u;-; r.anc ma:.' he made through use ?!Iowanc;es or depreciation. However. except as p,(wided in paragraph f. below a cnmuii1ation of the Iwo methods mav not be ;:aed in cl1nrlf~ction with a single cla~s of fixed aa.ets (e.g.. b~lildings, office equipment. CUnlpu!er equipl11enl. etc.). b, The compl::a!ion of use allc""ances or ,;.,preciatir,n shall be based on the ~c'!l,isi:ion cosl of the assets involved, The "c:ul;:sition cosl of an asset donaied to lhe or~ani7.ation by a third par'~' shall be Its faiT market value at the time of the donation, c. The computation of use allowances or depreciation will exclude. (1) The cost of land; (2) Any portion of the cost of buildings Bnd equipment borne by or donated by the Federal Government irrespective of where title was originally vested or where it prp.senlly resides: and (3) Any portion of the cost of buildings and equipment cO'ltributed by or for Ihe orllanizaliun in satisfaction of a sl<ltutory ma tching retirement. d, Where the use allowance method is followed. the use allowance for buildings and improvement (including land improvements such as poved rorking areas. fences, and sidewalks) will be computed at an annual rute not exceeding two percent of acquisition cosl. The use allowance for equipment will be computed at an annual rate nol exceeding I six and two-thirds percent of nC9uisition cosl. \'v'hen the use allowance method is used for buildings. the entire building must be treated os a single Bsset: Ihe building's components (e.g, plumbing system. heating and air conditioning. etc.) cannot be segregi.!ted from the building's shell. The two percent Iimilation. however, need not be applied to equipment which is merely a:tached or fastened to the huilding but not permanently fixed to it and which is used as furnisbings or decorations or for specialized purposes (e.g.. dentist chairs and dental treatment unils. counters. laboratory benches holted to the Door. dishwashers. carpeting, etc.). Such equipment will be considered as not" being permanently fixed to the building if it can be removed without the need for costly or extensive altera tions or repairs 10 the building or the equipment. Equipment that meets these criteria will be subject to the six and two-thirds percent equipmenl use allowance limitation. e. Where depreciation method is followed. the period of useful service (useful life) established in each case for usable capital assets must lake into 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 10 assign the cost of an Rsset (or group of assets) to accounting periods shall renecl the pattern of consumption of the asset during its useful life. In the absence of clear evidence indicatinll that the expectp.d consumption of the asset will be significantly greater or lesser in the early portions of its uscfullife than in the later portions. the straight-line method shall be presumed 10 be the appropriate method. Deprecia lion mct.nods once used shall no! be changed uniess approved in advance by the cognizant Fecp.ral agency. V\'hen the dellreci;s1ion method is introduced for application to assets previously sllbject to a \Jse allowance. the c(lmbin~tion of use all'Owances and c1cpreciat;on applicable to such assets must nut exceed the lolal acquisition cost of the assels, V\'~en the ~epreciallon method is used f", huildin~s. a uu;Jdllll!'s shell may ue A-122:6 segregnled from eAch building component (e,g.. plumuing system. healmg. And air conditioning system. etc.) Bnd each item depreciated over its estima'ed useful life: or the entire building [i.e.. the shell and all components) may be trealed as a single Bsset and depreciated over a single useful life. f. When the depreciation method is used for a particular class of assets. no depreciation may be allowed on any such aar-els that, under paragraph e, above, would he viewed as fully depreciated, However. A rensonllble use allowance may be negotia led for such assets if warranted after taking into consideration the amounl of depreciation previously charged to the Government, the estimated uscfullife remaining at time of negolia lion. the effect of any increased maintenaoc:e charges or decreased efficiency due to age. and any other factors pertinent to .the ulilization of the asset for the purpose conlp.mplated. g, Charges for use allowances or depreciation must be supported by adequate property records and physical inventories must be taken at least once every two years (i.! slatiltical sampling basis is acceptable) 10 ensure that assets exisland are usable and needed, When the depreciation melhod is followed. adequate depreciation records indicating the amount of deprecin,ion taken cach period must also be maintained. 10. Dono/ions a, Services received, [1) Donaled or volunteer services may be furnished 10 an organization by professional Dnd technical personnel. consullants. and olher skilled and unskilled labor. The value of these services is nol reimburSable either as II direct or indirect cost. (2) The value of donated services utilized in the performance of a direct cost activity ~hilll be considered in the determination of ti;e organization's indire'ct cost raters) and. a(:cordingly. shall be allocflled a I,roportion'lte share of applicable indirect costs when the following circumstances exist: (a) The as:;~egate valup. of the services is Dlalerial: (b) The services arc supported b~'-{l ~ignifil:iJnl :otmol,nl of ILe indirect costs, incurred by the organization: [c) The dir'lct cost activity is nOllJursucd primarily for the benefil of the Federal Govl,rnmenl. (3) In those instances wheie there is no basis for determining the fair market value of the services rendered. the recipient and the c(lgrlizant agency shall negoti,lle an nppropriale aiioc<Jtion of indirect coslto the sen.'ices. (4) Where donated services directly bencfi! a ~roi(;ct supported by an a ward. the indirect costs allocated to the services ",:11 be considered as a part of the lotal coslS of the project. Such indirect costs may be reimbursed under the award or used to meet cus! sharing or matching requirements, (5) The value of t~e dona led services may be used 10 mecl cost sharing or matching requirements under conditions described in /'.Ilachmenl [, OMS Circular j\;o. A-ll0, \\'here dona led services ore tre;tled as indirecl cosls, indirect cost rates will s"parale lhe v"lue of the dona lions so that J Office of Management and Budget Circular A-122 (6/27/80) reimbursement will not be made, (6) Fair market value of donated sarvices 6hall be computed as follows; (a) Rates far volunteer sen'ices. Rates for volunte~rs shall be consistent with those regular rates paid for 6imilar work in other activities of the organization. In cases where the kinds of skills involved are not found in the olher activities of the organization, the rates used shall be consistent with those paid for similar work in the labor markel in which the organization competes for such skills. (b) Services donatad by othar organizations. Vllhen an employer donates the services of on employee. these services shall be valued at the employee's regular rate of pay [exclusive of fringe benefits and indirect costs) provided the services arc in the wme skill for which the employee is no:mally paid. If the services are not in the same skill for which the employee is nonnnlly paid. fair market value shall be computed in accordance with subparagraph (a) above. b. Goods and space. (1) Donated goods: i.e.. expendable personal property/supplies. and dona ted use of space may be furnished to an organization. The value of the goods and space is nol 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 Attachment E. OMB Circular No. A-110. The value of the donations shall be determined in accordance with Attachment E, Where dona lions are treated as indirect costs, indirect cost rates will separate thi value of the donations so that reimbursement will not be made. 11. Employee margie, health. and welfare. costs and credits. The costs of house publications. health or first-aid clinics. and/ or infirmaries, recreational activities, cmployees' counseling services, and other expenses incurred in accordance with the organization's established practice or custom for the improvemenl of working conditions. employer-employee relations. employee morale, and employee perlormance are allowl1ble. Such costs will be equitably 2pportion~d to all activities of the o,ganization, Income generat~d from an\' of these activities ,,'ill be credited to the c~st . thereof unless such income has been irrevocil bly set over to employer welIare organizations. 12. Entertainment costs. Costs of amusement. diversion. social activilies. ceremonials, ond costs relating thereto, suc!. as meab'. lodging. rentals. transportation. and gratuities arc unallowable (but see p:,ragr?phs 11 and 25), 13, Ec;uipment and other capilal e,\pendilures, a, ^s used in this paragraph, the following lcr:n.;;.ha\'cthe.m!lonin~ ~~!.!9rth below; (1) "Equipment" means an article of ~on~xpendable tangible personal property l1il\'mg a useful life of more than two \'eors Brld an acquisition cost of $500 or mo;e per Ur\Jt. An organization ma\' use its own definition provided thai (t at least includes all no~expendable tongible personal property as ue.med herein, (2) "^cqui!ition cost" means the net invoice unit price of an item of equipment, including the cost of any modifications. attachments. accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. ^ncillary charges. such as taxes, duty. protective in- transit insurance. freight. and installation shall be included in or excluded from acquisition cost in accordance with the organization's regular written accounting practices. (3) "Special purpose equiphlent" means equipment which is usable only for research, medical. scientific. or technical activilies. 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 are needed to make them suitable for a particular purpose, Examples of general purpose equipment include office equipment and furnishings. air conditioning equipment. reproduction and printing equipment. motor vehicles. and automatic dala processing equipment. b. (1) Capital expenditures for general purpose equipment are unallowable os 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. Capital expenditures for improvements to land. bdldings. 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 expe!1ditures are unallowable as indirect costs. However. see paragraph 9 for allowabilit\' of use allowances or depreciati~n on buildings. capital improvements, and equipment. Also. see paragra;>h 42 for allowability of rental costs for land. buildings. and equipment. 14, Fines and penalties. Costs of fines and penalties resulling from violations of. or failure of the organization to comply with Federal. State. and local laws and rel:ulations are unallowable except when incurred as a result of compliance with specific provisions of an award or instructions in writing from the awarding agency. ' 15. Fringe benefits. See paragraph 6. f. 16, Idle facilities and idle capacity. Ii. As used in this paragraph the following lerms hove the meanings sel forth beluw: (1) "Facilities" means land and buildings or any po:tion thereof. equipment individually or collectiveiy. or any other tangible capital ~sscl. wherever located. and whether ov."Tled or leased by the organization, (2) "ld!e facilities" means complete!\' Ullllacd facilities Iho: arc e,<cess \0 the' organi2.ation's current needs. (:n "Idle ol'oci::," means the unlit-cd I A-122:7 capacity of partially used facilities. It is the diffcrence betwecD thaI which s facility cOllld achieve under roo per cent opera ting time on B one-shifl basis less opera ling interruptions resulting from time lost for repairs, eetups. unsatisfactory malerials. end other normal delays. and the extent \0 which the fl1cilily was actDally u,cd Lo meet dcmands during the ac;countin~ period. A mullishifl basis may be used if it can be shown that this amoun1 of usage could normally be expected for the type of facility involved. (4) "Costs of idle facilities or idle capacity" menns coets such lUl maintcnance. repair. housing, renL and other related costs; e.g.. property taxes. insurance. and depreciation or lIse ollowances. b, The cosls of idle facilities are unnlloV;;able except to the extent tbat; (1) They ore unnecessary to meet Ductuations in worlJoad; or (2) Although not necessary 10 meet Ductuations in worlJoad. they were necessary when acquired and are now idle becl1u6e of chnnges in program requirements. efforts to achieve more economical operntions. reorganiz.:Jlion. termination, or othcr causes which cO!lld not have been rel1sonably foreseen. l:nder the exception staled in this subparagraph, costs of idle facilities are allowable for a reasonable period of time. ordinarily not to exc~ed one year. depending upon the initiative taken to usc. lease. or dispose of such facilities (but see paragr'lphs 47.b. and d.). c. The costs of idle capacity are normal costs of doing business and are a factor in the normal Ductuations of usage or indirect cost rates from period to pcriod. Such costs are allowable. provided the capacity ie reasonably anticijlated to be necessary or was originally reasonabie and is subject to reduct:an or elimination by subletting. renting. 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 idle faciJitif;s, . 17. hlti-.,;-.:ndcnt research and development [Reserv~d:, . . . 18, Insurance and indemnificGtion. I a. Insurance includes insurance which the orga!1ization is required to carry. or which is approved. under the terms of the .,ward and any other insurance which lh~ organization maintains in connection with the general conducl of its operations. This para~raph ooes not apply to insurance which represents fringe ben!.'fits for employees (oee paragraph 6.1, and 6,g.(1Jl. (1) Costs of irl3:Jrance ~~quired or approved, and maintained. pur~uuntto Ihe award are allowable. (2) Cosls of other insurance maintained b\' the org,mization in connectinn with the . general cnnduct of its opel'ations are llllowable subject to the fo11owin1; limilalions. (a) Types nnd extent of coveT11ge shall be in eccord'lnce with sound busine~~ practice and Ihe ra tcs and premiums shall be reason a bie under the circumstances, (bl Cost~ allowed for business interruption or other similar insurance shall be limIted to . f .. ...'.. I OHice of Management and Budget Circular A-122 (6/27/80) exclude covcragp. of munagp.m~nt fces, (c) Costs of insurance or of any pro"i~i()1l5 fDr a reserve covering the risk of luss or diill10ge 10 Government properly are ullowable onlv I() !he extent thaI Ihe orll~ni2.a:i!ln i~ Ji~ble for such loss or d;lmagl~, (el) Provisions for 8 res~rve under a 5C/f- ins:Jra:..:c prc.gram arp. allowablr. to the exll!ntthattr;>es of coverage, ext"nt of co',era'gp.. r~I,e~. and prcmiums woulll h,,,,p' bren allowed had i~surilnce been purchased to cov.:r the ri5ks, Howcver. provision for knnwn or reasonablv eslimu!ed scJ(-in~ured liubilities. which do 'not become payauie fnr more th~n one year after the provisior. is made s\';1I1I;ot exceed Ihe present vnlue of the !iability. Ie) Costs of inst:rance on the lives of trustep.s. officers. or other employees holding positions of similar responsi!Ji!ilies arc allo'.'..able onJy to the extent \.hut the insurance represents additional compensation (see poragraph 6). The cost of such in5urance when the o~anization is idenlified as the beneficiary is unall()w~ble. (3) Actual losses which could ha\'e been covered by pefl~lir.~ible insurance rthrouc:h the purchase of insurar:::c or a self-insurance program) are unallowable unless expressly pro\-ided for in the awarn, except: (a) Costs incurred because of losses not covered under nomin(!J deductible insurance coverage provided in kF'eping with sound business practice are allowable. (b] Minor losses not covered bv insurance. such as spoilage. breakee~. and' disappearance of supplies. which occur in the ordinary course of opt;:rations. are allowahle. b. Indemnifiea tion includp.s securing the organiza lion against Iia bilities ~o third persons and any other 105s or dameg'?. not compensated by in~ur;lI1ce or otherwise. The Government is obligated to indemnify the organiza tion only to lhe extent expressly provided in the award. 19. Interest, fund raising, and int1estment management costs. a. Costs incurred for interp.st. on borrowed capital or tempornry use of encowment funds, however mpresented. arc unallowable. b. Costs of organized fund raising. including financial campaigns, elJdowm~nl drives, solicitation of gifls and betjup.sts, and similar expenses incurred ~olelv to rai~e capital or obtain contributions ~re unallowable. c. Costs of investrmmt couns"! ar.d staff and similar expenses incurred soleh' to enh<lnce income from 1:1Ve~t:nenls ;re unallowa ble. d, Fund raising and investment ae:ivit;es shall be allocated an appropriate 51:arp. cf indirect costs under the conditions described in paragraph B of All<lchment A, 20. Lobar relations costs, Costs incurred in maintaining sa lisf uCtN\' re:ations be\'.'!een lhe organization and it; employees. including costs of labor ma;osgement r.ommittees, employee publications, and other relatee activities are allowable. 21, Losses on ather awards. Any excess of costs over income on any sward is unaliowable as a cost of eny olher award. Thi! incrudes, but is not limited to. the crger;:zation's contributed portion by reA~on of r.ost sharin~ ~grcemcnt~ or any underrecoveries lhrough negolla tion of Jllmp sums far, or ceilings on. int!ir~ct costs, ~2, !>!oill!enance and repair costs, Cns!s incurred for nr.cessary mainlenilnce. repair. or upkeep of buildings and eqllijtmelll find,aling Government properly unless o:herwi~e provideu for) which neither a,!u 10 the permanent I'a!up. of the property nor uppreciably prclong it~ intended life. lJUt ke~p it in an elf:;;;ent operillhg conodion, ilre nlin.".ah:e, Costs incmred for ir.'[1rfl\'cmcnls which Hdd 10 the perrn3nellt valoe of Ihe builC:ings and efjuipment or nl'prer..ialdy prolong their intended life shalloe treated as cu j'i tal expendil:Jres (see pu r:\gm ph 13J, ZJ, Moteria!.. and sllpplies, TIle cosl~ of materi<lls and sl:pplie5 necessary to cllrry out on I\waru arc a!:nwable. Such cosl~ should be chiirged at lheir actual prices afler deduCling ull cash di~counts, trode disr.ounls. rebntcs. and Ill!owances received uy the organizalion. \\'ithd:awals from genel al slores or stockrooms should be charged a I cost under any recognized method of pricing cOllsistenlly applied. Incorr.ing transrortation charges may ue a proper part of TfJutcrial cos~. Maleri:lls and sl/;>;>lics chargc,J'as a d.irect cost should include only the m:\terials and supplies actually used for the performance of the contract or grant. and due credit should be given for any excess materials or supplies retained. or returned to vendors. 24. Meetings. conferences. a. Costs associated with the conduct of meetings. and conferences. and include the cost of renling facilities. m~als. speakp.rs' fees. and the like. But see paragraph 12, Entertainment casts, an:! paragraph 29, Participant suppert casts. b, To the extent that these costs are identifiable ,,-ilh a particular cost objective. they should be cha:-gec to Ihat objective, (See paragrapb B. of Allachment A.) These cr:;sts are allowable provided that they meet thp. generultests of allowable. shown in Attachmer.t A to this Circular. c, Costs of meetings ar.d conferences held to conduct :he general administration of the organization are allowable. 25, MembershiPs. subscriptions. and professional activity costs. a. Cosls of the organizalion's membership in civic. businp.ss. technical and profp.ssional organiza lions are 6110wa ble. b, Costs of lhe organization's subscriptions to civic. business. professional. and technical periodicals are allowable. c, Costs of allendancp. at meelings and cClOferenees. ~ponsored by others when the primary p<Jrpose is the cissemination of \ed:nicol informa:ion. arc allownb!e, This induces costs of meals. tra'ls;,ortatrcn. and olher items incidental to sur.h altend'mce, 26. Organizotion costs, Expenditure~. such "IS incorpora:ion fees. brokers' iees. ices 10 promoters. organizers or management con5ultants. a:tome\'s. accountunls, ,.,r Inve~tment cOllnsel;rs. wh('ther or not en~I)loyees of the organization. in connection willi esl..biishment or reor!1ani~ation of on orgar.i<:ation. are unallowable except with prior apprevai of the awarding agency, 27. O"erl.:Jnc. extra-par sIr/fl. and I A-122:8 nJl1l:ish.....tr pr( :lIiunrs. PrcmiUln~ for o\:er\ioll>" e':tra-f1ilY sh,fIS, "n(i Inllllishift work arc 1,l;o""Lk nn,y wi:l. the prior ~Jlpro'dl of :l:c u \Va~d;nS; :'gency e).cepl: u, When lIl;ce~SMY \0 cope wi:h er.le~!;enc:ies. such ~~ :lIDSC lesulting frenl ~,.f:;,j",-.~~, natu,,,1 di~as\l'rs, brenkdowns of e'l"ipn'~nt. or 0Lc.1si'lniil o['eraljnn"l 1>:1111r!'~I:~S of" sporadic natu~e, h \'\'hcl1 c:r.lpio.\'e~s <lre perlurJi,infl indin:cl hmc\10lul sneh oS ildministrnlion. n~~lilJlrnancr., 01 n(.c(Jun~:ng. c, In thc ['"rforrnlldce: of lcsl~, L,bnralory ,pr,'n:Ju,es, ur other simii"r operations whiLn (lrt! cn;.t;nllOtlS in nature end cannol re:rs"n~~;~' ue illterr~lptcd or olhcrwis': COlll~I:~:!I'U. d, V.'hrn 111\'\"" overall cost lu the (;o',"('n:;l\Cllt will result. 20. Po.!'c r;hu0}c. in professiano! journols, Palle c1,arges for professional journnl publicnlivns arc allowable as 0 nece~sarJ' pari of research ~os:s, where: iI. The resc<:rch p"pers reporl work sUI'Pl1rteJ l..." lhe (;o\'ernmenl: and b, The c\;vrges arc levied impilrtill::y on "II n,st:ard, [:Jpcrs published bJ' the journal-. whelh.:.. O~ no: by Government.sponsorecl aulhnrs, Z!l. Por!iL'ifJo.'lt sllpport c~sts. Participant support costs arc direcl costs for it~ms such as stipend. or subsistence allowances, travel ,"iowanr.~s, Hnd registration fees paid to or on behalf vf participants or trainees rbut not employees) in connection with meetings. cnr.ferences, symposia. or training projects. These costs are allowable with the prior "pprovd of the awarding agency. 30. ru:cl;t costs, a, Ccsls cr (i) preparing clisr.lusures, reporls. and olher documents required by the a ,,'r,rd ,lIld of searching the art to the extend necessary 10 make such disclosures. (ii) prefiuring documents and an}' olher palenl costs ir. connection with the filing and prosecutior. of a Ur;ited statP.s p;de;ot :\pp!icoli-m where litle or royolly-free licllnse is rC!jll;l.:d by the Govarnm~nt to be cO:l\'cyed io Ihe Government. and (iii) genend cour.seli;;!: services reliiling to p<lleli~and copyright m~llers, such as odvice on pntenJ and copyribhtlaws, regula lions. clauses, Dnd employee agrc-cmenls arc allowable (bllt see pllr:lg~aph 34), b Cosl of prcparing discloslJres. reparls, aDd other doeumcr.ts ana of se<lrchiog lhe arl to the l'.xlenl neccssary to make disclosures. if not reqcired by the awnrd. ?re un"llowabk Costs in connection with [i) filing nnd proseculing IIn)' foreign palent application. or (iil any Uniled St;1tes pillent :'i)plicul;on, wllerc Ihe Hward docs nol re'll,ire cooveying title or a royalty.free license III the GVI'ernmenl. are unallowable (,,]so .ee parilr,raph 4J), 31. Pension pJ(1}~S, See paragraph 6. g, J2, Plcnt sec~'rit-" costs, Necessar)' expenses incurred 10 comply with Cover::ment security requirements or for fucilities proteclion. including wages, \lnifolms, and equipment of personnel ilre u!lDwuhle. 33. f'reo"'ord costs, Preaward cosls are those incurrcd prior to Ihe crfective date of ti,e <<w:rrd directly purslIuni 10 the . I Office of Management and Budget Circular A.122 (6/27/80) nefotiolion Bnd in anticipation of the 'lward wh',,, t' such costs is necessary 10 comply with :he proposed delivery schedule or period of perform:lrlCe, Such cosls Rre allowalJlc only lu ;he extent lhalthey would have been ~ilrl\\'alJle if incurred nfler the dRtr. of the 2Wcl'i1 and only with the wrilten approv;.! r.f the .,n~..iIrdillg ngcn~r. 34, l'rn[css ional serl'icc costs. a, Costs of profl'~sional and consultnnt services renclereJ by persons who arc r::f'''lben of R porticuliH profession or po~se5a o sJl~cjal skilL anJ who arc not officers or l'f'":i,ioyees of the organiziltion, arc a!lowable. ~ubject 10 U, c, and d. of Ihis puragraph when r"dSrllOalJle in r~lotion,tu the servin,s rendered and whe!\ not contingenl upon rec:ovcry of the co~ts frum the. Government. b, In del~rming the allowauility of r.osts in . particular case. no single fuclor or any special combination of faclors is necessarily delermimllive, However. the followilOg fm:lors are relevant: 11) The noture and scolle of the service rellllered in relution to the service required. (2) The necessity of conlrHcling for the sen'ice. considering the organization's c:1pahilily in the particulnr area. (:~) The past paltern of such costs, parlicularly in the years prior to Governmellt awarels. (4) The impact of Government aWards on the organization's business (i.e" what new prohlems have arisen). (5) Whether the proportion of Government work to the organization's totallJusiness is su.:h as to inOuence the organization in favor of incurring the cost. parliculariy where the services rendered are not of a continuing nature and have litlle relationship 10 work ur;der Government grants and conlructs, (6) Whether the service can be performed more economically by direct employment rulher than contracting. (7) The qUulifications of the individual or concern rendering the service and the cuslom:!r~' fees charged. especially on non- Government awards. (0) Adequacy of the contractual agreement for the scrvice (e,g" description of the service. eslimate of time required. rate of compensation. and termination pro\.i,ions). C. In uddition to the lactors in paragroph b above, retainer iees to the allowable must be Sllflflorted by evidence of bona fide services avoilnblc or rendered, d, Cost of legal. accountin!" and consulting ~cf\'ices, and reluted cosl~ incurred in conrl~ction with defense of antitrust suits; and the prosecution of clai.:ns a~ainstthe Gu\'ernmenl. are 11llilllowable, Cosl~ of legol. ac:;ountillg nnd consubng services. and relaled costs, incurred in conneclion ,,,'ith pa lent il,[ringl.?menl Ii tiga lion. org:1niza tion unel reorganization, are unallowable unless otherwise prcwided fo;: in the award (but see parngraph 47e], 35, Profits and losses on disposition of depreciable property or other capital assets. a. (1) Gains and losses on sale. retirement, or other disposilion uf ciepreciable properly shdl be included in the vear in which they occur as cred:'~ or charges 10 cost groupi~g[s) in which the depreciation applicable to such property was included, The amount :! the gain or loss 10 be inr.lueled as a credit ur d"'r,~e to the appropriate cost grollping(s) shull be the dilIercnce between the amount rl'nlized on the property ond the umJeprccialed basis of IlIe prOflerty. (2) Gair.s and losses on the disflositiun of def'reciablc property shall not be recognized (l~ a separate credit or charge under the foiluwing conditions, (i1) The ~:.in or loss is processed Ihrough u depreciation reserve acconnl and is r(;Oecleel ill the Jcpreciation ullowaLle under parugrapli 9. (1)) The property is given in exchaoge as pari of the purchase price of a similor ilem ond Ihe gHin or loss is taken into account in d,.,~crlTljllillg Ihe deprecialion cost basis of the new item. (cl A loss resulls from the failure \0 main tHin permissible insur:.nce. except as olherwise pruvided in pnragraph 10.:..(3). (e1) Compensalion for the use of the property was providp.d through use allowances in lieo of depreciolion in occord,lnce with paragmph 9, (e) Gains and losses arising from mass or cxtraordin:.rv sales. relirements, or other dispositions shall be considered on a case- b\"cR~e basis, 'b. Gains or losses of any nalure arising from the sale or exchange of property other than the property covered in paragrnph a. above shall be excluded in computing award- costs. 35. Public informaliun sen'ice costs, a. Public infarmalion service cosls include the cost associated 'wilh pamphlets, news releases, and other forms of information services. Soch costs. are normally incurred to: (1) Infurm or instruct individuals. groups. or the general public. (2) Interest individuals or groups in pnrticipHting in a ser'lice program of the Olgsnization. (3) Disseminate the results of sponsored and nonsponsored activities. b. Public info:ma lion service costs are allowable BS direct costs with the prior a;:proval of th.. awarding agency, Such costs aie unallowable as indirect costs. 3i. Publication and printing costs, a. publication costs include the costs of printing (including the proc('~<es 'of composition. plate-making, press work. binding, and the end products produced by s!.lch processes), distribution, promotion. mailin~, and general hanelling, b, If these costs arc not identifiable with a particular cosl objective. they should be allocated as indirect costs to all benditing acti\'itics of the organization, c. Publication and printing costs are unuiJowable as direct costs exceot with the flriur :.pproval of the awarding agency. d, The cost of page charges in journRls i~ addressed pRragraph 2B. 30, Rearrangement. and alteration casts, Costs incurred for ordinary or normal rp.arrangement Bnd alteration of facilities ore alluwable. Special arrangement and alteration costs incurred specifically for the project are allowable with the prior approval 01 thp. awarding agency. 39, Reconversion costs, Costs incurred in the restoration or rehabilitstion of the organlution'B fadlitim; to approximately the I A-122:9 same condition existing immediately prior to commencement of Governmenl awards. fair wear and lear excepted, lire allowable. 40, Recroillng costs. The {ollowing recruiting costs are allowable: cost of "help wanted" advertising. operating costs of an employment office, costs of operuting an edocational testing program. travel expenses including food and lodging of employees while enEaged in recruiling personnel. tra vel costs of applicants for ioterviews lor prospective employment. and relor.alion costS incurred incident to rp.cruilment of new employees (see paragraflh 41C), Where the organization uses employment agencies, costs not in exccss of staodard commercial rates for such services are allOWAble. 41. Relocation cosLs. a. Relocation costs ore cost~ inciJenlto the permanent change of duty assignment (for an indefinite period or for a sloled period of not less thon 12 months) of an exi~tii18 employee or upon recruilmenl of a new employee. Relocation costs ore allowoble, subject to the limitation described In parogrnphs b. c. ond d. below, provided thot: (1) The move is for the benefit of the employer. (2) Reimbursement to the employee is in occordance with on eSlablished written policy consistently followed by the employer. (3) The reimbursement does no! exceed the employee's actual!or reasonably estimated) expenses. b. Aliowable relocation costs for current employees are limited 10 the following: (1) Tne costs of transportation of the employee. members of his immediale family 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 to locale living quarters and temporary lodging during the transition period. up to a maximum period of 30 days. including advance trip time. (3) Closing costs. such 85 brokerage, legal" and appraisal fees. incident to the disposition of the employee's former home. These costs. together with those described in (4) below, are limited to B per cent of the"'sales price of the emplo}'cc's former home. . (4) The continuing costs of owoership of the vacant former borne after the settlement or lease date of the employee's new permanent home. such as maintenance of buildinEs and grounds (exclusive of fixing up expenses). utilities, taxes, and property insurance, (5) Other necessary and reasooable expenses normally incident 10 rcloca tion. such as the cos ts of cancellins an unexpired lease. disconnecting and reinstalling household appliailces. aod purchasing insuronce againslloss of or damages \0 personal properly. The cost of cancellins an unexpired lease is limited to threa times the monthly rental c. Allowable relocatioo cosLs for new employees are limited to those described io (1) and (2) of paragraph b. above. When relocation costs incurred iocidentto the recruitment of new employees have been allowed eitber ll.8 a direct or iRdirect cost and the employee re6ign.s for reasons within his .. I 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 share of the cost. However. the cosls of travel to an overseas location shall be considered travel costs in accordance with paragraph 50 and not relocation costs for the purpose of this paragraph Ii dependents are not permilled at the location for any reason and the costs do not include costs of transporting household goods. d. The following costs related to relocation are unallowable: (1) fees and other costs associ<'.led with acquiring a Ilew home, (2) A loss on the sale of a former home. (3) Co;]linuing mortgfllic principal and interest payments on a home being sold. (4) Income taxes paid by (in employee related to reimbursed relocation costs. 42, Rental costs. a. Subject to the limitations describen in pilrag~aphs b. through d. of this paragraph. rental cosls are allowable to the extent that the rates are reasonable in light of such factors os: renlal cosls of comparable property. U any; market conditions in the area; alternatives nvailable;and ihe type. life expectancy. condition. and value of the property leased. h. Rer.tal costs under sale and leasebal:k arrangements Rre allowable only up to the amount that would be allowed had the organization continued 10 own the property. c. Rental cas Is under less-than-length leases are allowable only up to the amount that would be allowed had title to the property vested in the organization. For this purpose. a less-than-arms-!ength lease is one under which one party to the lease agreement is able to control or substar.tiallv influence LlJe actions of the other. Such Jc~ses include. but are not limited to those between (iJ divisions of an organization; (iiJ organizations under r:ommon control througb common offi::ers, directors. or members: and (iii) an organization and a director, trustee. officer. or key p.mployee of the organi~a tion or his immediate family either directly or through corpora lions. trusts. or similar arrangements in which they hold a controlling interest. d. Rental costs under leases which creale a materialequily in the leased prop~rly are allowable only up to the amoun; that would be a!lowed had the organizalion purchased the property on the date the lease Bgreer::ent was executed; e,g.. dep~eciation or use allowances. maintenance. taxes. insurance bul excluding interest expense and oUler unallowahle costs. For this purpose. a material equity in the property exists if lhe lease in noncancelable or is cancelable on!v upon the occurrence of some remote - contingency and has one or more of the following characteristics: [l)The organization has the right to purchase the property for a price which <lIthe beg;nning of the lease appenrs to be substantially less than the probable fair market value at the time it is pennilted to purchase the property (commonly called a lease with a bargain purchase option); . (2) Tille to the property past;es to the organization at some time during or af:er the lease period: (3) The lenn of the lease (initial term plus period, covered by bargain renewal oplions. 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.1ically usable by one or more users. 43 rtoyalties and other costs for use of pOl .'.r and copyrights. a. ) .yallies on a patent or copyright or amortization of the cost of acquiring by purchase a copyright. patent. or right8 there 10, necessary for the proper performance of the award are allowable unless: (1J The Go\'ernment has a Iicensc Dr the right 10 free use of the potent or copyright. (2) The pa tent or copyright hos been adjudicated to be invalid. or has been administratively determined to be invalid, (3J The palent or copyright is considered to be unenforceable. (4) The palenl or copy~ighl is expired. b. Special care should be exercised in determining reasonableness where the royallies may have been arrived at as a result of less then arm's length bargaining: q;.: (lJ Royallies paid to persons. including corpora lions. affilin ted wi th the organi:a tian. (2) Royalties paid 10 unaffiliated parties, inCluding corpo!"ations. under an agreement enlered into in contemplation that a Government award would be made. (3) Royalties paid under an agreemenl entered into after an award is made to an organizalion. c.In any case involving a patent or copyright formerly owned by the organization, the amount of royalty allowed should not exceed' the cost which would have been allowed had the or~anization rctnined title thereto. 4~. Severance po)'. a, Severance pay. also commonly referred to as dismissal wages. is a payment in addition to re.~ular salaries and wages, uy organizations to workers whose employment is being terminated. Costs of severance pay are allowable only to the extent that in ear;h case. it is required b~: [i) law. (ii) employer- e:n;Jleyee agreement. (iiiJ est:)blished policy tha I con:;[itutes. in effect, an implied agreement en the organization's part. or (iv) circ::ms:a:lces of t::e particular employment. b, Cests of severanr:e payments are ai\'idetl into two catel!o~ies as follows: (1) Actual nonna: trunover EeVera:1ce payments sh~ll ue allocated to all activities; o~. where the organizo tion prnvides for a rC"erve for normal severances such method will be acceptable if the charge to current operali9ns is reasonal:,le in lisht of payments aClua)!)' made for normal sevp.rances over a representative past period, and if amellr.;, chur,,?d are allocated to all activilies of the orga:Ji1.alian. 12) Abnormal or mass severance p~y is of such a conjectural nature that mensuremenl of costs by means of an accrual will net achieve eq;Jity to bolh parties. Thus. accruals for this pl:'pose are not aliowable. However. the Government recogni7.c~i~6 obligation to participa!e to Ihe extent of its fair share. in nny specific payment. Thus. allowability will be considered on a case-bv-case basis in the event of occurrence. - 45. Specioli.~ed ser.'ice facilities, a, The costs of services provided by r.;;,hi~' A-122:10 complex or 'pecialized facilities ope~alcd by the organization. such as electronic compulers and wind tunnela, are allowable pro\'ided the charges for the services meet the conditions of either b. or c, of this paragraph and. in addition. take into accounl any items of income or Federal financing Ihat qualify as applicable credits untler paragraph A,5. of Attachment A. b. The costs of such services. when material. must be charged directly to applicahle uwartls based on actual usage of Ihe services on the basis of a schedule of rates or established methodology that (i) does not discriminate against federally supported acti\'ities of the organization. including usage by the organization for internal purposes, and (ii) is designed 10 reco\'er only the aggregate co,ts of.fhe services. The costs of each service sh,lIl consist normally of both its direct costs fInd its allocable share of all indirecl costs, Advanr.e agreements pursuant 10 parugraph A.G. of A ltHchment A are particularly important in this situation, c. ,^'here the costs incurred for a service Are not material. the)' may be allocated as Indirect cas IS. 1G. Taxes. a. In general. taxes which the organi1.3tion :s rcquired to pay and whdl are p,dd or ocr:rued in accord;;nce with generally accepted accounting principles. and payments mode to local governments in lieu ollaxes which are commensurate W;l.h the local government services received aTe allowable. except for (i) taxes from whi:;h exemptions are a\'ailable to the organization uirec,i\' or which are a\'ail"ble to Ihe organi~ation based on an exemption affr:rded the Government and in the laller case when the awarding agency make~ a\'ai:able the n~ce~sary exemption cerlifica ICE. (ii) special as~essmenl~ on land which represent capital i:nprovements. and (iiiJ Federal income taxes. b, Any refund olt~y.es, and any p~yment \0 the organization of interest thereon, which were allowed as award costs, w!ll be cretlited either as a cosl retluction or cash refund. as appropriate, to the Government. 47, Terminotion costs, Terminali6n of n wurtls generally gi\'c rise 10 the iricur~"i'l:C: of cas Is. or the neerllor specii'll treatment of costs. which would nol have arisen had the aW3rd not been terminaled. Cost prinr.iples c0vering these items ore set forth belew, They ore to be uscd in conjunclion with the 'olher provisio:1s of this Circul;u i!1 termination situations. a, Common items. The co,l of itenlS rcasona~ly usable on the organization's olher work shall not be allowable unless the orgnr.izalio!l submits evideoce thai il would nol re~ain such items al cost withou; sustaining a loss. In dedding whether such i! ems a~e reasona bly us:! ble on other work of the organization. the awartlil:g agency should consiuer the organi:>.ation's plans and orders lor currenl and scbeduled acti\'!l\', Contemporaneous purchases of ~ommon ilems by the organization sh,,1I bc regarded as evidence lhal such items are re~sonabl\' ,,,able on the organization's other work, Any nr.ceplnnce of common ilems as allocable to the te~minaled portion of the aware shall be limited 10 the extr:nlthatthr: rplf;ntiti,'" of . I Office of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on order are in excess of the reasonable quantitative requiremenu of other work. b. CasLs continw'ng after termination. U in a particular case. despite all reasonable efforts by the organiz.ation. certain costs cannot be discontinued immediately alter the effective date of termination. such cosu are genenJly allowable within the limitations set forth in this CirculIlI. except that any such costs continuing slter termination due 10 the negligent or willful failW"1l of the organization to discontinue such costs shall be unallowable. . . c. Loss of L'seful value. La!! of useful value of special tooling. mac::binery and equipment w~',-h wes not charged to tbe award as 01 c..:l;,..al ~xpenditure is generally allowable iI: i: ; Such special tooling, ma~inery, or eq, :,1ment is not reaBonably capable of use in lb'. "ther work of the organiz.ation. p The interest of ilie Govemme:lt is ;J:T ~r.lr.d by transfer of title or I.y other n1<':1:"I5 deemed appropriate by the awarding a'~' ncy: "Ii. Rental cosLs. Rental costs under u:"l:xpired leases are generally allowable \'. :'l!re clean'\' shown to have been n'.,~onably ;ecessary for the performance of I!,;: terminated award less the residual value 0: such leases. if (i) the amou:,t of BUch rental ci;,imp.d does not exceed the reaBonable use vabe of the property le~sed for the period of th~ ~w:Jrd and such further period as may be r~.,.;l)l:.:ble. and (ii) the organization makes all reasonable efforts to terminate. assign. sellle. or otherwise reduce the cost o! such lease. There also mav be included the cost of alterations of such le'ased property, provided such al:erations were necessan' for the performance of the award. and'of reasonable restor:; tion required by the provisions of the lea~e. e. Set/lement expenSBS. Settlement expenses including the following al? gem'rally allowable: (1) Accounting. legaL clcrical. and similar costs reasonably neCi:ssary for. (a) The pnpal"ation and presenta tion to awarding agency of settlement claims and supporting data with respect to the terminated portion of the award. tmless the lerminalior. is for defaulL (See parllgTaph -'I.a of Attachment L OMB Circular No. A-no; and [b) The termination and settlement of subawards. (2) Reasonable costs for the storage. lranspoT1atior_ protection. and disposition of property provided by the Government or acquired or produced for the sware.: except .....hen p-antees are n:imbu.~ed lor disposaL. al a predetermined amolillt in accordana: with Altachment N of OMB Ci.--cular A-DO. (3) indirect costs relaled to "danes and wages in~d as seltlernent expensC1l in subparagraphs (1) snd (2) of thu paragraph. Normally. such indirect cosu shall be limited to fringe benefiu. occupancy cosL and immediate supervision. l. Claims under subowara'.s. Claims under suba wards. including the alloca hie portion of claims which are common 10 the award. and to other work of the oTllani::.aUor. are generally allowable. An appropriate share of tha organization's indirect expense may be allocated to the amount of settlements with subcontractor/subgrantees; provided that the amount allocated is otherwise cvnsistent with the basic guidelines conlained in Attachment A. The indirect expense so allocaled shall exclude tha samB and similar cosls claimed directly or indirectly as seltlement expenses. 48. Training and education coaLs. a. Cosu of preparation and maintenance oC a program of instruction including but nol limiled 10 on. the-job. classroolIl. and apprenticeship training. designed 10 increase the vocational efiectivene51 ol emplllyec~ including training materials. textboob. salaries or wages of trainees (e.xcluding overtime compensation which might arise therefrom). and (i) salaries of the director of training and stall when the training program is conducted by the organiz.a tioo: or (ii) tuition and fees when the training is in an institution not operated by the organi:z.alion. are allowable. b. Costs of part-time education. al an undergraduate or postgraduate college leveL including that provided at the organization's own facllities. are allowabla only when the course or degree pursued is relative 10 the field in which the employee is now working or may reasonably be expected 10 work. and are limited to: (1) Training materials. (2) Textboolul. '(3) Fees chargell by the ttdncatilln..l institution. (4) Tuition charged by the educational inatitution. or in lieu of tuition. instructors' salaries and the related share of indirect costs of the educational institution to the extent that the SUI:: thereofis not in exce56 of the tuition which would have ben paid to the participa ting educa lional institution. (5J Salaries and relsted costs of instru.ctors who are employees of tha o~tioa.. (6J Straight-time compensation of ~ach employee for time spent Olttendi.ns class&<< during wcrr.mg hours Dot in excess of 156 hours per year and oniv to the extent that c'.rcumstan= do not permit the operation of classes or attendance a t classes after repllar working hours: otherwise such compew;ation is unaliowable. c. C"sts of tuition. fees. traini:Jg materials. and textbooiu; (but not subsistence. s..lary. or any other emoluments) in connection with full-time educatior~ including that provided at the organization's own facilities. at a postgraduate (but not underp-ao\:ate) college leveL are allcwable onl\' wheo the course or degree pursued is relale'd to the field in which the empiDyee is now working or mBY reasocably be expected to work. and only where the costs receive the prior approval of the awarding agency. Such coets are limiled to the costs attributable to a total period not to exceed one SdlOOi year for each employee so trainecL in unusu..l. cases the period mB y be extended. d. Costs of a tlendance of up 10 16 week." per employee per year at specialized program. specifically designed to enhance :he effectiveness of executives or ma=ger3 or to prepare employees for sucb positions are aliowabie. Such costs include enrollment I A-122:11 fees. training materials, textbooks and related charges. employee!' salarie~ subsistence, and traveL Casu allowable under this paragraph do not include tho~ for courses that are part of a degree-<>rienled cunicwwn. which are allowable only to the extent sel forth in b. and c. above. e. Maintenance expellSe. and nonnal depreciation or fair rental on facilities owned or leased by the organization for training PWl'oses an: allowable to the extent set forlh in paragraphs g, 22. and 42- f. C:lOtributions or donations to educational or training in~tltutions. including tl:e donation of facilities or other prope.rties. a nJ Bcholanhips or fellowships, are unallowable. g. Training and education costs in excess of those otherwise allowable under paragraphs "b, and c. of this paragraph may be allowed \O.'ilh prior approval of'the awarding agency. To be considered for approval. the organization must demonstrate that such costs are consistently incurred pursuant to an eSI;]blished training Ilnd education progrnm. and that the course or degree pursued is relative to the ueld in which the employee is now working or may reasonebly be expected to work. 49. Transportation cost.s. Transportation Celsts include freighL express. cartage. and poslage charges relating either to goods p\lrchased. in process. or delivered. These' costs are allowable. When such cosl! can readily be identified with the itelIUl involved. they tIlay be directly charged as transportation cosu or added to the cost of such itelllS (see p8.I1lgrnph 23). Where identification with the materials received cannot resdlly be made. tranJlportation cost! may be charged 10 the appropriate indirect cost accounts if the organiz.ation foHows a consistenL equitable procedure in this re~pe~t 50. Travel cosLs. a. Tra vel costs are the expenses for IrClI\sportation. lodging. subtlistence, and related items incurred by employees who are in ua vel status on official business of the organization. Travel costs are alloweble subject to paragrnpns b. througb e. below. wh~n they are directly attributable to specific work under an award or.are iricu.'Ted in the normal course of adminis Ira non of ths organization. b. Such costs may be charged on an actual b..sis. on a per diem or mileage basis in lieu of actual costs incu......ed. or on a combina lion of the tWo. proTided the method used results in chaTBes consistent with those normally allowed by the organiz.ation in its regular opera tions. c. The d.iIference in cost between first-class air acco=ociations and less than fuoH:la55 air accommodatiOn! is unallowsble except when less than fint-class air ac::oa'JIlodatio!l5 lL"'e not reasona bly available to meet necessary mission requirements. such as where less than first. class accom:nodations would (i) require circuitous routing. (il) requL-e c-avel during unreasonable houn, [iii) ~6 ti)' increase the dwation of the night. (Iv) result in additional costs ,':hich would offset the transDortaUon savings. or Iv) offer nccommodntio'ns which " . 1_- Office of Management 'and Budget Circular A-122 (6/27/80) are not reuonably adaqU8le k>r the medical 1~ds oC the traveler. d: Necessary and reawnabttl costs of family movements and penonnel movements af a special or mass na ture are allowable. pursuant to paragrapns 40 and 41. subject to allocation on the basis of work or time period 'aer:efiled when appropriate. Advance agreements are particularl)' impo~anl e. Direct charges for foreign travel costs are allowable only when the travel has rei:tlived prior approval of the awarding a.geney. Each separate foreign trip must be approved. For purposes of this provision. foreign travel is defined as any travel oUUlide of Canada and t~e United States and ils territories and possessions. However. for an organiza tion located in foreign countries. the lenn "foreign travel" means travel outside that country. [Circu1nr,No. A-l22J Attachment C Nonprofit OrganizatioDJI nol Subjed to this c'rc;ular Aerospace Corporation. EI Segundo. California Areonne Universities Association. Chicago. Illinois Associated Universities. lncorporated. Washington. D.C. Assooated Universities for Research and Astronomy. Tucson. Arizona Atomic Casualty Commission. Washinf:ton. D.C. Ba ilelle Memoriallns titute. Headqulirtered in Columbus. Ohio Brook.'Javen National Laboratory. Uptor. New York Center ior Energy and Environmental Reseerch (CEER). (University of Puerto Rico) Commonwealth of Puerto Rico. Charles Sta;k Draper Laboratory. lncorporated Cambridge. Massachusetts. Comparative Animal Research Laboratory (CARL) rJni\"e!"Sily of Tennessee). Oakridge. Tennr.:lsee Ln\"ironmentallnstitute of Michigan. Ann Arbor, Michigan Har.ford Environ.mental Health Foundation. Richland. Wash~on liT Research Institute. Chicago. illinois Imtilute for Defense Analysis. Arlington. Virginia Institute of Gas Technology. Chicago. IllinDis Midwest Research lnstir.Jle. Heacauanered in Kunsas City. Missouri . Mitre Co~poration. Bedford. Massachusetts Monto:!a Energy Research and Development Institute. Inc~ (MERDI), Butte. Montana ~a lional Radiological AstronolDY Observatory. Green Bank. West Virginia Oakridge Associated Universities. Oak..i~. Te:messee - hoject Management Corporation. Oak:idge. Tennessee Rand Corporation. Santa Monica. California Research Triangle L.'1stitute. Researc.h Triangle Park. North Carolina Riverside Research Institute. New York New York &endia Corporation. Albuquerque. New \~t'>Y;""'n Southern Rssean:h Institute. Blrml.ngham. Alabama Southwest Resean:h Institute. San Antoo1o. Texas SRI lntemational Menlo Park. CaillornJa SyraCUlle Rasean:h Corporation. SyraCla8. New Yorlc Universities Research A88ociatJon. Incorporated [National Acceleration Lab). Argonne. Dlinois Universities Corporetion for Atmospheric Research. Boulder. Colorado Nonprofillnsurance Companies such as Blue Cross and Blue Shield Organizatlons Other nonprofit organizations as negotiated 'Nith awarding agencies. (FR Doc. 110-= F1lrd 1-7-JlQ; a:.s ami ~ CODE JlllHll~ Editorial Corrections to OMS A-122 OFFICE OF MANAGEMENT AND BUDGET Circular A-122, "Cost Principles IOf 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 nonprofit organizations. 145 FR 46022, Juiy 8, 1980). FOR FURTHER INFORMATIOt-I COtfTACT: Palmer Marcantonio. Financial Management Branch. Office or Management and Budget. Washington. D.C. 20503. (202) 395-4773, . Page 46022, column 2 the second Paragraph 1. change Paragraph 5 "Compensa tion for Personnel Services" to Paragraph 6, . Paee 46022, column 2 the second Poragr~ph 2, change Paragraph 6 "Contingencies" to Paragraph i. . PagF 46022. column 3: Paragraph 4, change Paragraph 31, "Equipment and Other Capital Expenditures" to Paragraph 13, . Paragraph 5, change Paragraph 26 "Meetings" to Paragraph 24. . Paragraph 8, change Paragraph 27. "Organiz.ation Costs" to Paragraph 26. . Paragraph 7. change Paragraph 30 "Page cha:-ges in Professtional Journals" to Paragraph 28. . Paragraph 8, change paragraph 37 "Public Information Service Costs" to Paragraph 36. . Paragraph 9, change Paragraph 43 "Rental Costs" to Paragraph 42. . Paragraph 9a: in the fourth line. add "up" between the words "only" and "10"; in the sixth line change "they" to "it". . Paragraph 10, change Parugraph 51 "T-~'"p] Cnc:'c:;;" !n r;1rnCi~r11l ~(l -- _I -.--- A-122:12 . Page 40024, column 3 Paragraph 4(1\)(2) after "uencfits received" add "; or". . Page 4{,o25. column 1 Paragraph 83. change the reference "ParagrapJl 21 of Attachment B" to "Paragraph 19 of Attachment B." . Page 46026. column 1 Paragraph 4a.iii. in the sixth line. change "direct cosl" to "direct cas Is." . Page 46026. column 2 Paragraph Ele, change "e'stablishmenl of a rale" to "establishment of a final rale." . Page 46026, column 3 Paragraph E2b, in the thirtlline add the following after "a Federal agency shaU"-"submil its initial indirect cost proposal immediately," . Poge 4W2?, column 3 Paragraph (3)(0). change "workmen's compensation" to "worken' compensation," . Page 46028, column 1 Paragraph 6f3(b), (the second line of column 1) chunge "Workmen's compenS<ltion" to "workers' compensation." . Page 4(){J30, .column 3. paragraph 24b" the sixth line. change "allowable" to "allowability". Daniel F. MOOD, Dudgel and Management Officer, Irn Doc, ln~J Flied 3-1tHl1: 8.'4~ om) BILLING WOE Jl1lHll-M Circular A-122, "Cost Principles lor Nonprofit Organizations" Correction In FR Doc. 81-20270. appearing at page 46022 in the issue of Tuesday. July 13, 19(1(). the following changes should be made: 1. On page 46024. column three, tbe second sentence in paragraph 'A.5.b. should read. "Specifically. the concept of netting such credit items against: related expenditures should be applied by the organization in detenninins the ra tes 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 part, by Federal funds," 2, On page 46024, column three, the second complete sentence in paragraph /\.5. should read, "This is particularly true in connection ",'ith organizations tha t receive a preponderance of their support from Federal agencies," 3. On page 46025, column one. paragraph B.2, should read. "2. Any dircct cost of a minor amount may be trca ted as an indirect cost for reasons or practicality where the accounting trcatment for such cost is consistently 1l[1[1Jil'd 10 nIl final r:o~t ohi('r:tivp.~." ,. ",1 , I , Office of Management and Budget Circular A-122 (6/27/80) A-122:13 4. On page 46025. column ODe. paragraph B.4.f. should read. "f. Administration of group benefits on behalf of members or clients including life and hospital insurance. annuity or retiremenl plans. financial aid. etc." 5. On page 46025. column two. the fir~t sentence in paragraph D.l.e. should read. "The base period for the allocation of indirect costs is the period in which such costs are incurred and aCC\lmuleted for allocation to work performed in that period." 0, On page 40026. column one. the second sentence in paragrnph D.3.d should reod. "The costs in the common pool shall then be distributed to indi\'idual awards included in thot func~!on by use of a single indirecl cost rale. 7. On page 46020. column one. the first senlence in puragraph 0.3.e. should read. "The distribution based used in computing lhe indirect cost rate for each function may be lotal direcl costs (excluding capitlil expenditures and other distorting items such as major subcontracts and subgrants). direct ::alaries and wages. or other base which results in an equitable d'islribution." 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 organiza lions' generally separate their costs into thrp.e basic ca tellories:' . .." 9. On page 46026. the last sentence in column one (extending to column two). in paragraph 0.5. should read. "The factors may include the physical loca tion of the work. the level of administra tive support required. thll na ture of the facilities or other resourCllS employed. the scientific disciplines or technical skills im'olved. the organizational arrangements used. or any combination thereor." 10. On page 46026. column three. paragraph E.2.i. should read. "i. To the extent that 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 timely manner." 11. On page 46030. cdJumn one. the introductory text of paragraph 16.b. and paragraph 16.b.(1) should read. "b. The costs of idle facilities ore unallowable except to the exlentthat: (1) They are necessary to meet Ductua lions in workloilds: or". 12. On page 46030. column one. the second sentence in paragraph 16.c. should read. "Such costs are allowable. provided the cilpacily is reasonably antir:ipaled to be necessary or WIIS originally reasonable and is nol subject to reduction or elimination by sublelling. renting. or sale. in accordance with sound business. economics or security praclices," 13. On poge 46031, second column. paragraph 34,c. should read. "In addition to the factors in paragraph b. above. retainer fees to be allowable musl be supported by evidence of bona fide services available or rendered," ~llUNO cODE lSOS-01-f>1 "