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AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (5) .l_ I I AGREEMENT FUNDED UNDER THE CLEARWATER COMMDNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into as of the 1st day of October. 1988, by the CITY OF CLEARWATER. Florida, a political subdivision of the State of Florida, hereinafter referred to as the .CITY., and ERVIN'S ALL AMERICAN YOUTH CLUB. INC.. as further identified in Appendix A. hereinafter referred to as the .PSA", and included the Appendices attached hereto. WHEREAS, the City has agreed with the United States Department of Housing and Urban Development to conduct a Community Development Program, hereinafter referred to as the .Program". with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended. hereinafter called the "Act., and WHEREAS. the City of Clearwater Planning & Development Department. hereinafter called the "Department", will act in behalf of the City in conducting the Program, and WHEREAS, the PSA provides a program as identified in Appendix A of benefit to low and moderate income residents within the City of Clearwater and proposes to perform the work and carry out the specific services as identified in Appendix A hereinafter referred to as the .Project., and desires federal financial assistance through the City to effect this proposal, and WHEREAS. the City finds the project to be meritorious and in fulfillment of the purposes of the Act; THEREFORE. the parties agree as follows: 1. The PSA shall. in a satisfactory and proper manner as determined by the Department, conduct the Project outlined in Appendix A. 2. The term of this agreement shall commence on October 1. 1989, and terminate on September 30, 1990, unless earlier cancelled as provided herein. The agreement may be extended for up to one additional year upon the request of the PSA and the written authorization of the City Community Development Manager. The need and merit shall be at the determination of.the Manager. The Department may issue written or oral instructions to clarify any other details or provisions of this Agreement. Such instruction must be within the intent of the project and not be of such nature to affect cost or period of performance. 3. The City representative with the PSA as regards conduct of services under this contract shall be the Community Development Manager and the PSA's services shall be carried out under the supervision of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds in accordance with the award to be paid with Community Development Funds included in Appendix B. Funds shall not be obligated when payment has been suspended or terminated pursuant to paragraph 19 hereof. Any funds which the Department determines were not properly expended shall be refunded to the City. 5. The PSA shall comply with the provisions of OMB Circular A-110. provided in Appendix G, and with the provisions of OMB Circular 122. provided in Appendix H, or the appropriate successor documents of these documents. The PSA 10/1/89 Rev. 10/6/89 1 .., (d t f I I ~ PSA shall permit the City to audit the PSA's financial operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the Project are subject to review by the City. 6. All subcontractors under this agreement shall be approved by the City. 7. All purchases of consumable. capital equipment and services shall be in confonmity with the Procurement Standards set forth in OMB Circular A-110. Attachment O. Accountability for project property and equipment shall be in accordance with the requirements therein set forth. 8. The City agrees to make payment of budgeted costs on a reimbursement basis. Requests for payment shall be as specified in Attachment B. No advance payments shall be made to the PSA. All costs and invoices for request for payment shall be supported by properly executed payrolls, time records. invoices. contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks payrolls, invoices. contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the agreement shall by clearly identified and readily accessible. Final request for reimbursement hereunder shall be submitted within 30 days after completion of all services to be perfonned by the PSA and the City shall not be responsible for payment of any charges, claims or demands hereunder not received within said thirty day period. 9. The PSA shall upon the expiration of this agreement transfer to the city any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. Program income funds are excluded from this provision or and are provided below. Program income funds shall be retained by the PSA so long as the activities that will be undertaken with the program income 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 fonn of repayments to. or interest earned on a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (2) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. 10. The City shall retain custody upon termination this agreement of any and all property purchased with Community Development Funds. "Property" as used in this Paragraph shall 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 with federal funds so long as the property is used for the purposes described in Appendix A. When no longer used for such purpose, the City shall assume custody of the property upon written notice to the PSA. Upon purchase and receipt of property, the PSA shall submit to the Department a Property Receiving Report. Stolen, lost or returned property shall be reported PSA 10/1/89 Rev. 10/6/89 2 ,.t 1 I I .../ ~~~ immediately upon termination of this agreement, the PSA shall submit in a Property Report a physical inventory of all property purchased with Community Development Funds. The report shall also contain a verification of the existence and current used and location of the property, and, if applicable, the continued need for the property. No real or personal property or custody thereof purchased with such funds shall be disposed of, transferred, assigned, or loaned by the PSA without prior written consent of the City. 11. For any real property under the PSA's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must; (1) Be used to meet one of the national objectives in Section 570.901 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (2) . Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the valued attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503..Q 12. Nothing in this agreement shall be construed to permit invasion of the privacy of individuals who are served by the project, nor shall this agreement be construed to require the PSA to publish or release information to third parties which would invade the privacy of such individuals. Information obtained by the Department as required by this agreement shall not be used or disclosed in such a way as to invade individual privacy and client relationships, unless Florida law pertaining to public records requires disclosure of said information. 13. The PSA shall obtain prior written approval by addendum to this agreement for any of the following changes: a. Substantial changes in the project work plan. b. Changes in any budget line item. 14. The PSA agrees to fully participate in the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to. quarterly (or more frequent) reports on progress toward the goals listed in Appendix A, periodic submission of data reports which will be used by the Department for inclusion in the Annual Grantee Performance Report. periodic monitoring visits by the Department for conformance with this agreement, and continuing assessments of performance hereunder. PSA agrees to comply with evaluation and information requirements of the Department. A final report shall be submitted by the PSA within 30 days after the end of the contract term. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-110 or the appropriate successor document and in accordance with generally accepted accounting principals and standards where these principals and standards are not in conflict with A-110 or its successor. PSA agrees to modify or correct said systems in accordance with he City's requirements. PSA 10/1/89 3 .,.;. -, I I 16. PSA shall maintain such records and accounts as are deemed necessary by the city to assure a proper accounting for all project funds. All such records shall be available for audit, inspection or copying purposes at any time during normal business hours and as often as the City. HUn, and/or representatives of the Comptroller General of the United States. or other federal agency. may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits. supporting documents, statistical reports and client files. PSAwill comply 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 in order to take custody of the records. The city may, at any time, on written notice to the PSA take custody of any and all records established under this Agreement. 17. The PSA shall hold and save the City, its officers. agents, and employees harmless from liability of any nature or kind, including costs and expenses. for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any persons or property resulting in whole or in part from the negligent performance or omission of any employee, agent or representative of the PSA. 18. The PSA shall not assign any interest in this Agreement without the prior written consent of the City. 19. The City may suspend, withhold. or terminate payment of the project, in whole or in part. for cause or convenience. Cause shall included the following: a. Use of funds that does not follow project guidelines. b. Failure to comply with any te~ or condition hereunder. c. Refusal to accept conditions imposed by HUn. d. Refusal to accept conditions imposed by the City. e. Submittal of reports which are incorrect or incomplete in any material respect. f. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of HUn funds necessary for continuation. g. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. If the City suspends payment. it shall advise the PSA and specify in writing the actions that must be taken as a condition precedent to the resumption of payment and specify a reasonable date for compliance. 20. Both parties will use their best efforts to ensure that services under this Agreement are provided so as to best meet the needs of residents with priority to those residents who reside in the Community Development target areas. The PSA shall make every effort to assure that a minimum of two-thirds of those persons receiving services hereunder are low and moderate income. 21. No person with responsibilities in the operation of the project will discriminate with respect to any project participant because of race. color, national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race. color, PSA 10/1/89 Rev. 10/6/89 4 f f ;. tfational origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race. color, national origin or sex, as set forth in Other Program I I Requirements in Appendix D. (CFR 570.601). 22. No resources provided through this Agreement shall be used to have the primary effect of advancing religion, nor shall any goods or services provided through this Agreement be provided in a pervasively sectarian manner, as required by the First Amendment of the Constitution of the United States. All activity under this Agreement shall be consistent with specific conditions for religious organizations as established by the United States Department of Housing and Urban Development. 23. The PSA will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other identifiable ties. Prior to requesting any continued project funding beyond the term covered by this Agreement or for a new public services not covered by this Agreement, the PSA shall attempt to secure other local, state or federal funding and/or private funding for such project. The PSA will not as a result of receiving funding for the Project reduce its support for other similar services already being provided by the PSA in the area of its operation, and will, in fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA will not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal. state or local governments. 24. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the HUD regulations issued pursuant thereto, attached hereto as Appendix E. 25. The PSA will comply with Equal Employment Opportunities Executive Order 11246, as amended. attached hereto as Appendix F. 26. The PSA will comply with applicable federal law and regulations, including but not limited to: National Environmental Policy Act of 1969; Flood Disaster Protection Act of 1973; HUD Implementation of the Lead-Based Paint Poisoning Prevention Act; Clean Air Act; Historic Preservation Requirements of P.L. 89~656 Archeological and Historic Preservation Act of 1974; Executive Order 11593; Architectural Barriers Act of 1968; Hatch Act; Federal Water Pollution Control Act; Federal Labor Standards provisions and the Davis-Bacon Act; The Civil Rights Act of 1964; National Flood Insurance Program; PSA 10/1/89 5 ~ t r ) ;, I I , ~ll 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/~~ ATTEST: ~~ Rita Garvey Mayor-Commissioner c:~ Oi[A;;6L- Ron H. Rabun City Manager ATTEST: Approved as to form & correctness: ('r~ ~~,o~.Q... _. . G.'l7nai:...e.'-. ...Gcuideau -. ;-- . "J _,_ _ _ ___ --= :City-1tlerk ':.- . ~ -',~ .....- ~~'-.~ /- PSA 10/1/89 6 Ii I Agency: Ervin's Youth Club Year: 1989 - 1990 APPENDIX A Identification of A2encv and Snecific 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. FL 34617 Agent: Ervin A. Harris. Executive Director 813-443-2061 PROGRAM OF AGENCY Ervin' s Youth Club primarily serves minority neighborhood and provides self-development athletics, tutoring, motivational counseling, Parental involvement is encouraged. youths in the North Greenwood and self-awareness training, and related youth activities. SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT I. Facility Expansion The existing facility at 1250 Holt Avenue will be expanded by an approximately 20 ft. x 50 ft. addition and will include two new shower rooms and other improvements to the facility. Heating and air conditioning are not included, but may be included if there are remaining funds after the expansion is exterior-and-interior-finished. Project will be completed in cooperation with the Clearwater Parks and Recreation Department. II. Operating Support Ervin's All American Youth Club will continue general operation of the youth activities as noted above and will continue to improve administration of the program including on time, accurate reporting and responsiveness to standard institutional data requests. There will be at least 500 actual "sign-in's" each month, where a "sign_in" is a child/youth signed in no more than once in a day. There will be at least 3 different programs. such as tutoring, motivational classes. organized sports. open recreation, or counseling, during each month. Monthly reports will be provided. I I, (can't) APPENDIX A AGENCY: ERVIN'S YOUTH CLUB SCHEDULE I. Facility Expansion Facility expansion will be completed as specified in the paragraph numbered on page 1 of this Agreement. II. Operating Support A. This is an on going program and the SPECIFIC SERVICES as noted above will be provided for each and every month of the agreement. B. Monthly reports will be received by the City Community Development Office within 10 days of the end of the month. C. Special data requests will be responded to in such a manner as to have the response received by the City within 15 calendar days, subject to the request being of reasonable limited scope. I I ~, t j , I Agency: Ervin's Youth Club Year: 1989 - 1990 APPENDIX B Proiect Award I. Facility Expansion Facility improvement funding of up $24,000.00 will be provided for building expansion, insulating. tiling. and normal exterior and interior finishing. other needed improvements, and if there are funds remaining for assistance with heating and air conditioning. TOTAL $24,000.00 II. Operating Support Operating support of up to $11,500.00 will be provided for personnel, equipment and supplies, and other operating expenses. No payment will be made until all reports are current at any point. Consistent delays in meeting periodic reporting requirements may result in delays in processing payment request. TOTAL $11,500.00 GRAND TOTAL $35,500.00 I I , , 'J APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests for reimbursement shall be supported by proper invoices. payrolls, checks, receipts, and other documentation as requested. Any program income shall be submitted to the CITY through the DEPARTMENT at least Quarterlv. Fees collected, if any, shall be reported but are not to be construed as program income. Requests for reimbursement shall not be reduced by any program income received. " .. . ..~ ,,:,1::',,"-'" , r , J Subpart K-0ther Progrllm Requirements I 570.&00 GeMrAI (u) Seclion 1(H(b) tr the Act provides Ihot sn)' grant under ~eclion lOG of the Act 6hull be!T. ,c' nly if the grantee certilies '\0 the stltisfuction of the Secrela'ry. smol18 other thinp. thnlthe grgnl "wilf lie.conducted and administered in conlormity with Pub. L M-352 and Pub. L. 00-2B-l." and. further. thai the granlee "will comply with lhe other provisions of this title and with other applicable laws." SectioD 10-l(d)(1) of the Acl requires thai the Secretary dt:termine with respect to grants made pursuant 10 section l00(b) (Entitlement Grants) and 106(d)(2)(B) (HVD- Administered Small Cities Grants), at leasl on an annual basis, among other things. "whether the grantee has carried outlits] certifications in compliance with the requirements and the primary objectives of this title and with other applicable laws. . . ." Certain other statutes are expressly made applicable \0 /Ictivities assisted under the Act by the Act ilself. while othcr laws not relerred to in the Acl may be applicable 10 zuch activities by their own terms. Certain statutes or Executive Orders which may ue applicable \0 activities assisted under the Act by their own terms are administered or enlorced by governmental departrnenu or agencies other than the Secretary or the Departmenl This Subpart K enwnerales laws which the Secrelary wiD \reat as applicable to grants made under section 106 01 the Act, other than grants 10 . \ APPENDIX D OTJbR PROGRA}1 REQUlRE~lliNTS Stales made pursuanllo section lOG(d) of the Act. for purp06es 01 the determinations described above to be made hy the Secretary under 6Cction l04(d)(l) 01 the Act. including 6tatutes expressly mode applicable by the Act and certain other statutes and Executive Orders for which the Secretary hos enlorcement respon~ibility. The absence of menlion herein of any olher stalute ' lor which the Secretory docs not ha ve direct enlorcement responsibility is not intended to be luken 8S an indication Ihat. in the Secretary's opinion, such statule or Executive Order Is not applicable to activities Dssisted under the Act. For lows which the Secretory willlreat as applicuble to granls made to Slates under section lOO(d) of the Acl for purposes of the determination required 10 be made by the Secre lary pursuant \0 section 104(d)(2) 01 the Act. see I 570.'1%. (b) This Subpart also sels forth certain additional program requirements which the Secretar)' has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to srants made pursuant to section 100(b) and lOG(d)(2}(B) of the ,I\ct (Subparts D and F of this Part. respectiJ'ely), the ' requirements of this Subpart K are applicable to grants'made pursuant to sections 107 and 119 of the Act (Subparts E and G, respectively). ~ 570.601 Pub. L 88-352 and Pub. L !Xl- 2B~; Executive Order 11063. Section 10-l(b) of the Act provides that any grant under section 106 of the Act shall be made only if the granlee ce'rtifies to the satisfaction of the Secretary that the grant "will be conducted and administered in conformity with Pub. L 88-352 and Pub. L. 90-284." Similarl\'. sectioD 107 provides that no gr~nt ma}' be made D-l .1 under that lection (SecretarY'1 Discretionsry Fund) or section 11 9 (UDAG) without Istisfactory aS6urances 10' the 8ame effect. (a) "Pub, L ~52" relerl \0 Tille VI of the Civil Rlghtl Act 011004 (42 U.S.C. 2()(x><:f eIIeQ.), which providez that no person In the United Statel shnll on the ground of race, color. or national origin, be excluded Irom pnrticipa tion In, be denied the benefits of. or be suLjected to discriminstion under any program or acllvlty receiving Federal financial assistance. Section 502 01 the Civil Rights Act 01 190-\ directs each Federal depo.rtment and Bgency empowered to extend Federul financial assistance to any program or oclh'ity by way 01 grnnl to effectuate the foregoing prohiLition by issuing rules, rcgulations. or orden 01 generol opplicobiliry which sholl be consistent with achicvement of the , slalule authoritirro the financial ussi6lance. HUD regulallons implementing the requirements 01 Title VI with respect 10 HUD programs are contained in 24 crn Pari 1. ' (b) "Pub. L 9O-ZM" relers \0 Tille VIII of the Civil Rights Acl 011968 (42 U.S.C. 3G01 ~I &eq.), popularly blown as the Fair Hou6ing Act. which provides that it is the policy of the United Stales to provide, within constitutional limitations. for fair housing throughout the United States and prohibits any person lrom discriminating in the sale or rental of housing. the rmsncing of housing. or the provision of brokerage services, Including in any WilY making unavailable or denying a dwelling to any.perllon. because of race. color. religion, &ex. or national origin. Title V\I1 further requires the Secretary to administer the programs and activities relating to housing and urban developmentln Il manner alfinnalively to further the purposes of Tille VIII. Pursuant to this statutory direction. the Secretary reqwres that grantees adminisler all programs and actiyilies relaled to housing and community developm~nt in a manner to affinnlllively further flJir housing, (c) Executive Order 11003. os amended by Executil'e Order 12259, directs the Department 10 lake all ;!ction necessary and appropriate 10 prevent discrimino lion because of race, color, religion (creed), aex, or national origin. in the sale. leasing, rental. or olher disposition of residentiul property and related facilities (including land to be developed for residential use), or in the use or occuponcy thereof. if BUch property and related facilities are. omong olher things, provided in whole or in purt with the Ilid of loans, iJd\'ances, granls, or cuntributions lI~rce\Lto be made by the Federul Government. HUD rcgulutions implementing Executive Order 11003 are contained in 24 erR Pari 107. ~ 570.602 Secllon 109 of the Act. (a) Section 109 of lhe Act requires that no person in the United Slates shall on the ground of race, color, na tional origin or sex. be excluded from participation in. be denied the benefits of. or be subjected to discrimination under. any program or activity funded in whole or in part with community development funds made available pursuant to the Act. For purposes of this section "program or activit{' is defined as any function conducted by an identifiable administrative unit of the recipient. or by any unit of governme~t. ~ubrecipient. or private contractor receiving comlnuni!)' development funds or loans from the recipient. "Funded in whole or in part with communi I)' dev'elcpment funds" means that community development funds in a:1Y amQunt in the form o[ grants or proceeds from BUD' guaranteed 10an6 have beery.,transferred by tr.e recipient or a subrecipient to an identifiable administrative unit and disbursed in a program ;;r activity. (b) Speclfic discriminatory actions prohibiJed and correcth'e actions. (1) A recipient may not. under any program or activity to which the .-.~ -. I .1 \ regulutiuns of thi~ Pari may apply directly or throufh contractua: or other Ilrran~l'mcnts. on the ground of rllce, color, nu lional origin, or sex: (i) Deny all)' [acilities, scr\'ice6, financiul/lid or other benefil8 provided under the program or activity. (ii) Provide on)' facilitie~, eervices, financial aid or olher uenclits which are different, or are provided in a different form from thut provided 10 olhers under the progrllm or activity. (iii) Subject 10 se.gregated or separate treatment in any fucility in, or in all)' muller of process relotc;d to receipt of any 8ervice or benefit under the progrum or aClivity. (iv) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities. services. finoncial aid or other benefits under the program or activity. [v) Treat an individual differently from others in determining whether the individual aa tisfie8 any admission, enrollment. eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, 8ervices or other benefit provided under the program or activi:v. (vi) Deny an opportunity to participate in a progr<lm or activity as an employee. (2) A recipient may nol utilize criteria or methods of administration which have the effect of subjecting individuals to discrimina tion on the basis of race. color. nlllional origin. or sex, or have the' effect of defeating or substantially impairing accomplishment of the oujectives of the program or activity with respect to individuals of a purticular race, color. national origin. or sex. (3) A recipient. in determining the site or localion of housing or facilities provided in whole or in part with funds under this part. may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of. or . subjecting them to discrimination on the B-2 ground of roce, color, national erigin. flr 8ex: or wlaich have the purpo~e or effect of defl'atinj:t or sllbslantis\ly impairing the acr:umplishment of llae objectives cf the Acl /lnd of this seCtion. (4)[i) In administering s program or aclivity funded in whole or in parl wilh CDnC funds rcgardinR which the recipient has previously discrimino led against peT60ns on the ground of race, culor. national origin or sex. the recipient must tuke affinnative action to ovcrcome the erfects of prior discrimination. (ii) E\'en in the absence of such prior discrimination. a recipient in adminislcrinR a program or activity funded in whole or in part with CDI3C funds should tuke affirmative Dction \0 overcome the effects of conditions which would othcrv..'ise result in limiting participatiun by persons o[ a particular race. color, national origin or sex. Where previous discriminotory practice or usage tends. on the ground of race, color. national origin or sex, to exclude individuals [rom participation in, to deny them the benefits of. or \0 subject them to discrimina tion under any program or activity to which this parI applies. the recipient has an obligc;tion to take reasonable action to remove or overcome the consequences of lhe prior discriminatory prllctice or usage, and to accomplish the purpose of the Act. (iii) A recipient shall not be prohibited by this part from laking any action eligible under Subpart e 10 ameliorate an imbalance in service6 or facilities provided to any geographic area or specific group of 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 aection. nothing contained herein shall be construed to prohibit any rfl.cipient from maintaining or constructing aeparate living facilitie~ or resl room facilities for the different sexes. Furthennore, selectivity on the basis of sex is not prohibited when inslitutiona] or custodial services can I J I ') APPENDIX E SECTION 3 CLAUSE -I \, " T/lE FDLLO\HNG SECTION 3 CLAUSE SHALL IlE INQ.UDED IN ALL CONTRACTS FOR \.,lOR}( IN CONNECTION \.,lITIi A SECTION 3 PROJECT: A. The\.Jork to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the l~partment of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, l2 U.S.C. l70u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lover income residents of the project area and contracts for vork in connection \.lith the project be a\.larded to business concerns \.lhich are located in, or o\.ffied in substantial part by persons residing in the area of the project. B. The parties to this contract vill comply vith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of /lousing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution or this cont ract. The parties to this contract certify and agree that they are under no contractural or other disability \.Jhich vou1d prevent them from complying vith these requirements. C. The contractor \.Jill send to each labor organization or representative of vorkers.vith vhich he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization of \.Jorkers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment ort raining. D. The contractor vill include this Section 3 Clause in every subcontract for \.lork in connectiqn \.lith the project and \.lill, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 eFR. The contractor \.lill not subcontract \.lith any subcontractor \.lhere it has notice or kno\.lledge that the latter has been found in violation 'of regulations under 24 CFR, and \.lill not let any subcontract unless the subcontractor has first provided it \.lith a preliminary statement of ability to comply vith the requirements of these regulations. E. Compliance \.lith the provisions of Section 3, the regulations set forth in 24 eFR. and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Feder!l financial assistance provided to the project, binding upon the applicant or recipient for such assistance, it6 successors ,and 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 eFR l35. E-l NOT! CE APPENDIX F 01.-:QUlREMENT FOR AITIR~TlVE ACT] ENSURE EQUAL EMPLOYMENT OPPORTUNITY TO (EXECUTTVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and t..'1e "Standard Federal EquAl Employment OpportunJ.ty ConstrUc- tion Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all const-~ction work in the covered area, are as follows: A. Goals for Female Utilization, All Trades: AREA COVERED Goals for Women apply nationwide. GOALS AND TIMETABLES Timetable Goals (percent) F:::-om Apr. 1, 1978 until Mar. 31, 1979.... 3.1 From Apr. 1, 1979 until Mar. 31, 1980. . . . 5.1 From Apr. 1, 1980 until Har. 31, 1981. . . . 6.9 B. Goals for P~noritv Utiliza~ion: TAMPJl.-ST. PETEP..5BtffiG, FLA., AREA Area covered: P~llsborough, Pasco, and Pi~ellas Counties, Fla. Goals and Timetablesl Trade Goal (percen t) All. . . . . . . . _ . . . . . . . . . . . . . . _ . . .. 17.9 IFor the life of the project. ~nese goals are applicable to all the Contractor's const-~ction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's co~?liance wi~ the Exec~tive Order and t..'1e regulations in 41 CTR Part 60-4 shall be based on its i~plementation of t..~e Equal OpportQ~ity Clause, specific affi=mative action obligations reauired by F-l \ the specifications let: fort..'1 in 41 CFR 60-4.) (a), a1 \ts efforts to meet the goals established for tbe geographical area ...:he t..~e conuact resulting from this solicitation is to be performed. The ho~s of w~nority and fem31e employment and training must be substantially ~,iform tbroughout the length of t..~e contract, and in each trade, and tbe contractor shall c.a.ke A good fai th effort to employ w~nori ties and ....omen evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for t..~e sole purpose 0f meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in ~1 CFR Part 60-4. Compliance ....ith t..~e goals ....ill be measured against the total ....ork hou=s performed. 3. The Contractor shall provide \.'Ti tten notification to the Director 0: the Office of Federal Contract Compliance Programs ....ithin 10 ....orking days of a....ard of any construction subcontract in excess of SlO,OOO at any tier for constrUction work under tbe contract resulting from d1is solicitation. The notification shall list t..~e name, address and telephone number of the subcontractor; employer identification number; estir~ted dollar amount of the subcontract; estimated starting and completion dates of the subcontract I and the geographical area in ....hich the contract is to be perfo~ed. 4. 1'.s used in this Notice, and in the contract resulting from this solici ta tion,' the "covered area" is Pinellas County, ~lorida. 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follo....s: 1. Tne contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Tne contractor ....ill u0~e affirmat~ve a~tion to e~sure t..~at applicants are employed, and that employees are treated d~ing employment ....it..~out regard to their race, color, religion, sex, or national origin. Such action shall include, cut not be limited to the following: Employment, upgrading, demotion, or transfer; recrui t:Jnent or recrui ment advertising; layoff or terminatipn, rates of payor other fo~s of compensation; and selection for training, including apprenticeship. Tne cont=actor agrees to post in conspicuous places, available to employees ana applicantS for employ- ment, notices to be provided setting forL~ the provisions of this non- discrimination clause. 2. The contractDF ~ill, in all solicitatio~.s or advertiseDents for employees placed by or on behalf of ~~e contractor, state L~at all oualified - .. applicants ....ill receive consideration for er.ployment \.'i thout regard to . race, color, religion, sex, or national origin. 3. The contractor ~ill send to each labor ~~ion or representative of ~orkers ~ith ~hich he has a collective bargainir.g agreement or other contract or ~derstanding, a notice to be provided advising the said labor union or ....orkers' represer.tatives of the,contractor's co~tm~~ts under this section, and shall post copies of t..~e notice in conspicuous places avail- able to employees and applicants for employment. F-2 c \ The contractor ....illl:...~1ply ....:th all provisions of [xel _lve Order 11246 of September 24, 196':5, and of the rules, regulations; and relevant orders of the Secretary of Labor. , 5. The contractor ....ill furnish all information and reports re~red by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and ....il1 permit access to his books, records, and accounts by L~e a~~nistering agency and the Secretary of Labor for' purposes of inves tiga tion to asceru.in compliance ....ith such rules, regulations, and orders. 6. In the event of the contractor's non-compliance ....ith the nondiscrimination clauses of this contract or ....ith any of the said rules, regulations, or orders, this contract may be canceled, terminated, or s~pended in ....hole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted constrUction contracts in accordance ....ith procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by la..... 7. l~e contractor ....ill include L~e portion of the sentence ~ediately preceding paragraph (1) and the provisions of paragrapp~ (1) L~ough (7) in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of E,xecutive Order 11246 of September 24, 1965, so that such p:r:-ovisions ....illbe binc.ingupon each subcontractor or vendor. The contractor will take such action ....ith :r:-espect 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~le event a con~actor ~ecomes involved in, or is threatened ....ith, litigation I..'i th a ~ubcontractor or vendor as a resul t of such direction by t.~e administering agency, the contractor may :r:-equest the United States to enter into such litigation to protect the interests of the United States. ST.7J.,NDl-.RD FEDERAL EQUAL EHPLOY1-L'""NT OPPORTUNITY CONSTRUCTION COh'TRACT SPECITICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means L~e geog=aphical area described ~n ~~e solicita- tion fro~ ....hich this contract resulted. b. "Directo:r:-" means Directo::, Office, of Federal Contract COI:1pliahce Progr~~, Onited States Department of Laber, or any person to ....hom the Director delegates authority. c. "E!J:ployer identi.:ication m::rr.be.r" mea!'~ the Federal Social Security nurrber used OD ~~e tu.ployer's Quarterly Federal Tax Retu=-n, O. S. Treasury Depar:::nent Fo=m 941. c. "P.J.nority" includes: F-3 \ (1) Black (all plrsons having origins in any of ~~ Black African racial groups not of Hispanic origin)} (2) Hispanic (all persons of Mexic~, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regarcless of race) I (3) Asian and Pacific Islander (ell persons having origins in any of the original peoples of L~e Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alas};an Native (all persons ha\'ing origins in any of the original peoples of Nor~ America and maintaining identifiable tribal affiliations through member- ship and participation or community identification). 2. h~enever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction 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- plicable goals for minority and female participation and which is set forth in thesolici t.a tions from which this contract resulted. 3. If the Contractor is participating (pursuant 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 ~nd timetables) shall be in accordance with that Plan for those trades ~hich have unions participating in the Plan. Contractors must be able to demonstrate their participation in and ccmpliance wiL~ the provisions of any such Borneto~ Plan. Each Contractor or Subcontractor participating in an approved Plan is indi viduall:! required to comply wi th its obliga tions under .the EEO clause, and to make a good faith e'ffor-c to achieve each SlOal UJ1Cer the Plan in each trade in ~hich it has employees. The overall good faith perfo~nce by o~~er Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failu=e to take good faith efforts to achieve the Plan goals and time- table. 4. The Contrac-cor shall implement the specific affirmative action standards provided in paragraphs .7,a through p of these specificatior.s. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hou=s of employment and training of minority and female utilization the Contractor should reasonabiy be able to achieve in each const-ruction trade in-vnich 'it has employees in the covered area. The Contractor is e^~ected to make substantially uniform progress to~ard its goals in each craft during the period specified. 5. Nei ther the pro\ris ior.s of allY collective bargaining agreement, nor tbe failure by a Q~ion wi~ whom G~e Contractor has a collective bargaining agreement, to refer either minorities or wom~ shall e>:cuse the Contrac- tor's obligatiors Q~der these specifications, Executive Order 11246, or the re~~lations promulgated pursuant thereto. F-4 .6. Ir. oree:: f::= ~-Je ;-;c;I....'~.=,:..:.~:~ :..:a':"'::.:...ng :-l2~S c':' c.i--.,t.;"~~'._""":""~'::' c...;.~ .__':"~~_.,'~'':J to be Cou...ted in meeti.\t.'1e goals, such apprentices ~nd t=ainees must. be employed by the C~~L Jctor during ~~e training pe:il and the 'Contractor must have xlade a commitlnent to employ the a rentices 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. Tile Contractor shall take specific affirmative actions to ensure equal employment opportuni ty. TIl.e evalua tion of the Contractor' 9 compliance ....i th these si'ecifica tions. shall be based upon its effort to achieve maximum resul ts from its actions. The Contractor shall docUJl1ent these efforts fully, and shall implement affirmative action steps at least as extensive as the follo....ing: a. Ensure and maintain a ....orking environment free of harrassment, intimidation, and coercion at all sites, and in all facilities at ....hich the Contractor's employees are assigned to ....ork. The Contractor, where possible, will assign two or lIlore.....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, ....ith specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recrui OIlen t sources, provide wri tten notifica tion to minori ty and female recruitlnent sources and to community organi=ations ....hen the Contractor or its unions have emplo:~ent opportunities available, and maintain a record of ~~e organizations' response~. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a rec~i~ent source or communi ty organi za tion and of wha ~ 'action ....as taken ....i ~~ respect to each such individual. If such individual was sent to t.~e union hiring hall for referral and was not referred back to ~~e Contractor by ~~e union or, if referred, not employee by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. '\ d. Provide immediate written notification to the Director when the union or unions with which the Cont=actor has a collective bargaining ag~eement has not referred to the Contractor a ~~nority person or woman sent by the Contractor, or when the Contractor has othQr information that the l.:.11ion referral p::ocess has impeded .the Con~acto::'s efforts to meet its obligations. e. Develop on-the-job training opportl.:.11ities and/or participate in training programs for the area ~hich expressly include minorities and women, including upgrading progr~s and apprenticeship and trainee programs relevant to ~~e Contractor's employment needs, especially those programs f~~ded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training progr~~ and requesting L~eir coopera- tion in assisting the Contractor in ~eeting its EEO obligations; by including it in any policy ~~nual and collective bargaining agreement; by F-5 I . " \ .I publicizing it in the company newspaper, ~nnu~l report, etc.; by specific review of the policy with ~ll management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location ....here constrUction Io.'ork is performed. g. Review, at least annually, the company's LEO policy and affirmative action obligations under these specifications Io.'ith all employees having any responsibility for hiring, assignment, layoff, termina- tion or other employment decisions including specific review of these items wi~. onsite supervisory personnel such as Superintendents, General Foremen, etc., prior 'to ~~e initiation of construction Io.'ork at any job site. 1\. written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject n~tter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any ~dvertising in the newS media, specifically including minority and female news media, and providing written notification to and dis.:ussing the Contractor 's EEO policy with other Contrac- tqrs and Subcontractors ....ith whom 'the Contractor does or antici- pates doing business. i. Direct its recrui ment efforts, both oral and written, to minority, female and community organizations, to schools wi~'1 minority and female students and to minority and female recruitoent and training org~,izations serving the Contractor's recruitment area and employ- ment needs~ Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above describing G'1e openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minerity persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site"and in other areas of a Contractor's workforce. k. Validate all tests and other selec~on resuirements where L~ere is an obligation to do so ~~der.41 CFR Part 60-3. 1. Conduct, at least annually, an invento~ and evaluation at least of of all ~nority and feffiale persor~el for promotional oppor~~ities and encourage ~~ese employees to seek or to prepare for, through appropriate training, etc., such oppornL~ities m. EDSure that seniority practices, job classifications, work assign- ,ments and other personnel prac~ces, do not have a discrimi.:1a tory effect by continually monitoring all personnel a:1d employment related activities to ensure that the ~o policy and the Contractor's F-6 obligations uncle) these specifications are being .f .iied out. n. Ensure that all facilities and company activities are non- segrated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and rr~intain a record of all solicitations of offers for subcontracts from minority and female consL~ction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and 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 participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-colIlIIlunity, 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 jn the group, makes every effort to assure that the group has a positive impact on the employment of minorities a~d wOwen in the indus L;', ensures that the concrete benefi ts of the program axe 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 documentation which demonstrates the effective~ess of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for ~~norities and a separate single goal for women have been established. The Contractor, however, is required to provide equal emp~oyment opportunity and to take affirmative action for all minority groups, both male and fe~~le, and all women, both minori~ and non-minority. Consequen".:ly, t.:'1e Contractor may be in violation of the Executive Order if a particular group is employed in a substan- tially disparate manne= (for example, even L~ough the Contractor has achieved its goals for women generally, the Contractor rr.ay be in violation of the Executive Order if a specific minority group o~ women is underutilized). 10_ Tne 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=:t debarred from Government contracts pursuant to Executive OrdE;r 11246. F-7 "12. The Contrac~or shll... carry out: such sanctions and ,- .1 ties for violation of these specificatior~ and of the Equal Opportunity Clause, -including sus~ension, 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 i t.s obliga dons under these specifica tions, shall implement specific affirmative action steps, at least as exten- sive as those standards prescribed in paragraph 7 of L~ese specifica- tions, so as to achieve maximum resul ts from i.ts efforts to ensure equal employment opportunity. If the Contractor fails to comply ....ith the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance ....ith 41 O'R 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related acti vi ty 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, const...ruction t=ade, uni'on af:ilia tion if any, employee identification number ....hen assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours ....orked per ~eek in the indicated trade, rate of pay, and locations at ~hich the ~ork ~as performed. Records shall be maintained in an easily understandable and retrievable form; ho~ever, to the degree that existing records satisfy this requirement, contractors shall not be required to ffiaintain separate records. 15. Not..1)ing herein provided shall be const:::ued as a limitation upon the application of other la....s ....hich establish different standards of compliance or upon the application of requirements for t..~e hiring of local or other area residents (e.g., those under t..~e Public Works Employment Act of 1977 and '~e Comm~~ity Development Block Grant Program) . .. F-8 I .I APPENDIX G OMB Circular A-llD .. I -, Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND BUDGET general revenue sharing. 103.ns. 102.n gUR.rantees, or insurance. and (c) direct payments of any kind to individuals, b. The term "reci~ient.. includes the following types of nonprofit or!(aniza- lions that are receiving Federal funds from a Federal 8~ency 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- \'ate nonprofit organi7.ations such as (but not limited tol commlU1ity ;l..ction agen- cies, research institutes, educational as- sociations. and health centers. The term does not include foreign or interna tional 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 nre de-, signed as federally-funded resenrch and developmen t centers, 7. RCQucsts lor cxccptLons.-The Office 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 maximum uniformity, exceptions from the re- quirements of the Circular v:ill be per- mitted only in unusual cases. Agencies may apply more restrictive requirements to a class of recipients '\1/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'Cleposltorles, Attachment B BondIng and Insurance, Attachment C Retention and custodial re- qulremen'l.S for records, Attachment 0 PrO{:ram Income, Att..chment E Cost shnrlng ..nd m"tchlng. Att&chment F Standards for flnanclal man- agement systems. Attachment G Flnancl,,} reportIng require- ments. Attachment H MonitorIng and reportIng progr..m performance, Attachment I Payment requlr~mp.nts, Attachment J Re\.islon of finnnclal plans, Atta.chmen.~ K Closeout procedures, Att"chment L S,uspenslon nnd terminatIon procedures, Attachment M Standard lorm for applying lor lederal assistance. Attl\chment N Property management stand- ards. Attachment 0 Procurement standards, [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 establishments. 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 consisten- cy and unJformity among Federal agen- cies In the administratlon of grants to. and other Il€reements with, public and private Institutions of higher educatlon. public and private hospitals, and other Quasi-public and private nonprofit or- ganizations. This Circular does not apply to grants, contracts, or other agreements ,between the Federal Government and units of State or local governments covered by Federal Management Cir- cular 74-7. 2. Effective date.-The standards in the attachments to this Circular v,'ilJ be applied as soon as practicable but not later than January 1,1977. 3. SUPeTsession.-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 grants. 4. Policy intcnt.-The uniform stand- ards and requirements included in' the attachments to this Circular replace the varying and often conflicting require- ments that have been imposed by Fed- eral agencies as conditions of grants and other agreements v,'ith recipIents. 5. Applicability and. scoPc,-Except as provided belO"w, the stancL9.rds promul- gated by this Circular are applicable to all Federal agencies, If any statue ex- pressly prescribes policies or speCific re- quirements that dilTer from the st.and- ards provided herein, the proviSions of the statute shall govern. The proviSions of the attachments of this Circuiar shall be applied to subre- cipients performing substantive work under grants that are passed through or awarded by the primary recipient if such subrecipients are organizations de- scribed in paragraph 1. 6. Definitions. a. The term "grant" means money or property provided in lieu of money paid or furnished by the Federal Government to recipients under programs that pro- vide financial assistance or that prOVide support or stimulation to' accomplish a public purpose. The term "other agree- ments" does not Include contracts which are required to be entered into and ad- ministered under procurement laws and regulations. Grants and other agree- ments exclude Ca.) technical a.ssistance programs, which prOVide services instead ~, ...... ~ '""' ~- 9. Exceptions lor ccrtain recipLcnis.- 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 notified in writing as to: a. Why the additional standards are being imposed; b, what corrective action is needed. Copies of such notifications shall be sent to the Offlce of Management and Budget and other agencies funding that recipient at the same time the recipient 10. Rcsponsibilities,-Agencies respon- sible for administ.ering programs that in- volve !;rants and other agreements with reCipients shall issue the appropriate regulations necessary to implement the provisions of this Circular. All portions of sueh regulations that involve reeord- keeping and/or reporting requirements subject to the proviSions of the Federal Reports Act and OMB Circular A-40 must be submitted to OMB for clearance before being introduced into use, Upon ,request all regulations and instruetion~ implementing this Circular shall be furnished to tlle Office of Management Rnd Budget. Agencies shall also desig- nate an official to serve as the agency representative on matters relating to the !mplementa tion of this Circular. TIle name and tltle of such representative shall be furnL~hed to the Office of Man- ~gement and Budget not later than Au- gust 30. 1976, I L InQuirics.-Purther information concerning this Circular may be obtained by contracting the Financial Manage- ment Branch. Budget Review Division. Office of Management and Budget, Washington, D.C. 20503, telephone 395- 3993. JAMES T. LYNN, Director. ATrACHMF:NT A,~IRCULAn No, A-lID CASH DEPOSITORIES 1. ThIs attachment sets 10f'th 6tandards governIng the use 01 banks and ottler In- stltutlons as cJeposltorles of lund", "d.anced under grants and other agreement.s, 2. Except lor sItuations descrIbed In I'an- graphs 3. 4. and 5, no Federal sponsorIng agency shall: a, Require physical segregation 01 cash de- positories for funds which are provided to a recipient. b. Establish nny ellslblllty requlr.ement.s for casb deposltorle..s lor funds which are pro- vided to a recIpient, 3, A separat.e "ank a"count shall be require ,,'hen applicable letter-of-crcdlt agreements provIde that dr8wdowns will be mr.de when the re<:lplent'6 checks are presented to the bank lor payment. 4. Any moneys advnnced to a recipient ,,'hlch are subject to th~ contrt>l., or regula- '.Ion 01 the UnIted States or any 01 Its otlkers. q;ents or employecs' (publiC moneys is de- fined In Tressuf\' CIrcular No, 1.76, as amended) must be. deposited In a ban'k wi th Federal Deposit Insurance Corporation (FDIC) Insuro.nce coverage nnd the halance exceeding the FDIC coverage must be col. latually secured, 5, Consistent wIth the national I;oal of expanding the opportunities for minority buslnes' enterprises. recIpients and "lib. recIpients shall be encouraged 'to use minor. Ity banks (a bank ":hlch Is o"'ned at least 50 percent by minority group members), ATrACHMI:NT B,-CIRcot.AR No, A-ll 0 BONDING ^ND INSURANCE: :. This attachment sets lorth bonding nnd Insurance requlrement.s lor grants and other agTecments ,,1th reclplent.s. No other bond- Ing and lru;urance requlremen,t.s shail be Im- posed other than those normally required by the recipient. 2. Except as otherwise required by la,,', " grant or other agreement that requires the contractIng (or subcontractlnr) for con- stn.lc>tlon or fnc1l1ty lmprovement5 shn.ll pro. ,__ - . '\-. ^ - ~ _' _' _._. . I. (,_",........,. "" I Office of Management and Budget Circular A-110 (7/30/76) quire menU; relating to bid gur.ranteelS. per- torma.nce bOnds, and payment bOntU unlees tbe construcLlon contrsct or subcontract ex- uedB UOO,OOO. ror those oollltract.6 or oub- contr-e.ct.a exceeding '100.000, the rederal agency may accept the bOnding policy and requlrement.a at the grantee provided the Tederal agenc)' he.s made'.. determlnaLlon tbat the Government'. Interest ~ adequately protected. It auch a determination has not been ma.de, the minimum requlrement.s ohall be as tollowa: a. A tnd VUClTantu jrom ecu:h b!d4.cr equiv- alent to JIve ptTcent oj the btC prtce,- The "bid guarar\Jtei!" .hall cons1Bt 01 a firm commltment ouch as a bid bOnd. cerUfied cbeck, or other negotiable Instrument ac- companying a bid M assurance that the bid- der will. upon acceptAnce or his bid. execute ouch contractual documenl.8 ... may be re- quired within the Ume opeclfied. b. A perjormance bond on the part oj the con t rcu: tor lor 100 percent oj the c=trcu:t "P'"lce,-A "perfoimAnce bond" Is one executed In connection with a contrnct to secure tul- fillment or &1J the contractor'. obllgatlono under ouch contract. c. A. payment bcm4 on the part oj the con- trcu:tor jar 100 percent OJ the e=trcu:t pril:e.-A "payment bOnd" Is one exeeuted In connection with a contract to 68sure pay- ment ... required by law or all persons .up- plying labOr and material In the execution or the ....ork provided tor In the contract. 3. Where the Pederal Government guaTl>n- teell or IIlllu~ tnt. repayment or money bOrrowed by the recipient. the Federal ageney, ..t It.! discretion, may require aee- quate bonding &nd lnsur..nce 1! the bOnc1lng and Insurance requlrement.B or the recipient are not deemed a.dequ..te to protect the In- terest at the Peder..1 Government. 4. The l"ecl.eral .poDBOrlng e.gency may re- quire a.dequate fidelity bOnd covere.ge ,,'here tbe recipient bs.s no cover&ge and the bOnd ~ needed fto protect the Government.o Interest. 5. Where bOnds are requlred In the oltu..- tlons descr1Ded abOve. tbe bOnds ohall be ob- tAined trom comp&nles holding certlficate<5 at authority ... acceptable .urdl.. (31 CPR 223) . AnAeRJoO:I'''''' C,--CncuLAJI No. A-110 &. rn: N'T'ION' A N"D C"O BTODIAL ILLQ U1lL.X' .La NTS roa aJ:COIlDB 1. Th~ attachment aet.e forth record reten- tion requlrement.6 tor ~&nt.! and other &gree- ment.a with reclplent.a. Federal oponaorlng "l>"ncles "h&1l not Imp05e any record reten- Uon requlrement<! upon rec1plent.a other than thO&e described below. :/, ExceRl: lor paragraph 1. thl. l>tt.achment a1M> applies to .ubreclplents .... reterred to In po.ragn.ph 5 at the bs.slc circular, 3. Plnancl&1 records. oupportlng document<! .u.tlBtlc&1 records, and all otber record.. pertl: nent to an "bT'=emen t sh&11 be retained tor a periOd at three yelUll, wIth the to\) 0""1 06 qUll.ll:lcatlOIlll: L It any lltlgatlon. clalm or audit Is BLarted berore the expIration at the 3-year periOd. the rooorclll sh&11 be ret.alned untll all lltlgatlons cl"ImJ;, or audIt finl11ngs Involving the recor~ hav. bei!n Te80lveQ b, Recomo tor n~nexpend"ble pfO?erty ac- qUire<! Wlt.h F'eclenJ tunclll aball be retaIned tor S yelUll a.!ter It.> final dl8po<!ltlon c, Wben rN'.ord. r.re transterred U, Or maJn- talned by tbe Federal gpoll&Ortng ageocy the 3-y=r retention requlrement 18 not app'llca- bl. to tb. recIpient. ~. The retention period StA.--tIs trom the elate at the .ubnua.lon at the Ilnal upendJ- t~ report or, tor !;T&Dt.! and other &gree :"eot.a tbat are T'eoe....ed a.nnually, tram th: no t.e of the RubmlsBlon of the a.nnull.l Clcl,,1 .t.&ttu report, 6. IWclplent organIzations should be au- thorized b)" the rederal sponsoring ,,€ency. It the)' 60 desire, to substitute mlcrofilm copies In lieu 01 onrlnal records. 6. The P'ederal spon80rlng ,,€enq' shall re- qUellt tranaler or certain records to It.a cus- tody trom recipient organlu.tloDB wben It determlnell that the recorclll po.osess long- term retention value. However, In order to avoid dupllcate record -keeping, a Federal apoD&Orlng agency may make arrangement.6 \\11h recelplent organlzatloDB to r.taln any records that are continuously needed tor Join t use. 7. The head of the Federal .ponserlng ,,€en- cy and the Comptroller General at Ihe United St.ate6, or an)' or their duly authorlud repre- oentatlves. .hall h8ve access to 1Ul}' pertinent book.5, documentB, papero. and recorda of the reCipient orglLn.lzatlon and their .ubre- clplentB to make a.udlt.6, examlnatioru;, ex- cerptB and tranocrlpt.6, 8, Unl..... otherw1Be required by la"', no Pederal opoDllOrlng agency ...'>all pla.ce re- strlctlOD8 on recipient organlZBtlOD8 tb..t wlll 11mlt publlc access to the recorc1.!l at recipient organizatIons that are pertinent to a grant or &greement except when tbe agency can demonstrate that auch records must be kept con.tldentl&1 and would h.ve been excepted tram d~cl06ure pUrBUJl.nt to the Freedom of Intorma.tlon Act (6 U.S.C, 652) U the recorc1.!l ha.d belonged to tbe Federal sponsoring &gency. A'l:TACHIoaNT D.--Cmct1LA1 No. A-llD PIlOGIlAl>( INCO>4X 1. P'ederal 'poDBOring &g'Oncl... ahall apply the .tAndarc1.!l .et torth In thla att&cbment in requiring recipient organizations to 1LCC0unt lor progrIUD Income related to proJect.B lln.anced In ,,'bole or In part w:lth Pederal lunde. PTognun Income repreeent.6 gTOlll! In- come earned by tbe recipient lrom the ted- erally .upported activities. Such earnings ex- clude Interest earned on advances a.nd may Include, but wlll not be limited to, Income tram aervlce teell, .ale of commod1tl.... uBAge or rent.al 1_, and roy&1tles on patent<! IWd coprlgbtll. 2. Interest earned on a.dV&DCCS or Federal tunds abaU be remitted to the l"edual agency ercept lor lnterest earned on adn.noes W Su.tee or IIllltl'\llnrn.t&1It1ee at " St.&te all pro- vided by the Intergoverrunentl>l Cooperation Act at 1968 (Publlc L.a.w ~77). 3. Proceedo tram tbe &ale ot r-.I and per- BOnal property either provIded by the l"ed- eral Government or purch....ed In wbole or In part w:lto Pederal tunds. .h&11 be handled In a.ceoro&ncc w:lth Atu.Cbment N to tblB cir- cular pertaining to property mana.gement. (. Unlese tbe &greement provides other- wlBe, reclplentB sball bave no obligation to the F'eclerll.l Government w:ltb respect to roy&1t1es received .... a result at copyrlght.B or patent.B pnxluced under the gr&Dt or other agreement (se<: P~ph 8. Attachment N). 5. All other program Income earned dur106 the project period shaU be ret.a\ned by the recIpient a.nd, In accordL"lCe ,,'Itb the grant or other &greement, .hall be: a.' Added to tunds cOmmJtt.ed to the proJ- ect by tbe Federal sponsoring e.gencv and recipIent organization and be UBed to t~rther ellglble pfOGTam obJectlve6; b. Uaed to Ilnance the non-Federal share at tbe project wben approved by the Pederal 8pODBOrt06 &geocy: or c. ~ucted tram the total project C06ts In determinIng the net oe>au, on ....hlch the l''ederal share at C06ts wll1 be baaed. ATrACSWrN'r E,--CDtCUl.AJt No. A-II0 COST 8 H...l.1Df C AN n U A TC HtN 0 1. Tb~ att&chment set.B torth criteria Procedur.... tor the allo....bUlt, at CAJ',h J A-110:2 and n:1d In-kind contributions maee by reclplentB or subreclplent.s (Il-S reterred to In plU'a~aph 5 01 the bulc circular), or third parties In oat- t&lylng COBt .harlng and matchIng requlre- ment.6 at Federal sponsoring agencies. Thl. ..ttacbment aloo esu.bl~h.. crIteria tor the evaluation at In-kind oontrlbutlons maee by tblrd partie., and ,upplement.s tbe guIdance set torth In Federal Management Circular 13-3 ....1l1h respect to cost sharing on teder- al1y-oponsored rese..rch. 2. The tollowlng definitIons apply tor the purpose at th16 atu.chment: ... Project costs ,-ProJect coot.s are all &1- lo....nble costB (&5 set torth In the appllcnble Federal cost principles) Incurred b)' a recipi- ent and the value at the In-kind contrlbu- tlODll made by the recipient or third parties In accomplishing the obJective. or tbe grant or other agy-eement during the project or PrO- g",m perIod, b, Cost sharln" aM T714tchln".-ln general, cost abo.rlng and matching represent that portion at project or program coot.6 not bOrne by the FeCleral Government. c. Ccuh e=trlbuttons,--ClUih contributions tepre5Cnt the recIpIent'. c....h outlay. lnclud- Ing the outlay at money contributed to the recipient by non-Pederal thIrd pr.rtl.... d. In-kind contrtbutkms.-ln-klnd contrl- butlOnB repreBent the value at noncash con- tributions provIded by the recIpIent and non-Fede",l tblrd partIes. Only ....hen au- t1borlzod by Federal legl.latlon. may property purchs.sed wltb P'ec1eral lunde be considered ... tbe reclplent.o In-kJnd contribution.. In- kind contributions may be In the torm at cbargee tor re&1 property &nd non-upand- able personal property, and tbe nJue or goods and servlceJl directly benefiting and 8pecUically Identlfia.ble to the project or program. 3. General guidelines tor oomputlng cost .harlng or matcblng are &5 10l!oWll: a. C.o8t &har~ or mAtching mAY co1Ulst at: (I) Cbargea lncuTTed by the recipIent ... project COStll. (Not &11 cha.rges requlre cash outla)'ll by the recipient dur1ng 't1be project period; examples AN: depreclat.lon and U8e charges tor bulll1l.np and equipment.) (2 ) Pro J eet C06 t<! fi na.n ced 'Wi th c:a.sh co n - trlbuted or donated to the recipient by other non-Pederal public a.gencl.es and l.n.8t1tutlons, ..nd private organizations &nd IndlvlduaU. and (3) Project C.Q6t.B repre8ented by ...rvl.... and real and pen.ona.1 property, or use there- at. donated by otber non-Federal publlc &gencl.. &nd IIllltltutlons, &.od pr\l;'ate ofK1'- nlzatlons &nd IndJv1duaU. '\ b. All contribution&, bOth cash &nd 1n- kInd.. &ball be accepted ... part at the recIpi- ent'. coet ah&:1Dg ..nd mAtching wben Buch contrIbutIons meet a.1I 01 th'e tollOwUll; criteria : (1) Are vertnabl. lrom the recipient'. records; (2) Are not Included... contrlbutlOIlll lor any other tederally-.......l.ted program; (3) Are nec......ry ..nd retlJ>Onable tor prop- er ..nd e:nclent ..ccompUahment ot project ObJectiVes; (4) Are types of charges that would be ..1- lo",.,.ble under tbe applicable C08t prlnclplee; (5) Are not paid by the F'ecler..l Govern- ment under another 1Ul81rt&oce a.gn>em.Bnt (unles. the agreement ~ authorized by Fed- eral Ia.... to be ue.ed lor COlrt .hulng or IDA tch- Ing); (6) Are provided tor In the approved budg- et when requlred by the F'ecleral &geocy: and (7) Conlorm to other provisions at th~ .. ttlLChment. ~, Va.lues tor recIpient in-kind contribu- tions wUl be ...tabl1.wed In a<:cordance w:lth the a.ppllcr.ble C08t princIples. 6, Sr><-cl1lc procodu"", tor the reclpl..ntB In f"!'t./I.hJ1."\hlnt" th..- ~n.J"f" of lT1-'t"1n('\' N""':it.i1hl1- I Office of Management and Budget Circular A-110 (7/30/76) tlons from non -Federal third partles are set lorth below' fL. Valuation 01 volunteer .l:Ocrl'iccs.-VoluJ1- teer services mar be lurnlshed by prolesslon,.} and technical personnel, consultants, nnd oth"r skilled nnd unskilled labor, Volunteer services may be counted as cost shnrlng or mfltchlng 1! the sen'lee Is nn'lntegral and necessary part 01 nn approved proi:ram, (I) Rate~ lor tlOlllll/rer serviee,~,-Rates lor voluntccr~ Rho\lJd he' consistent with those paid for slmllnr work In the reeipient.s organl.,atlon, In those Instnnees In which the required skIlls arc not. lnund In the recipient orgnnl.,ntlon, rates should be consistent with those paid lor slmllnr work In the Inbor mar- ket In which the recipient competes lor the kind 01 services In\'olved, (2) VOl1l7ltcers -:ml'loyed. by olltcr orya7li- zntio7l.s.-Vlhcn nn employer other than the recipient furnishes the sen'lees 01 an em- ployee. these services shnll pc valued at the employee's regulnr rnte 01 pal' (exclusive 01 Irlnge benefits "nd overhend costs) provided these servIces are In the same skill tor which the employee Is normally pnld, b, Valuation 01 dona/cd. ezpendable per- sonal proper/y.-Donated, expendnble per- sonal property Includes such Items as ex- pendnble equIpment, office supplies. labora- tor~' ,supplies or workshop and classroom supplles. Val ue assessed to expendable per- sonal property Included In the cost or match- Ing' share should be reasonable and should not exceed the market value of the property at the time of the donation. c. Valuation of donated, noncrpcnd<Iblc personal properly, buildings, and land or use thereof. (I) The method used for chargIng cost sharing or matching for donated nonex- pend able personal property, buildings and land Truly dltrer according to the purpose of the grant or other agreement as follows: (a) It the purpose of the grant or other agreement Is to assIst the recipIent In the acquisItion of equipment, buildings or land. the tot...1 value of the donated property ma)' be claimed as cost sharing or matching. (b) It the purpose of the agreement Is to support nctl\"ltles that require the use of equipment. buildings or land. depreciation or use charges tor equipment and bUildings may be made. The full value of equloment or other capital assets "nd fair rent,,1 char.!!es tor land mn)' be allowed provided that the Federal agency has npproved the charges, (2) The value of donnted property wIll be determined In accordance "'Ith the usual accounting policies of the recipient wIth the follOWing qualifications: (a) Land and buildinps,-The vnllle of donated land and buildings mny not..exceed Its fair market value. at the Ume of donation to the recipient ItS established by an Inde- pendent appraiser (e.g.. certl/ied real prop- erty appraiser or GSA repre'entatives) and certlfled by a responsible offlclaJ of the recipIent, (b) Noncrpcnd.ablc pCT'so1U1.1 pTO'T'CT/p,- The value of donnted nonexpendable personal property shnll not exceed the laIr market value at equipment nnd propert). 01 the snme age and cOlldltlon at the Urne of donation, (C) Usc 01 spe.ce,-The vnlue 01 dOllated space shall nat exceed the Inlr relltal \'al"e of Comparnhle space n.s established bv nn Independent apprnlsal of compnr"ble ~pace and facilities In a privntely-owned bUilding In the same locality:' (d) Loaned equipment-The \'nllle of loaned equipment shall not exceed Its lair renl.:\l \'nluc. 6, The follo\<"lng requirements pertain to the recipient's Supporting rccords lor In- ).:Ind con:"rlb\1tton.s frorn non-Fcdrrn.l third !,'n:-t\~.". n. Vol11nt(>cr sPT\'IC'cs nlust be' documcnt.N1 allct. to tile extent ICR.,ible, supporled by the same methods IIsed by the recipient lor It., enlployces. b. The bnsls tor detcrmlning the valuaUon for personal sr.n"jccs, nlaterlal, cqulprncllt, buildlllgs and lalld /Illlst be docllmented, ATTACIIMI:NT F.--{;lRCULAR No, A-IlD STANDARDS FOR FINANCIAL MANAGEMENT SYSTEMS 1,11115 attachment prescribes standnrds lor flnnnclnl lnnnagcrncnL systcrns or recipients. Federal sponsoring ngellel"" shall not Impose actc1it.Jonnl stnndnrus 011 recipients unless spe- clflcally provIded for In tile applicable stn- tlltes (e,g" the Joint F'lIndlng Simplification Act. P.L, 93-510) or other attachments to this clrculnr, However. Federnl spollsorlng agen- cies arc encournged to make sugl:estlons and assIst recipients In estballshlng or Improving /inanclal Illanagement systems when such as. slstanct' Is needed or requested, 2. Recipients' /innnclal management sys- tems shall provide lor: a, Accurate. current and complete dlstlo- sure ot the financIal results of each fedcrnlly sponsored project or program In accordance with lhe reporting requirements set forth In Att."chment G t.o this circular. \\Then a Fed- eral sponsoring agency requires reporting on an accrunl basis, the recipient shall not be required to estnbllsh an accrual accounting system but shall develop such accrual data for Its reports on the basis of an analysis of the documentation on hand. b. Records that Identify adequately the source and Rppllcatlon of funds for ledernll)" sponsored activities. These records shall con- tain Information pertaining to Federal awards, authorlz.atlons. obligations. unobli- gated balances. assets, outlays, and Income. c. ElIectlve ::ontrol over and accountabilIty for all funds. property and other assets. Re- cipients Shall adequatel)' safeg-uard all such' assets and shall assure that they are used solely lor authorlz.ed purposes. d. Comparison of actual outlays with bud- get amounts for each grant or other ag-ree- ment, Whenever approprIate or required by the Federal sponsorIng agenc)': financial In- formation should bl! related to performance and unit cost data, e, Procedures to mlnlml:ze the time elapsing between the transfer of funds from the V $, Treasury and the dIsbursement by the recIp- Ient. whenever funds are advanced by the Federal Government. When advances nre made by a letter-of-credIt method. the recip- Ient shall make drawdov.-ns ...s close as pos- sible to the time of making disbursements, 1. Procedures lor determinIng the reason- ableness, allowablllty and allocability of costs In accordance with the provisions of the ap- plicable Federal cost prInciples and the terms o! the grant or other agreement. g, ACcounting records that are supported by source documentation, h, Examinations In the form of audits or Internal audits, Such audits shall be made by qualified Indi\'iduals ,,'ho are sufficiently Independent of those who autharlz.e the ex- penditure of Federal funds, to prod lice un- biased opinions. conclusions or judgments, They shnll meet the Independcnce criterIa along the lines ot Chapter 3. Part 3 of the V,S, General AccountIng Office publication, Standard. for AudIt of Governmental Organ- 12,allons. Programs. Acti\'ltles and Functions. l1"1cs~ cxnn'linationz nrc Intended to a......cer- tnln the etTecll\"eness of the /inanclal man~ a~emcnt syst.elns and int.ernal pro(".cdurcs' that have been est....bllshed to meet the tcrms and conditions of the agreement.', It Is not 1ntcndcd t.hnt each :'\(;rccmcnt. awarded to the rcclp'cnt be cx:tmlncd. Gcncrnlly, c>.:nmlnn- t.Ion~ 5ho\lld be conducted c.n an orr:nnI7.h. il(lTl-wld(' l-:n~!<;. 10 i~:-t tl"lc fl~r.:"J.l lllt('r:':'"l~,' f)f I A-110:3 /inanelnl transact.lons, fl.S well as compliance wllll the terms and conditions 01 the Federal grr.nl.' and other agreements. Such tcsts would include an appropriate samplIng 01 Federal ngreements, Exnmlnalloll' will be condllcted wllh reasonable Ireql1ency. on a continuIng b'lSls or f\t scheduled tnter\'als. usunlly nnllllally, but not less Irequently than e\'cry t.....o yenrs. The frequency of these ex. nnltnnt.lons shall dr-Jlend upon the nnture, sl.", "nd the complexity of the act\'llty, These exnmlnatlons do not relieve F'c<:Ieral agencies of their audit responsibilities, but mny "ffect the Irequency Rnd scope of such audits, I. ^ systemntlc method to assure timely and approprlnte resolutton of audit findings and recommendattons, 3, Primary recipients shall require subre- clplenls (I\S de/ined In parngrnph 5 01 the bnslc circular) to adopl the stnndnrds In pnragraph 2. "bove except for the require- ment In subparagraph 2e, regarding the use' of the letter-of-credit method and that part 01 ,s.ubparagrnph 20., regarding reporting form. nnd frequencies prescribed In Attfl.ch- ment, G to thls circular. ATTACHMENT G,-CmCULAR No. ^-llO TINANCl.AL RE:PonTIN'C Rf:QUIRf:MENTS 1. This attachment prescrIbes unIform re- porttng procedures for recipients to: sum- marize expenditures mnde and Federal funds unexpended for each award. report the status of Federal cash advanced. request advnnces and reImbursement ,,'hen the Jetter-of-credIt method Is not used; and promulgates stand- are', forms IncIdent thereto. 2. The follov.-Ing definitions apply for pur- poses 0/ this attachment: a, Accrued crpcnditures,-Accrued ex- penditures are the charges Incurred by the recipient during a given period requiring the provision of funds for: (1) goods and other tangible property receIved; (2) services per- formed by employees, contractors, subreclpl- ents. and otber payees. and (3) other amounts becoming owed under programs for Vo'hlch no current services or performance Is required. b. Accrued inco771c,-Accrued Income Is the sum of (I) earnlng'S during a given perIod Irom (I) servlces.performed by the recipi- ent: and (11) goods and other tlUlglble property delivered to purchasers; and (2) amounts becoming owed to the recipient lor whlC.h no current services or performance ls required by the recipient. c. Federal lunds authorized,-Federal funds authorlz.ed art the total amount of Federal funds obligated b)' tll"e Federal Gov- ernment for use by the recipient. This amount may Include any authorlz.ed carry- over o! unobligated funds from prior fiscal yenrs when permitted by law or agency regulnilon. d, In-kind con/ributions.-In-klnd con- tributions are de/ined In Attachment E to thl~ circular. e. Oblipa(ions,-Obllgatloru; arc the amounts of orders plnced. contracts and {'rants awarded. servlccs received. and siml- 1M transacttons during a given perIod that v.-ill require pa)'ment by the recipient during the snme or a luture period, 1. OuUays,-Outlays or expenditures repre- sent charges made to the project or program, They mny be reported on a cash or accrual bnsls. For reports prepared on a cash basis, outlays arc the sum of aclual cash disburse- ment" for direct charges for goods and serv- Ices, the amount of Indirect expense charged. the \'allle 01 in-kind contributions npplled, nnd the' amount of ca.sh ndvances. Rnd pa.y. menL' mnde to subreclpients, For reports pre- pared on nn accrunl basis. outlays are the sum of f\Cltln.l ensh d15burscments for direct (;}):\r)!c~ for (:!oods and :c;.cr\'lccs. the f\mount ()f Inrllr('r: l":':rH'I1S(" tncurrf'd, t.he \'nluc of In- " I Office of Management and Budget Circular A-110 (7/30/76) lelnd contributions applied, and the net In- crea,e .lor decrease) In lhe amounts owed by the recIpient tor good.5 and other property received. lor servlcee pertormed. by emplo)'- ees, contractors, subreclplents and other payees and other amounts becomln!;" owed under programs tor which no current sen- Ic"", or pertormance are required. g. Provram /ncome.-Program Income Is defined In Attachment 0 ot tble cIrcular. It may be reported on a c....h or accrual b&9lll. whichever III used tor reporting outla)'s, h. UncbHgated balance,-The unobligated balance Is the portion of the tund.5 author- Ized by the Federal sponMlrlng agency that has not been obligated by the recipient and III determIned by deducting the cumulative obligations from tbe cumulative fund.5 au- thorized. I. Unllqutdated oblfgatlo....,-F'or reports prepared on a cash'bl\.'lls. unliquidated obli- gations represent the'amount of obligations Incurred by the recIpient that hae not been pt\ld. For reports prepared on an accrued ex- penditure h&9ls. they represent the amount ot Obllg1l.tlons Incurred by the recipient for whlcb an outlay hl\.S not been recorded. 3. Only the tollowlng torms will be au- thorized tor obtaining financIal Intormatlon trom recipIents. a. Fhumcial Status Report (E:z:h/blt 1). (1) Each Federal sponsoring &gency shall require recipients to we the standardized Financial StatuS Report to report the status or tund.5 tor all nonconstructlon project.s or programs. The Federal sponsorIng agencIes may, l1owever, have the option or not re- qUIring the FInancIal Status ~port when the Request for Ad"ance or Reimbursement (paragraph 4a) or ~port ot Federal Cash TransactIons (paragraph 3b) Is determined to provIde adequate InformatIon to meet their need.5. except that a tlnal FInancial Status Report shall be required at the com- pletlo~ of the project when the Request for Advance or ReImbursement form Ie used only for advances. (2) The Federal sponsoring agency shall prescribe whether the report shall be on a casb or accrual ba.s Is , If the Federal sponsor- Ing agency requires accrual Information and the reclplent.s accounting record.5 are not normally leept on the accrual bas 1.5 , the re- cipIent shall not be required to convert It.s accounting system, but ehall develop such accrual Information throur;h best estimates based on an analysis ot the cocumentatlon on hane, (3) The Federa) sponsoring agency shall determine the frequencv ot the FInancIal Status Report lor each 'project or prosram considering the size and complexlt). ot the partICUlar project or program. However. the report shall not be required more frequentl)' than quarterl)' or less frequently than an- nuall)' except "-, provIded In subparagrnph 3a (I) above, A flnal report sh..ll be required at the completion of the agreement, (4) Federal ~ponsorlnr; agencIes shl\11 re- qUIre recIpients to submit the FlllAnclal Status Report (original and no more than two copies) no ll\ter thon 30 d"l's after the end of each s~cltled reportln!;" period tor quarterly Ilnd seml-annul\l reporL', I\nd 90 days tor annual and flnal reports, Extensions to reportln!;" due dlltes mal' be granted upon request ot the recIpient, b, Report 01 Federal Ca,sh Transactions (Ezhibit 2). (1) When tunds are advllnced to reclplenla through lelters of credit or wIth Treasury checles. the Federal sponsoring agencies shall require each recipient to "ub- mlt 1\ Rep:>rt ot Federal Ca.h TranMCtlons, The Federal sponsorln!; ngency shall u"e this report to monitor cash advanced to recipIents and to obtain disbursement Information tor each agree men t from the reclplen ts, (2) Federal sponsoring agencies mILl' re- quire forecasts of Federal cash requirements In the "~marles" "ectlon ot the report. (3) When prl\ctlca! and deemed necessary. the Federal sponsorIng agencle. may require receipts to report In the "~marks" ~ectlon the nmount ot cash advances In excess ot three dILl'S' requirements In the hnnds 01 sub. recipients and to prOVide short narratIve ex- planIL~lons 01 actions tILleen by the recipients to red uce the excess balances, (4) ~clplents shall be reqUIred to submIt not m:lre than the original and two copies ot the Report ot FederRJ Cash Transactions ]5 working days followIng the end ot each quarter. The Federal sponsoring agencies may requIre a monthly report from those recipients receIvIng advances totallng $1 million or more per year. (5) Federal sponsorIng agencIes mal' waive the requirement for subml!Slon ot the ~port ot Federal Cash TransactIons when monthly advances 10 not exceed $10.000 per recipient, prOVided that such advancC3 are monitored through other forms contlllned In_jhls at- tachment, or It. In the Federal sponsorlng agenc)"s opinion. the recIpient's accounting controls are adequate to minImize excessl\'e Federal Ildvances, 4. Except as noted below, only the tollow- lng lorms wlll be authorIzed for the reclpl- en~3 In requesting advances and relmburl'e- ments. a, Request lor Advance or Reimbursement (E:z:hiblt 3). (1) Each Federal spon!orlng agency shall adopt the Request lor Advance or ~lmburse- ment as a standardized form for all noncon- .!:.ructlon programs when letters-of-credIt or predetermined advance methods are not used, Federal sponsoring agencies, however. have the optIon ot USIng this form for construc- tion programs In lleu 01 the Outlay Report and Re::juest for ReImbursement fOT Con- structIon Programs (subpar&graph 4b). (2) ReCIpients shall be authorized to sub- mit requests lor ad\'ances and reimburse- ments at least monthly when letters-ot- credl t are not used. Federal sponsoring "gencles shall not require the subml!slOn ot more than the orlglnal and t".o copIes 01 the Request for Ad\'JUlce or ~Imbursement, _I A-110:4 b, Outlay report and Tequcst lor reim- b"rumcnt lor construction program.. (Ex- hibit 4), (1) Eneh Federal 5ponwrlng I\geney shILl1 ILdopt the OullIL)' Report ILnd Request tor He- Imbur.~ement lor Construction Programs as the standardized tormat to be u~ed for re- questing reImbursement lor construction programs, The Federn.l sponsorlr:g ngencles ma)'. however, hsve the option of substitut- Ing the Request tor Advance or Reimburse- ment f'orm (subparagraph 4a) when the Federal agencIes determine that It provides aclequnle Inlormntlon to meet their needs, (2) Recipients shall be authorIzed to sllb- mlt requests ror reimbursement at least monthl)' when lelter~-ol-credlt nre not used, Federal sponsorinG agencies shall not require more ths.n the original and two copies of the Outla)' Report and Request lor Reimburse- ment tor Construction Programs. 5, "''hen the Federal sponsoring "fencle, need nddltlonal Inlormatlon In using these torms or mo.re Irequent reports. the tollowlng shall be observed: ,a, When additional Intormatlon L~ needed to comply with legislative requIrements. Federal sponsorIng ngencles sha!l Issue In- structions to requIre recipients to submit such Inrormatlon under the "Remarks" sec- tion ot the report.s. b, When necessllry to meet specific pro- gr..m needs Federal sponsoring &gencles shall submit the proposed reportln,; requirements to the FinanCial MAnagement Branch. Budget Review DivIsion. Ollice of Mana!(ement and Budget for approval prior to su'bmlsslon ot the reports tor clearan.., under the pro- visions of OMB Circular No, A-40. c, When a Federal sponsorIng agency has determined that a recipIent's accounting sys- tem does not meet the StlUldllrd.5 for FI- nanclsl Manageme:l.t contained In Attach- ment F to thIs cIrcular, additIonal pertinent InformatIon to turther monItor grants and other a.greements mn)' be obtained upon written notice to the recIpient untll such tlme:l.s the system Is brought up to st.andard, d, The FederILI sponsoring &gency, In ob- taIning Intormatlon lIS In paragrILphs a, b and c above, mus' comply with report clear- ance requlremer:~s of the Ollice of MallAge- ment and Budget CIrcular No. A-40, as re- vised, 6, Feder...! sponsorlnr; agencies hILve t.he option ot shading out any !lne Item on any report that Is unnecessllry for declslon-mak- I ng purposes, 7: Federa] sponsorIng agencle~ should ac- cept the Identical InformaUon trOTT, the re- cl>>lents In machine usable tormat ;:". com- puter printouts In lieu 01 prescribed. formILts, 8, Federal sponsoring agencle;; mILl' pro- vide com>>uter outputs to reclplent.s "'hen II will expedIte or contribute to the accuracy ot reporting, 9, Feder",l sponsoring ILgencles are Iluthor- Iud to reproduce these forms, The forms for reproduction purposes can be obtained from the Olnce ot Man3.bement and Budget, I Office of Management and Budget Circular A.110 (7/30/76) ~ : -' < i' u u 0_ [1 r ... ., ~ ~ ~~o j!lii > - eo c.a; ~6 II) r:> ~ ~ J :E .; ~ _ ~~[l= ~ G i: 0 :r. ~ ~ w E Ie ~ ~ ~ ~ De ~ . 0 ~ 0 -~ ~ t: . J :> " ,.: t;;" -~ ~ " ~ o " o ~ f ~ E ~:; g ". s~ ; ." 0 . " ~= o J ~ ~ i ~ i 8 ~ ~ ~ i: : % u i l: ~ ~ ~ ~ ~ j i. ~,!! .; - ~ ., ~ ~ :; ~ J " " o >= ~ z i o o " " ~ J :> " " 5! ~ ~ " ~ l:i ; ~ J " :; s e ~ ~ -' .. t: ~ o ~ CL i ~] - ~ Cf)~~ :J ~ II t- ~ i ;: .~ ~ :~ 1 G ~ ~ z f 0 <: ~ z z ~ o u.. ~ r g ~ i J .,;. ~ g 12 0 i- t: ;; k ~ ~ :;; G S ~ i ~ J o - ~ s ~ :z: C . i -' "'~ ... " 0'- ... .... '- ~ ~ ~ '- .., '- ..: ,I, '" ~ ... ;; ;: u '" .... '" :z: o ;: u z ~ '" :E < c: ! ~ I ... ... ... ... ... ... ~ r o ~ ~ :> o .~ Ci ~ :; o 1: ~ c. r o ~ E t:_ e &. ~ .!: ~ ~ ~ ~.~ ~ ~ E t:. :; ~ : ~.~ ... "''''':: ..;!z _ ~ ~ "5 o ~ -." ;; ~ '0 < E~ ~ ., ~ .,11 ~~ .Q~~ ~- -~ ~ ~ ~:- -g-sg ~ .~ ~.. c i:; ~~~ ~ ~.~ ~ I ~ ~ ~ l~'" c!2 0 S!~2 il]f, ., :> ,.- ., c. :; \:l o ~ ~2 " < ~ '" :g ~ ~ ~ ~ 0 ~ '5 WI C ~ .:: g ~ ~ ~: ~ '0 ~ ~ ~ ., 0 ~~~?"O ~ "0 e t: C> _ .. '0 :>>'" ~ ~~I~~ Lo... .... :l .... I .1 A-110:5 ... a; 00 o..w ~~ w~ ...IIl <::> 0", i~ v ~ . ; ~. ~ <(- ....t c J ~~ ~i ._ 2 "0- ;~..( "E . 000 .~z ~; ~ "..-' O"t :;) ,,~u ~~!! .,~ u o , ., o c w." z: c o. I: " 0.. - woO -' E w. ...< " 0: t ;: a; "' u o w '" c: o I: ... ::> " W ...J ... ;: o z " w ::E " :z: o w ~ ii: 0.. a; o o w 0.. ~ '" o "' a; ::>-' ..." ,,- z!,! co'" -'" ",0 . "g ~ 'E D . E t 5i;: . a.::o .c ~ E 0 - "281'.5 1-0_.1: g;;t: JI/.._~~ E~g~ o c ., '0 u ::lI _ . '0 . it:;2 ~ ~ ~;- I- .c - . Q, ~_:;:C~1_ --:_-; E~~..E~ ~~~~~~ " c .2 g 1 w ; 0 " " 7- :; l ~ B . r ~ i 0 ~ s - . ~ z l ~ ~ E ~ ... z 1 B :> 0 1 " J .. ~ "- : 0 J " 1 l- '-:;- ~ 1 ~ ~ 0 - . ;; 1 ;: { ~ 0 t ! , ... ~ ~ ., ; ~ " c c :!- 1 .2 'r "- ~ 1 ~ .$ "- i Co e < -;. '0 ~ :- ~ ,: ~ t c ~ . , I- - 0 v Z ...oS w ~ !Xl ~ . <.. ~ s: t:.... .; .; >< ~ LlJ :0 c c g < J ::> t c ;i I -I Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or print leEibl)", Ilems 1. 2, 3, 6, 7, 9, lOd. IDe. 109. 10i, 101, lla. and 12 are sell,explanatory, specific instructions for other items are aslollows: ,....... Eo'ry " Ent., the employer Identlnutlon number au1rn.-d by the U.S. Intern.' Rpvfnue S~rvic.e or nCE (ins1itution) code. If required by the feder.llponlOn"g aRene)'. 5 This spec. " res.ervPd lor en account number or o1h,.r identltyl"l num~n thllt may bot u1ilnt'd by the rec.ipienl. 8 Enter the month, dey. end yur or the be,innln, Ind endl"a of this prnlrct period. rOf formula ,renh thet .,r not aw.n::Ied On .. pro,ed basis, show thl Br.nt pefio<l, 10 The pu~e of vertiCAl columns (e) throuRh (1) II to provide ',"encial date tor uc:h progrern, function, end Iletlvity in the budget lIS approved: by the feduellllOn. sO!lng 'aRene.,.. If additional column, ere needeod, use es meny addltlonel forms II! nH"ded end Indlc81e paRe number In sp.ec~ provld~d In upper righl; howev~r. the tatels of ell programs, functions or activities should be shCM'n in column (g) of the flnt pere. For e~r.em~nts perteinlns to s.evtrel t:.tIllOE" of Federel DomnOc AS$irtance prorrams thet do nol reoQuln , further tunctionel or ec1lv1ty elesslrlcation brea~dOWT'l, enter under Columns (a) trH'Ou~h (f) the litle of the prOlram. For ,rIInt.l or o1her n..sishnce a,r..ments containing muhiple progrems where one or more. prOGrllms reQuire e 'urther br~ekdown by 'unctlon or ectlvlty, use a t.f: twI"te form tor uch prOE'",m shawlnr the epplicable functions or ectivltin In the separate columns. For IZrBnts or olher IlSsistence ai:reemenu containins sev. erel functions or actlvllies which ere funded Irom s.eYer-a1 programl. prepare' 'Sep.r-ate. 'orm for each activity or 'unction when requesled by the Federf: a.ponsoring egency. lOa Enter the net outley. This .mount should be the same es the emou"t repone<S In Une 1 De of the lest ~por:.. If there has been an edJustment to the. amount "hown pnrvk)usty. pleese attach expl.nation. ShO'tlf lero If this I, the Inhl~1 report, . lOb Enter the tole I ,roe:s pro~ram outlays (less rebatet, re1unds. and other diseounU) for this report peri~. Including dlsbunements of ca.h realized es program incomf.. For reports tNt ert p,epef'e'd on I c.esh bui,. outlll~ are Ihe s.um of actual cllsh disburu. m",':~ for good, .nd t.t"Nice!. Ihe .mount of Indi~ expense chare'ed, the value o! In.kind contributions applied. end the amoun~ of cash advence! end P<lyments made to contractors and subgfllnteu. For reports prC'pa~ on an .ccru~ expend'ilure basis. out. laY" ere the sum of actual Clsh disbursements. the .mount or Indirect u.pense incurre~. the value of in. kind contributions applln:. and Ihe. net Increne (or dK.ru~e) in the IImounts 0W"e'C by the recipient tor gOOds and other property re-ceived and tor aervlces per1orme<: by employees. conlnlcton. .ubE'r.nlees, anG other payee-s. /....... E.'.... J Oc [nl.r fhe "nOunl of .11 prOfl'r.", Income r~ellle-d In thi, period Ihat ;1 re-quir~ ~ 'he 1erm, end con. dittOns of the f rderal award to b,. Ol"ducted from total pmll!"C1 cosh. ror reports p'''"fH!'d on I cuh bII,15, en'Pf Ihe amount ot ce,h incc'rne rf'c!,iye<l durin~ the rtlportin&: f\f'IIod. For report, prePII,e<I on en accrual basIS" ente' Ihe amount.ol Income ~arnl"Cl sinCe the be,innin8 al the reportlnt f1oerlod. W't'tn the lerms or conditions allow pro~rem Income 10 ~ edd~d to the latal awud. explain In remarks. Ihe soorCf:, amount end disposition of the Income. 101 Enhr amounl pertelnl"i to Ih~ non.F'PdUlll shere of program outleys Included In 1h. IImount ..~n Une t. 10h Enter tolel emount or unliQuldett'd obliglltions lor tl1ls project or profr.m, includinE unliQuldllt~d obligationl 10 subRranl~el end contractors. UnliQuidele-d obliBll' tions are: Cash buh--obll,,,lions Incurred but not _paid; Accrve-d ex~nditure blllit.--ObliSAlions Incurred but tor which-an outla)' he, not been ~corded. 00 not include any amounh that have be-en Included on linn II thrc,Urh ,. On the final n:pon.. line h should have II Jero belance. 10) [nle, the Federal shere of unliQuldaltd oblifatlons shOW'" on lint h. The emount lhown on this line should be the dinerence between the emounts on lines h end l. JOk Enter the sum of the amounts shown on line'S E end 1. It the report is final the report should not contain any unliQulOahod obligaUons. JDm Enler th. unobllgatPd balllnce of Fede~l rund~. This amount should be the difference berween lines 10. IInd I. 11 b Enter rate In effect durlns: the. reporting ~r1od. l1c Enter emount of the base to which the nte was applied. lId Enter tolal amounl of indirect coC't charged during the report periOCl. lie (.nter amount of the Federal share chergt'd during the. repor,; perlOCl. It more then one rele was applied dorlng the project peru, include a separate scheClul~ sho......ine bases ageinst which thr IndIrect cosl ra'es W~tf: 8Pplied. the respective Indirec1 rate-s the month. day. and year the indl~ ral~ we'e. In ef1Kt. amounts of indj~t u. pt'nn eharFed 10 the project. and th~ Federal share of indire-ct expense ehe'ied to the pro;~ct to oate. A-110:6 .. , I J Office of Management and Budget Circular A-110 (7/30/76) A-110:7 Appro....ed by Office of M.n.R~ment IIn" BUd,et. No. BO-R0182 FEDERAL CASH TRANSACTIONS REPORT 1. rfldenl J.(IOnsoOnt 'iHK'J and or,,,,iUlio",1 .I......"t '0 ~i(~ thi. repor1 is lubrnin.d (See in..tTlLctions on the bru:k. If report i.. for mor~ than onc pran t or a...sistance agreement, at/<Jch completed StancUzrd Form r7~-A.) 2. RECIPIENT ORGANIZATION 4. f.d<<.t Inn1 0( 00.- icle.ntitica. 5. AKipi,nl'. KC'OVn' "..",b.r ... lion "umber i6....lityi'" ftUWlwr NGme : ~ L.n., of c.udit "umb<< 7. lu1 P.YMMI 'I'OlICft., """"boaof N.mh".,. Gi,'e total number for this pcriod ond Strflrt , 8. P'J'm~"t Vouche" c.udHtod I. 9. l,..sury chee\. rK.incf ( w^-,th,r J"O'Ur .cc.ounl f:ff J\,()L dcpo.itccJ I eil." Stole 10. PERIOD COVERED BY THIS REPORT ...d ZIT' Cod.: 3. FEDERAL E~~PLOYER ~ FROM (mo,,'k. cia..-. lfflOr) TO (,"on'.II.. doy )'tar) IDENTIFICATION NO. a. Cash on hand beginning of reporting period $ b. Letter of credit withdrawals . c. Treasury check payments 11. STATUS OF FEDERAL d. Tc:al receipts (Sum of lines b and c) CASH e. Total cash available (Sum of lines aftnd d) f. Gross disbursements (See specific g. Federal share of program income instTlLcticm..~ on the back) h. Net disbursements (Line f minus line p) i. Adjustments of prior periods j. Cash on hand end of period $ 12. THE A VlOUNT SHOWN 13. OTHER INFORMATION ON LINE llJ. ABOVE. REPRESENTS CASH RE. a. Interest income $ QUIREMENTS FOR THE ENSUING DaV8 b. Advances to subgrantees or subcontractors $ .. . 14. REMARKS (A Itach addi140nal sheets of plain paper. if more space is required) 15. CERTIFICATION SIGNA TURE DATE REPORT SUB~ITTED I certify to the best of my knowledge and belief that AUTHORIZED this report is true in all reo spects and that all disburse. CERTIFYING ments have been made for the purpose and conditions _j OFFICIAL of the grant or agreement THIS SPACE FOR AGENCY USE TYPED OR. PRINTED NAME AND TITLE (A.uo C<><i.) TELEPHONE I' (Nwmb...r) I (Lz:hliWw:",) I 272-101 EXHIBIT 2 STANDARD rORJ.l 272 17-76) r>r.~riDttd by ONte-a of ..'hnJ'l[~m.nl I'lnd RudQ'tt I I Office of Management llnd Budget Circular A-110 (7/30/76) A-110:8 INSTRUCTIONS Ptea,e type or print legibly. Items 1, 2, 8, 9, 10, lId, lIe, llh, and 15 are self explanatory, specific Instructions for other items are as follows: Ie- E71try 3 Enter employer iOentification number assigned by the U.S. Internlll Revffiue Service or the FICE (institution) cOOe. If this report coven more than one gnsnt or other IIgreement, lellve Items 4 and 5 blank and provide the information on Standard Form 272-A, Report of Fed. erlll Cuh Tnsns.actiof\.~ontinu&d; otherwise; 4 Enter Fedensl grant number, agreement number, or other Identifying numbGn if requested by sponsoring lI~ncy. 5 This splice r~rved for an Ilccount number or other Identifying number that may be anillned by the re- cipient. 6 Ent~ the letter of credit number thllt IIpplles to this report. If 1111 advances were made by Trellsury check, enter "NA" for not appliCl!ble and leave items 7 and 8 ~nk. 7 Enter the voucher number of the Illst letter-of.credit payment vol1Cher (Form TUS 5401) that was credited to your IIccount. lla Enter the total amount of Fedensl cash on hand at the beginning of the reporting period Including all of the F&deral funds on deposIt, Imprut funds, and unde- posited Treasury checks. llb Enter total amount of Federal funds received through payment vOl1Ch~ (FC>ml TUS 5401) that were cred- Ited to yoyr account during the /"&porting period. 11c En+.r the tota' IImount of all Feder&! funds received during the reportif\C period through T.reasury ch.cks, wh&thM ex not d epos.it &d. 111 E~ the ~al F.o.nl cash dllbursements, maM dourinlt tn. ~ period, melvdlng clIsh received H ~m inCDn'\C. Disbursements as used here also locJude t,... amo",n{ o( advanc~ and payments Ies5 rMYnds to subgrentHs or conkactors, the iross amount 0{ direct ....lanK and ~K, including the E"try Item emplopee's share of benefits If treated as a direct cost, interdl"partmenti\1 charges for supplies and services. IInd the amount to which the recipient is entitled for Indirect costs. IIi Enter the Fed erll I shllre of program income thllt was required to be used on the project or program by the terms of the grant or allr&em.;nt. 11i Enter the amount of 1111 lldjustments pertaining to prior periods IIffecting the ending balllnce that have not been includ-<l in any lines above. Identify each grant or 811re-ernent for which IIdJustment was made, and enter an explanation for e8ch adjustment under "Remarks." Use plllln sheets of plIpel'" If .additional space is required. llj Enter the total IImount of Fedel1l1 cash on hllnd at the end of the reporting period. This amount should include all funds on deposit, imprest funds, and undepo~ted funds (fine e, less line h, plus or minus line I). 12 Enter the estimated number of days until the cash on hand, shown on line Ill. will be expended. If more than three days cash reqirements are on hand, provide an explanation under "Remarks" liS to why the drllwdown W!l' made prematurely, or other reasons for the excess cash. The requirement for the .explanation does not apply to prescheduled or automatic advances. l3a Enter the amount of Interest earned on advances of Federal ~nds but not remitted to the Federal asency. It this Includes IIny IImount euned IInd not remitted to the Federal sponsorintt IIgency for over 60 days, explain under "Remarks." Do not report Int&l'est earned on Ddvances to States:. 13b Enter IImount of advance to secondllry recipients in- cluded in item 11 h. .. '\ 14 In addition to providing explanlltlons liS required above, liYC additional explaMtion deemed necess.ary by the reei~nt IInd for in-~tion required by the Federal sponsoring agency in compliance with governing legis. Iaotion. Use plllin sheets of paper If additional spac. is required. (" I .I Office of Management and Budget Circular A-110 (7/30/76) A-110:9 ....prroved by OHlce or Mln.efl'emf'nt line Budo.'. No. eO_R016' 1. HDERAL SPONSORING AGENCY l.ND ORGANIZA. TIONAL ELEMENT TO WHICH TH~ RlPORT IS SUB. MITTED 3. PERIOD COVEREO BY THIS RrPoRT (A. .h",,'n on SF' t7f) FEDERAL CASH TRANSACTIONS REPORT CONTINUATION (Thu. f<>rm. u. """,pl".d and .'Lo<hrd to StonMrd F'orm. t7t emlv whrn rt.pO"rlin.u 'm.O'Tt. thon. ()'T1.I' pra?\' (If' Cl~8i.'tn71.rt aprum.tnt.) 2. RECIPIENT ORGANIZATION (Ci... "n..... onlV "'. .holL'" in it,m. t. SF 171) fAOM C Mo..Jh. ....,. ",.0..) I TO (H~rll.. ~u. ",4"1 4. List information belo..... for each grent Or other agreement covered by tnls report. Us.f' addltionel forms if more space is required. FEDERAL GRANT OR DTNER rDENTlF I R(CIPIENT ACCOUh'T NUh.4B[R I FEOERAL SHARE or NET DISBURSEMENTS CATION OR OlHEA IDENTIFYING NUMBER NrT DISBURSEMENTS ((;...., CUMULATlV[ r:5A.owa ,ubdivi.JiMI bv olhtr idmLi. ...I\w...""'t..,. a... r'e"ra... __ N[l DISBURSEMENTS Iym" "umbtrJ if -tqu.ired bv Ih, C'fl..... .,.,.....,., fOR REPORTING F <</.....ni Sp""',,"nr.A p,ncv) PERIOD (n1 (h I (d (d) $ $ . . . . I . .. ... ., I , I s. TO! AlS (Should CO'f"'T"fI.Pon.d W1.th Q.P71Cunt.ll ..how" on SF ~7t o..!l 1 foltOlL'I: CO~\l.m.n (cJ tht. 1Ia.n'"..r. Q.$ lint Ilk; coJuTr..n (d) tht .It,," oj lines J Jh Gnd J II, (If (hI! SF ~7f end cumulative di5bur.J~mC'T1t.s ~hD'W'n 071 1 la...."lt rcp~t. A. !teen I\%pLc.n.at\.o71 (II a.nv d1'6~re~r.A.) I $ 212'-201 \$ STANDARD FORM 272-/.. (7.761 P...("rlr..~ ~.'" Of/i.... r-I Mc,.,oC......-.t ~e S..dp..' Office of Management and "cular A-110 (7/30/76) BUdglt J Ap~ by Office of Manalement and PAGE O. REQUEST FOR ADVANCE 8udl~1. No. 8O-ROl83 PAC(I e. "r._.~..t4k_ 2. BASIS or REQUEST OR REIMBURSEMENT I. D AOVANCE o REIMBURSE. D CAS" TYPE 0' W[NT PAYMENT b. "Z.' fJw ...~&. N. t $u .....""'IUti01U ()ft bo.ck) AEQUUTEO 0 'IHAl 0 PARTIAL 0 ACCRUAL J. F[OERAL SPONSORING AG[NCY AHO ~~NllATIOHAl ElEMENT 10 .. [Dr.., GIlANI O. OTHE. 1;" ...~T>J:..Y..ENT .[Qunr- WHICH THIS REPORT IS $UuunEO IDENTln-IHC HUMBER As.sICH[D HUMBER fOR THIS REQUEST 11'1' nOE....L AG[NCY L EMPLOYER IOUlTlf'ICAnOM I"~ .ECJ"[NT'S 'CCOUNT NUMor. a. M:RIOO COVERED BY THIS REQUEST NUMBUI. Ollt IO(HllF"'YIHG HUMBER 'ROM t_,,- 4... r-rJ 10 t_tA.. ..... ...--1 I. RECIPIENT ORGANIZATION 10. 'Ayf[f"'~", ","--II M" H_t M Ii.,"_. u.- t"-I) N._ , N..... , N_'" N_'" .-4 .'r.<< , ~-'I".-( , c..... ,.... C......"'.... -.J %Ir eM. : ..... I/re..&.: 11. COMPUTATION OF AMOUNT OF REIMBURSEMEPfT'S/ADYAHCES REOU E"STt:D .., (a) (b) (e) , PROGRAMS/FUNCTIONS/ACTIVITIES ~ TOTAL I. T 0101 Pl'OlI'ram tA. .1 GA") outleY' to date $ $ $ $ b. LA..: Cumwlettve Pf"OI'nu" Incom. c. ~-: ~m outleys (Uow . ......... d. ~mate<l ntrt celh ovtiays for advance perlod .. ToUl (SM....f MOl. '" d) t. Non-Federal~,.. of amount on H~ . I. rede,..' .hare of amount on line I h. , .-dentl payment. pr....;.av.ty nlquested . I. ~'Ii~.~ ..- "",unted (L;... V j. Mwnceo requ;r-.d by 1 C\ month month. _n F'OQUHtod by foderal ".ntor ago<>c)' for u... in m. kin, !>A' 2nd month Khedvled advancea 3rt! month 12. AlITRNATl: COMPUTATlOH FOR ADVAHCES ONLY eo Uti""'led Federal cuh outlay, that will bo med. dun... period covered by tho advar>C9 $ h. Lu,: Estimated balance of Fed.ral cash on hand a. of beginning of advance period c. Amount reqUeMed (L1v Cl tN"...... I'M b) n. s CUlTIFlCM"ION SIGN" TUAE or "\/THO"IZED CERTIf'YlHO O'''C'AL lOA TE: REQUCST SUBMITTED I certify that '" th. boo( o! my ""_ad,. I'nd belie' the data .bow ue COt'red and tt\.at all outlaY" were mad. in .ccord.~ W'ith the IflInt condrtionl Of othtH" .1,.... "'..... ."d that peym.ent il due and ha, "at "-n p_a/y _u_ed. TYr'[O OR. "-'HTEO "AlI( AND nTH TnL"iOH[ (-~ I Jr......... (_.~ n.l. "I'K'" for aprcy .... '_10' EXHIBIT 3 'TAlCo.u.D P"OItIlI T10 (7-76) ~ac'r1b.-d by 0fftcA. of M.n...rne", IInd a~ CIRCULAR 'lO. 1.-110 Federal Grants Mal1aQement Handbook September 1978 A-110:10 , .. Appendix I I .....,,~. 1 , .I Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or print legibly. Items I. 3. 5, 9, 10, II c, II e. III, II g, II i. 12 and 13 are sel'.explanatory; specific instructions for other items are as follows: Ilrm En.lf"')I IndiClte whether ,eQuest is prepared on ush or ac' cruPd e-.penditure basis.. All requests for ad"..nces shall be prepared on II enh basis. [nit' the re-denl grant number, or other identifying number as.signe<l by the 'fed",.1 sponsoring agency. If the advance or reimbuf'1.ement is lor more then on. e~nl or other Illrf"emenl, Inurt N/A; then. show the 1I11l,e,atr amounts. On II M'~r.te Iheet. list each r,ant Of'" .Il'~ment number and the federal share of outlays made Bg.insl the- g,ant or Ilr~menl. 6 (nler th, emp'oyer identification number enif;nt"d by the U.S. Internel Rrvenue S.rvice. or the flCE (institu. tlon) code if ~ue-s1.ed by the Federal .gency. This ,pllie_ is tnerved tor en account number or other loentityinc number thet mey ~ assigned by the re<:ipienl. 8 [nler the month. dey. end yeer tor the beginning end ending or th~ pe-riod rovere<:! in thil request. II the ,.. QueS1 is tor Iln Ildvence or 'or both Iln advence Ilnd n. imburs~ment., show Ih. period thai the advance will cover. If th.. r.quest II tor reimbursement.. show thr period ior which the reimbunement is requested. Note: The Fedet'81 soonsoring agenciel haw the option of rbQuiring re-cipi.-nts to complete iteml 11 or 12. but not both. Item 12 should be us.ed whe>n only e minimum amount of intormehon is ne-e<Sed to make en advance and outlay information conuined In Item 11 cen be obtained In a timely manner tram other reponl. 11 Th.. purpose of th. \l'Ht~el coIumnl (e). (b). and (c), j, to provlde .pece tor seper'llte cost breakdowns when a rro;ect hes be-en planne-d a~ bwd@ete-d by prOlt'llm. 'unction, or activity. If additional columns are neede-d, Itrm E;"t"'V USe 8S many addilion.1 forms as nt"'e'ded and indlute pa,e numMr in space pf'OYided In upper rigtlt I'\ow. eYer. the summary to\all. 01 all prolr,ms, tunctions.. or Ilctivitiel. should be snown in the! "lOul" column on the flnt page. 1la Enter in "u of dftlt", the month, dllY. Ilnd year of the ending of the IlccountinE" f'I'I!riod to whir" this amount applin. Enter program outlays to datr I "el of retunds. rebetH. and dlscOl.mh}. in the appropnllte columns. For reque-sh "repllred on II cash buis. out1ays .rr the sum of .ctulll calh disborwmenlJ: '04'" Roods and 5-erv. ic...,. the .mount 01 indirKt e.pense, ch."e<I, the v.lue of in-kind conlributi~.s. applied. e!nd the Ilmount of ulh advances and payments made to subcontntc. ton end subre<:ipi~nh. For ~uests prepered On an accrued e.ll:pendlture basis, outlays ,are the sum of thr actual cuh dlsbun.ements. thr amount of Indirect el' ~nses incurred. Ilnd the net fncreas.e (or dt"'Crease) In the .mounts owoed by the reciptent tor goods end othe-r pro~rty rece-iye-(j end for 'erv1c~ ~"'ormed by em. ployees., coott'PIcts. subgntnt~I. and other p.eye-es. 11 b [nhr the cumulatiye ush income re<:elved to date. H reQue-tu IIr. prepared on II ush bal-il.. For re-qut"Sts ~p.ered on an aec;ru.d expendttun bas.is. enter the cumulaUve income Nmed to date:. Unde-r etthwr besis, ~"ter only the amount applicable to prognm income that wes rPQulred to be used tor the project or pro- .ram by the tema of the fIt'llnl or other egre-rmenl. l1d Onty when milking requuh 'or edwnce paym..nts. enler the total estimated .mount 0( cash ouUeys that Mil be mad. during the period cOYu-e<t by the edv.ne.. 13 Complete the certirlc.tion before wbmirting this request. .. A-110:11 , I -' Office of Management and Budget Circular A-110 (7/30/76) Appt'Ov~d by OfficII of Man'lem.l'lt Ind ~AG[ Dr OUTLA Y REPORT AND REQUEST FOR REIMBURSE. Budgn. No. BQ-ROI81 ,.,,0(3 MOn FOR CONSTRUCTION PROGRAMS 1. n,.( 0' "[QU[ST 2.. "ASIS or A[QUUT (S", "Ulf"'\o/.('t,MU 0" bnck) 0 rlNAL o ,....'UI...l o C""M o ACC"UAl J. HO[AAl 'P()fiSOR1NQ AG(~CY ""'0 ORl1A.NllATlON"1... (U"(.N"T TO 4. HO(RAl GAAHT 01'1 011-4(A s.. ",AR1'A.L PAYM[NT AEQUUT "0. WHICH 1HIS R[PORT IS suelrountO ID(NTlfYINO NuWeUI ASSIGNED IY '[D(RAl AC(NC, 6. ~~~lBO[Yft[A IO(HTlnCA1'OH IT. .'C'."NT ACCOUNT O. OTHU ""'CD corDUl '" ncl1 M"""" IDlNTlnlNQ HUM8[J1l. ,..ow tN-u.. ~,. .,-.1 10t.....~....,._1 .. k[CI,.U;.tcT O.U1AHIZATIOf04 10. r"yu I"........ -.... ~... -' U~.-.I..... "-'J ,...- , H_ : H.. ....." 1010..... ..- : ...- : Cu,. CU.. "..u .wl 51....1 ..J. rl" C.t.: Z,,. C....: II. STA TUS OF ruNOS PR 00 RAMS-FU NCTION s--.o.CTI VI TI [S CLASSiFiCATION Cd) (b) (e) TOTAl ,,' a. Adminlstretrve f\1penu $ S $ $ b. Preliminary expenu c. Lend, ,tructures, nght-or,wllY d. Architectural engineering beslc 'eet I .. Other erchltK'turel .ngln~rinl fHI !. ProJect Inspection 'eon E. un" development , h. ReloclUon expense I I. Reloeation pllyments to Individuals end I business.s J. OemoUtlon and removal . k. Construction and proje<:t Improvement I cost I. E.Quipment m. Misce-lIaneouJ cost n. Total cumulAtiye to dale (sum o,'line-s I I II Ihru m) o. Deductions tor program income I ~. Net cumulative to date (Line n minus I I line 0) . (l. Federal share to date I I I I 1$ I I I I I 1$ I r. Rehabilitation Irants (100% reim. bursement) s. Total Federal share ($.um of lines Cl end r) t. Federal payments prrviously I"t'., Que,ted u. Amount reQuested for rf'imbursement I s Is I v. Percenlage of physical comple'tion ClI 1 pm;ect D' % % % 10 12. CERTIFICATION SICN...TUAt OF AUlHORlltD CEATlrYlNC lOAn .,,"'OT orFICIAL IUBMITl[D I certify th~t 10 the best 01 my knowledge end belie~ the billod costs or disburse. s. RECIPI[NT TYP[D OR PRINT[D NA.M[ "'"'0 Tlll( TEL[,.HON[ fA....~. menls are in accordance with the terms ..._b.. .-4 _,~) of the project end Ihat the I"t'imbu"ement rep'esent, Ihe Fede,al share due whlctt SIONATUA[ 0' Al!TMORll[O C[RTlnINC DATI: SIGN(D h., not been previous Iy reQuesteG and orr ICI"L that an inspection has botn perlorme-d b. Representativr end .11 wo.k I, In a eeorda nee with the c~rtifylnE to lint: llv. I TY.CO O. ..'NTtD NA"" AHD TlTL' T[l[PMDN( tAp_ ,.... term, 0' the eward. .....b~ ~ _~I - 271 lOl EXHfBfT~ 5TA.NO,lo.RO ron.. 1i1 (7-16' ",,,.".~h..... I" (....~..~. u.....,..............,....c f\unr-o; A-110:12 . '\ I -I Office of Mantlgement and Budget Circular A-110 (7/30/76) INSTRUCTIONS Pipe.. IypQ or print 1~ll'lbly. It"",s 3. 4. !l, S. 9. 10, 1 h, IInd Ilv II.... H/f.axplll""IOry; specific inslructions lor O{h.r Items..,. as tollows: It.... ....... M.rk ...... .......,.,.,..... holt. tf t~.. reoue34. .. ""~. th. .~ Wf4.... ......k' ~ the ....1 oo.c. of tM> --- 2 Ihn'w wtt..h.,. alllflOUntJ .,.. ~ en ." ec::erved IUIlI()4ndtw,. ., ..... ...~...t ......... 6 ......, "". .-r~.' kt.ntl~ "umber .....,.fMCf by the U.S. f"h~ R............ ~.I.,. nel (Nlnhvtton) ood. ~ .-quen.4 ~ - fo<l....1 -f'C)'J. T This .~" k ~ Iof' an .c:oount num,*, or eth.-r kfenttfylna """...,. the( me)' .... ......"..... br t:M ~...t. 11 The .....- ~ _I _m... to, thl'DUlrh tel .. to ",,.,...;(h ..",.c:c ...... ...,.,..,..,. ~ """'hdownc. """'-" . "~41 p~ h.. "'-n ,.."'.... aM ~., by pro-. Ira",. ~" et M"ttvttv. tf .,d~~~,.. .~ ~ed. uw ., "'.ny addttlonel ten'n& .. ...--ded .rMII t..db'. ~ ............r ~ ..,.... ~ in ..,..,. ~ ~.'. .tn. .......PNlry toN" .r .N p.t'O(I"'rr.. hi.... Mn,. N .~ should t., ~ .,. lM ."tota,- eorIum,\ eon tn. .rM ,.... All ~ a,. ~... ... a trumu~ bellk.. 1.. ...- ........... _nded "r weh -.. .. _. leea' _. ...m.1. 01 _Ideo .nd .... _ ..,ml..lotnt.... -,......... ~. .... .meun< of ~ ~ .....,.n .~ by pn:If"'''' ~6on. Nee ~ tM amount .c .,.,..... ....... .... . .-pern. .n..t.. 1110 ...... _ ~"Inr "" \he won. 01 -;nc .nd .~nL Jnekif\( surwys .M ......piL. sjAktnC .. ""I... .nd .. _ wotI< _1M prior II> _I ..,.,~~. 1 h '""' .R ......._ directly ___ ..tttI .... __. '"'" eo( lend. ......( "rvcw_ eM ....led r\i'ht-of. _. I W _ _ _ ... _ eI ...hlt-.nl en&'____ ) 1. Em<<.t1'\eor aftIhtt.ctu,..' en~"i ~. Do not tncluo. -...y .........qts ~ ... II.. d. 111 r_ ",-*",A ...., _ Ieeos 01 ...-_. end --. IIr E_ o+c __ __ wtth _ ___ Df '-<l ........ .... ~ ._ 01 the ...nt iJ lend ~HIt. 'The .~ ,....n.ini"C' k) "nd ~ ~ ~ ......o.tatt """'h ,..,.jor a.nctrvctton ~ .... a.dw~ tf'Om tIMe -teeory and entered on .....1<. llh lme<- _ ........ _ ....c .. ..-- __ ~.~.n<t ".( CD1't3"" ~I"I( ~~ Int: ~ -). Oa _ ;.",IwCl. __ _eel tor .........ton adtnin,-tmiyw ~ ~ atnO\,lf'llt& ~ be w....dW<CM4 ... ~ _own on a.n. a. 11 j LnMr .... .mount .t ~&o.. permenb me.6e ~ "'. n=cipi.e-n! k) IIIhspl.&e.d ~"S. lal'TT'K. iM.nir-.-s. con. cerns, .nd nonpt"OtI( orr8n~on&. ,..... .~ 111 [l'tef" ~ ...~.I'in .1I'ld ~ of .rnptoy... of the fWej~ ..-d ,...,)""M'f11.. to third perty col"ftrfl>cto", c:ti. fIIIIC:Ijy ~ in pertonninr d~tCW'l Of' r.-m<wel of aruc:turft ''''"' ~ lAf'ld. M PI"OCM<ls trom 'he ..... 0( ~ Of" ...... ~I of drvC'tu,.. .houkf b4 cntdfted to lhie ac.oount; thoeorPby ,..f\K1inl "eo( .~n(s. it NqUHwd by the r..cse,...1 68.,....,.. Ilk [...., tho.. amowl'l(s auociMed wtth the .C1uel con. 'IIIIntCtion of, ..cktitk"" \Ie. 0( rntor.tion of a facility. N.c. 1nc:iuf14 in Ih.. ar1efl1O'Y. the amounh for proj..ct kn~ ~.. .. ~. l1,.....s. I.Ad..upt"i. - 1IPtl.. 1)1 EM<< 8t'n(M,1ntJ hw ." 8lQ"'Pme..-t, bottl 'hl'd and mov. abk., lMCN""''' IlIQ"IJ'lflnent u~ tor cons'ruetio", 'or exAmploe. pem'Yl'MnUy .ttxhed I.ebore'CN)' labln, bu~. 6ft aucho ~ -ra"""- ...OV8b1. dnks. CNtirs., and ~ equipr-. 11", t.M<<.......-.ounb IOf aM Mema no( specltkftlly m.,.. -.... -. 11" Errt.... th4 kltItl' eumw~Uv. _moun( to' dele which ~Id .. the MH'ft of .raoes a tt\ ~h m. 1 Le tnter th. tot.I amount of pmgt'lllm '''com~ applied to the wrant or c:onlrlld ~.nt ..kcep( tncome In. ........ .,. .... J. kt_nUty ~ . M'PIIt'1l1h IhM"t of p.!!lpet' the aourc:.s and trP- -' the l.....m.. 11, ~.,. tt. I'M( aJl"U~ amount ~ det~ which .houk1 be ItM _mown(. ~ on Nnoe n minus the amount ... Ii.... o. 1~ 11'I'l.... t.... fwden,f .nerw of.... .moont show-n an 1In. p. 11, Enter the atTMiMIAt of rWwliblNbhan .rIlnt peymel"l'tl ......0. to inc:ttvtGuek 'fIiII'hen pro,ram ",islatiot\ providn 100 .......... ~ Ioy tho '0<1....1 ...."C)'. lit En!... the _ _ eo( F_nl porn-Is P'9"iou.ly _ If thk "'"" l& _ lor ~I reim. ........-.. 1J.III ......... the ~1"It now ~nc rwq~ ...... ~rM' I'n.-nt. n-. arneun( t.^oukf 1M the lIift...rnc. brt'w..n th4:- ."."..... -'-' ~ line. a and 1. II din..,.,'1t, ... ~_e_--. u. To to. ~eC1 Dr .... ~ Dll\clel who iJ r.. ~ ... the ~t1on ol .... pn:>gnwT'l. Th. dllte'" w.hou6d M ,he .-ch..aJ o.c. 'he torm l, aubm;necl '0 the F,",,--l '_. 12b To bIo ~~<ed by ~ of'r'Ic.i,.,I rep~~"'atl..,.. who " CM"'tHyinc: _ the pe.t"Ca'rl'( of pro;*'C1 complelton as pt'IN'ided tot' WI VM- .......",. of the ,,,nt or &I~.nt. A-110:13 'I I Office of Management and Budget Circular A-110 (7/30/76) ATTACHMENT H.-CIRCULAR No. A-110 MONITOR.INC AND RErORTING r~OGRAM rE:Rf'ORMANCE I. This ntt.achment sets torth the proce- dures lor monitoring and reportln,; pro,;ram pertormanee 01 recipients. 2. RecipIents shall monitor the pertorma:lce under ,;rants 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 perlormance goals nre bel ng achieved. This review shnll be made tor ench program. lunctlon. or nctlvlt.y 01 each ngreement as set lorth In the approved appllcatlon or award document. 3. Recipients shall submit a pertormance report (technlcnl report) tor eneh agreement that brlefiy presents the lollowlng Intorma- tlon tor each program. tunctlon. or f\ctlvlty Involved as prescribed by the Federal spon- soring agency: a. A comparison otlLctual accomplishments wIth the gonls established to.r the period. the tlndlngs 01 the Investlgnt.<lr. or both, II the output of progTRms or projects enn be readlly quantified, such quantItative datIL should be related to cost data lor computation ot unit costs. b. Reasons why established goals were not met. c. Other pertinent Inlormatlon Including, when appropriate. anlLlysls and explanation 01 cost overruns or high unit costs. , 4. Except as provided In a and b below. and In subparagraph 3a(l), Attachment G. recipIents shall submit the performance or technical reports to Federal sponsoring agen- cies and the Financial Status Reports cov- ering the same period In the lrequency estab- lished by Attachment G 01 this Circular and. where approprlnte, a final technical or per- lormance report alter completion 0: the project on a dnte specified by the Federal sponsoring agency. The Federal sponsoring agency shall prescrIbe the trequency with which the perlormance reports will be sub- mitted "1th the rcquest tor ad\'ance or reim- bursement when that lorm Is used In lieu of the Flnnnclal Sta tus Report. Except as pro- "Ided lor In paragraph 5 belo,,', performance reports shall not be required more frequently than quarterly or less lrcquently than an- nually. Federal sponsOring agencies may "'a.lve the requirement lor recipients to sub- mit perlormance reports with the financial reports under the lollowlng circumstances: a. When the recipient Is required t.<l sub- mit a perlormance report ",'Ith a continua- tion or renewal appllca.tlon. b. When the Fedcral sponsoring agency de- termines that ,on-sIte technical Inspections ..nd certified completIon dp.ta will be sum- clent to evaluate construction projects. c. When the Federal sponsoring agency re- quests annual financial reports on IL fiscal year basis but It Is necessary t.<l get annual prcgress reports on a calendar yenr basiS. 5. Bet""een the required pertorman~e re- porting dates. 'events may occur that have s!gnlficant Impact upon the project or pro- .ram. In such Instances. the recipient sh"ll Inform the FederlLl sponsoring agency as soon as the lollowlng types of conditions become knou'n: a. Problems. del"ys. or adverse conditions that ",'Ill materlnlly aflect the ability t.<l "t- taln program objectives. prevent the meet- Ing of time schedules nnd go"ls, or preclude the attainment of project work units by es- t"bllshed time periods. This disclosure sh"ll be accompanied by a statement of the nctlon taken. or contempllLted. and nny Federal as- sls:.ance needed to resolve the sltuntlon. b. Favorable developments or events thnt e:1a.bie t1me schedules to be met soon~:" than anticipated or more work units to be pro- duced than orlglnRlly projecled. 6. II any pertormance review conducted by the recipient discloses the need lor change In the budget estimates 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 agenc)' shnll make site visits IL5 trequently ILS practicable to: a. Review program accomplishments and management control systems. and b. Provide such technlcnl aSSistance as may be required, 8. Federal sponsoring agencies shnll submit proposed technical nnd pertormance Hports to the Office 01 Management and Budget tor npproval In ILccordance wi th the report clear- ance requlrements ot OMB Circular No. A-40 as re\'!sed. ATTACHMENT l.-<:mCUI.A.. No. A-IIO rA\"MENT REQUIREMENTS 1. This atta<:hment esta.bJlshes the re- quired methods 01 makIng payments to recip- Ients. These methods will minimIze the tIme elapSing between the dIsbursement b)' these recipients and the transter of lunds trom the United States TrelLsury t.<l these recipients whether such d'tsbursement occurs prior to or subsequent t.<l the transler 01 lunds. 2. Payments can be made to reCipients through a letter-ol-credlt, nn advance by Treasury check, or a reimbursement b)' Treas- sury check. The tollowlng definitIons apply lor the purpose of this attach men t: a. Lctter-ol-Credit.-A letttr-ol-credlt Is an Instrument certified by an authorized offi- cial of a Federal sponsoring agency that au- thorizes a recipient t.<l draw lunds when needed trom the Treasury. through" Fed- eral Reserve bank and the reCipient's com- mercial bank. In accordnnce With the provi- sions 01 Treasury Circular No. 1075, as re- vIsed. b. Advance by TrcCl5ury clteck.-An ad- "ance bv Trensury cheCk IS a payment made by a TrelLSury check to a reclpJeilt upon I ~ request bel ore outlays are made by the recIpient, or through the use of predeter- mined payment schedules. c. Reimbursement by Treasury clteck.-A reimbursement b)' Treasur)' check Is a Treas- ury chec~: paId to .. reCipIent upon request lor relmb"rsement lrom the recIpient, 3. Except tor construction grants and other construction agreements lor ",'hlch op- tional plLyment'methods are authorized. as described In paragraph 5. the letter-ot-credlt method shall be used by Federal sponsorIng agencies If all 01 the lollowlng conditIons exist: a. It there !s or wUl be a continUing rela- tionship between a recipIent and a Federal sponsoring agency lor at least a 12-month period and the total amount 01 advance pay- ments expected to be recel"ed within that pe- riod trom the Federal sponsoring agency Is 5250.000 or more. as prescribed by Treasury Circular No, 1075. For Joint lunded projects the Treasury has authorized a dollar criteria of $120,000. , . b. if the reCipient has established or dem- onstrated to the Federal sponsoring ILgency the Willingness. and ability to maIntain pro- cedures that ",111 minimize the time e1aps- In. between the transter 01 lunds and their disbursement by the recipient, c. It the reclplent's finanCial m"nngement s\'stem meets the standards lor lund control and accountnblllty prescribed In Attachment F to this Circular. "Stnndnrds lor Flnanclnl Mnnagement Systems," ~. The method ot advanCing tunds by Tren.<urv check shall be used, In nccordnnce ".lth the pro,'lslons 01 Treasury Clrculnr No. .I A-110:14 1075. when the recipient meets ILIl ot the re- quirements specified In parlLgraph 3. above, except tho~e In subparagraph 3a. 5. The reImbursement by Treasury checl< method shall be the preterred method II the recIpient does not meet the reQulremenL5 speclned In subparagraphs 3b and 3c. ILbove. At the option ot the Federal sponsoring agenc)'. this method may ILlso be used on any construction agree men t, or II the major por- tion ot the proglam Is accomplished through private mnrket financing or Federal loans. and the Federnl assistance constitutes a minor portion of the program. When the re- Imbursement method Is used. the Federnl sponsoring a(.:enc)' shall make payment within thirty dnys aller receipt ot the billing, unless the billing Is Improper, 6. When the letter-of-credlt procedure Is used. the recipient shall be Issued one con- solldnted letter-ot-credlt whenever possible to cover anticipated cash needs for all grlLnts and other agreements awarded by the SpOIl- sorlng agenc)'. LikewIse, to the extent po~sl- ble when the advance by Treasury check method 15 used. advnnces should be Clln- solltlnted (pooled) lor all grants and other ngreements made by the sponsoring agency to thnt recipient. ' , 7. Unless otherwise required by Ill"'. Fed- ernl sponsoring agencIes shllll not ,,'1Ihhold paym~nts lor proper charges made by recipi- ents nt Ilny tlme during the project or pro- /(rnm period unless (a) a recipient has lalled to compl)' with the program objectives. nward conditions. or Federnl reporting require- ments: or (b) the recIpient Is Indebted t.<l the United States. and collection ot the In- debtedness ,,'111 not Impair accomplishment ot the objectives ot a project or program sponsored by the United States, Under such conditions. the sponsoring agency mn}', upon rensonllble notIce. Intorm the recipient that pa)'ments wlll not be m&de lor obligatIons Incurred a!ler a specified dlLt.e until the conditions nre corrected or the In- debtedness to the Federal Government Is IIquldnted. ATTACHM(;NT J,-<:mCUI.AI\ No. A-IIO REVISION or TINANCLAL rLANS 1. This attachment sets lorth criteria and procedures to be tollowed b)' Federal spon- sorlne ngencles In requiring recipients to re- port devIations lrom financial plans and to req uest approvals lor financIal plan re~ visions, 2, The financial plan Is the financial ex- pression 01 the project or program as ap- proved durIng the appllcatlon and/o!" ~ward process. It may Include either 4he Federa~ and. non-Federal shlLre. or only the Federal share. depending upon sponsoring agency requlre..- ments, It should be related to perlormance for progra.m evaluatJon purposes 'v"henever appropriate ILnd required by the Federal sponsoring agency. 3, For nonconstructlon awards. recipients ~hall Immediately request approvals from Federal sponsorIng agencies when there Is re!l.son t.<l belle,'e that Within the next seven dill'S a revision will be necessary lor the 101l0"..lng reasons: n. Changes In the scope or the object"'e of the project or probTam. b. The need for additional Federnl lund- Ing. c. The transler of amounts budgeted tcr Ind Irect costs to absorb Increases Indirect costs or vice versa. U approval 15 required by the Feder"l sponsoring agency. d, The expenditures as require approvn! In ILccordance ,,'Ith YMC 73-8. "Cost Principles for Educational Instltutlons." For nIl other n""nrds, npproval reoulrements lor other Items 01 expenditures may be Imoosed If they nre consistent ,,'Ith those In FMC 73-8. No other requirements lor speclnc Items may be I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless a deviation hru; been ap- proved by the Office of Man8.{;ement IUld Budget. e. Recipients plan to transler lunds allotted lor training allowances (direct payments to trainees) to other categorle5 01 expense. (. None 01 the substantive programmaltc work under a grant or other agreement may be subcontracted or trllnsterred without prior approval 01 the Federal 5ponsorlng agency. This provision does not apply to the purchase of supplies. materllll, equipment. or general support senlces. 5. The Federal spoD.'<or1ng Il{;ency may al"o. at Its oplton. restrict translers ot lunds lI.Inong direct cost co.t.esorlcs lor awnrds In which the Federal shnre exceeds UOO.OOO when the cumulative amount ot auch traru;- fers exceeds or Is expeeted to exceed five percont of !.he tot&.! budget a.s 16.~t o.pproved b)' the sponsorlns ngency. The same crl\.Crla shall apply to the cumulaltve 1UD0unt oC transters among prograoms. lunctlons. and aoth'ltles when budge\.cd 5epara\.Cly for an award. except that the Federal sponsorlns agencj' shnJl pernut no transfer tho.t would cause an)' FedernJ npproprln.tlon. or part thereof. to be used for pUIp06C6 other than thoos Intended. 6. All other changes to nonconstrucllon budgets. except for the changes described In paragraph B. belo..... do not require l\p- provl\!. This Incl udes tbe use of recipient funds In furtherance of program objectives over and a.bove the recipient mlnJmum share Included In the approved budget. 7. For construction awards. recipients shall request prior approvals promptly lrom Federal sponsoring 8.{;encles for budget re- visions wherever: a:. The revision resul ts from changes In the scope or the objectlve of the project or program. and h. The re\'lslan Increases the budget amoun ts 01 Federal funds needed to com- plete the project. B. When a FedersJ sponsoring agen=y makes an award that provides support.!or both oonstructlon and nonconsLructlon work. the Federal sponsoring agency may require the recipient to request prior approval from the Feder&.! sponsoring agency bcCore m~klng any fund or budget trAnsCers between t~e two types ot ....ork su;>port.ed. 9. For both construction and nonconstruc- tlon awards. Federal sponsorlnt: agencies shAll require recipients to notlly the Fed- er..l sp:msorlng agency promptly ....henever the amount of FedenU author1=d Cunds IS expected to exceed the nee<ls 01 the reclplen t by m9re than 1,5.000 or [1\'e percent ot the Federal award. ....hlche\.er Is greater. This notification wUl not be requ1.red II applica- tions for additiOnAl fund.Jng are submJtte~ for COnllnulng grants or contracts. 10. When request-Ing a.ppro\'al Cor budget revisions, reCipients sha.1l use the bUdget 10nns tha.t were used In tbe application unless a. letter request ...111 suffice. 11. Within 30 c"-Iend:,, d:l\'s from the do.te of receipt of the request ior budget re'<'l- slons. Federal sponsoring agencies shall re- vie.... the request and notify the recipient whether the bUdget revisions ha'Oe been a.p- proveQ, It the re\'I"lon Is stili under con- slderatlon a.t the end ot 30 ""Iendn da~ the Federal sponsonns agency shall lnfor~ the recipient In WTltinr of the date when the reCIpient may expect the decL.loll. ATTACHMENT K.--CIRCUUR No. A-110 CLOS~OUT pnocrnunES 1. This o.tta.chment prescr1bcs unt/orm closeout procedures tor Federal grant.:' and other agreements ....Ith reCipients. 2. The 101l0wlng definitions sball Ilpply lor the purp06C of thL. atta.chment: a. Clo.<eout.-The closeout of .. grant agreement 11; the proceRS by which.. Federal sponsor1nt: 8.{;ency detenn.lnes that all ap- plicable adm1nlslnLtlve a.cUon.s a.nd all re- quired work of the 8.{;Teement have been completed by tbe recipient and the Pederal sponsoring 8.{;eney. b. Date 01 complction.-The date ot com- pletion 15 the da~ on whIch &.!I work under granU; and other 8.{;TeemenU; 18 completed or the da~ on U,e award document. or any 'supplement or a.mend.ment thereto. on wblch Peder&.! sponsorship ends. c. Di.3allowcd co.t'.-Dlsallowed COGts arc thosc chnrgcs to a gTant or other 8{;reemcnt that the Fcdernl spoD.o;or.lns a~ency or It.. rcprcsentnllve det.ermlncs to be unallow- able. In accordance with the applicable Fed- eral cost principles or other conditions con- tained tn tbo 8.{;Teements. 3. All Federal sponsorln(; 8.{;enclc... shall es- tabllsb clO6Cout proce<lures tbat Include the 10110wlng requirements: a. Upon request, the Pederal sponsoring a[:ency shllll make prompt payments \.0 a recipient for allowable reimbursable costs under the grant or other agTccment bclng clooc<1 out. b. The recipient shall lmmedlately refund any balance of unobligated (unencumbered) c!l.Sb tha.t tbe Federal sponsoring agency has advanced or paid and that Is not authorl7.ed to be retained by the reclplcnt for usc In otber gTa.nts or other ngTeements. c. The Fedcral sponsoring agency sball ob- taln lrom the recipIent within 90 calendar da ys after the date of complctlon of tbe agTeement all financIAl. pertormance. and other reports required as tbe condition of the agreement. The agency may grant extensions whcn requested by tbe recipient. d. Wben authorized by the grant or otber agreement. tbe Federal sponsoring agency shall make a settlement for any upward or downward adjustments to the Federal share of costs after tbese reports are rccelvcd. e. The recipient sball account for any prop- erty a.cqulred wlth- Federal funds. or re- ceived from tbe Government In accordance with tbe pro'<'lslons of Attachment N to this C1.rcular, Property Management Stnndards. !. In the event a final audit ha.s not been performed prior \.0 tbe closeout of the gran t or other agreement. the Federal sponsoring '11gency sball retain tbe rlgbt to recover an appropr1ate amount after fully considering the recommendations on disallowed coots re- sulting from the final audit. (. Suspension and \.crmlnatlon procedures are contained In Attachment L to this C1.r- cula.r. ATTACHMENT L.-CIBCULAa No. A-110 SUSPENSION AND TERMINATION PJlOC'&DUJlI:S 1. This attachment prescr1bes unUorm suspen$lon and termination procedures lor Federal gTants and other 8.{;Tccments with re::lplents. 2. The Collowlng definitions sha.ll apply lcr the purpcse of this attachment: a. Tcrminalion,-The termination of a grant or otber agreement mcans the can- cellation of FederalspoD.'<Orshlp. in whole or in part. under an agreement at any time prior to the da~ of completIon. b. S=pcnsion.-The suspension of a grant or other agreement Is an action by a Fedcrnl sponsoring agency that \.cmporarUy sus- pends Federal sponsorsblp under the gTant or otber agTee~ent. pending correcll'OC ac- tion by the recipient or pending a decision to \.crmlnate the grant or other agreement by the Feder&.! sponsoring 8.{;eney. ;3. All Federal sponsoring acencles shnll provide proced UJ"C6 to be followed when a rectplent ha.s laUed to comply wi th the terms J A-110:15 of the grant or other agreement and condi- tions or standards. When that occurs. the Fl'der..1 sponsorIng a.gency mal'. on re..son- able notice to the recIpient, suspen,d the grant or other agreement, and ....Ilhhold fur- tiler paymenU;. prohlbll the recipient from Incurrtllg additIonal obligations of Cunds. pending corrective l\ctlon bj' the recIpient, or a decision to termination In a.ccordlUlce ....Ith paragraph 4, The Federal sponsoring agene)' sha.1l allow all necessary and proper cosU; that U,e recipient could not reasonablv avoid during the period ot suspension provld~d tha.t they meet the provisions of the applicable Federal cost princIples. (. Federal sponsoring agencies shall pro- vide for the systematic settlement of ter- mlnnted grants or other agreements Includ- Ing the followIng: a.. Termination lOT cause.-The Federal sponsoring agency mny reserve the right to \.crmlnate any [:Tant or other agreement In whole or In pnrt at any time beCore the date ot completion, whenever It Is determIned that the recipient has Called to comply wIth the conditions of the ..greement, The Federal sponsoring ngency shall promptly notlCy the recipient In ....rltlng of the determination and tbe reasons for the termination. together ,,'Ith the elTectlve dnte. PaymenLs made to recipients or rc<:overles by the Federal spon- soring agencies under grants or other agree- ments termlnnted for cause :;hnll be In ac- cordance with the legal rights and liabilities ot the parties. b. Tenn;1l4tion lOT convenic71ec.-The Fed- eral sponsoring agency or recipient mal' ter- mlna~ grants and other agreements In whole or In part ....hen both parties agree that the continuation of the project would not pro- duce beneficIal results commensurate wIth the further expendIture oC funds. The two parlles shall agree upon the termination con- dItions. Including the elTectlve dR.te and. in the case of partial terminations, the portion to be terminate<!. The recIpient shall not Incur ne.... obligations for the terminated por- lion atter the elYectl\'e date. and shall can- cel as many outstanding obligations as POE- sible, The Federal sponsoring agency shall allow full credit \.0 the recipient for the Federal share of the noncancellable obliga- tions. properly Incurred by the recipient prior to t.erm1nat.1on. ATTACHMENT M.-CIRCULA" No. A-I10 STANDARD T'ORM FOR APPLiINC FOR FEDERAL ASSISTANCE 1. This atta.chment ",romulg"tes a stand- ard form (SF 424) to be use<! by public and 'prlvate tnstltutlolllS 01 higher education, public and prIvate hospItals and other quasl- public and private nonproftt organizations as a f..ce sheet Cor ap?lIcatlons when applying for Federal grants under programs covered by Part I. Attachment A. OMB Crlcular No. A-95. In a.ddltlon, agencies are parllcularly encouraged \.0 etxend the use oC SF 424 to common programs 'Il.1th State and local gO\'- ernments where this form Is now required by FMC 74-7. 2. The SF 42( may a.lso be llsed. on an op- tIonal basis. to fulftll the reqll!rements ot OMB Circular A-95 for a. notlflcatlon oC In- \.cnt, from applicant to clearInghouses, that F'cderal assistance "'111 be applied Cor. Local or State clearinghouse procedures wlll govern the use of the form lor this purpose. 3. The standard lorm ""111 also be used lJy Federal agencies to report to the clearlng- houscs on major actions taken on applica- tions re\'lewed by clearinghouses In accord- ance ....Ith OMB Circular A-95, and to notlly Statcs ot grants-In-aid awarded In accord- ance ....,th Treasury Circular 1082. \ I , - It Office of Management and Budget Circular A-110 (7/30/76) A-110:16 OMB ....pp..o"., No. ~rll FEDERAL ASSISTANCE L ""'I'll. .. If\IW 8ER 3. STAT[ .. WVt<8[R ~UCH<.- CANT'S nON I. TYPE o I'REAPl'lICATlON APPlI- .. DA1t 10 EKTl- h. DArt r_. ........k oIay Of eAT lOtC T_ ......... .... P'I[/\ ACTION o 1tPl"llC'-TlO/'I 19 ASSIGNEO 19 (M_."" o NOTIfICATlOfC Of IKrOH ('()pt.) z-,.. ,.... ,.riot4 .-1 o REI'ORT Of rEOuw. ACTION 1910... 4. LEGAL ....PpLICANT /RECIPIENT 5. H.D!:RAL ~MPLOyr;1l toncnPICATlON NO. .. k>plic.anlll..... : h. Orllniuliofl U,,1t : lI. I I I- 1 I I I c. SlrNl/P.O. B<u PRO. .. NUlIOER d. City GRAM b. TInE : .. eo...ty ; ( fro", f. S...... : I. liP Codo: rod...aJ b. e..'lnl POI'>Of\ (No.... OolooJo" I .. .. ....,.k..... "'..) .. ~ 7. TITLE AND DESCRlnlON OF APPlICANrl PROJlCT a. TYPE Of ,..,.PLICAN'f /RECIr'IENT ~ "- Steh K-Goon...'lly J.cII.... ^- B-1"'tnll\4 ..- J- Hirh.r lduc.alionl'i tM1ltution .. C-Subltat. ~ Indi." Tribe ~ Dlrtrict ~h. (1I".<1f"l: D-Goun.ty E-Clty ~ f- $doool Dlrtrld ~ ~r:tl~ ...--- &...t.K .J"r""ft,..no&e NUn" 0 ~ TYPE OT M6ISTANCE ......t&ulc c.,..t 0.-..,...",..... ! 6-lu~h....tJll tnft( '-OIh., 6Mtrr a.,.~ IT] g t-lM" mor. !.'CA-r(.) 10. AREA Of PROJI!CT IMPACT (No,...., rrf etHu. .CJotH'ttiH. H. ESTI"b...-rM\m- 12. TYPE Of A"PUCATION 5"'1400. ./.4.) BER l' 01'11 ,I.-H rw t-A....i'~ (-A.Mr.....-n\allon BVlUlTING 1J....Il. "..... I O-CCUlti.."",UNI 1.,......0 Eftt.,.. ."pro~t. U. P~EO ~UNOING 1-4. CONCnESSfONAL DISTRtCTI 01': 15. TYPE Of CHANGE CTfff' Jle .... JJ.) S .. 'ltOleeT A-Il'lt"'... t.oltl" F-{)!het (Sp.ol/y): .. FIDERfIL .00 .. AP'UDAHI' 5-Oect..... D ..III" A1"UCAKT I t-hu:,..." [)u,..t~ b. .00 O-oac.t..... O.,..Uoc lfi. PROJECT START I H. I"nOJECT [~o<.ol\.ti.. a. nATE .00 lMTt 1_. -..u. 0.... DURATION Z"w-r appro- U I~I d. lOCAl.. .00 19 AI...."" ".no...... wtln(.) .. OTHER .00 11- Enl_TKO OATt: TO 7_.. ....,...... dDy 19. EXISTING PEOERAL IDENTIFICATION NUMBER BE SU&MlrrEO TO l. TOTAl. S .00 fEDER....l .-.GENCY ~ 19 2:Q. fEDERAL AGENCY TO RECEIVE REQUEST (^'_ Cu,.. /I....... Ul"-o.J 21. REMARKS ADDED o '1'.. o No 22. t. 1. th. tint .,( rrry knowled,. uu! ~.et'. ~. H' ....,....cn4 br 0....8 Circular "'-95 U\n .ttT'tIc..tioa ... ~r"t<. PUrMJ'l'It kl ill' N" r.. R_~'f'\.I:. ~ d.ta j, O\i. ~~ic.liOl'l/lppliuUOA .n .trwcticwu U......ln. to approQril" .1"rl"I~""" ."d .It ,..po"'''' .,.. .~cJuc; . J><>"U' .,~ ~ THE 1<.. ... corrKt. th. doeum...t h.. -. APPLICANT .vlr .uthoriled Dr I'" rOV'eOl ill[ - M 0 0 CERTIf'IES th. aroJiunt ."d tit. IPQliuai wltl ~ II) E : THAT ~ wHh Uu ,tta eMC ....,.. Aoni$ U' u.. eut.... 12I 8 0 11 an.. M. 'PPlVV14. 0 131 ~ I ~~"'~'N'i .. TYrED /VJoIf AHO TrlU ~. IIIUUT\JRE L DATE S la Iff.[) , y_. -........ dDy. t I REPRE. 19 t: SENTATlVE 1 ~. AQf,NCY MAME 25. APPLICA. 1'__ -""" ...y TION RECEIVED 19 26. ORGANIZATIONo'J.. UNIT 17. ADMINISTAATlVE OffiCE 2f.. ~EOERAL APPLICATION ! 10ENTlFICATlON i 29. ACORESI 1)0. fEDERAL OF:ANT ~ IOENTlFlCA TION ~ 31. ACTION 'TAKEN I 3L J'UNO!N<; I )'- ...... .... olaf! ).4. y_.. ~ ..." r 0 AWAAOED I .. ~!D[IW. I S I'T ARTlNG .. .00 n. M:TION OATE ~ 19 DATE 19 .. 0 ~. I:EJ1CTEO v ~TM:T fOil "COITIONAL Ifofrc)tlhl.... 3~ r... _.....u. Uy Q h. AP ,'Uc;AHT .00 J .ON CH&'ffIW o-J .....~~ "'.."'...,.) ENOINC o a. IlrTVRlIliD I'O~ c. Sl^T[ .00 DATE 19 AM EHDtoIDfT C. lOMe .DO 37. REMARKS ADDEO ~ o C. OEf1!R!lE:O .. orm" I Ei .00 :t o .. WITHDRAw!( l. TOT ItL I s .00 o Y.. 01'10 3a. I" I' b~lnr ....... .m... ...,. ...........u ,-- I"". d.rinr....._ --- _. h. '(DERItL ...eEHer ~9' OFfICIItL FEDERAL AGEI'fCY .id.,,,,:. II """ror" ....:-onw II 0.. .MI.,. ................. .t P..n 1.. OW6 Cl,~ubl A-G&. (NIl"u ....d ....wpAotw .-.0.) fit .... ~. ..,. .. ~ ..0.. .0..-95 ACnON ..._. ....... ~........ ............... ...., .....,...,.. , " /"I.. ""1 " I I Office of Management and Budget Circular A-110 (7/30/76) A-110:17 SECllOH IV-REMAAKS (Pleau referenu tM proper item ,,,"n.bff frcm\ Suticnu I, Il (W Ill, if a1'1'~/.$) .. '\ STANDARD FORM 424 rAGE 2 (10-7::1 I ] Office of Management and Budget Circular A-110 (7/30/76) A-110:18 GENERAL INSTRUCTIONS This is a multi-purpose standard form. First, it will be used by applicants as a required faceshect 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). ^PPUCMIT PROCEDlifiES FOR SEGnON I Applicant will complete all items in Section I. If an Item is not appliceble, write "NA". If additional space is needed, insert an asterisk ....., and use the remarks 5CCtion on the beck of the fonn. An explanation follows for &bCh item: Item 2a. 2b. 3a. 3b. 4&-4h. 5. 68. 6b. 7. 8. 9. 1. Mark appropriote box.. Prc-appfk:lltlQn and appllce- tion guidance is in FMC 74-7 and Federlll agency program instructiorll>. Notlfic>ltion of intent RUid- ance is in Circular A-95 procedures from c1ear- inghoo~. Applicant will not use "Report of Federal Action" box. ^ppllcant's own control number, If deslred_ Date SectIon I is prcpttred. Number aSGlgned by State dOllringhouse. or If dele- gated by State, by areawide clearinghouse. All re- QUests to Fedel"8lagencies must contDin this ldenti. fier if the prDf(rlIm is covered by Circular ~ and rcquire<l by applicable. State/areawide clearine- house procedu~. If in doubt. consult your clear. inghouse. Dz:te applicant notJOed of clCllringhouse ld:lf1tificr. Legal name of appllcznt/reclplent, name of primary organizational unit "tJich will UndCrtllM the assist- ance activity, comp:::-te address of applicent, and name and tolephone number of person who cen pr0- vide further infonnation about this reqlleSt.. Employer identlficetion number of applicant as as. signed by Internal Revonue Servlce_ Use Cabllog of Federal Domestic Assistance num- ber assigned to progrnm under which aS3istance is "'Quested. If morc than one progrllm (e.g., }oint. funding) write "multiple" and explain in remaoo. If unknown. cite Public Law ex U.S. Code. Progrllm title from Fed 001 I Cl:talog. Abbnrvilrte If necessary . Brief title and appropriate description of project. For notificz:tion of intent, continue in remarks sec- tion if necessary to convey proper description. Mostly l'elf-<:xplanatory. "City" includes town, toml- ship or other municipality. Check the tyPll(s) of assimnce "'Qu~ed_ Th1l definitions of the tenns are: A.. ~sic Grant. Art original request for Federal funds. This would not include any contribution provided under a supplemental grllnt. B. Supplemental Grant. ^ request to Increase a basic grant in certain cas~ whel"8 the eligible applicant cennot supply the "'Quired matching share of the basic Federal program (e.g_, gTllnts awarded by the Appalachian Regional Commis- sion to provide the applicent e matching shllre). C. Loan. Self explanotory. 'tam 10. D. Insurllnce_ Self expltlnatory. E. Other. Explain on rcffi"arks page. GoYemmenbsl'. unit where ltignificant end meaning- ful imp&ct could be observed. list only largest unit or units affected. such ItS State, c:ourrty, or dty. If entire unit affected, list It nrther thlln wbunlts. Estimated numbef" of persons directly benefiting from project. Use appropriate code J.etter. Definitions ere: ^- New. ^ submittal tor the firR time for a new project. 11. 12. 13. B. Renewal. An extension for an additional funding/ budget period tor a project having no projected completion date, but for wtJlch Federal support must be "'"~ each year. C. Revision. ^ modfficetion to project neture or scope which mil')' result i" funding change (in. crease or decnlllse)_ D. Continu8tion. An extension tor an ZKldltlonal funding/budect period for a pro~ the agency initially agreed to fund for a definite number of >,,"f'S. E. Augmentation. ^ rnquircment for additional funds for a project previously awarded funds in the same funding/budget period. Project nature and scope unchllnged_ Amount requested or to be contributed during ,the first funding/budget period by each t:ontriblrtbr. Value of in-kind contributions will be Included. If the action is a change in dollar amount of an exist- ing grant (a revision or augmentation), indicate only the amount of the change. For decreases en. close the amount in parenth~. If both basic and SoU pplem'enta I amounts are included, breakout in remaoo. For multiple proernm funding, use totals and show prognlm breakouts in remarks. Item defi. nitions: 13a, amount requested:tram Federal Gov. ernment; 13b. amount applicant will contribute; 13c. amount from State, if applicllnt is not a State; 13d, amount from local gCNemment. if applicant is not a local gOV'ernment 13e, amount from any other sources, explain in remarks. l4a_ l4b. ~ explanatory. The district(s) when! most of actual work will be accomplished_ If city-wide or State-wide, covering several districb, write .'city-wlde" or ..State-wide." Complete only for revisions [Item 12c), or augmen. tations (item 12e)_ 15. STf\NDARD FORM 424 PAGE 3 (10-75) I J Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Item 15. 17. lB. Approximate date projt"Ct expected to beE'in (usually lluocilltKl with estimated date of availability of funding). Estimated number of months to complete project lifter Federal funds are Ilvailable. Estimated date preapplic.etlon/appllcation will be submitted to Federal agoncy If this project requires clellringhouse rrrview. If review not reQuired, this date would usulllly be s.eme os dllle in Item 2b. Item 19. Existing Federal Identification number If this II not 11 new roquest and directly relates to a previous Federal action. Otherwise write "NA". 20. IndicB'te Federal Ilgancy to which thiS request is Ilddressed. Street Ilddress not required, but do use ZIP. 21. Check Ilppropriate ty,x as to whether Section IV of form contains rem.11<S and/or additional remarks are attachod. APPLICANT PROCEDURES FOR SECTION II Ust clcaringhousM to which submitted Ilnd show In llppropriate bloc~ the sllltus of their responses. For more then three cloarlnghouses, continue In rtlmarks sltCtion. All written comments submitted by or through clearinghouses must be llttached. Name nnd title of lluthorized rcpresent.etive of leglll llpplic.ent. Applicants will lllways complete Items 23a, 23b, and 23c. If clearinbhouse review Is required, Item 22b must be fully com. pleted. An explonotion follOWll for each item: Item 23b. Self explanatory. 23c. Self explanatory. Item 22b. 23a. Nofe: AppUcon: completes only Sections I and II. S&ction III is compleled by Federal allencies. FEDERAL AGENCY PROCEDURES FOR SECTION III 32. Executive department or Independent Ilgency hllvlnll program lldministra~ion responsibility. Self explanatory. Primary ol'lianizatlonal unit below department level having direct program management re5ponslbillty. enTice directly monitoring the progrnm. U~ to Identify non-award actions where Federal grant identifier in item 30 Is not applicable or will not suffice. Complete add~ of adminlslering office shown in Item 26. Use to identify award actions where different from Federal applicotion identifier In item 2B. ~If explanotory. Use remarks section to amplify where appropriate. Amount to be contributed during the first funding! budect period by each contributor. Value of in.kind contributions will be included. If the action is a change in dollar amount of an existing grant (a revi. sion or aUbmentalion), indicate only the amount of change. For decrease$, enclose the amount in pa. rentheses. It both basic and supplemental amounts are included, breakout in remarks. For mullip~ pro. grom funding, use tote Is and show program breok. . outs in remarks. Item definitions: 32a, amount awarded by Federal Governmcnt; 32b, amount ap' plicant will contribute; 32c, amount from State, if applicant is not a State; 32d, amount from local governmc:'lt if applicant is not a local government; 32e. amount from any othe<' sourc~. explain in remarks. If llppUcant.supplied information in SltCtions I and II needs no updating or adjustment to flt the final Federal Ilctlon, the Federal agency will complete Section III only. An explanation. for each Item follows: Item 24. 25. 26. 27. 28. 2'9. 30. 31. ~. 34. Dete i!ctlon was taken on this request. Dete funds will become aVllileble. Item 35. Name and telephone no. of agency person who Clln provide more information regarding this o ssist.ence. Date etter which funds will no longer be aVllilable. Check appropriate box as to whether Section IV of form contains Federal remar~ and/or attachment of additional remllr~. For use with A-95 Ilction notices only. Name and telephone of person who can assure that appropri. ate A-95 action hilS been taken--'If same as person shown in Item 35, write "same". If not applicable, write "NA". 35. 37. 38. Federal Agency Procedures-special considerations A. Treasury Circular 1082 compliance. Fe4eral agehcy will assure proper completion of Sections I and III. If Sectioil I is being completed by Federal agency, all applicable items must be filled in. Addresses of State Information Recep. tion Agencies (SCIRA's) are provided by Treasury Depart. ment to each agency. This form replaces SF 240, which will no longer be us.eO. S. OMS Circulllr A-95 compfillnce. Federal llgency will as. sure proper completion of Sections I; II, and III. This form is required for notifying all reviewing clearinghouses of major actions on all programs reviewed under 1,-95. Addresses 01 State and areawide clearinghouses art pro. vided by OMB to each agency. Substantive differences ~tween applicant's reqvest and/or clearinghouse recom. mendations. ond the project as finally awarded will be explained in 1,-95 notifications to cle:lringhouses. C. Special note. In most, but not ali S;des, the 1,-95 State clearinghouse ond the (TC 1082' SCIRA ere the same office. I n such cases. the A-95 Bwud notice to the Stal-e clearinghouse will fulfill the TC 10B2 Ilward n<:>tice reo quirement to the State SCIRA. Duplicate notification should be avoided. STANDARD FornI. 424 PAGE 4 (10-75) J Office of Management and Budget Circular A-110 (7/30/76) . ATTACHMJ:NT N.--CIRCl1LAR No. 1.-110 PROPERTY MANAGEMr.NT STANOARUS I. This attachment prescribrs uniform standRrds go\'ernlng manngement of prop- erty lurnlshed by the FederRl Go\'ernrnellt or whose cost was chlU'ged to a proJe<:t sup- ported by a FederRl grallt or other "Feement. FederRl sponsoring agencies shnll require re- Cipients to observe these standnrds under grants and other a!;Teements and shall not Impose Rddltlonal requirements unless spe- clllcnlly required .by Federal law. The reCipi- ent may use Its own property man(>gement stnndards and procedures provided It observes the pro\'lslol1s 01 this aLLnchment. This nt- tnchment also nppUes to subreclplents ILS rclerred to In pamgrnph 5 of the blLSlc cir- cular. 2. The 1011 owing deOnltlons npply lor the purpose 01 this attachment: a. Real propcrty.--<'Ii-Cnl .property men.ns lRnd. Including land Improvements. struc- tures nnd appurtenlUlces thereto. but ex- cluding movablo mnchlneT')' and equipment. b. Personal property.-Per.;onal property ot any kind except real property. It mny be tanglble-hnvlng ph)'slcal existence. or Intan- glble-ha\'lng no physical existence, such &s patents, Invenllons and copyrights. c. Nonexpendable pcrson.al propcrty.-Non- expendable personal property melUlS tnnglble personal property hM'lng a usetlll lite 01 more than one year and an acquisition cost of $300 or more per unIt exempt that reclp- len16 subject to Cost Accountln& Standards Board regulations may use the CASB stnnd- ard of '..500 per unit and useful Ille of two years. A recipIent may use Its own definItIon of nonexpendable personal property provided that the detl.nltlon would at leILSt Include all tangible personal property as defined above. d. Expcnc/.ablc personal property.-Expend- able per.;onal property relers to all tnnglble personal propert)' other than nonexpendable property. e. Excess propcrty.-Excess property means property under the con trol 01 any Federal agency that, as determlDed by the hend. thereol, Is no longer required lor Its needs or the discharge 01 Its responslbllltles. !. A.cquisition cost 0/ purchased nonc.:z:- pendable personal pr<>pcTt.v.-Acqulsltlon cost 01 an Item 01 purchlLSed nonexpendable per- sonal propert)' means the net InvoIce unit price 01 the property Including the cost of modlficRtlons. atlachmen ts. accessories. or auxUlnr)' f1pparatus necessary to mnke the property usnblC' lor thC' purpose lor which It WILS acquired. Other charges such as the cost of Installation. transportatIon. taxes. duty or protectIve In-transit Insurance. shall be Included'or excluded Irom the unlL acquIsi- tIon cost In accordance wlLh the reclplent.s regular accountIng practices. g. E:rcmpt pr<>pcrty.-Exempt property means tangible personal propcrty acquIred In whole or In 'part wIth Federal lunds. and title to whIch Ls vested In the recIpient with- out lurther ohllgntlon to the Federal Govern- ment except as provided In subparngraph 6a beloVo'. Such UncondItional vestln!; or title wUJ be p\lrsul\nL to an)' Fedeml legIslation thnt pro\'ldes the Federl\l sponsorlnl; agenc)' With ndequate authorIty. 3. Real property.-Each Federal spor-sorlng a&enc)' shnll prescrIbe requirements for re- CIpIents conCernIng the use and dispOSitIon of .real propert)' acquired partl)' or wholly unoe" grnnts or other agreements. Unless otherwi$e pro\'lded by statute. such rqulre- rnC-J1ts. as R n1JninHJln, shall ("Onl.nl~ 1he :"llo.'lll>:: a. TItle La real propert\. shnll vest In the recipIent subject to the ~ondltlon that the recipient shall Use the renl property lor the authnr12ed purpose of the proJect.'ns long as It Is needed. b. The recipient shall obtaIn approval by the f'ederal sponsorlnE; ~ency lor the use or real property In other projects when the re- cipient det.ermlnes that LLe properly Is no lon!:er needed lor the purpose ot the orl(:ln..1 project. Use In other projects sh..1l ue Ilmltcd to th""e under other tederoJly sponsored proJ- ects (I.e.. grant.~ or other fL/:reements) or pro- grams that have purposes consl~tent wlUI those author17.cd lor support by the f'c<lernl sponsorIng "i'ency. c. When the real property Is no lon,:er needed as provIded In a and b "uove. the recIpient shnll request disposition Instruc- tions lrom the Federal sf>Onsorlnr. ar.ency or Jts ~ucccs~r Federal ::;J>on~()rlllr. n,~cr1C'Y. The I'ederal sponsoring agency sh..1l obscrve the tollowln& rules In the dlsf>Osltlon Instruc- tlons: (I) The recipIent mny be pcrmltt.e<l to re- tain 1I tie &Iter It compensates the Pederal Government In an amount comput.ed by ap- plying tbe Federal percentnge or partIcipa- tion In the cost 01 the orl!;'lnal project to the lair mILrket value of the property. (2) The recipient mILY be directed to sell the property under rruldellnes pro\'lded by the Federal sponsorIng a&ency and pay the Fe:!era! Government an amount comput.e<l by applying the FederoJ percentage o[ par- ticlpntlon In the cost of the orl(;1nal project \.0 the proceeds Irom 6ale (a[t.er deducting actual and reasonable sclllng and flx-up ex- penses, It any, Irom tbe snIes proccc<1.s). When the recIpient is authorl,...ed or required to sell the property, proper &lUes procedures shall be established that provIde lor competi- tIon to the extent practIcable and result In the highest possible return. (3) The recipient may be dlrect.e<l to trans- fer title to the property to tbe Federal Gov- ernment provIded that In such cascs the recipient shoJI be entitled to compensation comput.cd by applying the reclplent's per- centage o[ participation In the cost of tbe program or project to the current foJr mnrket value o[ the property. ~. Fedcraly-own.cd non.czpendabl<: per30nat propcrty.-Tltle to ledernlly-owned property remains vcst.ed In the Fe:1eral Government. Recipients shall submit anounlly an Inven- tory IlstlDg 01 ledernlly-owned property In theIr custody La the Federal sponsorIng agency. Upon completion or tbe agT<>ement or when the property Is no longer needed, the recipient shall report the property to the Federal' sponsorIng agency lor lurtber agency utI1l7.ntlon. It the Federal sponsorIng agency has no lurther need [or the property. It shall be declare:! excess and report.cd to the GeneroJ Services AdmJnlstrtlon. ApproprIate disposi- tion Instructions "'111 be Issued to the re- cIpient alt.cr completion of the FederoJ agenc)' revIew. 5. Exempt proper-ty.-When statutory au- thorIty eXists. (e.g., P.L. 8:>-93~. 42 U..s.C. 1892) title to nonexpendable personal prop- crt). acquire:! ...'lLh project lunds. shall be l'este:1 In the recipIent upon acquisitIon un- le"s I t Is det.ermlned th8 t to do so Is not In fllrthcrance 01 the objectIves 01 the Federal sponsorIng ILgenc~'. Wben title Is veste:! In the recipient. the recipient shall hRve no other obllgILtlon or accountabIlity to the FedcrAl Government lor Its u"e or disposi- tion except ns provided In On below. O. Other nonezpendablc properly.-When other nonexpene!nble tangible personal prop- erty Is acquired by a recipient wIth project lllnd". title shnll not be takcn by the Fc:1- CT.'] C'J"()t"("r-n:nC'nt but shtiII t"('sl In thr "-,- eJplent subject 1.0 the 101l0,,'ln/: condillons: 8. Right to Iran_jer tit/C.-For Items of nonexpendnble per.onal property ha\'ln!: IL unit ncquisltlon cost ot ~I.OOO or more. the Federnl 5ponsor1nc n~cnc)' mRY rC$crvc the right La trnnsler the title La the Federal J A-110:20 Government or to a third party named by the f'ederal Government when such t.hlrd puty Is otherwL.e eligible under existIng sLRtul.cs. Such reservation shnll ue ""bJect to the followlnr. standards: (1) The pn>perty shall be approprlat.ely hlentlne:1 In the gmllt or other ..!;reement or otherwise made known to the recJplcnt In wrltln/:. (2) The f'c<leroJ sf>Oll.<;()rlng agenc)' shall Isslle dispositIon IIl.~tructlons wlLhln 120 cal- cud.U' c1nys after the end ot the Federal SlIp- port 01 the project lor which It was ncqlllred, \I the Federal sponsoring agency I..Us to I...~ue dlsp()~ltlon Instructions within the 120 cnl- clHlnr <lay period. the recipient shall npply the stnndards ot sllbpnragrnphs Ob nnd Ge "s npproprlnte. . (:I) When the Federal sf>Onsorlnc ngenc)' exercises Its rlr,h t to take tI tic. the person nl property shall be subJeet to the provIsions lor lederoJly-owned nonexpendable propcrty dl"""s.~d In para(;'l'aph 4. above. (4) Whep title Is transterred either to the Fc<teral Oovenunent or to a third pILrty.the provIsions 01 subparagraph llC(2) (b) should lJe lollowed. b. U..e 0/ other tangible nonezpendable property jar which the rccipicnt ha.> tllle. (I) The recipIent shall UEoC the property In the project or pro(;'l'am lor which IL Was ncqulred as'long ILS nceded. whether or not thc project or pror,ram continues to be sup- f>Ortcd by Federal lunds. When no longer needed lor the Original proJect or program. the recIpIent shall use the property In con- nection with Its other lederally sponsored activities. In the loll owIng order 01 prlorlt)': (a) Activities, In the loll owing order 01 priori ty: (b) Activities sponsorc<l by other Federal ll{:enclcs. (2) Shared. u..c.-Durlng the time that nonexcmpt nonexpendable per60nal proper- t). Is hele! lor use on the project or pro!;Tam lor which It was acquired, the re<:lplent sball make It available lor use on other proJ- ects or progrnms II sucb other use will not Intertere with the work on the project or pror,ratn lor ,,'hlch the property W&6 origI- nally aoqulred. First prelerence lor such other use shoJI be given La other projects or proltT&ffiS sponsored hy ,the Federal agency that financed tbe property; second preler- ence shall be given to projects or pror,rams sponsored by other Federal agencies. It the property Is owned by the Federal Govern- men t. use on other acll vi lies not sponsored b)' the Federal Government shall be per- mIssible II authorized by tbe Federal agency. User charges should be co~ldered 11 appro- prla Le. c. Dupo.rition 0/ other nonczpcnd!,ble property.-When the recipient no longer needs the property as provided In 6b aoove. the property may be u&ed lor other actl"/l- lies In accordance wltb tbe [ollowlng stnnd- nrds: (I) No"":rpendabtc property with a unit ar.qui.'<ition cost 0/ less than Sl.OOO.-TIle re- cipient may use the property lor other Iloctlvl- tics without reimbursement to the Federal Government or sell the property and re- \.aln the proceeds. t2) Nonerpcndable personal propcrty with a unit acquisition co,,! oJ Sl,OOO or mOTC.- The recipient mn)' retain the property 10" other uses provided thILt compensntlon Is mnde to the original Fedeml sponsoring agcncy or Its successor. The amount 01 com- pe"""tlon shnll be computed by npplylng the peT'('ent_~ge of F'ed ern 1 p!'Jllelp":loll III the co.~t ot the orll'lnl\l project or progrnm to the currcnt talr mnrkct value ot the propcrt)'. H the recipient has no need lor the property nnd the propert). has lurther u"e vnlue. the recipient shnll requcst dlspo"ltlon Instruc- tions Irom tbe orl(;1\1oJ sponsoring agency. I Office of Management and Budget Circular A-110 (7/30/76) TIle )"edeT1\1 sponsoring flgenc)' shflll deter- mIne whether the property can be u>cd to meet the flgenq", requirements. Ir no n- qulrement exls!... wIthin thflt flgency, the I\vflllablllty ot the property shall be report- ed to tla Generfll Services ^dmlnlstntlon by the Federfll agen"y to determine ,,'hether .. requirement tor the property exls!... In other Federfll f\gencle.. The Federal sponsorIng flgency shflll Issue Instruction, to the recipi- ent no Inter thf\n 120 dny' nlter the recIpi- ent's request nnd the tollowlng procedures shall govern: (a) Ir ao Instructed Or II dl.sposltlon In- structIons are not 1"\Ied within 120 cl\len- dnr dnys nller the rcclplent', req\lest. the recipient shflll sell the property find reim- burse the Federl\l "ponsorlng agency nn amount computed by applying to the sales proceeds the percentage ot !"ederal partici- pation In the cost 01 the original project or proS'rnm. However, the recipient shall b" permItted to deduct nnd retf\ln trom the !"ed- ernl shMe liDO or ten percent ot the pro- ceeds, whichever I' grent"r, tor the reclplent.s selling and handllng expenses. (b) Ir the r"clplent l. In,tructed to shIp the property elsewhere. the recipient shall be reimbursed by the benelltlng F'ed"rnl agency with an amount ,,"'hlch IS computed by applying the percentage ot th" reCipient's particIpatIon 10 the cost ot the original grant project or program to the current talr market value of the property, plus any reasonable shippIng or Intel1m storage costs Incured. (c) If the recipient Is Instructed to other- wise dispose of the property. the recipient shall be reimbursed by the Federal sponsor- Ing agency for .uch costs Incurred In tts dlsposl lion. d. Property manapement standards for nonerpendable properl)/.-The reclplcnt'~ property ml\nagement standards lor nonex- pendable personal property shall loclude the lollowlng procedural requirements: (I) Property records shall be maintained accurately and shall Include : (a) ^ descrlptlon ot the property. (b) Manulacturer's serIal number, model number, Federal atock number. national stock. number, or other Identlncallon num- ber. (c) Source oC the property, Including gr..nt or other a!;Teement number. (d) \Vhether tItle vests In the recipient or the Federal Govunment. '(ej ^cqulsltloo date (or date received. If the propert\' W8.S furnished bv the Federal Government) and co~t. ~ (fj Percentage (..t the end 01 the budget year) ot Federal participation In the cost or the project or prol;rf\m lor "'hleh the prop- erty "'8.5 acquired. (Not ..ppllcable to prop- ....ty furnished by the Federal Government.) (g) Location. use and condition of the property ..nd the d.. te the Inlormatlon was r'porte<!. (h) Unit acquloolllon cost. (I) UIUmate disposition datl\, Including ds te ot dlsposl\l and anles price or the method u:sed to dct.ermine current fs..lr ma.rk.~t "a.)ue ....here a. reclplt'nt compen~ALes the Federa.l oponsorlnS' asency for Its .har.. (2) Propertv owned b\' the Tedcral Gov- ernmlnt mu.&t be mark~d to Indicate Ted- oral ownership. (3) ^ physlc..l lnventor)' ot propert" shall be t..ken ..nd the results reconciled ",.ith the property records a.t least once eVerv two yeRrs. Any dlnerenclt between quantities de- termined by the physical Insplctlon "nd those shown In the accountIng records shall be Investlgl\ted to determine the cau""s 01 the dlllerence. The recipient shall. In connec- tion wJth the Inventory, verlly the existence. current utilization. ..nd continued need lor the prope rty. (4) A control .),.tom .hf\ll be In errect to 1n.ur~ a.dequn.t.e Jlo.feb'unrd6 to pre'\"en~ l~. damagc. or the It 01 the property. ^ny 10", damage. or the It 01 nonexpendnble property shall be Investigated and tully documented; II the property w'" owned bl' the Tedera} Government. the rerlplent shall promptly nO- tlly the Federal ,p,)I1.orlng agency. (5) Adequately maIntenance procedur.. shall be Implemented to keep the property In good condItion. (6) Where the rcLlplent Is authorlud or required to sell the property. proper ...Ies procedures shnll be establl.hed ,,'hlch would provide lor competition to the extent prnctl- cable and result In tho hIghest possible re- turn. 7. Expendaule pCT30nat propat)/.-Tltle to expendable personal property shall vest In the recIpient upon acqul.llIon. It there '15 a resldun.llnventory ot such property exceeding t.l.OOO In totnl nggregate 1f\lr market value. upon termInation or completion ot the grant or other agreement. and the property Is not needed for any other tederally sponsored proJ"ct or program. the recIpIent shl\lI retain the property for u... on nonCederally .pon- sored activities, or sell It, but must In either . case. compensate the Federal Go\'Crnrnent tor Its share. The amount of compensallon shall be computed In the same manner ft.S nonexpendable personnl property. 8. Intanv1blc property. a. Invention. and palents.-lf any progrnm produces patentable Item... patent rlghl-<. proce"",e., or Inventions, In the course oC work sponsored by the Federal Government. such fact shall be promptly and tully report- ed to the Federal sponsoring agency. Unless there Is a prior agreement bet"'een the re- cIpient and the Federal sponsorIng agency on disposItion of such Items, the Yederf\l sponsoring agenc)' shall determine whether protection on the Invention or discovery shnll be 6Ought. The Federal sponsoring agency w1l1 also determine how the rights In the In- vention or discovery-Including rlghUl under any patent L"5Ued thereon_hall be allocated nnd administered In order to protect the pub- lic loterest cooslstent with "Government Patent Policy" (President's Memorandum for Heads of ExecutIve Depnrtments and Agenclea, ^ugust 23. 1971. and etatement of Government Patent Policy as prlntec;l In 36 F.R. 18889). b. CoPVri9h.ts .-Except as otherwl.sl pro- \'Ided In the terffi.5 and condltlons of tbe agr"'ment. the author or the recipient org..n- IzatlOn Is lree to copyrlr,ht any books. pub- IIcatlons. or other COpFle:htable m..t.rleJ. dC\'eloped In the coune of or under a J".d- eral agreement. but the Pederal spolllKlrlng agency shall reservo a ro)'ally-free. nonex- clusIve and Irrevocable right to reproduce. publish. or other,,'lse use, and to &uthorl.e others to use. the work for Government pur- p06CS. ArrACHMl:l<T O.--CnCtlLAa No. '\-110 ""OCUJI.).(J:,.,.T BTAMDAJltDS 1. Thl~ r~t.lachment proyldes s:ta.nda.rd5 for use by rec:plents In establlshlnl: procedure. lor the procurement ot supplies. equipment. construction and other ,ervlces with Fed~ra.l lunds. Theu standard. &re Curnlsh.d to en- :sure th~t luch materla.h; and. seTvlcep; a.re ob- taIned In an effective m..nner f\nd In com- pliance wIth the provIsions of applicable red- er"J I..,.. and executIve orders. No addltlon..1 procurement standards or requlrem~ntJ; shall be Imposed by the reder..1 sponsoring agen- cies upon recIpient>; unless speClnCf\lIy re- quired by l"edera) stntute Or executive orders. 2. The standards c.ontalned In this f\t\.lo.ch- m.nt do not relieve the recipIent 01 the con- tractu..1 responsibIlities &rIsing under It>; contra.cu. The reClp'ent 15 the responsJble ft.\!- thor1tj. without recour~c to the P'cdera.) spon- sorln!: f\gency regarding the settlement o.nd InU':A.ctlon of h.11 contrR.ctuf\.l find ft.d.mln1J,~ .1 A-110:21 tr..\Ive Inlles arising out ot procurements entertd Into. In support ot a grant or other a,::reemrnt. This Incl"Cl.. dl'putcs, claIm.., prote~t& of "",'n.rd, JlO'\tTM IYf\.Jul\tlon or other ffintten. of" eontrB.ctul\l naturt. )'fRttrra con- cernln. vlolntlon ot law f\rt to be reterred to s\lch local. 8tB"" or rederal authority... mny haTe proper }urledktlOn. 3. RecipIents mr.y u.e theIr own procure- ment policies and procedura.. no.....ever, all ro- clplents shBIl f\dhere to the .tnndard. oct torth In pnrngrf\phs 3 f\nd 4. f\. The recipient shall maintain a code or standnrd., ot conduct that shall !:overn the pertormnnce oC 1\4 officero, employ",,"s or ar,ent, enl:aged In the "wBrdlnr. nnd ndmln- Istrnt.lon ot eontracts lIalnS' redernl tund,. No employee, omeer or agent .hall pnrtlclpnte In the selection, "ward or administration ot 1\ contract In ...hlch I"ederal tunct.. are used, ,,'here. to hi. knowledS'e, he or hI. Jmmedlflte Camlly. partners. or organlzntlon In ..'hlch he or his lmmedlnte tBmlly or pnrtner h,,-, a nnnnCla) Interest or ,,'Ith ...hom h. I. nego- tlallng or hM an)' ..rrangement concerning pro. pectIn emplo)'ment. Tho reclplen{.,;' 01- nccrs, employees or agents sh..lI neither solic- It nor aoeept grntultl..s, fn"ors or An)'thln,:: of moneLI\TY vt\lue from contTnctor~ or poten- tll\l contrl\ctors. ~uch .t..ndnrds shall provldc tor dlsclpllnary acllons to be f\pplled tor vlo- lallon. ot such stBndarcls by the reclpleots' omcers, employees or O,f:ents. b. ^ll procurement ~..nsactlons shall b. conducted In a mann..- k> provide, to the 'maxlmum extent practical. open and free competlllon. The recipient should be alert to Orgl\nlz"tlono.l coomctJ; ot In\.crest or non- comp..tl tIT e prl\Ctlce& ..mong oon trnctoTl5 thl\t InAY restrl.:t <r. eUmJn"te competition or otllerwl.-.e restr60ln tr...ae. In order to en- sure obje<:tlve contra.ctor pertOTmance ..nd ellmlnal<> unll\.lr coenpetltlve adu.ntn.ge. con- trn.clX>r. thl\t develop or or...rt spcclficfltJon.5. requl~ments. rtnt.ementas of work. Invlt...- tlons tor bIds and/Of' requests tor ~ls should be excluded CJ'Offi =petlog lor suc-h procurements. Awnro. IIl:HUl be made to the bldd~ /arreror whose l1Id/ofTer l.s rcspons.lve to ttl. .0 11 c I ta. tilon t>nd H II>O<l t ad vr.n l8.€ eo'Ull to tM reel~t. price and other tn.cOOTl5 con- sldere.d. So1lcltstlo'" s.hell cl....r1)' set forth aU requlrements thllt tho bidder /orreror muet fuUIU In order for h'" ~/ol!er to b<! e.,.,.lu- ated by bhe re<:lplent. Any &nd all bld3/olfers lTlf'y ~ rejeot.ed when It Is In tbe recipient's In tAr..t to c\o 80. c. ^ll recIpients Nlall ...t.e.b1\6h procure- ment proceoures tbe.t provldf lor, at a m1n- Imum. the tollowl~ P":O"""1uro..!Tequlrem.ents. (1) Proposed pr~ent action. shall lollow . priX'e<lure to ......ure tho avoldl\nc. of pUJ'('~'l'6lng unneceo.sary or ch1p1lcatlve Iwnu. Where "pproprle.k. an analJ"1ls shall b. m&.doe of Ie""" and purcha.se. f\lloe1'nl\t.1vcs IX> dekrmlne ...h~h ",'Owd be the moet .conomloal. pr..ct\or..l p,~ment. (2) f>ollcltatlolU to<' ~oo<I<I 8.1"ld ~rvlces shall be 'based upon a clear and accur..t.e d....rlptlOn ot tlhe technic..l requlrem.ents tcr th. m..\Ao'rlal, prod""t or ~Ice to be procured. Such a d.,..,r!?t.k>n shf\.ll not. In corn.p-et.ltty-e procur.men\&, contatn fee.t.ure-s whIch unduly rCOltrlet com.p.t.ltlon. "Brand na.me DC' eqUAl" dUCTIpt.klns m<1Y ~ uud a..e & mel\n& to o<<-t"ln. the pertormlLoo4' or other ..alh'nt r.quirell"'lentl of a procuTemC'nt, ..nd when a-o ulllOd the- sp.cinC 1ef\tures 0: the no.med bTlLnd .....hlch must be met by blddoro/ oller::>rs shaJJ b<! clee..rlJ' '1nc.ll\ed. (31 Po.ltlve errorts :>hf\1l be mMIe by the reclplenL. to ullllze sman buslnel<l\ al'd ml- norttv-owned. bustneN 50urces or eupoHcl and ~orvle."', Such errons should ..110.... theM sources the mo.xlmum 1"....lble opportunity to co""pe~ tor contraelo utlHz:.lng }"ederal lun~. (4) 11lt type or f""O<'\Irln~ lrutrum.nto u,ed. ...., I\xed prlcl conlra.cU,. ooet rolJ'n- I Office of Management and Budget Circular A-110 (7/30/76) bursable oontracl.s, purchlk".C orders, Incen- tive contrnct.<. shall be determined by Ult rt'Clplent but must be appropriate tor the partloular procurcmen t alld for pr()m,.,tlll(~ the best InterC6t of the prormm Im'ol,'ed. 111e "cost-plu.;-a-percentage-oI-cos~" meWl- od of contrn.ctlng shall not be uSC'd. (5) Oontr(I.Ct.< shnl be made 0111)' with re- sr>onslble contrl\CWTS who po=<;<; the po- tentlon/l..! abilIty W perform suctt5"hllI)' under the terms clld condItions ot a pro- posed procurement. Collslderntlon ,.hall be gIven to such mAtt.crr. ..., cont.mct.or In LebTl t)'. rcoord of past performtUlce. Onallclal and techlllonl resource.' or ncc~blllt). 1.0 oWler neceSSArY rCSO\Jrr..cs. (G) All proposed sole source cOlllrarts or \I,;h('rc only one bid or proJ'XY.in..l is rN:ctvcd In whiah the l\f;~rCj:nte expendIture 13 ex- [><'Cted toO exceed '-5,000 shILII be subject t.o prIor approval at the dl.<oeretl'lll ot the Fed- eral sponoorlnr, '4;enC)'. (7 J Some form ot price .or COGt I\1lah'sls should be mnde In conllectlon with e~erl' procurement acUon. PrIce annl)'slG ITV\)' be accompll..<.hed In \'arlour, way.;, Includlllg the comparison of price quotJ\Wons submItted. IDnrket prices and similar IndicIa, l.ogethcr wI t.h dl:>oou n ts. C<x;t aTlf\lvsls Is the revle"" and evaluation ot Cfic.h eie.mcnt of co..,.-t to detcnn1ne roosono.bleness, a lIoca.b I II t\' and allowa.bUlty. . (B) Procuremcnt recordn and Oles for pur- cho.s.es In elC'CeSS of "10,000 shall Include the tollow!lns: (a) B85ls for contT'll.Ctor selection: (b) JU6tlficatlon for lack of competition ",'hcn compet..ltlve bIds or orren; a!"e not obtained.; (c) Basis for award. C06t or price. (9) A 6ystem (or contract a.d:nJnlstmtlon shall be malnt.nJned to ensure contrnctor conformance with terms, condItions and specifications of the coo tract, nnd to ensure a.dequate and timely followup ot all pur- chases. . {, The recLplent shall Include, In addItion to provisions to define a sound and complete . a!;Teement, the followIng pro\'1Slons In all contracts. These provIsIons shall also be ap: plied to subcontrn.cts. s. Contrn.cts In excess of no,ooo shrJI con- tain contractu.al provisions or C()nd~tJon~ !.hat will tilo",' for a.dn11nlGtrntlve. cont~- 1;Un.l or legal remedJes In lnstnncc:; In "'"blah contra.ctors \"Jola.t.c or brench contract tcnns Imd provIde tor such remedial actIons ..; m.sy u., appropriate. b. All contrn<:ts In excC'S.5 ot ~IO.OOO shnl! conbnln suJt..o.blc pro\'1..'"ilons for Le:-mJnf'.Uon bl' the recIpient Including !.he mnnner b,' ""hlch terrnJnat.lon ",'111 be eITectcc and t.h~ bAsis for settlement. In a.ddltlon, suc.'! con- trn.cl.s shall descrIbe conditions under whiCh the oont.mct mA)' be LCnnlllaLcd for dcfILlllt R..;' weU as conditions where the contrf\..Ct OHl}' bc: t('rrn!nntcd b<"Ctl.u~c of cIT"C\lJl1...c:.ul.nc~ Uc- yond the control of tJ1e oont.TRClOr . c. In ail contracts for con.c:.trucUon or fR- r.llit!' lrn.pro\'f."nlcnt awa.rded for lnorc thnn ~IOO.O[)O. recipients shall ob6crve t.he Oolld- 111(; rcqulrcln('nts pro\"ldcd In Al.u~cJuncnt 13 1.0 this circular. d. All contract.~ a",'arc1ed by reclplellt..< and their OOlllrn..ct.or.~ or 5Uup.Tnnt..ecs hn.vlng a vallie of more than $10,000, sha.ll conl..ln a provision requlrLng complt.nnce "'it.h Exccu- tl\'e Order 112.G, entitled "Eqllal F..mploy- ment Opportunlt)'," ns amenc1t'd br Executive Order 11375. nlld as supplemented III Depnrt. mellt of Lnbor regulntlons (41 CPR, J"lu"t GO). c. All cUIlt-rILet.s nnd 5uh~rnnL-; 10 cxccs..c; of ~,2.000 for construction or rcpnlr DWf\rdcd hy recipient.s Rnd subrcclplcnl..Ili shnU lnel ude 1\ provision tor eompllnllce with the Copelnlld "Anti-Kick nack" Act (IB U.S.C. 874) IL.' supplemented In Depnrtment of Lubor re!:ulntlons (29 CF'R, Part 3). ThIs Act pro- vides thnt each contructor or slIbgrnntee shnll be prohibited (rom Inducing. by any means. nn~' person employed tn the con.c;lruc- Lion, completion, or repair ot public work. t.o gIve up any part of the compensatloll to which he Is other",'lse entitled. The recIpient shall report 1'.11 suspected or reported vlola- tlons to the Federal sponsoring agency. r. When required by thc Federal pror,rnm legl61atlon. all construction contracts awarded b)' the reclplenl.s and subreclplents 01 more than ~.2.000 shall Include a provision tor compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and ns supplemen'lcd by Department ot Labor regulations (2P CPR, Part 5). Under this Act contractors shall be required to ps)' ""agcs to laborer6 and me- chanICS at s rate not less than the minimum "'ages spectOed III a wage determination made by ,the Secretary of Labor. In addItion, con- tractors shall be required to pay wages not less than once a week.. The recipIent shall place a copy of the current prevailing wnge determInation Issued by the Department ot Labor In each solicitation and the award of a contract shall be condHloned upon the acceptnnce of the "'age determInation. The recipient shall report all suspected or re- ported violatIons to the Federal sponsoring agenc)' . {;. Where "ppllcable, "II contracts awarded by reCipients In zxcess of ~.2,OOO for construc- tlon con'tract..c; nnd In exceES or t-:!.500 rOT other contracts that In\"olve the employment of mcchanlc5 or laborers. shall 1nclude a pro- \,Islon tor compliance ""Ith 6ectlons 103 Rnd 107 of the Contrnct Work Hours Rod Salet\" Standnrds Ac~ '40 U.S.C. 32.-330) as sup-- plemented by Departmen,t of Labor regula- J A-110:22 tlons (29 CrR. Part 5), Ullder section 103 (If the Act. ench conlrnctor !'ihall be TC- qutr~d to (".(\Il11l\Jlc the \\!ngc~ of {'\'C'ry Jll€'- chnnlc R.lId ln~orcr on the ba~1s of l\ standnrd work dny of Po hour.=:. nnd n. slllndllrd work \1."('(').:. of 40 hours. \\'ork 1n cXcC'..ss of lhe st.andnrd workdny or wor~:\l,'crk 1:'; pcrrHIs.slble pro\'1dcd lhA..t, the worker Js cOInpcl\~nlCd nt n raLe o( not less thnn 1 y, times tilt' bnslc rat!' of PRY for 1\11 hours wor}~l'd in cxccs~ of B hours in nny cnlendlH dny or 40 hOUTS In t.he workweeK. Section 107 of the Act Is npplJcnbJc to ("oll.oslr\lcllon work nnd provldrs thnt no lnborer or nlcrhnnic shnll be rC(l'lir('d lo work IJI st1rroull<llng~ or ullder worklng cnrH.lI t1on~ whkh nre \I nsnnl t.nry, h~zardo\ls or ctnngcro\1:5 \.0 hls health and sl\kly 11....<'; d('. \l'rJlllnC{j under construc.tlon s'dcl~' n.lld hcnlth stnndards prnrnulgnt.C'G by the Srcrr.. lnry or Lnbor. These rcqt1irC'lll(,l1t:i du 'lot npply to thl.' rUfch1\.SCS of sllrpltc~ or nlfile. rials or nrtlr.lcs ordinnrtly nvnllnblc on the opeJl JnnrKe\.. or contrnct..o; for tnLJ1~porlnLlon or lransnll~"ton or lnt.clllg'cnce. h. C<Jntract.< or a[(reement.'. t.he prlllclpal )lurpose of which I., l.o crente. develop or Im- prove product.s. processes or nlct.liod!'; or for exploration Into fields thnt dIrectly cOllr.ern pllbllc henlth. satet)' or welfare: or contTllcts III the field ot scl~nce or technology In whIch there hns been little <01:nlflcnnt experlellce ollt.~lde of work tunded b)' Fcdernl n.o;.slst- nnce. shnll contain" notice to the eflect .thnt mntLcrs resnrdlnr, rlght..C\ to inventions nnd mulcrln)s generated under the contrnct or af;reement are sllbject 1.0 the regulntlons 15- >ucd b)' the Federnl sponsorIng agenc)' nnd the recipient. The contmctor shnll be ad- vl"-ed as to the source or addl tlonal Informa- tlon regllTdlng these mnttcrs. I. All negotiated contrnOl.s (except those of ~IO,OOO or less) a",'nrded by recipIent.., shnll Include " provision to tbe eITect thnt t.he recIpIent. the Fcdernl spon.~orlng agency, the Comptroller General o( the UnlLcd States. or /lny of Ithelr dill)' authorl7.ed represeI1tn- tlves, shall have "cce", to any bOOKS. docu- ments. papers and records of the contrnctor ",'hlch are dIrectly pertinent. to a epeclOc pro- grnm for t.he purpose o( makl ng nud! ts, eu,rnlnatlons. ex""rpt., and trnnscrlptlons. j. Contracts and subl(rants 01 amollnts In excess of ~IOO.OOO shall contnln s provision that requires the recipIent to aF:ree to com- I'll' ",.lth sll appllcable st..nndards. orders or reF:ulntlons Issued pllrsunnt. to the Clear Air Act of ; P70 (~2 U .S.C. ] 857 et see;.) and the Federal Wat.cr Pollution Contr,,1 Act (33 U.S.C. 1251 et seq.) as amended. Vlolntlons shnll be reported to the Federal sP9nsOrln{; n~cnc\" and the ReJ::lonal €lffice of the En- \'lron;""entRl Protection Agency. . I PR Doc.76-21904 FlIed 7-29-76;B :45 am) I APPENDIX H OMB Circular A-I22 I .. I Office of Management and Budget Circular A-122 (6/27/80) OH'lCE OF MANAGEMEHT AND BUDGET C1rcolar A-122, "Cost Principles for Nonprofit Organizations" AGENCY: Office of Managp.nlent and Budget. ACTfON: Final Policy, June 27, l!IUO To The Heads of Executive Departments and Estnblishments Subject: Cost principles for nonprofit organizations, 1. Purpose, This Circular estalJlbhea principllls for determining costs of grants. contracts lInd other agreements with nonprofit organizations, It does not apply to colleges ar.d universities which nre covered bv Circular A-ZT: Stnte, local. and fc"demlly :ecogn:zed !ndian tribal governmp.nts which are covered by Circular 74--4; or hos;:;itc::ls. The principles are designed to provide that the Federal Government Lear its fair share of costs E:xceot where rcstri::ted or prohibited by law. The principles do not a ttemptto prescribe"the extent of cost shurir.g or matching on'grants, contracts, or othe: agreemel:ts. However, such cost sharing or ma tching shall no: be accom;:>lished th1'ough nrbilrary limitations on individual cost elements by Fede.3l agencies. Provision fer profit or other increment above cost is outsids the scope of this Circular. 2, Sl.'persession. This Circular supersedes cost principli:s issued by individual agencies for non"proflt organization, 3, Apphcabi/ity, a. T-hese principles shall be used by all .Federal agencies in determining the .costs of work performed by nonprofit organizations under grants, cooperative agreements, cost reimbur::ement contracts. and other contracts in which costs are used in p;-ir.ing. administration, or se.ttlp.menl. All of these instruments arc nereaflcr referred to as awards, The principles do not apply to awards under which an organiza tion is not required to accoant to the Government for actual costs incurred, L. All cost reimbursement subuwanls (subgrants. subcontracts, etc,) are subi~Cl to those Federal cost principles applicable to the particular organization concerned, Thus, if a subaward is to II nonprofit organization, this Circulnr shall apply; if a" sllbaward is to a commercial organiza tion. the cost principles applicable to commercial CC:lcerns shall apply; if a subaward is to II college or unh'ers:t\', CircuJ<.Ir A-21 ~hall Anpl\'; if a ~lIba~'..nrd if; 10 n St;lle. 10caJ,-or federB11yreoci~i:7..ed Indillni tribal government. Circule.r 7~ sball oppl}'. 4. Definitions. a, "Nonprofit organizotion" means any corporation, trust, II'9socia tion, coopera tive, or other organization whi-ch (1) is operated primarily for scfentific, educational. service, charitable, or similar purposes in the public interest; (2) is not organized primarily for profit; and (3) uses its nel proceeds.to maintain, Improve, and/ or expand its opera tions. For this purpose, the term "nonprofit organization" excludes (i) colleges and universities; (ii) hospitals; (iii) State. local. and federa!!y recognized Indian tribal governments; and (iv) those nonprofit organizations which arc . excluded from coverage of this Circular in accordunce with paragraph 5 below. b. "Prior approval" means securing the awarding agency's pc:rmission in advance to incur cost for those items that are designated as requiring prior approval by the Circular. Generally this permission ......ill be in writing. Where <.In item of cost rFquiririg prior approval is specified in the budget of an.award, approval of the budget const"ilutes approval c;f t~at cosl. 5. Exclusion of some nonprofit orgonizations. Same nonprofit organizations, because of their size and nature of operations, can be considered to be similar to commercial. concerns for purpose of applicability of tost principles, Such nonprofit organizations shall operate under Federal cost principles applicable to commercial concerns. A listing of these organiza tione is con.tained. in. Attachment C. Other organizations may be added from lime to time. 6. Responsjbj/iliefi. Agencies responsible for administering progra.ms that involve awards to nonprofit organizations shall implement the provisione of lh.is Circular, Upon reques!. implementing instr:.1ction shall be furnished to the Office of Management ~.ld Budget. Agencies shall desisnate a liaison official to serve as 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 Management and Budget within 30 days of the date of this Circular. 7. Attachments, The principles and related policy guides are set forth in Ule follo....rjng Attachments: Attachment A~Deral Principles Attachment B-Sclected Hems of Cost Attachment C-Nonprofit Organizations Not Subject \r This Circular I A-122:1 8. Requests for ex cepUOJlS , The Office of Management and Budget may grant exceptions to the requirements of this Circular when permissible under existing law. However, in the interest of achieving maximum UnifOlll1it}'. exceptions will be permitted only in highly unusual circumsl.ance5, 9. Effective Date, The provisions of this Circular are effective immediatel\'. Implementation shall be phased in by' incorporating the provisions into ne\v awards made after the start of tne organization's next fiscal year. For existing awards the new principles may be applied if an organization and the cognizant Federal agency agree, Earlier imI1JementLltion. or a delay in implementation of individual provisions is also permitted by mutual agreement between .morganization and the cognizant Federal agency, 10, inquiries, FurUler information concerning this Circular may be obtilined by contacting the Financial Management Branch, Budget Review Division, Office of Management and Budget. Washington, D.C, 20503. telephone (202) 395-47i3.- James T, Mcintyre, Jr.. Director, ICircular No, A-1:!2} Attachmenl A General Principles Table of Contents A, Basic Considerations 1. Composition of lolal costs 2. Factors affecting allowability of costs 3, Reasonable coslS 4. Allocable costs 5, Applicable credits O. Advance understandings B. Direct Cosla '\ C. Indirect Costs .. D. Allocation of Indirect Costs and Determination of Indirect Cosl Rate, 1. Genp.ral 2. Simplified allocation method 3, Mul1iple allocation base method 4. Direct allocation method S. Special indirect cost retes E. Negotiation and Approval of Indirect Cost Rates 1. Definitions 2. Negolia tions and appro\'al oj ra tes [Circular No. A-::22] Allachmcol A Ger:ernl Principles A. Dosie Considerations. 1. Composition of total costs. The total cost of an award is the ~um of the allowable d,reclllnd llllocable indirect costs less any applicable credils. 2. Factors oFcclins cllvl<'obilily of (;05Is. I Office of Management and Budget Circular A-122 (6/27/80) To be allowable \D1der an aWard, costs rrro~t m~t the following g~neral criteria: a, Be reasonable for the performance of the award and be aUocabJe therelo under these principles, b, Conform 10 BO}' limitations or exclu8ions set forth in these principles or in the a wllrd as to trpes or amo~nt of coslilems, c. De consist C'l;lt wjth policies and procedures that apply unilormly to both lederally financed and other Activities of the organization. d, De Accorded comistel,ttreatmenl. e. Be determined in accordance wIth generally accepted accounling principles. r. Not be included as a cost or used to meet cost sharing or matchi~ requirements of any other lederally Iinanced program in either the current or a prior period, e. Be ad~quately documented. 3. Reasonable cosJs, A cosl is reasonuble if, in its nnlure or amount. i(does not exceed that which would be Incurred by "a pn:dent person under the circumstrmces prc~"aning a\ the time the decision was made to incur the costs. The question of the l'easonableness,of specific cos:s must be scrutinized with particular care in connectign with organi::a tions or separa Ie di\'isions thereof which receive the prepolld"erance of their support from awards made" by Fede"ral agen.cies.ln determining the reasonableness of a given cost, consideraticn shall be given to: a. Whether the cost is of a type generally recognized as ordinary and necessar}' for the operation of the organization or the performance of the award. b, The restraints or reCJuirements imposed by such factors as generally accepted sound business practices, arms l"eng:h bargaining, Federal and State laws and regulations, and terms and conditions of the award. c" Whether the indivldlial6concerned aCled '.~ith prudence in Ihe circumstances, considering their responsibilities to Ihe organizalion, its members, employees, and clients, the public at large, nnd the Governmen l. d. Significari t dcvia tions from lhe established practices of the orgJnization which ma)' unjustifiably increase the award costs. 4. Allocable casu. a. A cost is allocable to a particular cost objective. sucl: as a grant. project. service, or other activity. in accordance with the relative benefits received. Acost is allocable 10 a Government award if it is treated consistently with other costs incur:-cd for the same purpose in like circumstances and if it (1) Is incurred specificallv for the sward, (2) Benefits both the awa'rd and other work and can be dis:ributed in reasonable proportion to the benefils received. (3) Is neccssary to the overall operalion of the organization, although a direct relalionship to any particular cost objeclive cannot be shown. b. Any cost allocable to a particular award or other cost objeclive under Ihese princoiples may not be shilled 10 other Federal awards to overcome Iundino: deficicncies, or to avoid restrictions imposed by Jawor by the terms of ihe award" 5. Applicable cred.iL~. a, The term applicable crcdits refcrs to those receipts, or reduction of expenditures which opcrate \0 offsct or rcduce expanscs items that lire allocable to awards as direct or indirect COStl. Typical eXAmples of such tran!actions are: purchasc discounts, rebates or allowances, recoveries or indcmnities on losscs, insurance refundl, and adjustments of overpayments or enoneous chargel. To the e)(tenlthat such credits accruing or received by the organization relate to allowable cost they shall be credited 10 the Governmcnt either as a cost reduction or cash rclund as " appropriate. b, In some instanccs, the amounts received form the Fcderal Government 10 finance organizational activiticl or service operations should be trealed as applicable credits. Specifically, the concept of r.elling such crcdit items against related expenditures should be applied by Ille organizalon in deterrning the rn les or amounls to be organizai:on in determinin~ the rates or arnaounts tobe charged to Federal awards fnr services rendered whenever the facilities or other resources used in providing such "services havc been financeu directly, in whole or in part, b}' Federal funds, a(c) For rules covering program income (Leoo gross income earned from federally supported activities) see Attachment D of OM13 Circular A-ll0. 6. Advance and underslandings. Under any given "award the reasona blenc-ss and allocability of certain ilems of costs may be difficult 10 determine. This particularly true ill conoection wilh OrgizBlio~ thai receive a preponde";.ance of their support from Federul agencies. In "order 10 6void ,ubsequent disallowance"or dispute based on unreason<ibJene~s or nonallocabilitv, It is often desirable to seek a wriiien ag'reement with the cognizant or Qwarding "agenc); in advance 01 the incurrence of special or unusal costs. The ebsence of an advance a.I1TCement on anv element of cost will not, in it~eJf. affect the ;easonableness or aliocability of that element. B. Direct Costs 1, Direct costs are those that can be identificid specifically with a particular final cost objeclive: Le.. a particular award, project. service, or other direct activity of an crg;mizalion. However, a cost may not be assi'i!ned 10 6.n award as a direct cosl if anv oih~r cost incurred for the same purpose, i~ like circumstance, has belm allocated to nn award as an indirect cosl. Cost identified s;-:<:ciflcAlly with Awards are direct cosl of the a wa:-ds I!nd ere 10 be assigned directly thereto. Cost identified specificaliy with other fi"al cost objectives of the organization are direcl costs of those cost objectives and arc nol to be assigned to othzr award. directl\' or inrlirectly. - 2. !~ny direct cost of a minor"amount mny be lr<>3 led as en indir~ct CC'~i ofar reasons of pruclicality where the ar-collnt treatmen: fur such cost is consistently opplied to all finnl cost objectives, 3, The cosl of certain activities ore not el!ow;.oble 110 chargl's to Federal awards lse~. for e~:ample, lund raising costs in paragr;.oph -, A-122:2 21 of f\llnchment B), However, even though these cost~ lire unallowable for purposes of computing charges to Federal Bwards, the\' nonelhele~5 must be treated as direct cost for purpose. of determining Indirect cost rates and be allocaled their share of the orgAnization'. indirect costs if they represent ocliritieswhich (1) include the SAlaries of pcrsonnel, (2) occupy ~p~ce, and (3) bencnt from the organization's indirecl cosls, 4" lbe costs of aclivilie. performed primarily as a service to members, clients, or the general public when significant nnd necessary \0 the orgunization's mission must be Irea ted as direct costs when or not ollo';"able and be allncnted an equilahle share of inuircct costs. Some eXRmples of thcse type, of activities include: II" Maintenance qf membership rolls, subs"r.riptions, publicatiom, and rclnted f unt:lions. b. Pro\'iding scrvices and information to members, lcgislative or administrative bodies, or the public, c, Promotion, lobbying. and other forms of public relation!. d. Meetings and conferences except those held to conduct the general administration of the organization, 3. I\lainlenacne, protection, and investment uf special funds not used in opera tion of the orgunizD t ion, r. Administration of group benefits on beheH of members of clients including life "and hospital insurance. annuity or retirement plans, financial aid, etc. C. Indirect Cost. 1. Indircct cosls are those that have been inc::rred [or common or joint objectives and cannol be reildily. identified with a particu\ui final CC'st objective, Direct Cust 01 minor ar.lOunls may be treated as indirect costs under thi! clJndilions described in paragraph 13"2" above, Aile. dir<>ct costs have been determined and assigned direclly to awards or other work as appropriate, indirect costs l\r~ those rem:;ining to be allocated to benefiting COf', objectives, A cost m~"y not he allocated 10 an award as an indirecl cost if flllY olher cost incurre4l for the iame purpose, in Eke cir~umolance~, "has been assi!,~ed to an l<,,:ard as a direct coot. l 2, Bccause of the diverse characteristics Rnd accounting practices of nonprofit crganizations, it is not possible to specify the typl'S of cost which may be classified as innirp.ct cost in all situation. However, typical e"xamples of indirect cost for many nonprofit o:"sanizations may include depreciation or \;se allowance..s or. buildings end equipment, thc costs of oper.,:ing and maintaining f.,cilities, and general Rdministrstion and g:"ne.al expenses, such a~ the salaries and expenses of executive officers, personnel odrr.irlistralion, Bnd accounting" D. Allocation of Indirect Cost and D,,/crminotion ~f Indirect Cost Rutes. 1. General. a" Where a nonprofit oq!aniZR tion has only unc rr.Hjur function, or where ail its major functions benefit from its indirer:l costs to approximately the same degrl'e, the Hllocp.lion of indi;cct coosts IInd Ihe I Office of Management and Budget Circular A.122 (6/27/80) computation of an indirect cost u Ie a>.&y be accomplished through simplified alloClilion procedurel liS do scribed in para/V"ph 2 below, b. Where an organir:ation hal several major functions which benefit from its indirect costs in varying degrees, Illloclltion of indirect costs may require the accumulation of Iluch costs Into separate cost groupings which then are allocated individually to benefiting functions bv meAns of a base which best measures the rf)lotive degree of benefi\. The indirecl costs &.lIocaled to eAch function are then distributed to individulll Rwards and other Activities included in thaI dunction by means of an indirect COllI rote{s), c. The determination of what constitutes an orgAnizalion's major functions will depend on its purpoae in being: the types of scrvice5 it renciers to the public, its clients, and ils members: anti the Itmount of effort II d"votes to such activities os fund raising, public information and membership activities. d. Specific methods for alloca ting indirect costs and computing indirect cost roles along wilh the conditions under which each method should be used are described in paragraphs 2 through 5 below, e, The base period for the II1l0cation of indirecJ costs is the period in which such costs are incurred and IIccumula ted for allocation wo work performed in that period. The base period normally should coincide with the organization's fiscal yaar, but in any evnt, shall be so selected as to avoid Inequities in the alloca tion of the costs. z. Simplified allocotion method. a. Where an organization's majur functions benefit from its indirect COits to approximatel)' the samE' degre, the u!localion of indirect costs ma~' be acco:nplished by (i) separating the organization's total costs for lhe ba~e period as either direct or indirect. nnd (ii) di\'iding tbe total allowable indirect costs {net of ap.piic:able credits} by an equitaule distribution base. The result of this process is an indirect cost rate which is used 10 distribute indirect costs to individual a wards, The rsle should be expressed as the percentuge which the lo(al amount of allowoule indirect costs bears to the base selected. This method should alos be used where an organizalic>n has only one m"jor function encompasFing a number of individual projects or /lcth'ilies. and may be u~ed where the level of Federal awards to an orgonization is relatively small. U, both the d:rilct costs and the indirect ccsts shall exclude cap;tlil expenditures and unallowable costs, I iowever. unallowllble costs which represent Activilies must be included in the direct costs under the conditions described in paragraph B.3. above. c. The distribution base ma}' be total direct costs [excluding capital expenditures and other distorting items, such IH major subconlr"cts or s:Jbr;rantti), direct se\aries and woges, or other base which results in an equitable distribution. The distribution bose shall generally exciude pa;ti..ipa:11 suport cosL. as defined in paragraph Z9 of Atlac:hment B, d. Exce~'t where a speda! ralels) i;; required in accordance with paragraph 0.5 below. the .indirecl..GQ1l1 ule ~......loped. ....&r the abrlve prinr,ipw.s ~Il aro>liCllbk.ID all aWIIN!I a tthe O<1laniwiion..u a special ra tel s) is raquired.apprapria ta modif&CM lions shall be made in order ID develop .lhe special ratels). 3. Multiple allocalion base OIet/rod. &. \Vhere an o'1!anization's indirect costs benefit its majorfunctiona in varying degrees. such costs shall be accumulated into separate cost grou~s, Each grouping shall then be allocated individually to benelillng functions by means of a base which best measures the relative benefits. b. TIle groupings shall be eSlnulished 50 as to permit the allocation of aach !lroujlin~on the basis of benefits provided 10 the major functions, Each groupin:; should constitute a pool or expenses Ihat arc of like character-in terms of the func:tions Ihe)' henefitund in tenns uf the olluLuli"u hu"" whh~1 l",~t measurs the relutive benelils providd to each function. The number of separate groupings should be held within practical limits. taking into consideration the materiality of the amounts im'olved and the degree of precision desired. c. Actual conditions must be taken into aCLount in selecting the base to be used in alloca ting Ihe expenses in each grouping to benefiting functions, When an allocation can be made by assignment of 8 cost grouping direct'" 10 the function benefited, the sllocaiion shall be made in thai manner. When the expenses in a grouping are more general in nature. the allocation should be made through the use of a selected base which produces results that are equitable to 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, direct salaries and wages, slaff hours applied, square feet used, hours of usage. number of documents processed, population served, and the like) and (ii) it is common to the benefiting functions during the Lase period. d, Except where a special indirect cost raters) is required in accordance with paragraph D.S. below, the separate groupings of indirect costs allocated 10 each major Junction shall be agrl'galed and treated as a common pool for that function. The costs in the common pool shall then be distributed to indivisual awars included in that function by use of a single indirect cost rate. e, The distribution base used in computing ti,e indirect cost rate for each function mov b~ total dirp.ct costs (excluding capital . c::penditures and other distorting items such us major subcontracts and subgrants), 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 pllragraph 29, Attachment B. An indirect cost rate should be developp.d fir each separate indirect cosl pool developed. The rate in each case should be slated as the percentage whic:h lhe amount of the particular indirect cost pool is of the distribution base identified .1 A-122:3 with tha t pool. 4. Direct allocotion method, a. Some rnmprofit organizations, \reat all costs as direct costs expect general administration and general expenses. These organizations generally separate their C06ts into thre basic categories: (i) General administration and general expenses, (ii) fund raising, and (iii) other direct functions (including projects performed under Federal nwards), Joint costs, such as dE'preciation, 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 appropriale to the particular cost being prorated, b. This method is acceptable provided each joint co.st is prorated using a base which Ilcc:uro'tel\' meusures the hencrit~ provided to ellLh /Iwu"rd or "liter uLllvll\" The: bll""" 11I11/11 be established in accordan~e with resonable criteria, and be supported by current data, This method is compatible with the Standards of Accounting and Financial Reporting for Voluntary Health and Wellare Organizations issued jointly by the National Health Council. Inc.. the National Assembly of Volunlary Health and Social Welfare Organizations, and the United Way of America. c, Under this method, indirect cosls consist eclusively of general administration and general expenses. In all other respects, the orgoni::ation's indirect cost ratess sha! be computed in the same manner as that described in paragraph D.2 above, 5: Special indirect cost rates. In some instances, a single indirec:t cost rate for all ' activities of an organization or for each major function of the organization ay not be appropriate, since it would not lake inlo accounlthose different factors which may substantiallv affect the indirect costs applicable t~ a particular segment of work. For this purpose, a particular segment of work. For this purpose, a particular segment of work may be that performed under a single award or il may consist of work under a group of awards performed in a common environment. the faclori may inClude the physicalloca tion of the work, the level of Rdministrative support rE'quired, the nalure of the facilities or order resources employed, the scientific disciplines or technical skills involved, the organizationol arrangements used, or anv combination thereof. When a particular ;egment of work is performed in an environment which appears to generate a significantly different level of indirect costs, provisions should be made for a separate indirect cost pool applicable to such work. The separate indirect cost pool should be developed during the course of the regular allocation process, and the separate indirect cost rate resulting therefrom should be used provided it is determined that (i) the rate differs significantly from that which would ha\'e been obtained under paragraph D.Z, 3, and 4 above, and (ii) the volume of work to which (he rate would apply is material. E. Negotiation alld Approval of Indirect Cost nales. I Office of Management and Budget Circular A-122 (6/27/80) 1. Definitions. As uscd in this section, the lollowl~g lcrms have the meanings setlorth bclow: a. "Cognizant agency" means the Federal agency responsible for negotiating and approving indirect cost rates for a nonprofit organization on behalf of all Fedcral agcncir.s. b. "Predetermined role" means an indirect cost rate. applicable to a spccified currcnt or future period. usually the organization's fiscal vear. The rate is bascd on 8n cstimate of the ~oSls to be incurrcd during the period. A prcdctermined role is not subject to adjustment. c, "Fixed ratc" mealls on indirect cost rate which has the slime charactcristics as 8 predetermined rate, excepl thotthc difference between the estimated costs and the 8ctuol costs 01 the period covercd by the rute is carricd lorward 8S an adjustment 10 thc rate computation of a subsequcnt period, d, "Final rate" means an indirect CClst rate applicable 10 a specified past period which is based on the actual costs of the period. A final rate is not subject to adjustment. e. "Provisional rate" or billing rate means a temporary indirect cost rate applicable to a specified period which is used for funding, interim reimbursement. and reporting indirect cbsts on awards pending the establishment of a rate for the period. f. "Indirect cost proposol" means the documentation prepared by an organization to substantiate its claim for the reimbursement of indirect costs, This proposal provides the basis for the review and negotiation leading to the establishment 01 an organization's indirect cost rate, g, "Cost objective" means a function. organizational subdivision, contract. grant, or other work unit for which cost dota arc desired and for which provision is made to accumulate and measure the cost of processes, projects. jobs and capitalized projects. 2. Negotiation and opprol'a/ of roles, a. Unless different arrangements arc agreed to by the agencies concerned, the Federal13gcncy wil.h the lorgest dollar value of awards with an organization will be designated as the cognizant agency for the negotiation and approval of indirect cost rales and. where necessary. other rates such as fringe benefit and computer charge-out ra tes. Once an agency is assigned cognizance lor a panicular nonprofit organiza tion. the assignment will not be changed unless there is a major long-term shill in Ihe dollar volume of the Federal awards 10 the organization, All concerned Federal agencies shall be given the opportunity to participate in the negotiaflon process, but aller a rate has been agreed upon it will be accepted by all Federal agencies. When a Federal agency hos reason 10 believe that special operating factors affecting its awards necessitate special indirect cost rates in accordance with ~aragraph 0.5 above. it will. prior 10 the time tne rates are negoliated. notify the cognizonl agency. b. A nonprofit organization which hos not previously established an indirect cost rate with a Federal agency shall afler the organization is advised that an award will be made and. in no evenl, laler than three months aller the effective date of the award. c. Organizations that have pre\'iously estabiished indirect cost rates must submit a new indirect cost proposal to the cognizant agency within six months after the dose of each fiscal year. d. A predetermincd rate may be negotiated for use on awards where there is reasonable assurance. based on past experience and reliable projection 01 the organization's costs, that the rate is not likely to exceed a rille based on the organization's actual costs. e. Fixed rates may be negotiated where predetermined rates arc not considered appropriate. A fixed rate, however, sholl not be negotiated if (i) all or a substilntial portion of the organization's awards arc expected to expire before lhe carry-forward adjustment can be made: (ii) the mix 01 Government and non-government work at the organization is too erratic to permit an equitable carry- forward adjustment: or (iii) the organization's opero tions Ductua te significantly from year to year. f. Provisional and final rates shall be negotiated ,where neither predetermined nor fixed rates are appropriate, g. The results of each negotia tion sholl be formalized in a written agreement belween 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 ure encountered among the Federal agencies in connection with the negotiation and approval process, the Office of }'.1anagement ond Budget will lead assistance as required to resulve sllch problems in a timely manner. [Circular No, A-1Z2] Atlachment B Selected hems of Cost Table of Contents 1. Advertising costs 2. Bad debts 3. Bid ann proposal costs (reserved) 4. Bonding costs 5. Communicalion costs e. Compellsa tion for personal services 7. Contingency provisions ~. Contributions ~. Dep;l~ciatlon and use allow/lnccs 10. Donations 11, Employee mnrale, heolth and .welfare costs and credil5 1:. Entertainmenl costs 13. Eqnipment and other copilal expenditures 1~. Fines and penalties . 15. Frin~c benefit. j5. Idle 'facilities and idle car-nci:y 17. Indcpendent reseorch and development (resen'ed) 19. Insurance and indcmnificnlion 19. Inlere~l. fund-raising. and investment mnnogem!:nl cosls 2!l. Lnbor relations C..'lsts I A-122:4 21. Lpssps on olher a......ard; n. Maintcn~nce artd rqlf\ir costs 23. Ma lcrials r,nd supplic,; 24. M"etin~s. conferencr;s ~;, Meml>erships, subscripliClns, ~lId prGfessional activity costs 20. Organizntion costs 27. Overtime, extra.pay shifl, ond multishift prclniurr.s 26. Page charges in professionul journHlfl 29. P~rti(;ipant supporl cosls 39. Patcnl coels 31. Pension pluns 32. Plunt sccurity costs . 33, Preaward costs 34. Professional service cClsls 36. Profits Rnd losses on disposition of depreciuble properly or other capitol /lsscls 3fJ. Puulic information sCr\'ice costs 37, Publication /lnd printing costs :iO. Rearrangement and alteralion costs 39, Reconversion costs 40. Recruiting cosls 41. Relocation costs 42. Rental costs 43. Ro}'olties and olher cosls for If!;c of palent. and copyrights 41. Severance pay 45, Specialized service facilities 'Hi. Taxes 47, Termir..ation costs 4(\. Training and educotion costs 49. Transponotion costs 50. Tra"el costs [Circular No, A-l2.2] Altnchment B Selected hems of Cost Paragraphs 1 through 50 provide principles to be opplied in establishing the allowubility of certnin items of cost. These principles npply whether a cost iR trea led as direct or indirect. Failure to mention a particular item of cost is not intended to imply thaI it is unallowable: rather delermination os to nllowabilitv in each case should be based on the trealnl~nt or principles provided lor similar or rela led items 01 cost. 1. Advertising casts. . ~ a, Ad',ertising costs mean the costs of. - media sr.lVice. and associated costs. Media odvenising includes magazines, new-spapJrs, radio and television programs. direct mail exhibits, and the like. b. The only advertising cosls allowable are those which are solely lor (i) the rocruitment of personnel when considered in conjunctiOll with 011 other recruitment costG. as sel fortb in paragraph 40;-(ii) the procurement of goods a ncl services: (iii) the disposal of Ilurplm materials acquired in the performance of the award except when organizationG are reimbursed lor disposals al a predetermined amount in accordance wilh Attachment N of OMB Circular A-llO: or (ivl specific ,requirements of the award, 2.. Bod doblS. Bad-clebts, including I~ses (whether aCluAI or estimated) arising from uncollectible accounts and othor dllims. related collection costs, and relaloo legal costs. Are unallowable. 3. Bid and propasol ca,<ts, (reserved) 4. flonding costs. . t ~~\ I Office of Management and Budget Circular A-122 (6/27/80) a. Oonuing co~ts arise wh~n Ihe Government require81155urance again8t linllnciallos~ 10 jt5ell or others hy reason of the ar.t or default of the organization. 11>ey urise 0150 in instances where the organi:r:ation rp.quires similar assuranoe. Inciuded ore such bonds as bid. performonce. paymen!. lJd\llOr.e paymenl. InfringemenL and fidelity buno5. b. Gusts of bonding required pur5uant \0 the terms of Ihe award"re allowl\hle. c. G05ts of bonding required by the orgolni7.ation in the general conduct of it, operations arc allowable to the exlcnlthat such bonding Is in accordance with sound bllsine~s practice 0 nd the ra tes and pTemiums IHe reasonable under the circumstances, 5, Commuoication oo,.ts. Gosts incurred for telephone serviceR. local and long distance telephone calls. telegrams. radio!lrll~. poslage IInd the like. are allowable. 6. Compensation far personal sen'ices. a. Defini/ion, Compensation for personal services includes 1111 compei1salion paid currently or accrued by the orga::il:ation for services of employell& rendered during the period of the award (except as otherwi5e provided in paragraph g. below), 11 includes. bul is not limited to, salaries, wages. director's and executive commillee member's fees, incenth'e awards, fringe benefits. pension plan COSIs, allowance' for off-site pay. incen:ive pay. location allowances, herdship pay. and cost of living difierentials. b. Allowabilily. Except as otherwise specifically provided in this paragraph the costs of such compensation are allowable to the extent tha t: (1) Total compensation to.indi\'idual employees is reasonable for the services rendered Bnd conforms to the estabiished policy of the organiz:stion consistently applied to both Govemmentand Don- Government activities: and (2) Charges \0 awards whether treated as direcl or indirect cosls are determinl:d and supported a\ required in this paragraph. c, Reasonableness. (1) When the organization is predominantly engaged in activities o!ber !ban !bose sponsored by the Governmenl. compensation for employees on Governmenl-sponsored work will be considered reason!lble to the extent that II is consistent with that paid for similar work in the organi:z:atio'n', other aclivities, (2) When the organization is predominantly engaged in Government-sponsored activities and in cases where the kind of employees required [or the Government acli\'ities arc not found in the organization's other activities. compensation for employees on Go\'ernment-sponsored work will be considered reasonable .10 the extent that it is comparable to that paid for similar work in the labor marKets in which the organization competes for the kind o[ employees involved. d, Special considerations in determining allowability. Certain conditions require sflecial consideration and possible limitations in determining costs under Federal awards where amounts or types of comflcnsotion appear unreasonable. Among such conditions ore Ihe following: (1) GompenslJ lion to members o[ nonprofit organiz;.tions. truslees, direclors. a~sor.iRtes, officers. or the immediote families thereof. Determination should he made thot such compensation is reQsrlOoule for the actuol person..l services rendered wther than a distribution of earnings in excess of cosls, (2) Any change in an o~nllization's compensation policy resulling in a substantial increase in the organiZ:R tion's level o[ compensetion, particularly when it was concurrent with an increase in Ihe ratio o[ Government awards to other activities of the organi7.alion or any change in the trentment o[ ailowaoility o[ specific types of compensation due to changes in Government policy. e. Unallowable costs, Costs ",'hich are unallowable under other paragTaphs of this Allachment shall not be allowable under this pnragrlJph solei}' on tile basis lhat they constitute personal compensation. r. Fringe benefits. (1) Fringe benefits in the fonn of regular compensation paid to emplo}'ces during periods of aUlho;-ized absences from the job. such as vacalion leave. sick leave, military leave, aud the like. are allowable provided such costs are absorbed b}' all organization activities in proportion to the relative amount o[ time or eHart actually devoted to each, (2) Fringe benefits in the form of employer contributions or expenses for social securit}'. emplo}'ee insurance. workmen's compensation insurance. pension plan costs (see paragraph g. below), and the like. are allowable provided such benefits are granted in accordance witb established written organization policies, Sucb benefits whether trea ted as indirect costs or as direcl costs. shall be distributed to particular awards and other activities in a manner consistent with the pallern of benefits accruing to the indh'iduals or group of employees whose salaries and wages are chargeable to such awards and other adivities, (3](a) Prnvisions [or a reser...e under a sel[- inSurance program for unemployment compensation nr workmen's compensation are allowable to the exlentlhat the provisions represent reasonable estimates of the liabilitiec for such compensation. and tho types of co...erage. extent of coverage. and rales and premiums would have been allowable had insurance been purchased \0 cover the risks. Ho.....e...er, provisions [or self- insured liabilities which do not becnme payable for more than one year after the provision is made shall not exceed the present value of the liability. (b) Where an organization follows a consistent polcy of expensing actual payments to. or. on behalf of. employees or former employees for unemployment l:Ompensation or workmen's compansation. such.pavments are allowable in the year of -paymen-t with the prior approval of the awarding agency provided they are allocated to' all activities of the organization. (4) Costs of insurance on the li\'es of trustees, officers, or other employees holding positions of similar reaponsibilit~' are allowable only to the extent that the insurance represents additional compensation. The costs of such insurance when the organization is named as. I A-122:5 beneficiary are unallowable, g. Pension pion costs. . (1) Go~ls of the orgallizalion's pensIOn plan which are incurred in accordance with the established policies o[ the organization are allowable. provided: (a) Such policies meet the test o[ reasonableness; (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 principles as pre5uibed in Accounting Principles Board Opinion No.8 issued by the American Institute 01 Gertified Public Accountants; and (d) The costs assigned 10 a given fiscal year ere funded for all plan participants within six months oiler the end of thaI year. However, increases to normal and past service pension costs caused by a delay in funding the actuariallillbilitv beyond 30 days alter each quarter of the y~ar t~ which such costs are assignable ore unallowable. (2) Pension plan termination insurance premiums paid pursuant to the Employee Retirementlncorne Security Act 01 1974 [Pub. L. 9HOO) are allowable. Late payment charges on such premiums ore unallowable. (3) Excise taxes on accumulaled funding deficiencies and other penalties imposed under the Employee Retirement income Security Act are unallowable. h. Incentive compensation, Incentive compensation tb employees based on cost reduction. or e{fjcient performance, suggestion awards. safety awards, etc.. are allowable to the extent that the overall compensation is determined to be reasonable and such costs are paid or accrued pursuant to an agreement entered into in good faith between the organization and the employees before the services were rendered. or pursuant to an established plan followed by the organization so.consistently as to imply, in eHect. an agreement to make such payment. .' , i. Overtime. extra pay shIft. ond multJshlft premiums. See paragraph 27. j. Severance pay. See paragraph 44. k. Training and education QO~ts. See paragraph 48... .' 1. Support of salaries and wages. - (1) Gharges to awards for salaries and wages. whether treated as direct costs or indirect cosls. will be based on documented payrolls approved by a responsible official(s) of the organization. The distribution of salaries and wages 10 awards must be supported by personnel activity reports as prescribed in subparagraph (2) below, except when a substitute svslem has been approved in writing by the th~ cognizant agency. (See paragraph E.2 of Allachment A) (2) Reports reflecting the distribution of activity of each employee must be maintained for all staff members [professionals and nonprofessionals) whose compensation is chargee!. in whole or in part, directly to awards. In addition, in order to support the allocation of indirecl costs. such reports must also be maintained [or other employees whose work involves two or more funcitons or acti\'ities if a distribution of their compensation between such functions or octivilies is needed in the determination of I . 1 '~ t Office of Management and Budget Circular A-122 (6/27/80) the organiza tion's inuirect cos I ra le(s) (e.g., an employee engaged port-time in indirect cost activities and pari-time in a direct funclion). Reports maintained'by nonprofit organizations to aatisfy these requirements must meet the following standards: (a) The reports must renect an a/ter-the- fact determination of the actual activity of each employee. Dudget estimates (i.e., estimates determined before the services are performed) do not qualify as support for chnrges to awards, (b) Each report must account for the totol activily for which employees are compensated and which is required in fulfillment of their obligations to the organization. (r.) The reports must be signed by the individual employee, or by a responsible supervisory official having first hand knowledge of the activities performed by the employee, that the distribution of activity represents a reasonable estimate of the actual work performed by the employee during the periods covered by the reports, (d) The reports must be prepared at least monthly and must coincide with one or more pay periods. (3) Charges for the salaries and wages of nonprofessional employees, in addition to the 'supporting documentation described in subparagraphs (1) and (2) above, must also be supported by records indica ting the tolal number of hours worked each day maintaioed in conformance with Department of Labor regulations implementing the Fair Labor Standards Act [29 CFR Part 516). For this purpose, L'le tenn "nonprofessional employee" shall have the same meaning as "nonexempt employee," under the Fair Labor Standards Act [4) Salaries and wages of employees used in_meeting cost sharing or matching requirements on ewards must be supported in the same manner as salaries and wages claimed fOi reimbursement from awarding agencies. i, Contingency prol'isions. Contributions to Ii contingency reserve or any similar provision made for events the occurrence of which cannot be fcretold with certaintv es to lime, intensity. or with an assurance of their happening, a;e unallowable, The term "contingency reserve" excludes self. insurance reserves [Eee paragraph 6.f.(3) and 16.a.(2Jld)): pension funds (see paragraph 6.[g)): and reserves for normal severance pay (see paragraph 44.[b)(l), 8. Contributions. Contributions and donations by the organization to others are unallowable, 9. Depreciaiion and use allowances. a. Com pens a lion for the use of buildings, other capital improvements, and equipment ('~ }land me;,' be made through use ?!i(l.....an<::es or dt'preciation. However. excepl as prnvided in paragraph f. below a comuinatiol1 of the two methods Olav not be \Osed in Ctln:\p.ction with a single class of fi"ed as.ets (e.g., b~dldings. office equipment. cUlllputer equipment. etc.). b. The competa lion of use allcwances or r.'~pr!'ciation shall be based on the ~c,!l!isilion cost of the assets involved. The ur.oc:silicn cosl of an asset co"alcd Ic the or~anizaticn by a l}lird part~' shall be Its fair market value at the time of the donation. c. The computalion of use allowances or depreciation will exclude, (1) The cost of land: (2) Any portion of the cost of buildings and equipment borne by or donated uy the Federal Governmenl irrespective of where title was ori!:inally vested or where it presently resides: and (3) Any portion of the cost of buildings and equipment co.~tributed by or for the orl<anizatiun in satisfaction of a stAtutory miltching retiremenl. d, Where the use allowance method is followed, the use allowance for buildings and improvement (including land improvements such as ptlved :,arking areas. fences, and sidewalks) will be r.omputed ot an annual rate not exceeding two percent of ocquisilion cost. The use allowance for equipment will be compuled al an annual rate not exceeding six and two-thirds percent of ncquisilion cosl. \Vhen the use allowance method iR used for buildings, the enlire building must be treated as a single asset: the building's components [e.g. plumbing syslem. heating and air conditioning. etc.) cannot be segregated from the building's shell. The two percent limitation. however, need not be applied to equipment which is merely auached or fastened to the building but not permanently fixed to it and which is used as furnishings or decorations or lor specialized purposes (e,s., dentist chairs and dental treatment units, counters, laboratory benches boiled to the Door, dishwashers.'carpeling, etc.). Such equipment will be considered as not being permanently fixed to the building if it can be removed without the need for costly or extensive allera tions or rep;;irs 10 the building or the equipment Eguipment that met'ts these crileria will be subject to the six and two-thirds percent equipment use allowance limitation. e. Where depreciation method is followed. the period of useful service (useful life) established in each case for usable capilal essets must take into consideration such factors es type of construction, nat:Jre of the equipment used. technological developments in the particular program area. and the renewal and replacement policies followed for the the individual items or classes of assets involved, The method of depreciation used to assign the cost of an Rsset [or group of assets) to accounting periods shall renect lhe pattern of consumption of the asset during its useful life. In the absence of clear evidence indicating that the expected consumption cf the asset will be significantly sreater or lesser in the early porlions of its uscfullife then in the later portions. the s:raight-line method shall be presumed to be Ihe appropriate method. Depreciation I11clhods once used shall nol be changed unless ~pproved in advance by the cognizant Fecp.ral agency. VI/hen the deprecifslion method is introduced for application to assets previously subject to a use allowance. the combination of use all'CIwances and oeprecialion applicilble to such assels must not exceed the to\al acqui;ition cost of the :lssets. V\'~en the :Jerrecialion method is useu hr huildinJ:s, a bllildin~'s shell n'1')' be A-122:6 scbregaled from each building component (e.g.. plumbing system, heating, and air conditioning syslem, etc.) and each item depreciated over its eSlima'ed useful life: or the entire building (i.e.. the shell and all c.omponents] may be treated as e single asset 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 Buch assets Ihal, under para!;raph e. above, would he viewed as fully depreciated. However. a reasonuble use ollowance may be negotinted for such assets if worranted afler taking into consideration the alTlount of depreciation previously charged to the Government, the estimated useful life remaining ottime of negotiation, lhe effect of any increased maintenaoce charges or decreased efficiency due 10 age, and any olher factors pertinent to ..the utilization of the asset for the purpose contemplated, g. Charges for use allowanceR or depreciation must be supported by odequate properly records and physical inventories must be taken at least once every two years (a statiltical sampling basis is a~ceptable) 10 ensure lhat assets exist and are usable and needed. When the depreciation method is followed, adequa Ie de:-,recia lion records indicating the amount of deprecin lion taken each period musl also be maintained. 10. Donations a, Services received, (1) Donaled or volunteer services may be furnished to an organization by professional a!ld technical personnel. consultants, and other skilled and unskilled labor. The value of these services is not reimbursable either as a direcl or indirect (;osl. (2) The value of donated services ulilized in the performance of a direct cost aclivity lill..ll be considered in the determinalion of lhe organization's indirect cosl rate(s) and. accordingly, shall be allocnted a I'rcportion~tc share of applicable indirect c.osts when the following circumstances exist: (a) The agg~egale value of the services is Olillerial; (b) The services are ~upported b~'~ significant amnt!nl of Ihe i~lirecl custs. _ . incurred bv the organiza lion; Ic) The dir~cl cost activity is not pursued primarily for the benefit of lhe Federal Go\'(,mmanl. PI In those instances where there is no b..sis for delermining the fair market value of the services rendered, the recipient and the cognizant ogeney shall negoli,.le an appropriate aiioculion of inuirect cost to Ihe sen'ices, (4) \'I-'here don"leu services direclly benefit a ;:roject supported by an a v,ard, the indirect costs allocaled to the services ",ill be con~idered as a part of the tolal costs of the projecl. Such indirecl costs may be reimbursed under the award or used to meet cost sharing or malching requirements. (5) The v,due of t!'le donated ser\'ic~s may be used to mecl cost sharing or matching requirements under conditions described in 1'.llnchment E, OMB Circular i"\o. A-l10, \\'here donated services ure trealed as indirect cosls, indirecl cost rates will s"parill~ the value of the donotions so lhal ... ~ ( I Office of Management and Budget Circular A-122 (6/27/80) reimbursement will not be made. (6) Fair market value of donated services 6hall be computed as follows: (a) Ilates far volunteer services, Rates for volunte~rs shall be consistent with those regular rates paid for similar work in other activities of the organization. In coses where the kinds of skills involved are not found in the other activities of the organization, the rates used shall be consistent with those paid for similar work in the labor market in which the organization competes for such skills, (b) Services donated by other organizations, When nn employer donotes the services of an employee, these services 6hall be valued at the employee's regular rate of pay (exclusive of fringe benefits and indirect costs) provided the services are in the same skill for which the employee is normally paid. If the services are not in the same skill for which tbe employee is norm oily 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 donated use of space may be furnished to an organization. The value of the goods and space is not reimbursable either as a direct or indirect cost. (2) The value of the donations may be used to meet cost sharing or malching share. requirements under the conditions described In Attachment E. Ohm Circular No. A-110. The value of the donations shall be determined in accordance with Attachment E, Where donations are treated as indirect costs, indirect cost rates will separate thw value of the donations so that reimbursement will not be made, 11, Employee marole. health. and welfare, costs and credits. The costs of house publications, health or first-aid clinics, and/ or infirmaries. recrea tional activities, employees' counseling services, and other expenses incurred in accordance with the organization's established practice or custom for the improvement of working conditions, employer-employee relalions. employee morale, and employee performance are allo\\'nble. Such costs will be equitably apporlion~d to all activities of the organization, Income genera led from any of these activities will be credited to the cost . thereof unless such income has been irrevocably set over to employe~ welfare orga niza lions. 12, Entertainment costs. Costs of amusement. diversion, social activities, ceremonials, end costs relating therelo, sucl, as meals', lodging. rentals. transportation, and gratuities arc unallowable (but see p::ragr?phs 11 and 25). 13. Equipment and ather capilal e.\pellditures. a. As used in this parngraph, the following Lcr.r..;;.ha\'clhe.mG'lninm; l!.~.UQrth below: (1) "Equipment" means an article of nonexpcndable tangible personal property ha\'ing a useful life of more than two "cars arl~ an acquisition cost of $500 or mo;e per un,\. An organization may use its own definition provided that i"t at least includes all ~onex~endable tangible persona! properly /IS uefmea herein. (2J "Acqui!ition cost" means the net invoice unit price of an item of equipment, including the cost of any modifications, attachments, accessories, or auxilinry apparatus necessary to make it usable for the purpose for which it is acquired, Ancillary charges, such as taxes. duty, protective in" transil insurance, freight, and installation shall be included in or excluded from acquisition cost in accordance with the organization's regular wrillen accounting practiceR, (3) "Special purpose equipr.lenl" means equipment which is usable only for research, medical. scientific, or technical activities. Examples of special purpose equipment include microscopes, x-ray machines. surgical instruments, and spectrometers. (4) "General purpose equipment" menns equipment which is usable for other than research, medical. scientific, or technical activities. whether or not special modifications arc needed to make them suitable for a particulnr purpose. Examples of general purpose equipment include office equipment and furnishings, air conditioning equipment, reproduction and printing equipment, motor vehicles. and automatic data processing equipment. b, (1) Capital expenditures for general purpose equipment are unallowable os a direct cost except with the prior approval of the awarding agency. (2) Capital expendilures for special purpose equipment are allowable as direct costs providad 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" bl:ildings. or equipment which materially increase their value or useful life arc unallowable as a direct cost except with the prior approval of the awarding agency. e. Equipment and other capital expenditures are unallowable as indirect costs. However, see paragraph 9 for allowabilit\, of use aliowances or depreciatio"n on buildings, capital improvements, and equipment. Also, see paragra~h 42 lor ellowability of rental costs for land, buildings. and equipment. 14. Fines and penalties, Costs of fines and penalties resulting from violations of. or fenure of the organization to comply with Federal. State. and local laws and regulations are unallOWable except when incurred as a result of compliance with specific provisions of on award Dr instructions in writing from the awarding agency, . 15. Fringe benefits. See paragraph 6. f. 16. Idle facilities and idle capacity. a. As used in this paragraph the following terms have the meanings set forth below: (1) "Facilities" means land and buildings or any portion thereof. equipment individually or collectively, or any other tangible capital .sse\. where'/er located, and whether owned or h~ased br Ihe oril,mization. (2) "Idle faciliti~s" means complc,elv ulllI~d facilities Iha: arc excess to the' organizalion's current needs. (:J; "Idle CJpaci:y" means the u"\l~ed t A-122:7 capndty of partinlly used f<Jcililies. It is the difference between tna! which a facility could achieve under 100 per cent opera ting time on a one-shift basis less operating interruptions resulting- from time lost for repairs. setups. unsatisfaclory materials. ana other normal delays, and the extent to which the facility w.s actoally used 10 meet demands during the accountinll period. A multishifl basis may be used if it can be shown that this amount of usage could normally be expected for the type of facility illvo!veu. (4) "CostR of il11e fac.llilies or idle capacity" menns COstR such liB maintenance. repair, housing, rent. and other related cos\.'!: e.g., properly taxes, insurance, and deprecia lion or use allowances. b. The costs of idle facilitJes are un"lIo~oble except to the extenttb2l: (1) They Rre unnecesRary to meel nuctualions in workload; or (2) Although not necessary to meet nuctuations in workload, they were necessary when acquired and arc now idle because of changes in program requirements. efforts to achieve more economical operations, reorganization, termination, or olher causes which could not have been reasonably foreseen. [:nder the exception slated in tbis subparagraph, costs of idle facilities arc allowable for a reasonable period of time, ordinarily not to exc~ed one year, depending upon the initialive taken to use, lease, or dispose of such facilities (but see paragrnphs 4i.b. and d.). c. The costs of idle capacity are normal costs of doing business and are a factor in the normal nuctualions of usage or indirect cost rates from period to period, Such costs are allownble, provided the capacity ie reasonably anticipa led to be necessary or was originally reasonable and is sl:bject to reductiQn or elimination by subletting, rcnting. or sale, in accordance with sound business. economics. or security practices, Widespread idle capadt). throughout an entire facility or among a group of assets having substantially the same function may be idle facilibes. . 17. hd.,p.;ndcnt rescU{Ch and development lRcservt:d\. .. 18. Insurance and indemnification. I a. Insurance includes insu~ance which the organization is required to carry, or which is approved, under the terms of the .,ward and any other insurance which the organization maintains in connection with the general condt:ct of its operations. Thi~ paragraph docs not apply to insurance which represents fringe ben~fits for employees (zee pa~agraph 6.f. and 6.g.,:!}). (1) Costs of im:lrsnce r~quired or ar-proved. and maintained, pursu~nt to the award are allowable. (~) Costs of other inS1lrance mHintained bv the orgJnization in conneclion wi:h the . general conduct of its opel'alions are ulluwable subject to the following Iimita lions. (a) Types and extent of coverage shall be in accordance with sound busirless practice snd the r~les and premiums shall be reasonable under Ihe circumstances. (bl Cnst3 Illlowed for business in:eHuplion or other similar insurance shall be limited to . ( \ I Office of Management and Budget Circular A-122 (6/27/80) exclude coverage of managern~nt fee~. [c) Costs of insurance or of any pr<)"i~iGn~ for a reserve covering the risk of loss or dnlllage \0 Government properly a,e illlowable only la !he exto.nt thai the orll~nizati!ln i~ Ii"hle for such lC's~ 01' ';;lma2'~' (J) Provi~ions for 8 reserve unJer a ~elf- illsura:.ce pr"l;ram arr: allowable to the extent thattrpe~ of coverage. extent of coverage. rn'e~. ahd premiums woult! hHVp. been allowed had i!'.su~i1nce been purchased to ClJv.:r the ri~k6. However, proviilL:lll for known or reasonablv estimH'ed self.i;l~ured liilbilities. which do 'not become paY'3uie for more than one yenr after the provisior. i~ made shall I;ot exceed the present valoe of the !iability. (c) Costs of insura nce on the I(ves of trustees. officers. or other e:nployees holding positions of similar responsiui!ilies arc allo',';able only to the extenl L~clthe insurance represents additional compensation [see pnragraph 61. The CllSt of such insurance when the o~anizalion is identified as the beneficiary is unallllw~ble. (3) Actuallosse~ which could have been covered by permir.nible inslJra:1ce [through lne purchllse of insur:ll::;e or a self.insurance program) are unalluwable unless expressly provided for in the awarn. except: (a) Costs incurred ber.ause of losses not covered under nomin:!l deductible insurance coverage provided in hcping with sou:1d business practice are allowable, (b) Minor losses not coverc:d by ins\lrance, such as spoilage. breakag?. and" disappearance of supplies, which occur in the ordinary course of operations. are allowable, b, Indemnifica tion includes securing the organization ogainstliabilities to third persons end any other loss or dameg... not compensa ted by insurance or otheJ-wise. The Government is obligated to indemnify the organization only to the exlent expressly provided in the award, 19. Interest. fur:d raising. and inl'estment r::a,~:Jgcment costs. a. Costs incurred for interest on borrowed capital or temporary use of encowment fund~. however represented, are unallowable. b. Costs of orga:1i7.ed fund raising, including fjnancial campaigns. r.IlLio\\'menl d,ives. solicitation of gifts and bequests. and similar expenses incurred oolr\y to raise capital or oblain contributions are unallowable. c. Costs of investment t;ounsel and staff and similar expenses incurred saleh' 10 enhance income from l;lvest:nents ~re unallowable, d. Fund raisir:g and investment activit:e5 5nall be allocoled an appropriate sh~rp. of indirect casts under the conditio:1s described ir: paragraph B of Alt1lchment A. 20. Labor relations costs. Costs incurred in mainlaining sillisfiJctcry re:ations be\.,..'een the organizntion and its empl()vees,:ncluclin~ costs of labor managemenl o.o~lOIiltees, . e;nployee publicotions. and other reJatee activities are allowable, 21. Losses on other a1<'Ords. Anv excess of costs over income on any aWilrd i"s unallowable a8 a cost of en\' olher aware. Tnis includes. but is not limited 10. the ccgu,izanon's conlributed portion by reMon of r.l'st sharins ~!:reement3 or any underrecoveries through negotiation of lump surn~ fnr. or ceilings I'n. indir~ct co~ts. :2. /I.Ja/n!encnce and TPflo/r costs. C,,~ts inc:urn:d for np.c"~sary maintenance. rrpair. ()f upkeep of buildings and equir>mellt [incl,.ding Go"~mme!l: pr:}l'erty unless o:herl'Ji~e provided for) which neither a,'d to t~e permanent ,'alup. of the proper:y nor appreciably prclong its inte:1deJ life. but ke!'p it in an emcicnt operati:1g conrldion. are nllo....nhle. Costs il~clIrred lor il"I'r"vl'ments whic.h addlo t!le perm:Jneut value of lhe ruilc;ing5 and el)uipme!lt or appreciably prolong their intc!lded life shall be Irealed as cUj'ital exp~ndit:Jres (see pRr:!graph 13). 23. Muter/a!s and supplie.,. The cost~ of materials and sl.pplies necessary 10 ca~ry out nn award are al:owable, SUl:h costs should be c:harged att!leir actual prices after deducting all cash di~counls, lrode disr.ounls, relHttes, and ollowances received uy the organiz:!tion. Withdrawals from gener aJ slores or stockrooms should be charged at co~1 under anj' recognized melhod of pricing consistently applied. Incoming transportation chargc:s may be a proper part of material cos:. Materials and slIppEes charge,]' as il direct cost should include only the materia Is and supplies actuall~' used for the performance of the contract or grant. and due credit should be given for ony excess materiols or supplies retained. or return..d to vendors. 24. Meetings, conferences. a. Costs associated with the conduct of meetings. and conferences. and include the cost of renting facilities, m~als. speJkers' fees, and the like. But see paragraph 12, Entertainment costs, and paragraph 29, Participant suppert casts. b. To the extent thnt these costs are identifiable ",'ilh a partlr.ular cost objeclive. they should be charged to that objective. (See paragraph B, of Allachment A.) These costs a~e ailowable provided that they meet Ihe general tests of allowa ble. shown in Altachment A 10 Ihis Circular. c. Costs of meetings ar:d conferences held 10 conduct the general Oldministration of the organization are allowable. 25. Memberships, subscriptions. and professional activity costs. a. Costs of the organization's membership in civic, business, technical and professional or~anizalions are allowable. b. Costs of the organization's subscriptions to civic, business. professional. and technical periodicals are allowable. c. COStS of allendance at meetings and conferences. sponsored by others when the primary purpose is the disscmina tion of ted:nicnl informa:ion, <lre allowab!e. This inr.iu~es costs of meals, tral1s?ortatiun, aOld other items incidental to suc:h attend,!nce. 25. Orgonizotion costs. Ex"enditure~, such <.IS incorpora:ion fe!:s, brokers' ft!!:s, fees to promolers, orga!lizer~ or manage.-nen: con5;ultilnls. o:tomc\'s. account;2nts nr inve~tment cO\lns~l~rs, wh('ther or ~ot !:n~I)Joyees of the organiz8 tion. in connp.ction will, eSI<lblishment or reorgan;z:ation of an organ::liJtion, arc un:lllowable except with prior oppruval of the awarding agency. 27. GI'crl/me, exlra-po.l' sll/ft, and I A-122:8 mu/!/shiff 1'1( '''/lIms. Premiums for 0\ erlinll'. e:",a'rilY sh,fts. allli tnlJIlishifl work arc lILu\\'~\;1c: oni)" wI:h lhe prior "l'pro.,,1 of :I:c {J waruing :igrncy e>..ccpl: a. \~'hen ncce~~MY 10 cope with er.le~gen,:its. such:!! lhosc lesulting frum lP.l:;.j.:;;-.~:"I. na\ll1ill di~ash'rs, brCil~du\\"n~ of pql~ip~'cnl. or (\(,;c:\!=i0ncd opcr;)tj~lnal \':'ltlr~~(:l.:s af 1I sporn die nJlure. h When (:r:lp;O.l.CI~S arc perlllr"liof{ intlir(;ct rune:i'.),," s"ch <JS .il!ministrutioll, rT~~IiI.l!('nancr.. 01 ncc{Jun~ing. c. In ,hr p"rforrtlililce of tests. Iillnrlllory prllCl,Jures. ur ulher simi;i1r operutions whicn ,,1't~ r.ni,I:i11101lS in nl1turc and cannot re;'s"t.P.~;:" be illterrupted or othcrwi~'! COI1\~I:~:! :.(J. d. When 10w"l overall cost to the (;o'..('r~:llcDI will result. 20. l',~gc charge. in professional /ourno!s. PilGC c:I"'rges for professional jouronl publications are allowllble as u nece:;sary p;"l or research cos\s. where: H. The rese~rch pupers report work ~lll'rllrll!.:l L..\' lhe Go\'ernment; and b. The c\;argo.s are levied impllrtiu!ly on al! re:a;ilrd, FJpcrs published by the jourrta~. whelh'~r or no: by Governmc:nl"~ponsored aulhnrs. 29. f'artic;/poill support c[>sls. Par:icipilnt support costs arc direct cosls for items such as slipend. or subsistence allowances. travel vllowunr.rs. "nd registration fees paid to or un nehal[ of partic:ipants or trainees [but not employees) in connection with meetings, conferences, sympr.sia, or traini!lg projec:s. These costs ilre allowable wilh the prior <tpproval or the awarding agency. 30. l'u:.31;t costs. ;J. Cc,sls or (i) preparing di:lc.losures, reports. and other documents required by the :!"-~,rd ,JI1d of searching the art to the extend necessary to make such disclosures. Iii) prepuring documents and any other patenl costs ir: connection wilh the filing and prosecu:ioc of a United states p:,lent apr]iC:Cllir,n where title or roynlly-free license i~ reqllir;,d by tho. Governmf'nl to be cO:Jvcyed io the Government. Ilnd (iii) geneml counseli:.g services relating to pateh~and Cllpyright mHtlers. such as ~vice on piltenJ and copj'ri~ht Jaws. regulations, clauses, and employee agrc~ments arc allowable [bllt see pllr"g~aph 34). b Cust of preparing disclos1Jres, reports, Jlld other documents a"d or searching the art 10 Ihe rxlent necessary 10 make disr.losures, if not required by the a w/lTd. ue unallowable. Costs in connection with (i) filing and proseculing un)' foreigo patent application, or (ii) any United Slales pillent ;,pplicatio01. where the Hwa,d docs not recJI,ire conveying title or a royally.free hc('nse tll the Government. are unallowable l,d~o ,er. parilvraph 43). 31. Pension plo!!s. See paragraph 6. g. 32. Plant sec::ritl' costs. Necessar\' e>-penses incurred' to compl)' with " Goverr:ment securily rp.quirements or for facilities protection. including wages. unifol ms. and equipment of personnel are ullowlIble. 33. I'reol1'ord costs. Preaward cosls Bre those incurred prior 10 the effp.ctive date of tll(, ","..ard directly pursllant to lhe . , I Office of Management and Budget Circular A-122 (6/27/80) negotialion ond in anticipation of the ~ward whell' suc.h co~ts i$ necessary 10 comply with :he proposed delivery schedule or period of performance. Such cosls Are allowable only 10 ;he e:<lenl that lhey would hAve been ~ilo"'able if incurred ofler the dAte of the ~"'Q:'d Imd only with the written opprov;.! d the ~wardillg ngenr.)'. 34. IJmfcssillnal sen'icc costs, a. Costs of profl'~sionnl and consultont services renclereJ hy persons wbo a~c r.:f'''ll>ers of A particular profession or posses~ a ~p~";al skill. <lIlJ who arc nol office~s or e~i,iuyees of the orghni7,ation, arc a!!owable, Subject 10 b, c, and d, of this pHragraph when rp.asOI,able in r'~lation.to Ihe services rendered and whe!l not contingent IIpon rt'l:over" of the costs from the Government. b. In detcrming the allowability of r.osts in B p1ll'ticular Cilse, no single factor or any speciHI combination of factors is necessaril)' determinative, However, the following fut;lors are relevant: (1) The noture and seolle of Ihe service rendered in relation to the service required. (2) The necessity of contracting for the sen'ice, considering the organization's c:apahility in the pnrticulnr area. (3) The past pattern of such costs, parlicularly in the years prior to Governmcllt awards. (4) The impact of Government aWards on tnc organization's business (i.e.. whal new prohlems have arisen). (51 Whether the proportion of Government work to the organization's total business is su.:h as to infjuence the organiza tion in favor of incurring the cost. parlicularly where the services rendered are not of a continuing nature and have little relationship to work under Government grants and contracts, (0) Whether the service can be performed more economically by direct employment ralher than contracting. (7] The qualifications of the individual or concern rendering the service and the customAry fees charged, especially on non' Government awards. (0) Adequacy of the contractual agreement for the service [e.g., description 0; the service, estimate of time required. rate of compensation. and termination provi,ions). c. In uddition to the factors in p&ragraph b <lbove, rr.:ainer fees to the allowable must be Sllflported by evidenr.e of bona fide sen,jces available or rendered. d. Cost of 12g<l\' accounting. and consulting ~erl'ices. and related costs incurred in conn~c\ion wilh defense of antitrust suilS,. and the prosecution of clai.:ns against the Government. are lIllallowAble. COSl~ of legal. <lr.~uunting and consulting services, and related cosls. incurred in connection with palent il;fring'!mentlitigation. organizalion and reorga!'lizotion. are unallowable unless otherwise pnwiderl fOJ in the aWArd (but see parAgraph 47e). 35. Profits and lasses on disposition of depreciable propert)' or other capital assets. a, (1) Gains and losses on sale, retirement, or other disposition of ciepreciable properly shdl be inclurled in the vear in whicn thev o,,:;ur as cred:'., or charse~ to cost groupi~g[s) in which the depreciation applicable to such property was included. The amount ;.f the g;dn or loss 10 be inr.luded as a credit or dlilrf,e 10 the ap[1ropriate cosl grouping($) sh;dl be Ihe dilfercncc bt;i ween the amount rl'nlized on the property and the lJrlJr.preciated basis of the property. (2) Gains and losses on the disposition of ch'f.reciable properly sha II not be recognized ns II separale credit or charge under the fniluwing conditions. Iii) T!le gnin or loss is processed through u dcprecia liun reserve account and is renecleJ ill the Jeprecia!ion ullowalJie undcr pilro~roph 9. (l.) The property is given in exchange as pari of the purchase price of a similar ilem and the gain or lo~s is taken inlo aGcount in dc\erlllining the depreciation cost bosis of llie new item. Ic) A loss results frum the failure to maintain permissible insurance, except nB otherwise pruvided in pllrllgraph 10.a.[3). (d) Compensation for the use of the prC'perty was provided through use allowances in lieu of depreciation in occordnnce with paragrflph 9, (e) Gains and losses orising from mass or extraordinnrv sales, retirements, or other disposilions ~hall be considered on a cose- b,'.c,,~e basis. 'b. Gains or losses of any nalure arising from the sale or exchange of property olher than the property covered in paragrnph a. abave shall be excluded in computing awara- costs. 35. Public informaliun sen'ice costs, a. Public information service costs include the cost associated 'with pamphlets, news releases, and other forms of information services. SUGh costs. are normally incurred to: (1) Inform or Instruct indh'iduals, groups, or the general public, (2) Interest individuals or groups in pnrticipating in a service program of the 01 gsnization. (3) Disseminate the results of sponsored and nonsponsored activities. b. Public info;malion service cosls are allowable as direct costs with the prior a;::pro\'al of th~ awarding agency. Such costs ore unallowable as indirect costs. 37. Publication and printing cost!:. a. Publication cost, include the costs of printing [including the proces.es 'of composi:ion, plate-making. press work, binding, and the end products produced by Auc:h processes), distribution, promotion, mailins, and general handling. b. If the~e costs are not identifiable with a particular Cosl objective. they should be allocated as indirect costs to fill benefiting acli\'itics of the organization. c. Publication and printing cosls are unuilowable ns direcl costs except with the p~ior npproval of the awnrding agency. d. The cost of page charges in journRls is addressed pAragraph 28. 30. Rearrangement. and alteration costs. Costs incurred for ordinury or normal rearrangement and alteration of facilities ore alluwable. Speciol arrangement and alteration costs inc~rred specifically for the project are Rllowable with the prior approval of the awarding IIgency. 39. Reconversion casts. Costs incurred in the restoration or rehabilitation of the organlultion'a [adlitirn; to approximately the , A-122:9 some condition exisling immedia lely prior to commencement of Governmenl awards, fair wear and tear excepted, are allowoble. 40. Recruiting costs. The following recruiting costs are allowable: cost of "help wanted" advertising, operating costs of an employment office, costs of operating an educational testing program, trnvel expenses including food and lodging of employees while engaged in recruiting personnel. travel cosls of applicants for interviews for prospective employment. and relocntion COSIS incurred incident to rl'cruilmenl of new employees [see porograph 41 c). \^,1here lhe organization uses employment agencies, costs not in exccss of standord commercial rates for such aervices are allOWAble. 41. Relocation costs, a. Relocation costs ore cosls inciJenlto the permanent change of duty assignment [for on indefinite period or for a stuted period of not less than 12 months) of an exi~lin8 employee or upon recruitment of 0 new employee. Relocation costs ore allowable, subject 10 the limitation described In paragraphs b, c, and d, below, provided that: [1) The move Is for the benefit of the employer. (2) Reimbursement to Ihe employee is in occordance with on established wrillen policy consistently followed by the employer. (3) The reimbursement does not exceed the employee's octual [or reasonably estimated) expenses. b. Allowable relocation costs for current employees ore limited to the following: (1) Tne costs of transportation of the employee. member1i of his immediatc fomily nnd his household, and personal effects to the new location. (2) The costs of finding a new home. such as advance trips by employees and spouses 10 locate 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 as brokerage, legal,. nnd appraisal fees, incident to the disposition of the employee's former home. These cosls, together with toose described in (4) below, are limited to 8 per cent of the"'sales price of the employee's formW bome. " [4) The continuing costs of ownership of the vacant former borne after the settlement or lease date of the employee's new permanent home, such as maintenance of buildings and grounds (exclusive of fixins up expenses), utilities, taxes, and property insurance. (5) Other necessary and reasonable expenses normally incident to reloca lion, such as the costs of canceUins an unexpired lease, disconnecting and reinstalling household appliances. and purchasing insurance against loss of or damages to personal property. The cost of cance1lins an unexpired lease is limited to three limes the monthl" rentaL Co Allowable relocation costs for new employees arc limited to those described in (1) and [2) af paragraph b, above. When relocation costs incurred incident to the recrui:ment of new employees have been allowed either IlB a direct or ifldirect cost and the employee roaigns for reasons within his . . \ ....--# . , . "\ 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 costs 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 nnd the costs do not include costs of transporting household goods, d. The following costs related to relocation are unallowable: (1) Fees and other costs associpted with acquiring a new home, (2) A 1055 on the sale of a former home, (3) Continuing mortg;,gc princ:pal and interest payments on a home being sold. (4) Income taxes paid by Cin employee related to reimbursed relocation costs, 42. Renlal casts. a. Subject to the limitations describen in paragraphs b. through d. of this paragraph, rental costs are allowable to the extent that the rates are reasonable in light of such factors as: rental costs of comparable property, if any: market conditions in the area: alternatives available: 'nnd the type, life expectancy, condition, and value of the propp.rty leased, b, Rental costs under sale and leaseback arrangements lire allowable only up to the amount that would be allowed had the organization continued to own the property. c, Rental costs 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 undp.r which one party to the lease agreement is able to control or substantiallv infiuence the actions of the other. Such lc~ses include. but are not limited to those bet"..een (i) divisions of an organization: (ii) organiz.ations under r.ommon control through common officers, directors, or members: and (iii) an organization and a director, trustee, officer. or key p.mployee of thp. org;;ni;:;ation or his immediate famiiy either directly or through corpnralions. trusts. or similar arrangements in which they hold a controlling interest. d. Rental costs under leases which create a material equity in the lea see prop"rly are allowable only up to the amow:; thut would be a!lowed had the organiza tion purr.hased the property on the date the lease agreement was executed: e.g., depreciation or use allowances, maintenance, tax~s, insurance but excluding interest expense and oil,er unallowable costs, For this purpose, a material equity in the properly exists if the lease in noncancelable or is cancelable o..)v upon the occurrence of some remote - contingency and has one or II) ore of the following characteristics: (1) The organization has the right to purchase the property for a price which at lhe beg;nning of the lease appears to be substantially less than the probable fair market value at the time it is permitted to purchase the property (commonlv called a lease with a bargain purchase option): [Z) Tille to the properly pas~es to the organization at some t:me during or afler the lease perioc.: (3) The term of the Jease (initial term plus periodF covered by bargain renewal options, If any) is equal to 75 per cent or more of the economic life of the leased property: i.e.. the period the property Is expected to be econor.lically usable by one or more users. 43 noyalties and other costs for use of pal ".r and copyrights. a. J ;yalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright. patent, or rights thereto. necessary for the proper performance of the award are allowable unless: (]) The Government has a license or the right to free use of the plttent or copyright. (2) The patent or copyright hss been adjudicated to he invalid, or has been administrativelv determined to be invalid. (3) The palen't or copyright is considered to be unenforceable. (4) The patent or copyright is expirr.d. b, Special care should be exercised in determining reasonableness where the royalties may have been arrived at as a result of less then arm's length bargaining: e.g.: (1) Royalties paid to persons. including corpora tions. affilia ted with the organiza lio:l, (2) Royalties paid to unaffiliated parties, inciuding corpo~ations, under an agreement entered into in contemplation that a Government awerd would be made. (3) Royalties paid under an agreemenl entered into after an award is made to an organization. c. In any case involving a patent or copyright fonnerly owned by the organization, the amount of royalty allowed should not exceed the cost which would have been allowed had the organization retninp.d title therelo, 44, Severance pay. a. Severance pay. also commonly referred to as dismissal wages, is a payment in addition to re~ular salaries and wages. by organizations to workers whose employment is being terminaled. Costs of severance pay are allowable only to the extent that in each case, it is required b~, (i) law, (ii) employer- employee agreement, [iii) est:JbJished policy tha! con:;~itules, in effect, an implied agreenent on the organi::ation's part. or (iv) circ~m5ta:lce~ of t::e particular employment. b. CC'Sts of severance p:lyments are di\'ic!eu into two categories as follows: (1) Actual normal truno\'er severance paym!:nls shall be allocated to all ar.ti\'ilies: or, where the organization provides for a reserve for normal severanc'lS such method will be acceptable if the charge to current operations is reasonat,Je in light of payments actually made for normal sevp.rances over ~ representative past period, and if amourds ch~ri?:?d are alloc~ted to all activilies of the organiza tion. (2) Abnormal or mass severance puy is of such a conjectural naiu~e that measurement of costs by means of an accrual \'Jill not ;;chieve equity to bolh parties. Thus, accruals fo~ this pu'pose are not allo,,'able. However. th~ GovernmE:nt recogni7.e~ i~s obligatiun to participate to the extent of its fair share, in any specific payment. Thus, allow<lbility will be considered on a case-oy-case basis in the event of nccurrenr.e. 45. Speciali:'.ed ser'!/ce facilities. a. The cosls of services provided by hi"hiy -' A-122:10 complex or specialized facilities opernl~d by the organization. such as electronic computers and wind tunnels, are allown ble provided the chaTFes for the services meet the conditions of either b. or c. of this paragraph and, in addition, take into account any items of income or Federal financing thnt qualify as applicable credits unuer paragraph A.5, of Allachment A. b. The costs of such services, when material. must be charged directly to applicable awarus based on actual u.sage of the services on the basis of a schedule of rnles or established methodology that (i) does not discriminate against federally supported nctivities of the organization, including usage by the organization for internal purposes, and (ii) is designed 10 recover only the aggregate cosls of-I.he services. The costs of e:lch service shall consist normally of both its direct costs ~nd its allocable share of all indirer.t costs. Advanr,e agreements pursunnt to paragraph A.5. of Attachment A arc particularly important in this situalion. c, Where the costs incurred for a service Rre not material. they may be allocated as tndirect costs. 40. Taxes, 3. In general. taxes which the orgnniz:J tion '5 required to pay and whi:;ll are paid or .acr.rued inaccordullce with generally accepted accounling principles, and payments mnde 10 local governmenls in lieu of taxes which are commensurate with the local government services received are allowable, except for (i) taxes from which exemptiuns are available to the organizalion directiv or which are avail"ble to the organi~3tion based on an e:>-emplion afforded the Government and in the lailer case when the awarding agency m<lkes s\'ailable the ncce~sary exemp!:on cerlifica tcs. Iii) special assessments on land which represent capital improvements, and (iii) Federal income taxes. b. Any refund of t".xes, and <lny payment to the organization of interest thereon, which were allowed as award costs, wnl be crediled eilher as a cost reduction or cush refund, as appropriate, to the Government. 47. Termillulion costs. Terminati6n of awanls generally give rist- 10 the incurr~ilc(; uf cost~, or the neerl for specinl trentmen\ of costs, which would not havc llriscn had the award not been terminated. Cost principles clJvering these items arc set forth belew. They arc to be usr)d in conjunction with the 'other provisio:ls of this Circul;H in termination situations. a. Common itp.ms. The cust of items reasonatJly usable on the organization's clher work shall not be a!lowablc unless the orgnr.izatio:l submits evidence Ihat it would not retain such items al cost without sustaining a loss. In decidi:lg whelher such Hems are reasonably usable on other work of the organization, the awardil:g agency shouid consider the organization's plans and urders for current and scheduled aclivily. Contemporaneous purchuses of common items by the organization shall be regarded as evidence thai such ilems are reasonablv usable on the organization's other work. Any lIcceptance of common items as allocable to the terminated portion of the aWiJrd shall be hmited 10 the exlent thnt the fjllunliti"s of . ~ r ; ,'1 Office of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on order aM! in exce~s of the reasonable quantitative requirements of olher work.. b. Costs continuing alter tennination. U in a panicular case, despite all reasonable efforts by the organization. certain costs cannot be discontinued immediately alter the effective dale of termination. such costs ar1! generally allowable within the limitations Bet forth in t.h.is Circular, except that any such costs continuing alter lermination due to the negligent or willful failure of the organization 10 discontinue Bucb costs Bhall be unallowable, . e. Loss of ~'seful value. Lou of useful value of sreciallooling, mochinery and equipment w~,,:h was not charged to Ihe 8ward as a c;J,...ial ~xpenditure is generally allowable if: i:, Such special tooling, mac;;inery, or eq. :pmenl is not reo80nably capable of use in tlJ:. ~lber work of the organiz.ation. 1::1 The illterest of the Govemme:1t is ;:,~r ':r:I?d by transfer of title or t'y other nH';I:1S deemed appropriate by the awarding a::' ncy: Ii, Rental costs. Rental costs under u;-:I:xpired leases are generally allowable y, ~:ere clearly Bhown to have been n,..~onably necessary for the performance of 1[:" teminaled award less the residual value 0:' such leaaes, if (i) the amou.,t of auch rental ch.imed does nol exceed the reasonable use vabe of the property leased for the period of th~ ~w"rd and such further ~riod as may be rp'".ll)):,;ble, and (ii) the orgliruzation makes all reasonable efforts to lerminate. assign. sellie, or otherwise reduce the cost of such lease. There also may be included the cost of alterations of such le'ased property, provided luch aJ:erations were necessary for the performance of the award. and of reasonable restor;;tion required by the provisions of the leose. e. Settlement expenses. Settlement expenses including the following ano gen!'rally allowable; (1) Accounting. legaL clerical. and similar costs reasonably neCi::ssaT)' for. (a) The preparation and presentation 10 awardj~ agency of settlement claims and supporting data with respect to the terminated portion of the award. unless the termination is ior default. (See parllgraph 4.a oj Attachment 1.. OMB Circular No. A-llO; and (b) The termination and settlement of subawarcls. (2) Reasonable cos!l; for LlJe storage. transpor1atiol:'_ protection. and disposition of property provided by tbe Government or acquired or produced for LlJe aware: except when grantees an reimbu..~ed for disposals at a preo!'termined amolillt in accordan~ with Attachment N of OMB Cirt;ujar A-ll0. (3) Indirect costs related to silJaries and wages inCUJ'T'ed as settlement expenselI in subparagraphs (1) and (2) of thj., paragraph. Normally. such indirect costs shall be limited to Iring.e beneJits. occupancy cosL and unmedla te supervision. f. Claims w'lder subawards. Claims under lubawards. including the allocable portion of claims wbich ar1! common to the a ward. s.nd to other work of the organiz.aUon are generally allowable. An appropriate shure of the organization's indirect expense may be allocated to the amount of settlement. with subcontractor / subgrnntees: provided that the amount allocated is otherwis~ consistent with the basic guidelines contained in Attachment A.. The indirect expense 50 allocated sball exclude the sams and similar costs claimed directly or indirectly as settlemcnt expenses. 48. Training and educat.ian coats. a. Costs of preparation and maintenance of a program of instruction including but not limited to on-the-job, classroom. and apprenticeship training. designed to increase the vocational efiectiveneu of employees. including training materials. textboob. salaries or wages af trainees (excluding overtime compelUlation which might arise thereIrom), and (i) salaries of the director of training and sta!! wben the training program is conducl!:d by the organization: or (ii) tuition and fees when the training is in an inatitution not operated by the organization. are allowable. b. Costs of part-time education. at an undergraduate or postgraduate college leveL including that provided at the organization's own facilities. aM! allowable only when the course or degree pursued is relative to the field in which the employee is now working or may reasonably be expectet:lto work. and are limited to: (1) Training materials. (2) Textbooks. '(3) Fees charges by the ttdocational institution. (4) Tuition charget:l by the educational in3titution. or in lieu of tuition. ins lrUctOr:l , salaries and the related share of indirect costs of the educatioo.al in.stitution to the extent that the sum thereof La not in exceu of the tuition which would bave ben paid to the participating educational instllution. (5) Saiuries and related cosls 0: instru.ctors wbo are employees of tha OrganizatiOL (6) Straight-time compensation of ~ach employee ior time spent anending clas86l1 during werking hours oot in excess of 156 hours per yeer and only to the extent that circumstan= do not permit the operation of classes or attendance at classes afler regular working hours: otherwise such compensation is unallowable. e. C.Jsts of tuition. fees. tra~g materiale, and textbooks (but not subsistence. salary. or any other emoluments) in connection with full-time education. including that provided at the organization's own facilities. at a postgraduate (but not underp-aduate) college leveL are allcwable onlv when the course or degree pursued is relat~d to the field in which the empiDyee is now working or may reasonably be expected to work. and only where tb~ costs receive the prior approval of the awarriing agcncy. Such cos~ are limilet:l to the costs attributable 10 a lotal period not to excee:i on~ school year for each employee 50 trained.. In unusual, cases the pariod may be extended. d. Costs of attendance of up to 16 week.., per employee per year at specialized programs specifically designed to enhancc the effectiveness of executives or ma:1.agcrs or to prepare employees for suc.b positions are allowable. SuclJ costs include enroUment -' A-122:11 fees, training materials. textbooks and related chargea. employees' salarice. subsietence. and traveL Casu allowable under this paragrapb do not include tho~ for coursea that are part of a d~~nted curricwwn. which are allowable only 10 the extent set forth in b. and e. above. e. Maintenance expense. and normal depreciation or fair rental on facllilles owned or leBBed by the orj;arUz.a tion for training PW1'oses an: allowable to the extent sP.t forth in paragraphs 9, 2Z. and 42- f, C:.mtributions or donations to educational or training institutions, incJudlng l!:e aonation of facllineB or other propp.rtiell, BnJ scholarship5 or fellowshipa, are unallowllble. g. Training and educetion cosl.ll in exccss oj those otherwise allowable under peregrophs ..b. and c, of this paragraph may be allowed with prior approval oC'the awarding agency. To be considered for approval. the organization must demonstrate that such costs are consistently incurred p1.lI'5uant to an eslilblished training and educa:ion program. and that the course or degree p1.lI'5ued is relative 10 tho field in which the employee is now working or may reasonebly be expecled 10 work.. 49. Transportation costs. TransponaUon CllSts include freight. express, cartage. and pOllage charges relating either to goods purchased. in process, or delivered. These. costs ilre allowable. When such cosls can readily be identified with the itelll.ll involved. they may be directly charged liB transportation costs or added to the cost of such items (see paregrnph 23). Where identification with the materials received cannot readily be made. transportation costs may be charged to the appropriate indirect cost accounts if the organization follows a consistent. equitable procedure in this re~pe,::L 50. Travel costs. a. Tra vel costs are the expenses for lransportation. lodging. subaistence, and related items incurred by employees who are in Ira vel status on official business of the organization. Travel costs an allowable subject to paragraphs b. ilirough e. below, when they are dllectly attributeDie to specific work under an award or.are incurred in the normal course of administration of the organization. b. SuclJ "osts may be charged on an actual belsis. on a per diem or mileage basis in lieu of actual costs incurred. or on a combination of the tWo, proYided the method used resull.ll in charges consistent with those normally allowed by the organization in its regular opera tions. e. The diIference in cost between first-class air acco=odations and less than !in;t-cla8& air accommodations is unallowable except when less than first-class air accoD"uDoda tions a.""e not reasona bly available to meet necessary mission requirements. such as where leBe than fint- elasl accommodationB would (i) require circuitoWl routing. (il) require travel during unreasonable hours, (iii) greatly increase the duration' of the Oight. (iv) result in addilional costs which would offset the transporta tion sa\"i~p, or Iv) oITer ncco=odo tio'ns whic..h ~. j ",. .. .. L-- )fflce of Management and Budget Circular A-122 (6/27/80) 'T'e not rell&<lnably adequate for the med1ca.l :e1!d& of the traveJe1'. ct Neteuary and r&a&<lnabHl cosu of amily lDfvelDentl and penonnel movements )1 a spefal or mUI nature II.IlI allowable. llJ1'3Uan\to plU'agrup~ 40 and 41. subject to J!loca tiop on the basil of work or time period le::efilell: when appropriate. A?va.nce l~eemenlS are particullU'ly impo:1nnL II, Diroct charges for foreign travel costs are "llowable only when the travel has received xior approval of the awarding agcncy, Each -eparate foreign trip must be approved. For ~urpOBes of this provision. foreign tra vol is jefined as any travel oUlJlide of Canada and :~e United Slates aDd ils territories and ~osBe"ions. However, for an organization ,ocated in foreign countrics. the lenn "foreign :ravel" means travel outside that country. iCircular,No. A-l2.2J Attachment C Sooprofit Organizations nol Subject to lhi& CJ-t;u l.ar l\erospace Corporation. EI Segundo. California .A.r3onne Universities Aasociation. Chicago, Illinois Associated Univel1lities, Incorporated. vVasrungton. D.C. Associated Universities for Research and Astronomy, Tucson. Arizona Atomic Casualty Commission, Washinston. O,c. Battelle Memoriallnstitute. Heedquartered in Columbus. Oruo Brookb,aven National Laboratory, Upton. New York Center Cor f;nergy and f;nvlronmental Resee.rch [CEER). (University of Puerto Rico] Commonwealth of Puerto Rico. Charles St.a.;k Draper Laboratory, Incorporated Ca:;:bridge. Massachusetts. Campara tive f.r.imal Research Laboratory (CARL) (lJ::inrsity of Tenncssee). Oakridge. Ter.n"-~6ee i:::\'iromnental Institute of Michigan. lum !'.r~or. Michigan Har.ford Environmental Health Foundation. Richland. Washington !IT R~search Institute. Chicago, lliinois lr:~tilute ior DeCense Analysis. Arlington. Vi16inia bstilute of Gas Technology. Chicago. IllinDis M;dw~st ReselU'co Institute, Headquartered i:: Kunsas City, !vussoun }'!it,e Co,pora:icn. Bediord. Massachusetts }.~or.\ar.a Energy Research and Develo,llnent I::stitute. Inc~ (MERDI), Bulle. Montana 1"aticnal Radiological Astronomy Obsen'ator)', Green Bank. West Virginia Oak....idge Associated Universities. Oak....idge. Te;:nessee Project Ma."lsgement Corporation. Oakrid.l1e. T er.::lessee - Rand Corporation. Santa Monica. California R.esearch Triangle bstituta. Researc.~ Triangie Perk. North CarolhlB ?,ive:sicie Research lnstitute, New York. New York 5<!ndia Corporation. Albuquerque. New \.1 ~ -r:"'"" Southern Research Institubl, Blnningha.m. AlabllIIl8 Southwest Research wtitute. San Anton1a. T ex.B1 SRl International Menlo Parle. CaliIomla Syracuse Research Corporation. SyTBcuaa. New YorX Universities Research Asaociation. Incorporated (National Acceleration Lab), Argonne. nlinois Universities Corporation for Atmospheric Re8earch. Boulder. Colorado Nonprofitlnsurance Companies such as Blue Cross and Blue Shield Organizsl!onB Other nonprofit organizations a. negotiated 'Nith awarding agencies. [Fll Doc. lIG-= mod '-1-<<1: 6:45 om) 8IWH'A COOE Jll~l...u Editorial Corrections to OMS A-122 OFFICE OF MANAGEMENT AND BUDGET Circular A-122, "Cost Principles for 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. (45 FR 4602.2. July 8. 1980). FOR FURTHER INFORMATION CONTACT: Palmer Marcantonio. Financial Management Branch, Office of Management and Budget. Washington, D,C. 20503. (202) 395-4773. . Page 46022. column 2 the second Paragraph 1, change Paragraph 5 "Compensation for Personnel Scrvices" to ParagTaph 5, . Page 46022, column 2 the second Paragraph 2. change Paragraph 6 "Contingcncies" to Paragraph 7. . Page 46022. column 3: Paragraph 4. change Paragraph 31, "Equipment and Other Capital Expenditures" to Paragraph 13. . Paragraph 5. change Paragraph 25 "Meetings" to ParagToph 24.. . Paragraph 5, change Paragraph 27, "Organi~ation Costs" to Paragraph'26, . Paragraph 7. change. Paragraph 30 "Page charges in Professtional Journals" to Paragraph 28. . Paragraph 8, change paragraph 37 "Public Information Service Costs" to Paragraph 35, . Paragraph 9, change Paragraph 43 "Rental Costs" to Paragraph 42. . Paragraph 9a: in the fourth line. add "up" bctween the words "only" and "to"; in the sixth line change "they" to "it". . Parngraph 10, change Parugraph 51 "T~'l~:pl rn~lc;" In r~:-;lr'7"~Tln :,n - 1-- A-122:12 . Page 46024. column 3 Paragraph 4(a)(2) after "benefits received" add "; or", . Page 4(>025, column 1 Paragraph B3. change the rderence. "Paragraph 21 of Attachment B" to "Paragraph 19 of Attachmenl n." . Page 46026. column 1 Paragraph 4a.iii. in the sixth line. change "direct cosl" to "direct cosls," . Page 46026. column2 Paragraph Ele, change "e'stablishment of a rate" to "cstablishment of a final rale." . Page 46026, column 3 Paragraph E2b. in the third line add Ihe following aileI' "a Federal agency shall"-"submit its initial indirect cost proposal immediatelv." . Pajie 4{x727. column 3 Paragraph (3)(a), change "workmen's compensation" to "workerF' compensa lion," . Page 46028. column 1 Paragraph Gf3(b). (the second line of column 1) change "Workmen's compensation" to "workers' compensa tion:' . Page 46030, .column 3. paragraph 24b" the sixth line, change "allowable" to "allowability". Daniel F. Moon, nudget and Management Officer. IFR Doc. 81-8073 Flied 3-1&-81: ac<5 Ami BILLING CODE J'I~l-M Circular A-122, "Cost Principles for Nonprofit Organizations" Carrec/ian In FR Doc, 81-20270, appearing at page 46022 in the issue of Tuesday. July n. 1960. the following changcs should be made: 1. On page 46024, column three, tbe second sentence in paragraph 'A.5,b. should read. "Specific~ly. the concept of net ling such credit items against. related expenditures should be applied by the organization in determining the rales 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 complele sentence in paragraph A,5. should read. "This is particularly true in connection wi th organiza tions that receive a preponderance of their support from Federal agencies." 3. On page 46025. column one. paragraph B.2. should read. "2. Any direct cost of a minor amount may be treated as an indirect cost for reasons of practicality where the accounting trealment for such cost is consistently nrrb'd tn nil finAl r.o~t ohicr.tiveR." .. I ..~ "f'" 1 Office of Management and Budget Circular A-122 (6/27/80) 4. On page 46025. column one, paragraph E.4.f. should read, "f. Administration of group benefits on behalf of members or clients including 'life and hospital insurance, annuity or retirement plans. financial aid, etc." 5, On page 46025. column two. the first tsentence in paragraph O.l,e, should read. "The base period for the alloca lion of indirect costs is the period in which such costs are incurred and acclJmuloted for alloca tion to work performed in tho t period," O. On page 4G020. column one, the second senlence in paragraph 0.3.d should rend, "The costs in the common pool shall then be distributed to individual awards included in that function by use of a single indirect cost rate," 7, On page 46020, column one. the first senlence in paragraph 0.3.e, should read. "The distribution based used in computing the indircct cost rate for each function may be lotal direct costs (excluding capital expenditures and other distorting items such as major subcontracts and subgrnnts), direct :;alurics and wages, or olher base which results in an equitable d'istribution." 8, On page 46020. column one. the first and second sentences in paragraph O.4,a. should read, "Some nonprofit organizations treat all costs as direct costs except general administra lion and general expenses. These organiza lions' generally separate their cosls into threc basic cate!1ories:. . .," 9. On page 46025, the last sentence in column one (extending to column two), in paragraph 0.5. should read, "Thc factors may include the physical loca tion of the work. thc lcvel of administrative suppon required. the nature of lhe facilities or other resources employed, lhe scientific disciplines or technical skills involved, the organizational arrangements used, or any combination thereof." 10. On page 46026, column three. paragraph E.2.i. should read, "i. To the 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, column one, the introductory text of paragraph 16.0. and paragraph 16.b.(1) should read, "b. The costs of idle facilities are unallowable except to the extent that: (1) They Hre necessary to meet fluctuations in workloads: or". 12. On page 46030, column one, the second sentence in paragraph 16.c. should read. "Such costs are aJIowable, provided the capacity is reasonably antir:ipated to be necessary or WIlS originaJIy reasonable Rnd is not subject to reduction or elimination by subletting. renting, or sale, in accordance with sound business, economics or security practices:' 13. On page 45031, second column. paragraph 34.c. should read, "In addition to the factors in paragraph b, above. retainer fees 10 be allowable must be supported by evidence of bonn fide services available or rendered." blLUHO COO€ lS05--01-l.1 .1 A-122:13 '\ ..